Pages 53035±53302 Vol. 61 10±10±96 No. 198 federal register October 10,1996 Thursday announcement ontheinsidecoverofthisissue. For informationonbriefingsinWashington,DC,see Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996

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2 III

Contents Federal Register Vol. 61, No. 198

Thursday, October 10, 1996

Agriculture Department Federal Aviation Administration See Forest Service RULES NOTICES Airworthiness directives: Agency information collection activities: Boeing, 53035–53038 Submission for OMB review; comment request, 53188 CFM International, 53038–53040 Jetstream, 53040–53042 Arms Control and Disarmament Agency Lockheed, 53044–53046 PROPOSED RULES McDonnell Douglas, 53042–53044 National Security Information, 53158–53161 Robinson Helicopter Co., 53046–53050 Class E airspace, 53050–53051 Centers for Disease Control and Prevention Restricted areas, 53051–53053 NOTICES Standard instrument approach procedures, 53053–53058 Meetings: VOR Federal airways, 53050 Public Health Service Activities and Research at DOE PROPOSED RULES Sites Citizens Advisory Committee, 53227–53228 Airworthiness directives: Piper, 53155–53157 Commerce Department Class E airspace, 53157–53158 See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Federal Communications Commission NOTICES Committee for the Implementation of Textile Agreements Committees; establishment, renewal, termination, etc.: NOTICES North American Numbering Council, 53221–53223 Cotton, wool, and man-made textiles: Singapore, 53210 Federal Energy Regulatory Commission Textile consultation; review of trade: NOTICES India and Hong Kong; correction, 53210 Environmental statements; availability, etc.: N.E.W. Hydro, Inc., 53221 Education Department Applications, hearings, determinations, etc.: NOTICES ANR Pipeline Co., 53211 Agency information collection activities: Cleveland Electric Illuminating Co. et al., 53211 Proposed collection; comment request, 53210–53211 Columbia Gulf Transmission Co., 53212 Energy Department DPL Energy, Inc., et al., 53212 See Federal Energy Regulatory Commission East Tennessee Natural Gas Co., 53212–53213 PROPOSED RULES El Paso Natural Gas Co., 53213 Acquisition regulations: Florida Gas Transmission Co., 53213 Management and operating contracts— Koch Gateway Pipeline Co., 53213–53214 Competition and extension contract reform initiative; Midwestern Gas Transmission Co., 53214 implementation, 53185–53186 Mississippi River Transmission Corp., 53214 Mojave Pipeline Co., 53214–53215 Environmental Protection Agency National Fuel Gas Supply Corp., 53215 RULES NorAm Gas Transmission Co., 53215 Air quality implementation plans; approval and Northern Border Pipeline Co., 53215 promulgation; various States: Northern Natural Gas Co., 53216 Washington, 53066–53070 Pacific Gas Transmission Co., 53216–53217 PROPOSED RULES Paiute Pipeline Co., 53217 Air quality implementation plans; approval and Sandia Energy Resources Co., 53218 promulgation; various States: Tennessee Gas Pipeline Co., 53218–53219 Alaska, 53163–53166 Texas Eastern Transmission Corp., 53219 District of Columbia, 53166–53174 Transcontinental Gas Pipeline Corp., 53219–53220 Pennsylvania, 53174–53180 Transwestern Pipeline Co., 53220–53221 Utah, 53180–53184 Williston Basin Interstate Pipeline Co., 53220

Executive Office of the President Federal Highway Administration See Presidential Documents NOTICES See Trade Representative, Office of United States Environmental statements; notice of intent: Export Administration Bureau Salt Lake County et al., UT, 53260 NOTICES Agency information collection activities: Federal Housing Finance Board Submission for OMB review; comment request, 53189– NOTICES 53190 Meetings; Sunshine Act, 53223 IV Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Contents

Federal Maritime Commission Public and Indian housing: NOTICES Public housing sites; campus of learners designations (FY Agreements filed, etc., 53223 1996), 53232–53234

Federal Reserve System Interior Department NOTICES See Fish and Wildlife Service Banks and bank holding companies: See Geological Survey Formations, acquisitions, and mergers, 53224 See Land Management Bureau Meetings; Sunshine Act, 53223–53224 See National Park Service

Federal Retirement Thrift Investment Board Internal Revenue Service NOTICES RULES Meetings; Sunshine Act, 53224 Income taxes: Federal Trade Commission Magnetic media filing requirements for information NOTICES returns, 53058–53061 Premerger notification waiting periods; early terminations, S corporations and their shareholders— 53224–53226 Treatment of gain from disposition of interest in certain natural resource recapture property, 53062–53066 Fish and Wildlife Service PROPOSED RULES RULES Income taxes: Endangered and threatened species: Magnetic media filing requirements for information Achyranthes mutica, etc., 53108–53124 returns, 53161–53163 Alsinidendron lychnoides (nineteen plants from Kauai, HI), 53070–53089 International Trade Administration Chamaesyce herbstii (twenty-five plants from Oahu, HI), NOTICES 53089–53108 Antidumping: Clermontia drepanomorpha, etc. (thirteen plants from HI), Brake drums and rotors from— 53137–53153 China, 53190–53198 Cyanea dunbarii, etc. (three plants from Molokai, HI), Pasta from— 53130–53137 Italy, 53198 Delissea undulata, 53124–53130 Stainless steel wire rods from— PROPOSED RULES France, 53199–53203 Endangered and threatened species: Steel concrete reinforcing bar from— Cactus ferruginous pygmy-owl, 53186–53187 Turkey, 53203–53208

Forest Service Land Management Bureau NOTICES NOTICES Forest Legacy Program; revised guidelines; availability, Closure of public lands: 53188–53189 Oregon, 53234 Environmental statements; availability, etc.: Geological Survey Morenci Land Exchange, AZ, 53234–53235 NOTICES Protraction diagram filings: Meetings: Idaho, 53235 Federal Geographic Data Committee— Public land orders: Facilities working group, 53237–53238 Arizona; correction, 53235 Idaho, 53235 Health and Human Services Department Realty actions; sales, leases, etc.: See Centers for Disease Control and Prevention New Mexico, 53236 See Health Care Financing Administration Wisconsin, 53236–53237 See National Institutes of Health NOTICES Merit Systems Protection Board Organization, functions, and authority delegations: NOTICES Program Support Center, 53226–53227 Meetings; Sunshine Act, 53239 Program exclusions; list, 53231–53232

Health Care Financing Administration National Aeronautics and Space Administration NOTICES NOTICES Agency information collection activities: Inventions, Government-owned; availability for licensing, Proposed collection; comment request, 53228 53239 Senior Executive Service: Housing and Urban Development Department Performance Review Board; membership, 53239 PROPOSED RULES Low income housing: National Highway Traffic Safety Administration HOPE for homeownership of single family homes NOTICES program (HOPE 3), 53276–53277 Motor vehicle safety standards: NOTICES Occupant crash protection— Grant and cooperative agreement awards: Fatality reduction by air bags; evaluation report; Milton S. Eisenhower Foundation, 53232 review, 53260–53261 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Contents V

National Institutes of Health German-American Day (Proc. 6931), 53295–53296 NOTICES Roosevelt History Month (Proc. 6928), 53289–53290 Agency information collection activities: Wildlife Refuge Week, National (Proc. 6932), 53297 Proposed collection; comment request, 53228–53229 Meetings: President's Council on Integrity and Efficiency AIDS Research Office Advisory Council, 53229 NOTICES National Cancer Institute, 53229–53231 Senior Executive Service: National Heart, Lung, and Blood Institute, 53231 Performance Review Board; membership, 53242–53246 National Institute of Arthritis and Musculoskeletal and Public Debt Bureau Skin Diseases, 53231 National Institute of General Medical Sciences, 53231 NOTICES Agency information collection activities: National Oceanic and Atmospheric Administration Proposed collection; comment request, 53262 RULES Public Health Service Fishery conservation and management: See Centers for Disease Control and Prevention Alaska; fisheries of Exclusive Economic Zone— See National Institutes of Health Greenland turbot in Bering Sea subarea, 53153 Northern rockfish in Western Gulf of Alaska, 53154 Securities and Exchange Commission Pacific Ocean perch, etc., in Bering Sea subarea, NOTICES 53153–53154 Self-regulatory organizations; proposed rule changes: NOTICES American Stock Exchange, Inc., 53246 Agency information collection activities: New York Stock Exchange, Inc., 53246–53247 Proposed collection; comment request, 53208–53209 Pacific Stock Exchange, Inc., 53247–53254 Meetings: Philadelphia Stock Exchange, Inc., 53254–53256 North Pacific Fishery Management Council, 53209 Western Pacific Fishery Management Council, 53209 Small Business Administration Permits: NOTICES Marine mammals, 53209–53210 Interest rates; quarterly determinations, 53256–53259

National Park Service State Department NOTICES RULES Native American human remains and associated funerary Visas; nonimmigrant documentation: objects: Summer 1996 Olympic Games, Atlanta, GA; visa Anthropology Department, California State University- applications removal, 53058 Fullerton, CA; inventory completion from Island of PROPOSED RULES Maui, Hawaii, 53238 Privacy Act: Channel Islands National Park, CA; inventory, 53238– Implementation, 53158 53239 NOTICES Privacy Act: National Science Foundation Systems of records, 53259–53260 NOTICES Surface Transportation Board Antarctic Conservation Act of 1978; permit applications, NOTICES etc., 53239–53240 Railroad operation, acquisition, construction, etc.: Meetings: Providence & Worcester Railroad Co., 53261–53262 Interagency Arctic Research Policy Committee, 53240 Textile Agreements Implementation Committee Nuclear Regulatory Commission See Committee for the Implementation of Textile NOTICES Agreements Environmental statements; availability, etc.: Baltimore Gas & Electric Co., 53241 Thrift Supervision Office Applications, hearings, determinations, etc.: NOTICES Babcock & Wilcox Co., 53240–53241 Agency information collection activities: Proposed collection; comment request, 53262–53263 Office of United States Trade Representative Applications, hearings, determinations, etc.: See Trade Representative, Office of United States Citizens Federal Savings & Loan Association of Delphos, 53263 Postal Service Market Building & Savings Co., 53263 PROPOSED RULES Domestic Mail Manual: Trade Representative, Office of United States Address correction information, 53280–53285 NOTICES Tariff-rate quota amount determinations: Presidential Documents Beef imports from New Zealand, 53242 PROCLAMATIONS Unfair trade practices, petitions, etc.: Special observances: Germany; heavy electrical equipment discriminatory Child Health Day, (Proc. 6933), 53301–53302 procurement practices, 53242 Disability Employment Awareness Month, National (Proc. 6929), 53291–53292 Transportation Department Fire Prevention Week (Proc. 6930), 53293–53294 See Federal Aviation Administration VI Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Contents

See Federal Highway Administration Separate Parts In This Issue See National Highway Traffic Safety Administration See Surface Transportation Board Part II Housing and Urban Development Department, 53276–53277 Treasury Department See Internal Revenue Service Part III See Public Debt Bureau Postal Service, 53280–53285 See Thrift Supervision Office Part IV The President, 53289–53297 United States Information Agency NOTICES Part V Agency information collection activities: The President, 53301–53302 Proposed collection; comment request, 53263–53264 Grants and cooperative agreements; availability, etc.: International visitors; multi-regional projects, 53264– Reader Aids 53270 Additional information, including a list of public laws, Russia, Ukraine and Uzbekistan; training programs, telephone numbers, reminders, and finding aids, appears in 53270–53272 the Reader Aids section at the end of this issue.

Veterans Affairs Department NOTICES Electronic Bulletin Board Committees; establishment, renewal, termination, etc.: Free Electronic Bulletin Board service for Public Law Veterans’ Advisory Committee on Rehabilitation, 53272– numbers, Federal Register finding aids, and a list of 53273 documents on public inspection is available on 202–275– 1538 or 275–0920. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 6928...... 53289 6929...... 53291 6930...... 53293 6931...... 53295 6932...... 53297 6933...... 53301 14 CFR 39 (6 documents) ...... 53035, 53038, 53040, 53042, 53044, 53046 71 (2 documents) ...... 53050 73 (2 documents) ...... 53051, 53052 97 (3 documents) ...... 53053, 53054, 53056 Proposed Rules: 39...... 53155 71...... 53157 22 CFR 41...... 53058 Proposed Rules: 171...... 53158 605...... 53158 24 CFR Proposed Rules: 572...... 53276 26 CFR 1 (2 documents) ...... 53058 301...... 53058 602...... 53062 Proposed Rules: 1...... 53161 301...... 63161 39 CFR Proposed Rules: 111...... 53280 40 CFR 52...... 53066 Proposed Rules: 52 (4 documents) ...... 53163, 53166, 53174, 53180 48 CFR Proposed Rules: 917...... 53185 950...... 53185 952...... 53185 970...... 53185 50 CFR 17 (6 documents) ...... 53070, 53089, 53108, 53124, 53130, 53137 679 (3 documents) ...... 53153, 53154 Proposed Rules: 17...... 53186 53035

Rules and Regulations Federal Register Vol. 61, No. 198

Thursday, October 10, 1996

This section of the FEDERAL REGISTER The incorporation by reference of maintains the necessary concentration contains regulatory documents having general certain publications listed in the of Halon extinguishant in the cargo applicability and legal effect, most of which regulations is approved by the Director compartment.) are keyed to and codified in the Code of of the Federal Register as of October 25, The false fire warning may have been Federal Regulations, which is published under 1996. caused by the high moisture content of 50 titles pursuant to 44 U.S.C. 1510. Comments for inclusion in the Rules the cargo located in the forward cargo The Code of Federal Regulations is sold by Docket must be received on or before compartment. Moisture has been known the Superintendent of Documents. Prices of December 9, 1996. to trigger false detections in other cargo new books are listed in the first FEDERAL ADDRESSES: Submit comments in smoke detection systems. Failure of the REGISTER issue of each week. triplicate to the Federal Aviation fire bottles to discharge may have been Administration (FAA), Transport caused by contamination of the arming Airplane Directorate, ANM–103, switch contacts of the cargo fire DEPARTMENT OF TRANSPORTATION Attention: Rules Docket No. 96–NM– extinguishing system. This 205–AD, 1601 Lind Avenue, SW., contamination is a result of particles Federal Aviation Administration Renton, Washington 98055–4056. originating from a component internal The service information referenced in to the switch. The internal component 14 CFR Part 39 this AD may be obtained from Boeing is made from a polyester material that [Docket No. 96±NM±205±AD; Amendment Commercial Airplane Group, P.O. Box has been found to be subject to knicking 39±9767; AD 96±20±01] 3707, Seattle, Washington 98124–2207. and chafing during assembly and RIN 2120±AA64 This information may be examined at subsequent operation of the switch. the FAA, Transport Airplane When the switch is pushed and Airworthiness Directives; Boeing Directorate, 1601 Lind Avenue, SW., activated, particles from the polyester Model 777±200 Series Airplanes Renton, Washington; or at the Office of material can contaminate the switch the Federal Register, 800 North Capitol contacts and can prevent the switch AGENCY: Federal Aviation Street, NW., suite 700, Washington, DC. from activating. Administration, DOT. FOR FURTHER INFORMATION CONTACT: Subsequent to the report of the ACTION: Final rule; request for Jeffrey Duven, Aerospace Engineer, incident described previously, the FAA comments. Propulsion Branch, ANM–140S, FAA, received several additional reports of failures of switches that are used in SUMMARY: This amendment adopts a Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, systems of the airplane other than the new airworthiness directive (AD) that is cargo fire extinguishing system, applicable to certain Boeing Model 777– Washington; telephone (206) 227–2688; fax (206) 227–1181. including the fuel, air conditioning, and 200 series airplanes. This action alternate flaps systems. The FAA has SUPPLEMENTARY INFORMATION: The FAA requires a one-time inspection to determined that the switches in these received a report indicating that the determine the serial numbers of various systems are equally susceptible to the flight crew received a warning of fire in switch modules on the overhead panel contamination described previously. and control stand, and replacement of the forward cargo compartment of a Contamination of the switch contacts switch modules with new improved Boeing Model 777–200 series airplane and consequent failure of the switches, modules. This AD also requires during flight. In response to the if not corrected, could result in inability repetitive tests of the cargo fire warning, the flight crew pushed the of the flight crew to activate the cargo extinguishing system, and one-time tests forward arming and cargo fire discharge fire extinguishing, fuel, air conditioning, of the fuel crossfeed valve, pack, trim switches in an attempt to discharge the and alternate flap systems. air, and alternate flap control switches; fire extinguishing bottles in the forward and repair or replacement of switch cargo compartment; subsequently, the Explanation of Relevant Service modules with new improved modules, flight crew landed the airplane safely. Information if necessary. This amendment is During a subsequent inspection, no The FAA has reviewed and approved prompted by a report indicating that the evidence of smoke or fire was found in Boeing Alert Service Bulletin 777– flight crew received a warning of fire in the forward cargo compartment. Both 26A0004, dated June 21, 1996. The alert the forward cargo compartment during dump bottles of the fire extinguishing service bulletin describes procedures for flight; later inspection revealed that the system (bottles 1A and 1B) had a one-time inspection to determine the metered fire bottles failed to discharge discharged. (Discharge of extinguishant serial numbers of the switch modules of due to suspected contamination of the from these dump bottles will bring a fire the forward arming switch, the aft arming switch contacts of the cargo fire to a controllable level.) None of the arming switch, and the discharge switch extinguishing system. The actions three fire bottles of the metered system of the cargo fire extinguishing system; specified in this AD are intended to (bottles 2A, 2B, and 2C) had discharged. and replacement of certain switch minimize contamination of the switch (If the fire bottles of the metered system modules with new improved modules, contacts and consequent failure of the do not discharge, the capability of the if necessary. These new improved switches, which, if not corrected, could fire extinguishing system to suppress a switch modules are made of a more result in inability of the flight crew to sustained fire is reduced.) Additionally, resilient nylon material that will reduce activate the cargo fire extinguishing, the ventilation control mode for fire did contamination. The alert service fuel, air conditioning, and alternate flap not operate as designed. (The bulletin also describes procedures for systems. ventilation control for fire prevents functional tests of the cargo fire DATES: Effective October 25, 1996. smoke from entering the main deck and extinguishing system following 53036 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations accomplishment of the inspection/ and repair or replacement of switch of 30 days after the effective date of this replacement. The alert service bulletin modules with new improved modules, AD is consistent with the original intent references Boeing Component Service if necessary. The repair is required to be of the AD; that is, the switch module Bulletin 233W3212–80–01, dated June accomplished in accordance with must be replaced with a new improved 21, 1996, as an additional source of normal maintenance practices. Other switch module [that is, a module on service information for accomplishment actions are required to be accomplished which the first four digits of the serial of the inspection/replacement. in accordance with the alert service number are 9544 or greater (excluding The FAA also has reviewed and bulletins described previously. 9634 through 9638 inclusive)]. approved Boeing Alert Service Bulletin This AD also prohibits dispatch of an 777–31A0013, dated August 29, 1996. airplane with any air conditioning pack Interim Action The alert service bulletin describes or fuel crossfeed valve inoperative until The requirements of this AD are procedures for a one-time inspection to the one-time inspection of the switch considered to be interim action. The determine the serial numbers of the modules of alternate flaps arm switch, FAA has determined that as many as 76 switch modules of the alternate flaps the fuel crossfeed switches, and the air switches on these airplanes may be arm switch on the P10 control stand, the conditioning pack and trim air switches equally susceptible to the addressed forward and aft fuel crossfeed switches is accomplished, switch modules are contamination problems. This AD on the fuel/fuel jettison module replaced (as necessary), and the one- requires actions to address the 10 assembly, and the left and right air time tests of the fuel crossfeed valve, switches that are associated with the conditioning pack and trim air switches pack, trim air, and alternate flap control most flight-critical systems. The FAA is on the air conditioning module switches are accomplished. considering additional rulemaking to assembly; and replacement of certain address other switches that are Differences Between Relevant Service switch modules with new improved susceptible to contamination. Information and AD modules. Determination of Rule’s Effective Date The alert service bulletin also 1. Operators should note that Boeing describes procedures for a one-time Alert Service Bulletin 777–31A0013 Since a situation exists that requires functional test of the fuel crossfeed identifies the new improved switch the immediate adoption of this valve switches; and a one-time modules as those on which the first four regulation, it is found that notice and operational test of the pack switches, digits of the serial number are 9544 or opportunity for prior public comment the trim air switches, and the alternate greater. However, the FAA has been hereon are impracticable, and that good flap control switches following advised that switch modules on which cause exists for making this amendment accomplishment of the inspection/ the first four digits of the serial number effective in less than 30 days. are 9634, 9635, 9636, 9637, and 9638 replacement. Comments Invited This alert service bulletin references were potentially subjected to excessive two other service bulletins as additional heat and pressure during the Although this action is in the form of sources of service information for manufacturing process and are subject a final rule that involves requirements accomplishing the inspection/ to internal shorting, which can cause affecting flight safety and, thus, was not replacement: malfunction of a switch. ‘‘New preceded by notice and an opportunity 1. Boeing Component Service Bulletin improved modules’’ are defined in this for public comment, comments are 233W3204–21–01, dated August 29, AD as those on which the first four invited on this rule. Interested persons 1996 (for the pack and trim air digits of the serial number are 9544 or are invited to comment on this rule by switches); and greater, excluding 9634, 9635, 9636, submitting such written data, views, or 2. Boeing Component Service Bulletin 9637, and 9638. arguments as they may desire. 233W3203–28–01, dated August 29, 2. In addition, the effectivity listing Communications shall identify the 1996 (for the fuel crossfeed valve specified in Boeing Alert Service Rules Docket number and be submitted switches). Bulletin 777–26A0004 does not address in triplicate to the address specified recently delivered airplanes having line under the caption ADDRESSES. All Explanation of the Requirements of the positions 33 and subsequent. Further, communications received on or before Rule the effectivity listing specified in Boeing the closing date for comments will be Since an unsafe condition has been Alert Service Bulletin 777–31A0013 considered, and this rule may be identified that is likely to exist or does not address airplanes having line amended in light of the comments develop on other Boeing Model 777–200 positions 37 and subsequent. This AD, received. Factual information that series airplanes of the same type design, however, requires that the actions of supports the commenter’s ideas and this AD is being issued to minimize paragraph (a), (b), or (c), as applicable, suggestions is extremely helpful in contamination of the switch contacts be accomplished on airplanes having evaluating the effectiveness of the AD and consequent failure of the switches, line positions 1 through 40 (inclusive). action and determining whether which, if not corrected, could result in 3. While the effect of all AD’s, in additional rulemaking action would be inability of the flight crew to activate conjunction with section 39.3 of the needed. the cargo fire extinguishing, fuel, air Federal Aviation Regulations (14 CFR Comments are specifically invited on conditioning, and alternate flap systems. 39.3), is to prohibit installation of ‘‘bad’’ the overall regulatory, economic, This AD requires a one-time inspection parts after the deadline for their environmental, and energy aspects of to determine the serial numbers of replacement, the FAA has determined the rule that might suggest a need to various switch modules on the overhead that it is appropriate to make this modify the rule. All comments panel and control stand, and prohibition explicit in this case because submitted will be available, both before replacement of switch modules with of the commonality of the part number and after the closing date for comments, new improved modules. This AD also of the ‘‘bad’’ and ‘‘good’’ parts. The in the Rules Docket for examination by requires repetitive tests of the cargo fire intent of paragraph (d) of this AD is to interested persons. A report that extinguishing system, and one-time tests ensure that any replacement of a switch summarizes each FAA-public contact of the fuel crossfeed valve, pack, trim module associated with certain flight- concerned with the substance of this AD air, and alternate flap control switches; critical systems that is accomplished as will be filed in the Rules Docket. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53037

Commenters wishing the FAA to § 39.13 [Amended] Instructions of the alert service bulletin. acknowledge receipt of their comments 2. Section 39.13 is amended by Thereafter, repeat the functional test at submitted in response to this rule must adding the following new airworthiness intervals not to exceed 12 months. submit a self-addressed, stamped directive: (i) If the cargo fire extinguishing system postcard on which the following fails any functional test required by 96–20–01 Boeing: Amendment 39–9767. paragraph (a)(2) of this AD and the failure is statement is made: ‘‘Comments to Docket 96–NM–205–AD. determined to be caused by a defective Docket Number 96–NM–205–AD.’’ The Applicability: Model 777–200 series switch module, prior to further flight, replace postcard will be date stamped and airplanes having line positions 1 through 40 any discrepant switch module in that system returned to the commenter. inclusive, certificated in any category. with a new improved module (a module on Regulatory Impact Note 1: This AD applies to each airplane which the first four digits of the serial identified in the preceding applicability number are 9544 or greater, excluding 9634 The regulations adopted herein will provision, regardless of whether it has been through 9638 inclusive) in accordance with not have substantial direct effects on the otherwise modified, altered, or repaired in the alert service bulletin. States, on the relationship between the the area subject to the requirements of this (ii) If the cargo fire extinguishing system national government and the States, or AD. For airplanes that have been modified, fails any functional test required by on the distribution of power and altered, or repaired so that the performance paragraph (a)(2) of this AD and the failure is of the requirements of this AD is affected, the determined to be caused by a condition other responsibilities among the various owner/operator must request approval for an than a defective switch module, prior to levels of government. Therefore, in alternative method of compliance in further flight, repair in accordance with accordance with Executive Order 12612, accordance with paragraph (e) of this AD. normal maintenance practices. it is determined that this final rule does The request should include an assessment of (b) For airplanes having line positions 2 not have sufficient federalism the effect of the modification, alteration, or through 9 inclusive, 11 through 13 inclusive, implications to warrant the preparation repair on the unsafe condition addressed by 15 through 17 inclusive, and 19 through 36 of a Federalism Assessment. this AD; and, if the unsafe condition has not inclusive: The airplane may not be The FAA has determined that this been eliminated, the request should include dispatched with any air conditioning pack or regulation is an emergency regulation specific proposed actions to address it. fuel crossfeed valve inoperative. Once the that must be issued immediately to Compliance: Required as indicated, unless actions required by paragraph (c) of this AD correct an unsafe condition in aircraft, accomplished previously. To minimize are accomplished, the airplane may be contamination of the switch contacts and dispatched with one or both air conditioning and that it is not a ‘‘significant consequent failure of the switches, which, if packs and one fuel crossfeed valve regulatory action’’ under Executive not corrected, could result in inability of the inoperative, in accordance with the Order 12866. It has been determined flight crew to activate the cargo fire provisions and limitations specified in the further that this action involves an extinguishing, fuel, air conditioning, and Master Minimum Equipment List (MMEL). emergency regulation under DOT alternate flap systems; accomplish the (c) For airplanes having line positions 1 Regulatory Policies and Procedures (44 following: through 40 inclusive: Within 30 days after FR 11034, February 26, 1979). If it is (a) For airplanes having line positions 1 the effective date of this AD, accomplish the determined that this emergency through 40 inclusive: Within 30 days after requirements of paragraphs (c)(1) and (c)(2) the effective date of this AD, accomplish the in accordance with Boeing Alert Service regulation otherwise would be requirements of paragraphs (a)(1) and (a)(2) significant under DOT Regulatory Bulletin 777–31A0013, dated August 29, of this AD in accordance with Boeing Alert 1996. Policies and Procedures, a final Service Bulletin 777–26A0004, dated June Note 3: Boeing Alert Service Bulletin 777– regulatory evaluation will be prepared 21, 1996. 31A0013 references Boeing Component and placed in the Rules Docket. A copy Note 2: Boeing Alert Service Bulletin 777– Service Bulletin 233W3204–21–01, dated of it, if filed, may be obtained from the 26A0004 references Boeing Component August 29, 1996 (for the pack and trim air Rules Docket at the location provided Service Bulletin 233W3212–80–01, dated switches), and Boeing Component Service under the caption ADDRESSES. June 21, 1996, as an additional source of Bulletin 233W3203–28–01, dated August 29, service information for accomplishment of 1996 (for the fuel crossfeed valve switches), List of Subjects in 14 CFR Part 39 the one-time inspection and replacement. as additional sources of service information (1) Perform a one-time inspection to Air transportation, Aircraft, Aviation for accomplishment of the one-time determine the serial numbers of the switch inspection and replacement. safety, Incorporation by reference, modules of the forward arming switch, the aft Safety. arming switch, and the discharge switch of (1) Perform a one-time inspection to determine the serial numbers of the switch Adoption of the Amendment the cargo fire extinguishing system; in accordance with the alert service bulletin. If modules of the alternate flaps arm switch on Accordingly, pursuant to the the first four digits of the serial number of the the P10 control stand, the forward and aft authority delegated to me by the switch module are less than 9544, or if the fuel crossfeed switches on the fuel/fuel Administrator, the Federal Aviation first four digits of the serial number of the jettison module assembly, and the left and Administration amends part 39 of the switch module are 9634, 9635, 9636, 9637, or right air conditioning pack and trim air switches on the air conditioning module Federal Aviation Regulations (14 CFR 9638, prior to further flight, replace the switch module with a new improved module assembly; in accordance with the part 39) as follows: (that is, a module on which the first four Accomplishment Instructions of the alert digits of the serial number are 9544 or service bulletin, with the exception of PART 39ÐAIRWORTHINESS greater, excluding 9634 through 9638 paragraph A of those Accomplishment DIRECTIVES inclusive) in accordance with the alert Instructions. In lieu of that paragraph of the 1. The authority citation for part 39 service bulletin. And alert service bulletin, accomplish the (2) Perform a functional test of the cargo following: Open the circuit breakers listed in continues to read as follows: fire extinguishing system in accordance with Table 1 of this AD and attach ‘‘DO-NOT- Authority: 49 U.S.C. 106(g), 40113, 44701. paragraph III.C. of the Accomplishment CLOSE’’ tags:

TABLE 1.ÐCIRCUIT BREAKERS TO BE OPENED AND TAGGED

Location (panel/grid) Name Circuit breaker

P110/L23 ...... FUEL XFEED VLV FWD ...... C28629. 53038 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

TABLE 1.ÐCIRCUIT BREAKERS TO BE OPENED AND TAGGEDÐContinued

Location (panel/grid) Name Circuit breaker

P310/G9 ...... FUEL XFEED VLV AFT ...... C28612. P310/A8 ...... SNSR EXC 1 ...... C27513. P310/D3 ...... FSEU 1 ...... C27601. P210/F21 ...... SNSR EXC 2 ...... C27514. P210/K4 ...... FSEU 2 ...... C27602. P11/D6 ...... OPAS 1 ...... C23603. P11/G20 ...... OPAS 2 ...... C23602. P11/B7 ...... OPAS 3 ...... C23605. P210/K8 ...... SLATS ELEC CNTL RLY PWR ...... C27630. P110/K17 ...... FLAPS ELEC CNTL RLY PWR ...... C27631. P110/F4 ...... OVHD INST & PNL LTS/FWD PNL FLOOD LTS ...... C33410. P110/G4 ...... AISLE STAND INST & PNL LTS ...... C33492. P110/N25 ...... MD & T CHANNEL 1 ...... C33605. P310/B3 ...... MD & T CHANNEL 3 ...... C33610. P310/F4 ...... MD & T CHANNEL 4 ...... C33611. P210/M3 ...... MD & T CHANNEL 5 ...... C33604.

If the first four digits of the serial number 9638 at the locations listed in paragraphs (h) This amendment becomes effective on of the switch module are less than 9544; or (d)(1) through (d)(6) of this AD: October 25, 1996. if the first four digits of the serial number of (1) the discharge switch of the cargo fire Issued in Renton, Washington, on October the switch module are 9634, 9635, 9636, extinguishing system; 2, 1996. 9637, or 9638; prior to further flight, replace (2) the alternate flaps arm switch on the Ronald T. Wojnar, the switch module with a new improved P10 control stand; Manager, Transport Airplane Directorate, switch module (a module on which the first (3) the forward and aft arming switches of Aircraft Certification Service. four digits of the serial number are 9544 or the cargo fire extinguishing system; greater, excluding 9634 through 9638 (4) the forward and aft fuel crossfeed [FR Doc. 96–25814 Filed 10–9–96; 8:45 am] inclusive) in accordance with the alert switches on the fuel/fuel jettison module BILLING CODE 4910±13±P service bulletin. assembly; Note 4: Opening the three OPAS circuit (5) the left and right air conditioning pack breakers will disable control of the air switches on the air conditioning module 14 CFR Part 39 conditioning packs from the air conditioning assembly; and [Docket No. 95±ANE±15; Amendment 39± control panel. If it is desired to turn on the (6) the left and right trim air switches on 9742; AD 96±18±16] air conditioning pack during incorporation of the air conditioning module assembly. the alert service bulletin, the pack should be (e) An alternative method of compliance or RIN 2120±AA64 turned on before opening the OPAS circuit adjustment of the compliance time that breakers. provides an acceptable level of safety may be Airworthiness Directives; CFM (2) Perform a one-time functional test of used if approved by the Manager, Seattle International CFM56±2/±2A/±2B/±3/±3B/ the fuel crossfeed valve switches, a one-time Aircraft Certification Office (ACO), FAA, ±3C/±5 Series Turbofan Engines operational test of the pack switches, a one- Transport Airplane Directorate. Operators time operational test of the trim air switches, shall submit their requests through an AGENCY: Federal Aviation and a one-time operational test of the appropriate FAA Principal Maintenance Administration, DOT. alternate flap control switches in accordance Inspector, who may add comments and then ACTION: Final rule. with paragraphs III.F., III.G., III.H., and III.I., send it to the Manager, Seattle ACO. respectively, of the Accomplishment Note 5: Information concerning the SUMMARY: This amendment adopts a Instructions of the alert service bulletin. existence of approved alternative methods of new airworthiness directive (AD), (i) If any switch module fails any test compliance with this AD, if any, may be applicable to CFM International (CFMI) required by paragraph (c)(2) of this AD and obtained from the Seattle ACO. the failure is determined to be caused by a CFM56–2/–2A/–2B/–3/–3B/–3C/–5 defective switch module, prior to further (f) Special flight permits may be issued in series turbofan engines, that requires flight, replace any discrepant switch module accordance with sections 21.197 and 21.199 part number reidentification of certain in that system with a new improved module of the Federal Aviation Regulations (14 CFR low pressure turbine rotor (LPTR) stub (a module on which the first four digits of the 21.197 and 21.199) to operate the airplane to shafts and conical supports, and serial number are 9544 or greater, excluding a location where the requirements of this AD reduction of the low cycle fatigue (LCF) 9634 through 9638 inclusive) in accordance can be accomplished. (g) The inspection and replacement shall retirement lives for these reidentified with the alert service bulletin. parts. This amendment is prompted by (ii) If any switch module fails any test be done in accordance with Boeing Alert required by paragraph (c)(2) of this AD and Service Bulletin 777–26A0004, dated June the results of a refined life analysis the failure is determined to be caused by a 21, 1996, and Boeing Alert Service Bulletin performed by the manufacturer which condition other than a defective switch 777–31A0013, dated August 29, 1996. This revealed minimum calculated LCF lives module, prior to further flight, repair in incorporation by reference was approved by significantly lower than published LCF accordance with normal maintenance the Director of the Federal Register in retirement lives. The actions specified practices. accordance with 5 U.S.C. 552(a) and 1 CFR by this AD are intended to prevent an (d) For airplanes having line positions 1 part 51. Copies may be obtained from Boeing LCF failure of the LPTR stub shaft and through 40 inclusive: As of 30 days after the Commercial Airplane Group, P.O. Box 3707, conical support, which could result in Seattle, Washington 98124–2207. Copies may effective date of this AD, no person shall an uncontained engine failure and install on any airplane a switch module on be inspected at the FAA, Transport Airplane which the first four digits of the serial Directorate, 1601 Lind Avenue, SW., Renton, damage to the aircraft. number are less than 9544, or a switch Washington; or at the Office of the Federal DATES: Effective December 9, 1996. module on which the first four digits of the Register, 800 North Capitol Street, NW., suite The incorporation by reference of serial number are 9634, 9635, 9636, 9637, or 700, Washington, DC. certain publications listed in the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53039 regulations is approved by the Director revised, and paragraph (j) has been PART 39ÐAIRWORTHINESS of the Federal Register as of December added accordingly. DIRECTIVES 9, 1996. After careful review of the available 1. The authority citation for part 39 ADDRESSES: The service information data, including the comments noted continues to read as follows: referenced in this AD may be obtained above, the FAA has determined that air from CFM International, Technical safety and the public interest require the Authority: 49 U.S.C. 106(g), 40113, 44701. Publications Department, One Neumann adoption of the rule with the changes § 39.13 [Amended] Way, Cincinnati, OH 45215; telephone described previously. The FAA has 2. Section 39.13 is amended by (513) 552–2981, fax (513) 552–2816. determined that these changes will adding the following new airworthiness This information may be examined at neither increase the economic burden directive: the Federal Aviation Administration on any operator nor increase the scope (FAA), New England Region, Office of of the AD. 96–18–16 CFM International: Amendment the Assistant Chief Counsel, 12 New The FAA estimates that 41 engines 39–9742. Docket 95–ANE–15. England Executive Park, Burlington, installed on aircraft of U.S. registry will Applicability: CFM International (CFMI) MA; or at the Office of the Federal be affected by this AD, that it will take CFM56–2/–2A/–2B/–3/–3B/–3C/–5 series Register, 800 North Capitol Street, NW., approximately 0.25 work hours per turbofan engines installed on, but not limited to Airbus A319 and A320 series, McDonnell suite 700, Washington, DC. engine to accomplish the required Douglas DC–8 series, and Boeing 737, as well FOR FURTHER INFORMATION CONTACT: actions, and that the average labor rate as Boeing E–3, E–6, and KC–135 (military) Glorianne Messemer, Aerospace is $60 per work hour. Assuming that the series aircraft. Engineer, Engine Certification Office, parts cost is proportional to the Note: This airworthiness directive (AD) FAA, Engine and Propeller Directorate, reduction of the LCF retirement lives, applies to each engine identified in the 12 New England Executive Park, the required parts will cost preceding applicability provision, regardless Burlington, MA 01803–5299; telephone approximately $6,687 per engine. Based of whether it has been modified, altered, or (617) 238–7132; fax (617) 238–7199. on these figures, the total cost impact of repaired in the area subject to the requirements of this AD. For engines that SUPPLEMENTARY INFORMATION: A the AD on U.S. operators is estimated to be $274,782. have been modified, altered, or repaired so proposal to amend part 39 of the Federal that the performance of the requirements of Aviation Regulations (14 CFR part 39) to The regulations adopted herein will this AD is affected, the owner/operator must include an airworthiness directive (AD) not have substantial direct effects on the request approval for an alternative method of that is applicable to CFM International States, on the relationship between the compliance in accordance with paragraph (k) (CFMI) CFM56–2/–2A/–2B/–3/–3B/–3C/ national government and the States, or of this AD. The request should include an –5 series turbofan engines was on the distribution of power and assessment of the effect of the modification, published in the Federal Register on responsibilities among the various alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe September 1, 1995 (60 FR 45683). That levels of government. Therefore, in accordance with Executive Order 12612, condition has not been eliminated, the action proposed to require part number request should include specific proposed reidentification of certain low pressure it is determined that this final rule does actions to address it. not have sufficient federalism turbine rotor (LPTR) stub shafts and Compliance: Required as indicated, unless conical supports, and reduction of the implications to warrant the preparation accomplished previously. low cycle fatigue (LCF) retirement lives of a Federalism Assessment. To prevent a low cycle fatigue (LCF) failure for these reidentified parts in For the reasons discussed above, I of the low pressure turbine rotor (LPTR) stub accordance with the following CFMI certify that this action (1) is not a shaft and conical support, which could result service bulletins (SB’s): CFM56–2 SB ‘‘significant regulatory action’’ under in an uncontained engine failure and damage No. 72–728, Revision 2, dated December Executive Order 12866; (2) is not a to the aircraft, accomplish the following: 21, 1994, CFM56–2A SB No. 72–338, ‘‘significant rule’’ under DOT (a) Reidentify CFM56–2A LPTR stub shafts, Regulatory Policies and Procedures (44 Part Numbers (P/N) 301–330–623–0 and 301– dated November 25, 1993, CFM56–2B 330–624–0, with Serial Numbers (S/N) listed SB No. 72–476, dated December 7, 1993, FR 11034, February 26, 1979); and (3) in Table 2 of CFMI CFM56–2A Service and CFM56–3/–3B/–3C SB No. 72–695, will not have a significant economic Bulletin (SB) No. 72–338, dated November dated November 25, 1993. impact, positive or negative, on a 25, 1993, in accordance with the Interested persons have been afforded substantial number of small entities Accomplishment Instructions of CFMI an opportunity to participate in the under the criteria of the Regulatory CFM56–2A SB No. 72–338, dated November making of this amendment. Due Flexibility Act. A final evaluation has 25, 1993, at the next piece-part exposure after consideration has been given to the been prepared for this action and it is the effective date of this AD, but not to comments received. contained in the Rules Docket. A copy exceed 6,400 cycles since new (CSN). Two commenters support the rule as of it may be obtained from the Rules (b) Reidentify CFM56–2B LPTR stub shafts, P/N 301–330–618–0, 301–330–619–0, 301– proposed. Docket at the location provided under 330–623–0, and 301–330–624–0, with S/N One commenter states that CFM56–3 the caption ADDRESSES. listed in Table 2 of CFMI CFM56–2B SB No. series engines should be included in List of Subjects in 14 CFR Part 39 72–476, dated December 7, 1993, in compliance paragraph (f) of the accordance with the Accomplishment proposed rule. The FAA concurs, and Air Transportation, Aircraft, Aviation Instructions of CFMI CFM56–2B SB No. 72– paragraph (f) of this final rule has been safety, Incorporation by reference, 476, dated December 7, 1993, at the next revised accordingly. Safety. piece-part exposure after the effective date of One commenter suggests that the this AD, but not to exceed 8,300 CSN. Adoption of the Amendment proposed rule be revised to address the (c) Reidentify CFM56–2 LPTR conical LCF retirement lives of CFM56–3B and Accordingly, pursuant to the supports, P/N 305–056–106–0, 305–056– 109–0, 305–056–110–0, and 305–056–111–0, CFM56–3C series engines that are authority delegated to me by the with S/N listed in Table 1 of CFMI CFM56– operated at reduced thrust ratings, since Administrator, the Federal Aviation 2 SB No. 72–728, Revision 2, dated December the lives are dependent on the thrust Administration amends part 39 of the 21, 1994, in accordance with the rating. The FAA concurs. Paragraphs (f) Federal Aviation Regulations (14 CFR Accomplishment Instructions of CFMI and (g) of this final rule have been part 39) as follows: CFM56–2 SB No. 72–728, Revision 2, dated 53040 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

December 21, 1994, at the next piece-part the next piece-part exposure after the accordance with paragraphs (a) through (g) of exposure after the effective date of this AD, effective date of this AD, but not to exceed this AD, and the new LCF retirement life but not to exceed 18,000 CSN. a total Category B thrust rating life of 11,400 noted in paragraph (h) of this AD, which are (d) Reidentify CFM56–2A LPTR conical CSN. published in Chapter 05 of the applicable supports, P/N 305–056–110–0 and 305–056– (3) For CFM56–3C series engines operating engine shop manual (CFM56–2 CFMI– 111–0, with S/N listed in Table 1 of CFMI at the Category C thrust rating, at the next CFM56–2A SB No. 72–338, dated November piece-part exposure after the effective date of TP.SM.4, CFM56–2A/–2B CFMI–TP.SM.6, 25, 1993, in accordance with the this AD, but not to exceed a total Category CFM56–3 CFMI–TP.SM.5, and CFM56–5 Accomplishment Instructions of CFMI C thrust rating life of 7,900 CSN. CFMI–TP.SM.7). CFM56–2A SB No. 72–338, dated November (g) Reidentify CFM56–3/–3B/–3C LPTR (j) The Category A, B, and C thrust rating 25, 1993, at the next piece-part exposure after conical supports, P/N 305–056–106–0, 305– noted in paragraphs (f) and (g) of this AD are the effective date of this AD, but not to 056–109–0, 305–056–110–0, and 305–056– defined in Chapter 05 of CFM56–3 engine exceed 5,700 CSN. 111–0, with S/N listed in Table 1 of CFMI shop manual, CFMI–TP.SM.5. (e) Reidentify CFM56–2B LPTR conical CFM56–3/–3B/–3C SB No. 72–695, dated (k) An alternative method of compliance or supports, P/N 305–056–106–0, 305–056– November 25, 1993, in accordance with the adjustment of the compliance time that 109–0, 305–056–110–0, and 305–056–111–0, Accomplishment Instructions of CFMI with S/N listed in Table 1 of CFMI CFM56– CFM56–3/–3B/–3C SB No. 72–695, dated provides an acceptable level of safety may be 2B SB No. 72–476, dated December 7, 1993, November 25, 1993, as follows: used if approved by the Manager, Engine in accordance with the Accomplishment (1) For CFM56–3/–3B/–3C series engines Certification Office. The request should be Instructions of CFMI CFM56–2B SB No. 72– operating at the Category A thrust rating, at forwarded through an appropriate FAA 476, dated December 7, 1993, at the next the next piece-part exposure after the Principal Maintenance Inspector, who may piece-part exposure after the effective date of effective date of this AD, but not to exceed add comments and then send it to the this AD, but not to exceed 8,700 CSN. a total Category A thrust rating life of 12,100 Manager, Engine Certification Office. (f) Reidentify CFM56–3/–3B/–3C LPTR CSN. stub shafts, P/N 301–330–618–0, 301–330– (2) For CFM56–3B/–3C series engines Note: Information concerning the existence 619–0, 301–330–623–0, and 301–330–624–0, operating at the Category B thrust rating, at of approved alternative methods of with S/N listed in Table 2 of CFMI CFM56– the next piece-part exposure after the compliance with this airworthiness directive, 3/–3B/–3C SB No. 72–695, dated November effective date of this AD, but not to exceed if any, may be obtained from the Engine 25, 1993, in accordance with the a total Category B thrust rating life of 9,300 Certification Office. Accomplishment Instructions of CFMI CSN. (l) Special flight permits may be issued in CFM56–3/–3B/–3C SB No. 72–695, dated (3) For CFM56–3C series engines operating accordance with sections 21.197 and 21.199 November 25, 1993, as follows: at the Category C thrust rating, at the next (1) For CFM56–3/–3B/–3C series engines piece-part exposure after the effective date of of the Federal Aviation Regulations (14 CFR operating at the Category A thrust rating, at this AD, but not to exceed a total Category 21.197 and 21.199) to operate the aircraft to the next piece-part exposure after the C thrust rating life of 5,700 CSN. a location where the requirements of this AD effective date of this AD, but not to exceed (h) Remove from service CFM56–5 LPTR can be accomplished. a total Category A thrust rating life of 20,000 conical support, P/N 336–000–305–0, prior to (m) The actions required by this AD shall CSN. accumulating 11,300 CSN. be done in accordance with the following (2) For CFM56–3B/–3C series engines (i) This action establishes new LCF CFMI SB’s: operating at the Category B thrust rating, at retirement lives for parts reidentified in

Document No. Pages Revision Date

CFM56±2 SB No. 72±728 ...... 1 2 ...... Dec. 21, 1994. 2±7 Original ...... Nov. 25, 1993. 8 2 ...... Dec. 21, 1994. 9 Original ...... Nov. 25, 1993. Total Pages: 9. CFM56±2A SB No. 72±338 ...... 1±8 Original ...... Nov. 25, 1993. Total Pages: 8. CFM56±2B SB No. 72±476 ...... 1±9 Original ...... Dec. 7, 1993. Total Pages: 9. CFM56±3/±3B/±3C SB No. 72±695 ...... 1±9 Original ...... Nov. 25, 1993. Total Pages: 9.

This incorporation by reference was Issued in Burlington, Massachusetts, on 14 CFR Part 39 approved by the Director of the Federal September 19, 1996. Register in accordance with 5 U.S.C. 552(a) [Docket No. 96±NM±198±AD; Amendment James C. Jones, 39±9775; AD 96±20±09] and 1 CFR part 51. Copies may be obtained Acting Manager, Engine and Propeller from CFM International, Technical Directorate, Aircraft Certification Service. RIN 2120±AA64 Publications Department, One Neumann [FR Doc. 96–25167 Filed 10–9–96; 8:45 am] Way, Cincinnati, OH 45215; telephone (513) Airworthiness Directives; Jetstream 552–2981, fax (513) 552–2816. Copies may be BILLING CODE 4910±13±U Model HS 748 Series Airplanes inspected at the FAA, New England Region, AGENCY: Federal Aviation Office of the Assistant Chief Counsel, 12 New Administration, DOT. England Executive Park, Burlington, MA; or at the Office of the Federal Register, 800 ACTION: Final rule; request for North Capitol Street NW., suite 700, comments. Washington, DC. SUMMARY: This amendment adopts a (n) This amendment becomes effective on new airworthiness directive (AD), December 9, 1996. applicable to all Jetstream Model HS 748 series airplanes. This action requires a one-time inspection to ensure Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53041 proper operation, positioning, and at these locations. These conditions, if inspections and follow-on actions on a lubrication of the aileron, rudder, and not corrected, could result in the repetitive basis. elevator cable tensioners; gust lock inability to achieve full deflection of the Cost Impact levers; and cable pressure seals. It also associated flight control surfaces, and requires a revision to the maintenance consequently could lead to reduced None of the Model HS 748 series program to include these inspections on controllability of the airplane. airplanes affected by this action are on a repetitive basis. This amendment is the U.S. Register. All airplanes included Explanation of Relevant Service prompted by reports of seizure and in the applicability of this rule currently Information consequent jamming of the flight control are operated by non-U.S. operators cable tension regulators and gust lock Jetstream has issued Service Bulletin under foreign registry; therefore, they mechanisms. The actions specified in HS 748–27–126, dated February 29, are not directly affected by this AD this AD are intended to prevent the 1996, which describes procedures for action. However, the FAA considers that flight control cable tension regulators inspecting the aileron, rudder, and this rule is necessary to ensure that the from jamming, which could result in the elevator cable tensioners and the gust unsafe condition is addressed in the inability to achieve full deflection of the lock levers to ensure that they operate event that any of these subject airplanes associated flight control surfaces, and properly. It also describes procedures are imported and placed on the U.S. lead to reduced controllability of the for inspecting the cable pressure seals Register in the future. airplane. for correct positioning and Should an affected airplane be DATES: Effective October 25, 1996. contamination, and correction of any imported and placed on the U.S. The incorporation by reference of discrepancy found. The CAA classified Register in the future, it would require certain publications listed in the this service bulletin as mandatory and approximately 4 work hours to regulations is approved by the Director issued British Airworthiness Directive accomplish the required actions, at an of the Federal Register as of October 25, 005–02–96 in order to assure the average labor charge of $60 per work 1996. continued airworthiness of these hour. Based on these figures, the cost Comments for inclusion in the Rules airplanes in the United Kingdom. impact of this AD would be $240 per airplane. Docket must be received on or before FAA’s Conclusions December 9, 1996. This airplane model is manufactured Determination of Rule’s Effective Date ADDRESSES: Submit comments in in the United Kingdom and is type Since this AD action does not affect triplicate to the Federal Aviation certificated for operation in the United any airplane that is currently on the Administration (FAA), Transport States under the provisions of section U.S. register, it has no adverse economic Airplane Directorate, ANM–103, 21.29 of the Federal Aviation impact and imposes no additional Attention: Rules Docket No. 96–NM– Regulations (14 CFR 21.19) and the burden on any person. Therefore, prior 198–AD, 1601 Lind Avenue, SW., applicable bilateral airworthiness notice and public procedures hereon are Renton, Washington 98055–4056. agreement. Pursuant to this bilateral unnecessary and the amendment may be The service information referenced in airworthiness agreement, the CAA has made effective in less than 30 days after this AD may be obtained from Jetstream kept the FAA informed of the situation publication in the Federal Register. Aircraft, Inc., P.O. Box 16029, Dulles described above. The FAA has International Airport, Washington, DC Comments Invited examined the findings of the CAA, 20041–6029. This information may be reviewed all available information, and Although this action is in the form of examined at the FAA, Transport determined that AD action is necessary a final rule and was not preceded by Airplane Directorate, 1601 Lind for products of this type design that are notice and opportunity for public Avenue, SW., Renton, Washington; or at certificated for operation in the United comment, comments are invited on this the Office of the Federal Register, 800 States. rule. Interested persons are invited to North Capitol Street, NW., suite 700, comment on this rule by submitting Washington, DC. Explanation of Requirements of the such written data, views, or arguments FOR FURTHER INFORMATION CONTACT: Rule as they may desire. Communications William Schroeder, Aerospace Engineer, Since an unsafe condition has been shall identify the Rules Docket number Standardization Branch, ANM–113, identified that is likely to exist or and be submitted in triplicate to the FAA, Transport Airplane Directorate, develop on other airplanes of the same address specified under the caption 1601 Lind Avenue, SW., Renton, type design registered in the United ADDRESSES. All communications Washington 98055–4056; telephone States, this AD is being issued to received on or before the closing date (206) 227–2141; fax (206) 227–1149. prevent jamming of the flight control for comments will be considered, and SUPPLEMENTARY INFORMATION: The Civil cables and consequent reduced this rule may be amended in light of the Aviation Authority (CAA), which is the controllability of the airplane. This AD comments received. Factual information airworthiness authority for the United requires, initially, a one-time inspection that supports the commenter’s ideas and Kingdom, recently notified the FAA that of the aileron, rudder, and elevator cable suggestions is extremely helpful in an unsafe condition may exist on all tensioners and gust lock levers to ensure evaluating the effectiveness of the AD Jetstream HS 748 series airplanes. The that they operate properly. It also action and determining whether CAA advises that there have been requires a one-time inspection of the additional rulemaking action would be reports indicating that it is possible for cable pressure seals for correct needed. the aileron, rudder, and elevator cable positioning and contamination, and Comments are specifically invited on tension regulators and gust locks to jam, correction of any discrepancy. These the overall regulatory, economic, leaving the associated primary control actions are required to be accomplished environmental, and energy aspects of cable in a slack (untensioned) condition. in accordance with the service bulletin the rule that might suggest a need to Additionally, the CAA advises that the described previously. modify the rule. All comments rear bulkhead and wing pressure seals Additionally, this AD requires that submitted will be available, both before could become displaced if grease has the FAA-approved maintenance and after the closing date for comments, been applied to the flight control cables program be revised to include these in the Rules Docket for examination by 53042 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations interested persons. A report that § 39.13 [Amended] Note 2: Information concerning the summarizes each FAA-public contact 2. Section 39.13 is amended by existence of approved alternative methods of concerned with the substance of this AD adding the following new airworthiness compliance with this AD, if any, may be directive: obtained from the Standardization Branch, will be filed in the Rules Docket. ANM–113. Commenters wishing the FAA to 96–20–09 Jetstream Aircraft Limited (d) Special flight permits may be issued in acknowledge receipt of their comments (Formerly British Aerospace Commercial accordance with sections 21.197 and 21.199 submitted in response to this rule must Aircraft, Limited): Amendment 39–9775. of the Federal Aviation Regulations (14 CFR Docket 96–NM–198–AD. submit a self-addressed, stamped 21.197 and 21.199) to operate the airplane to Applicability: All Model HS 748 series a location where the requirements of this AD postcard on which the following airplanes, certificated in any category. can be accomplished. statement is made: ‘‘Comments to Note 1: This AD applies to each airplane (e) The inspection and correction of Docket Number 96–NM–198–AD.’’ The identified in the preceding applicability discrepancies shall be done in accordance postcard will be date stamped and provision, regardless of whether it has been with Jetstream Service Bulletin HS 748–27– returned to the commenter. modified, altered, or repaired in the area 126, dated February 29, 1996. This subject to the requirements of this AD. For incorporation by reference was approved by Regulatory Impact airplanes that have been modified, altered, or the Director of the Federal Register in repaired so that the performance of the accordance with 5 U.S.C. 552(a) and 1 CFR The regulations adopted herein will requirements of this AD is affected, the part 51. Copies may be obtained from not have substantial direct effects on the owner/operator must request approval for an Jetstream Aircraft, Inc., P.O. Box 16029, States, on the relationship between the alternative method of compliance in Dulles International Airport, Washington, DC national government and the States, or accordance with paragraph (c ) of this AD. 20041–6029. Copies may be inspected at the on the distribution of power and The request should include an assessment of FAA, Transport Airplane Directorate, 1601 the effect of the modification, alteration, or Lind Avenue, SW., Renton, Washington; or at responsibilities among the various repair on the unsafe condition addressed by the Office of the Federal Register, 800 North levels of government. Therefore, in this AD; and, if the unsafe condition has not Capitol Street, NW., suite 700, Washington, accordance with Executive Order 12612, been eliminated, the request should include DC. it is determined that this final rule does specific proposed actions to address it. (f) This amendment becomes effective on not have sufficient federalism Compliance: Required as indicated, unless October 25, 1996. implications to warrant the preparation accomplished previously. Issued in Renton, Washington, on of a Federalism Assessment. To prevent the flight control cable tension September 24, 1996. regulators from jamming, which could result Darrell M. Pederson, For the reasons discussed above, I in the inability to achieve full deflection of Acting Manager, Transport Airplane the associated flight control surfaces, and certify that this action (1) is not a Directorate, Aircraft Certification Service. ‘‘significant regulatory action’’ under lead to reduced controllability of the [FR Doc. 96–25037 Filed 10–9–96; 8:45 am] Executive Order 12866; (2) is not a airplane, accomplish the following: (a) Within 600 hours time-in-service or 6 BILLING CODE 4910±13±U ‘‘significant rule’’ under DOT months after the effective date of this AD, Regulatory Policies and Procedures (44 whichever occurs first, perform an inspection FR 11034, February 26, 1979); and (3) to ensure proper operation, positioning, and 14 CFR Part 39 will not have a significant economic lubrication of the aileron, rudder, and impact, positive or negative, on a elevator cable tensioners; gust lock levers; [Docket No. 96±NM±91±AD; Amendment 39±9777; AD 96±21±01] substantial number of small entities and cable pressure seals, in accordance with paragraphs A. and B. (1) through (27) of the RIN 2120±AA64 under the criteria of the Regulatory Accomplishment Instructions of Jetstream Flexibility Act. A final evaluation has Service Bulletin HS 748–27–126, dated Airworthiness Directives; McDonnell been prepared for this action and it is February 29, 1996. If any discrepancy is Douglas Model DC±9±10, ±20, ±30, ±40, contained in the Rules Docket. A copy detected, prior to further flight, correct it in and ±50 Series Airplanes and C±9 of it may be obtained from the Rules accordance with the service bulletin. (Military) Airplanes Docket at the location provided under (b) Within 30 days after the effective date of this AD, revise the FAA-approved ADDRESSES AGENCY: Federal Aviation the caption . maintenance program to include a schedule Administration, DOT. List of Subjects in 14 CFR Part 39 of repetitive inspections to ensure proper operation, positioning, and lubrication of the ACTION: Final rule. aileron, rudder, and elevator cable Air transportation, Aircraft, Aviation SUMMARY: This amendment adopts a safety, Incorporation by reference, tensioners; gust lock levers; and cable pressure seals; in accordance with Jetstream new airworthiness directive (AD), Safety. Service Bulletin HS 748 –27–126, dated applicable to certain McDonnell Adoption of the Amendment February 29, 1996. The inspections are to be Douglas Model DC–9 series airplanes, repeated every 12 months after the that requires either replacement or Accordingly, pursuant to the accomplishment of the inspection required modification of the hydraulic damper authority delegated to me by the by paragraph (a) of this AD. If any assembly. This amendment is prompted discrepancy is detected, it must be corrected Administrator, the Federal Aviation in accordance with the service bulletin prior by reports indicating that insufficient Administration amends part 39 of the to further flight. damping of the hydraulic shimmy Federal Aviation Regulations (14 CFR (c) An alternative method of compliance or damper in the main landing gear (MLG) part 39) as follows: adjustment of the compliance time that can allow high torsional vibration to provides an acceptable level of safety may be occur. The actions specified by this AD PART 39ÐAIRWORTHINESS used if approved by the Manager, are intended to prevent such vibration, DIRECTIVES Standardization Branch, ANM–113, FAA, which can damage the MLG assembly Transport Airplane Directorate. Operators and lead to its collapse. shall submit their requests through an 1. The authority citation for part 39 appropriate FAA Principal Maintenance DATES: Effective November 14, 1996. continues to read as follows: Inspector, who may add comments and then The incorporation by reference of Authority: 49 U.S.C. 106(g), 40113, 44701. send it to the Manager, Standardization certain publications listed in the Branch, ANM–13. regulations is approved by the Director Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53043 of the Federal Register as of November From these comments submitted, the the requirements of this AD action, and 14, 1996. FAA infers that the commenter requests that no operator would accomplish ADDRESSES: The service information that the proposed rule be withdrawn; in those actions in the future if this AD referenced in this AD may be obtained which case, the FAA does not concur. were not adopted. The commenter is incorrect in stating from McDonnell Douglas Corporation, Regulatory Impact 3855 Lakewood Boulevard, Long Beach, that the problems associated with California 90846, Attention: Technical torsional vibration have occurred only The regulations adopted herein will Publications Business Administration, on Model DC–9–80 series airplanes. not have substantial direct effects on the Department C1–L51 (2–60). This Such incidents and consequent damage States, on the relationship between the information may be examined at the have occurred on several Model DC–9 national government and the States, or Federal Aviation Administration (FAA), series airplanes as well. As detailed in on the distribution of power and Transport Airplane Directorate, Rules the preamble to the notice, the MLG responsibilities among the various Docket, 1601 Lind Avenue, SW., torque link broke on one airplane and, levels of government. Therefore, in Renton, Washington; or at the FAA, on another airplane, the nut was accordance with Executive Order 12612, Transport Airplane Directorate, Los stripped off of the torque link apex bolt; it is determined that this final rule does Angeles Aircraft Certification Office, both of these discrepancies were the not have sufficient federalism 3960 Paramount Boulevard, Lakewood, result of insufficient damping of the implications to warrant the preparation California; or at the Office of the Federal MLG hydraulic shimmy damper. This of a Federalism Assessment. Register, 800 North Capitol Street, NW., fact alone affirms the need for this AD For the reasons discussed above, I suite 700, Washington, DC. action. certify that this action (1) is not a As for mandating the modification, ‘‘significant regulatory action’’ under FOR FURTHER INFORMATION CONTACT: the FAA points out that this AD Executive Order 12866; (2) is not a Walter Eierman, Aerospace Engineer, provides operators with the option of ‘‘significant rule’’ under DOT Systems and Equipment Branch, ANM– either modifying the damper assembly Regulatory Policies and Procedures (44 130L, FAA, Los Angeles Aircraft or replacing it with an improved FR 11034, February 26, 1979); and (3) Certification Office, 3960 Paramount assembly. The compliance time of 24 will not have a significant economic Boulevard, Lakewood, California 90712; months assures that operators will be impact, positive or negative, on a telephone (310) 627–5336; fax (310) able to schedule the accomplishment of substantial number of small entities 627–5210. either of these actions during a normal under the criteria of the Regulatory SUPPLEMENTARY INFORMATION: A maintenance interval. Flexibility Act. A final evaluation has proposal to amend part 39 of the Federal been prepared for this action and it is Aviation Regulations (14 CFR part 39) to Conclusion contained in the Rules Docket. A copy include an airworthiness directive (AD) After careful review of the available of it may be obtained from the Rules that is applicable to certain McDonnell data, including the comments noted Docket at the location provided under Douglas Model DC–9 series airplanes above, the FAA has determined that air the caption ADDRESSES. and C–9 (military) airplanes was safety and the public interest require the published in the Federal Register on adoption of the rule as proposed. List of Subjects in 14 CFR Part 39 July 10, 1996 (61 FR 36307). That action Air transportation, Aircraft, Aviation proposed to require either replacing or Cost Impact safety, Incorporation by reference, modifying the hydraulic damper There are approximately 878 Model Safety. assembly. DC–9 series airplanes and C–9 (military) Interested persons have been afforded airplanes of the affected design in the Adoption of the Amendment an opportunity to participate in the worldwide fleet. The FAA estimates that Accordingly, pursuant to the making of this amendment. Due 590 airplanes of U.S. registry will be authority delegated to me by the consideration has been given to the affected by this AD. Administrator, the Federal Aviation comments received. To accomplish the replacement will Administration amends part 39 of the take approximately 5.9 work hours per Federal Aviation Regulations (14 CFR Support for the Proposal airplane, at an average labor rate of $60 part 39) as follows: Four commenters support the per work hour. Required parts will cost proposal. approximately $11,139 per airplane PART 39ÐAIRWORTHINESS (two assemblies at $5,569 each). Based DIRECTIVES Request to Withdraw Proposal on these figures, the cost impact of the 1. The authority citation for part 39 One commenter contends that all replacement action on U.S. operators is continues to read as follows reports of torsional vibration that estimated to be $11,492 per airplane. resulted in torque link separations and/ To accomplish the required Authority: 49 U.S.C. 106(g), 40113, 44701. or breakage of the apex bolt occurred on modification will take approximately § 39.13 [Amended] Model DC–9–80 series airplanes. Given 10.9 work hours per airplane, at an 2. Section 39.13 is amended by the number of Model DC–9 series average labor rate of $60 per work hour. adding the following new airworthiness airplanes in service and the number of Required parts will cost approximately directive: landings logged on them without reports $2,907 per airplane. Based on these of torsional vibration caused by figures, the cost impact of the 96–21–01 McDonnell Douglas: Amendment insufficient damping, the commenter modification action on U.S. operators is 39–9777. Docket 96–NM–91–AD. considers the AD to be unwarranted. Applicability: Model DC–9–10, –20, –30, estimated to be $3,561 per airplane. –40, and –50 series airplanes, and C–9 Further, this commenter states that the Based on the figures discussed above, (military) airplanes; as listed in McDonnell modification should not be mandated; the cost impact of this AD on the U.S. Douglas Service Bulletin DC9–32–289, dated operators should be allowed to fleet is between $2,100,990 and March 7, 1996; certificated in any category. accomplish it at their own discretion $6,780,280. These cost impact figures Note 1: This AD applies to each airplane during a regularly scheduled are based on assumptions that no identified in the preceding applicability maintenance visit. operator has yet accomplished any of provision, regardless of whether it has been 53044 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations otherwise modified, altered, or repaired in Issued in Renton, Washington, on Aircraft Certification Office, Small the area subject to the requirements of this September 30, 1996. Airplane Directorate, Campus Building, AD. For airplanes that have been modified, James V. Devany, 1701 Columbia Avenue, suite 2–160, altered, or repaired so that the performance Acting Manager, Transport Airplane College Park, Georgia; or at the Office of of the requirements of this AD is affected, the Directorate, Aircraft Certification Service. the Federal Register, 800 North Capitol owner/operator must request approval for an [FR Doc. 96–25576 Filed 10–9–96; 8:45 am] Street, NW., suite 700, Washington, DC. alternative method of compliance in BILLING CODE 4910±13±U FOR FURTHER INFORMATION CONTACT: accordance with paragraph (b) of this AD. Curtis Jackson, Aerospace Engineer, The request should include an assessment of Airframe Branch, ACE–117A, FAA, the effect of the modification, alteration, or 14 CFR Part 39 Atlanta Aircraft Certification Office, repair on the unsafe condition addressed by Small Airplane Directorate, Campus this AD; and, if the unsafe condition has not [Docket No. 96±NM±240±AD; Amendment 39±9776; AD 96±20±10] Building, 1701 Columbia Avenue, suite been eliminated, the request should include 2–160, College Park, Georgia 30337– specific proposed actions to address it. RIN 2120±AA64 2748; telephone (404) 305–7358; fax Compliance: Required as indicated, unless (404) 305–7348. accomplished previously. Airworthiness Directives; Lockheed To prevent high torsional vibration from Model L±1011±385 Series Airplanes SUPPLEMENTARY INFORMATION: The FAA occurring, which can damage the main received a report indicating that fatigue AGENCY: Federal Aviation cracking was found of the canted landing gear (MLG) assembly and lead to its Administration, DOT. collapse, accomplish the following: pressure bulkhead at fuselage station ACTION: Final rule; request for (a) Within 24 months after the effective (FS) 1212 on a Lockheed Model L– comments. date of this AD, either replace or modify the 1011–385 series airplane that had accumulated 31,749 total landings. MLG hydraulic damper assembly, in SUMMARY: This amendment adopts a Three vertical cracks, each accordance with the procedures specified as new airworthiness directive (AD) that is either ‘‘Option 1’’ or ‘‘Option 2,’’ approximately 11 inches long, were applicable to certain Lockheed Model found in the areas of left buttock line respectively, in McDonnell Douglas Service L–1011–385 series airplanes. This Bulletin DC9–32–289, dated March 7, 1996. (LBL) 30.0, LBL 10.0, and right buttock action requires inspections to detect line (RBL) 22.5 along the fastener rows (b) An alternative method of compliance or cracking of the canted pressure adjustment of the compliance time that of the vertical stiffener-to-web. bulkhead at fuselage station (FS) 1212, Subsequently, another operator found provides an acceptable level of safety may be and inspections to detect cracking of the used if approved by the Manager, Los similar fatigue cracking on two other web at the fastener rows of the vertical airplanes. Such fatigue cracking, if not Angeles Aircraft Certification Office (ACO), stiffener-to-web; and repair or FAA, Transport Airplane Directorate. detected and corrected in a timely replacement of the web with a new web, Operators shall submit their requests through manner, could result in blowout of a if necessary. This amendment is an appropriate FAA Principal Maintenance panel between adjacent stiffeners and prompted by a report of fatigue cracking Inspector, who may add comments and then consequent cabin depressurization. of the canted pressure bulkhead at FS send it to the Manager, Los Angeles ACO. 1212. The actions specified in this AD Explanation of Relevant Service Note 2: Information concerning the are intended to detect and correct such Information existence of approved alternative methods of fatigue cracking, which could result in The FAA has reviewed and approved compliance with this AD, if any, may be blowout of a panel between adjacent obtained from the Los Angeles ACO. Lockheed L–1011 Service Bulletin 093– stiffeners and consequent cabin 53–277, dated July 2, 1996, which (c) Special flight permits may be issued in depressurization. accordance with sections 21.197 and 21.199 describes procedures for repetitive close DATES: Effective October 25, 1996. of the Federal Aviation Regulations (14 CFR visual inspections to detect cracking of The incorporation by reference of the entire aft surface of the canted 21.197 and 21.199) to operate the airplane to certain publications listed in the a location where the requirements of this AD pressure bulkhead at FS 1212 between regulations is approved by the Director can be accomplished. LBL 103 and RBL 103, and repetitive of the Federal Register as of October 25, (d) The actions shall be done in accordance optical inspections to detect cracking of 1996. with McDonnell Douglas Service Bulletin the web at the fastener rows of the Comments for inclusion in the Rules DC9–32–289, dated March 7, 1996. This vertical stiffener-to-web; and repair or Docket must be received on or before incorporation by reference was approved by replacement of the web with a new web, the Director of the Federal Register in December 9, 1996. if necessary. accordance with 5 U.S.C. 552(a) and 1 CFR ADDRESSES: Submit comments in triplicate to the Federal Aviation Explanation of the Requirements of the part 51. Copies may be obtained from Rule McDonnell Douglas Corporation, 3855 Administration (FAA), Transport Lakewood Boulevard, Long Beach, California Airplane Directorate, ANM–103, Since an unsafe condition has been 90846, Attention: Technical Publications Attention: Rules Docket No. 96–NM– identified that is likely to exist or Business Administration, Department C1– 240–AD, 1601 Lind Avenue, SW., develop on other Lockheed Model L– L51 (2–60). Copies may be inspected at the Renton, Washington 98055–4056. 1011–385 series airplanes of the same FAA, Transport Airplane Directorate, 1601 The service information referenced in type design, this AD is being issued to Lind Avenue, SW., Renton, Washington; or at this AD may be obtained from Lockheed detect and correct fatigue cracking of the the FAA, Transport Airplane Directorate, Los Aeronautical Systems Support Company canted pressure bulkhead at FS 1212, Angeles Aircraft Certification Office, 3960 (LASSC), Field Support Department, which could result in blowout of a Paramount Boulevard, Lakewood, California; Dept. 693, Zone 0755, 2251 Lake Park panel between adjacent stiffeners and or at the Office of the Federal Register, 800 Drive, Smyrna, Georgia. This consequent cabin depressurization. This North Capitol Street, NW., suite 700, information may be examined at the AD requires repetitive close visual Washington, DC. FAA, Transport Airplane Directorate, inspections to detect cracking of the (e) This amendment becomes effective on 1601 Lind Avenue, SW., Renton, entire aft surface of the canted pressure November 11, 1996. Washington; or at the FAA, Atlanta bulkhead at FS 1212 between LBL 103 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53045 and RBL 103, and repetitive optical Docket Number 96–NM–240–AD.’’ The provision, regardless of whether it has been inspections to detect cracking of the postcard will be date stamped and modified, altered, or repaired in the area web at the fastener rows of the vertical returned to the commenter. subject to the requirements of this AD. For stiffener-to-web; and repair or airplanes that have been modified, altered, or Regulatory Impact replacement of the web with a new web, repaired so that the performance of the The regulations adopted herein will requirements of this AD is affected, the if necessary. The inspections, certain owner/operator must request approval for an repairs, and replacement are required to not have substantial direct effects on the alternative method of compliance in be accomplished in accordance with the States, on the relationship between the accordance with paragraph (c) of this AD. service bulletin described previously. national government and the States, or The request should include an assessment of Other repairs are required to be on the distribution of power and the effect of the modification, alteration, or accomplished in accordance with a responsibilities among the various repair on the unsafe condition addressed by method approved by the FAA. levels of government.Therefore, in this AD; and, if the unsafe condition has not This is considered to be interim accordance with Executive Order 12612, been eliminated, the request should include action until final action is identified, at it is determined that this final rule does specific proposed actions to address it. which time the FAA may consider not have sufficient federalism Compliance: Required as indicated, unless further rulemaking. implications to warrant the preparation accomplished previously. To detect and correct fatigue cracking of Determination of Rule’s Effective Date of a Federalism Assessment. The FAA has determined that this the canted pressure bulkhead at fuselage Since a situation exists that requires regulation is an emergency regulation station (FS) 1212, which could result in the immediate adoption of this blowout of a panel between adjacent that must be issued immediately to stiffeners and consequent cabin regulation, it is found that notice and correct an unsafe condition in aircraft, opportunity for prior public comment depressurization, accomplish the following: and that it is not a ‘‘significant (a) Prior to the accumulation of 20,000 total hereon are impracticable, and that good regulatory action’’ under Executive landings, or within 60 days after the effective cause exists for making this amendment Order 12866. It has been determined date of this AD, whichever occurs later: effective in less than 30 days. further that this action involves an Perform a close visual inspection to detect Comments Invited emergency regulation under DOT cracking of the entire aft surface of the canted Regulatory Policies and Procedures (44 pressure bulkhead at FS 1212 between left Although this action is in the form of FR 11034, February 26, 1979). If it is buttock line (LBL) 103 and right buttock line a final rule that involves requirements determined that this emergency (RBL) 103; and perform an optical inspection affecting flight safety and, thus, was not using a borescope or other optical device to regulation otherwise would be preceded by notice and an opportunity detect cracking of the web at the fastener significant under DOT Regulatory for public comment, comments are rows of the vertical stiffener-to-web; in Policies and Procedures, a final invited on this rule. Interested persons accordance with Lockheed L–1011 Service regulatory evaluation will be prepared are invited to comment on this rule by Bulletin 093–53–277, dated July 2, 1996. and placed in the Rules Docket.A copy Thereafter, repeat these inspections at submitting such written data, views, or of it, if filed, may be obtained from the intervals not to exceed 1,000 landings. arguments as they may Rules Docket at the location provided (b) If any cracking is found during any desire.Communications shall identify under the caption ADDRESSES. inspection required by paragraph (a) of this the Rules Docket number and be AD, prior to further flight, accomplish either submitted in triplicate to the address List of Subjects in 14 CFR Part 39 paragraph (b)(1) or (b)(2) of this AD. (1) Accomplish either paragraph (b)(1)(i) or specified under the caption ADDRESSES. Air transportation, Aircraft, Aviation All communications received on or (b)(1)(ii) of this AD, as applicable. safety, Incorporation by reference, (i) If the cracking is found in an area that before the closing date for comments Safety. will be considered, and this rule may be is specified in Lockheed Repair Drawing Adoption of the Amendment LCC–7622–385, repair in accordance with the amended in light of the comments service bulletin. Accomplishment of a repair received. Factual information that Accordingly, pursuant to the constitutes terminating action for the supports the commenter’s ideas and authority delegated to me by the repetitive inspections required by paragraph suggestions is extremely helpful in Administrator, the Federal Aviation (a) of this AD at the repaired location. Or evaluating the effectiveness of the AD Administration amends part 39 of the (ii) If the cracking is found in an area that action and determining whether Federal Aviation Regulations (14 CFR is not specified in Lockheed Repair Drawing LCC–7622–385, repair in accordance with a additional rulemaking action would be part 39) as follows: needed. method approved by the Manager, Atlanta Comments are specifically invited on Aircraft Certification Office (ACO), FAA, PART 39ÐAIRWORTHINESS Small Airplane Directorate. the overall regulatory, economic, DIRECTIVES (2) Replace the entire web with a new web environmental, and energy aspects of 1. The authority citation for part 39 in accordance with the service bulletin. Such the rule that might suggest a need to replacement constitutes terminating action modify the rule. All comments continues to read as follows: for the repetitive inspections required by submitted will be available, both before Authority: 49 U.S.C. 106(g), 40113, 44701. paragraph (a) of this AD. and after the closing date for comments, (c) An alternative method of compliance or in the Rules Docket for examination by § 39.13 [Amended] adjustment of the compliance time that interested persons. A report that 2. Section 39.13 is amended by provides an acceptable level of safety may be summarizes each FAA-public contact adding the following new airworthiness used if approved by the Manager, Atlanta directive: ACO. Operators shall submit their requests concerned with the substance of this AD through an appropriate FAA Principal will be filed in the Rules Docket. 96–20–10 Lockheed: Amendment 39–9776. Maintenance Inspector, who may add Commenters wishing the FAA to Docket 96–NM–240–AD. comments and then send it to the Manager, acknowledge receipt of their comments Applicability: Model L–1011–385 series Atlanta ACO. submitted in response to this rule must airplanes; serial numbers 1013 through 1250 Note 2: Information concerning the submit a self-addressed, stamped inclusive; certificated in any category. existence of approved alternative methods of postcard on which the following Note 1: This AD applies to each airplane compliance with this AD, if any, may be statement is made: ‘‘Comments to identified in the preceding applicability obtained from the Atlanta ACO. 53046 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

(d) Special flight permits may be issued in specified by this AD are intended to accordance with the type design. As a accordance with sections 21.197 and 21.199 prevent loosening of the bolts securing result, gears have been found to have an of the Federal Aviation Regulations (14 CFR the gear to the gear carrier, which could improper surface finish. This condition, 21.197 and 21.199) to operate the airplane to lead to fatigue failure of the gear carrier a location where the requirements of this AD if not corrected, could result in can be accomplished. within the gearbox, and subsequent loss loosening of the bolts securing the gear (e) The actions shall be done in accordance of power to the main rotor which could to the gear carrier, which could lead to with Lockheed Service Bulletin 093–53–277, lead to a forced landing. fatigue failure of the gear carrier within dated July 2, 1996. This incorporation by DATES: Effective October 25, 1996, to all the gearbox, and subsequent loss of reference was approved by the Director of the persons except those persons to whom power to the main rotor which could Federal Register in accordance with 5 U.S.C. it was made immediately effective by lead to a forced landing. 552(a) and 1 CFR part 51. Copies may be priority letter AD 96–18–22, issued on obtained from Lockheed Aeronautical Since the unsafe condition described Systems Support Company (LASSC), Field August 29, 1996, which contained the is likely to exist or develop on other Support Department, Dept. 693, Zone 0755, requirements of this amendment. Robinson Model R44 helicopters of the Comments for inclusion in the Rules 2251 Lake Park Drive, Smyrna, Georgia. same type design, the FAA issued Docket must be received on or before Copies may be inspected at the FAA, priority letter AD 96–18–22 to prevent December 9, 1996. Transport Airplane Directorate, 1601 Lind fatigue failure of the gear carrier within Avenue, SW., Renton, Washington; or at the ADDRESSES: Submit comments in the gearbox, and subsequent loss of FAA, Atlanta Aircraft Certification Office, triplicate to the Federal Aviation power to the main rotor which could Small Airplane Directorate, Campus Administration (FAA), Office of the lead to a forced landing. The AD Building, 1701 Columbia Avenue, suite 2– Assistant Chief Counsel, Attention: requires, before further flight, an 160, College Park, Georgia; or at the Office of Rules Docket No. 96–SW–25–AD, 2601 the Federal Register, 800 North Capitol inspection of the gearbox components Meacham Blvd., Room 663, Fort Worth, Street, NW., suite 700, Washington, DC. for pitting, elongated holes, or Texas 76137. (f) This amendment becomes effective on machining grooves (which appear October 25, 1996. The referenced service information may be obtained from Robinson similar to grooves on a phonograph Issued in Renton, Washington, on record) that can be felt with a fingernail, September 26, 1996. Helicopter Company, 2901 Airport Drive, Torrance, California 90506. and replacement of the gearbox with an James V. Devany, airworthy gearbox if pits greater than Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: Ms. Elizabeth Bumann, Aerospace Engineer, 0.001-inch deep, elongated holes, or Directorate, Aircraft Certification Service. machining grooves are discovered on a [FR Doc. 96–25305 Filed 10–9–96; 8:45 am] FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Blvd., mating surface; and replacement of the BILLING CODE 4910±13±U Lakewood, California 90712; telephone 18 bolts and washers that attach the gear (310) 627–5265, fax (310) 627–5210. to the gear carrier with NAS6606–5 bolts and spacers, P/N C130–29. 14 CFR Part 39 SUPPLEMENTARY INFORMATION: On August 29, 1996, the FAA issued priority letter Since it was found that immediate [Docket No. 96±SW±25±AD; Amendment AD 96–18–22, applicable to Robinson corrective action was required, notice 39±9779; AD 96±18±22] Model R44 helicopters, which requires and opportunity for prior public RIN 2120±AA64 an inspection of the mating surfaces of comment thereon were impracticable the gearbox components for pitting, and contrary to the public interest, and Airworthiness Directives; Robinson elongated bolt holes, or machining good cause existed to make the AD Helicopter Company Model R44 grooves, and replacement of the gearbox effective immediately by individual Helicopters if elongated bolt holes, machining letters issued on August 29, 1996 to all known U.S. owners and operators of AGENCY: Federal Aviation grooves, or an improper amount of Administration, DOT. pitting is discovered; and replacement Robinson Model R44 helicopters. These of the 18 bolts and washers that attach conditions still exist, and the AD is ACTION: Final rule; request for hereby published in the Federal comments. the gear to the gear carrier. That action was prompted by inflight failure of the Register as an amendment to section SUMMARY: This document publishes in gearbox on a French-registered Model 39.13 of the Federal Aviation the Federal Register an amendment R44 helicopter that resulted in an Regulations (14 CFR 39.13) to make it adopting Airworthiness Directive (AD) accident. An inspection of the gearbox effective to all persons. 96–18–22 which was sent previously to revealed that the 18 bolts securing the Comments Invited all known U.S. owners and operators of gear, part number (P/N) C146–3, to the Robinson Helicopter Company gear carrier, P/N C268–2, had lost Although this action is in the form of (Robinson) Model R44 helicopters by clamping torque due to the differences a final rule that involves requirements individual letters. This AD requires an in the mating surface finish of these affecting flight safety and, thus, was not inspection of the mating surfaces of the components. As the rough surface of the preceded by notice and an opportunity main rotor gearbox (gearbox) gear seated into the smoother surface of for public comment, comments are components for pitting, elongated bolt the gear carrier, the bolts lost clamping invited on this rule. Interested persons holes, or machining grooves, and torque, resulting in fretting and failure are invited to comment on this rule by replacement of the gearbox if elongated of the gear carrier. Inspections of two submitting such written data, views, or bolt holes, machining grooves, or an other gearboxes that were returned to arguments as they may desire. improper amount of pitting is the manufacturer for overhaul and Communications should identify the discovered; and replacement of the 18 maintenance revealed that the bolts Rules Docket number and be submitted bolts and washers that attach the gear to securing the gear to the gear carrier had in triplicate to the address specified the gear carrier assembly (gear carrier). also lost clamping torque. Prior to under the caption ADDRESSES. All This amendment is prompted by an October 31, 1995, Robinson did not communications received on or before inflight failure of the gearbox on a have a requirement in their receiving the closing date for comments will be French-registered Model R44 helicopter inspections to verify that the surface considered, and this rule may be that resulted in an accident. The actions finish of the gear was completed in amended in light of the comments Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53047 received. Factual information that Administration amends part 39 of the teeter hinge bolt hole in the main rotor shaft supports the commenter’s ideas and Federal Aviation Regulations (14 CFR may be used to react torque; clamp the bolt suggestions is extremely helpful in part 39) as follows: in a vice or fasten to a work bench. Do not evaluating the effectiveness of the AD clamp the main rotor shaft. Retain the spanner nuts and discard the lockwashers. action and determining whether PART 39ÐAIRWORTHINESS DIRECTIVES (e) Remove the gear carrier from the main additional rulemaking action would be rotor shaft. Mark the gear and gear carrier for needed. 1. The authority citation for part 39 alignment during reassembly. Remove the 18 Comments are specifically invited on continues to read as follows: NAS6606–3 bolts attaching the gear to the the overall regulatory, economic, gear carrier and remove the gear. Discard the environmental, and energy aspects of Authority: 49 U.S.C. 106(g), 40113, 44701. bolts, washers, and nuts. (f) Clean the main rotor shaft splines, the rule that might suggest a need to § 39.13 [Amended] modify the rule. All comments shoulder, and threads with methyl-ethyl 2. Section 39.13 is amended by submitted will be available, both before ketone or a comparable solvent that leaves no adding a new airworthiness directive to residue upon evaporation. Clean the gear and and after the closing date for comments, read as follows: gear carrier with the solvent. in the Rules Docket for examination by (g) Using a Scotch-Brite pad or 320 grit (or AD 96–18–22 Robinson Helicopter interested persons. A report that finer) sandpaper and a flat block, remove any Company: Amendment 39–9779. Docket summarizes each FAA-public contact fretting or stains from the mating surfaces of No. 96–SW–25–AD. concerned with the substance of this AD both the gear and the gear carrier. Visually will be filed in the Rules Docket. Applicability: Model R44 helicopters, with inspect the mating surfaces around all 18 Commenters wishing the FAA to main rotor gearbox (gearbox), part number (P/ holes for signs of pitting, elongated holes, or N) C006–1, Revisions A through P, installed, machining grooves (which appear similar to acknowledge receipt of their comments certificated in any category. submitted in response to this rule must grooves on a phonograph record) that can be Note 1: This AD applies to each helicopter submit a self-addressed, stamped felt with a fingernail. If pits greater than identified in the preceding applicability 0.001-inch deep, elongated holes, or postcard on which the following provision, regardless of whether it has been machining grooves are discovered on a statement is made: ‘‘Comments to modified, altered, or repaired in the area mating surface, replace the gearbox with an Docket No. 96–SW25–AD.’’ The subject to the requirements of this AD. For airworthy gearbox. postcard will be date stamped and helicopters that have been modified, altered, (h) Align the gear to the gear carrier and returned to the commenter. or repaired so that the performance of the install NAS6606–5 bolts, spacers, P/N C130– The regulations adopted herein will requirements of this AD is affected, the 29, and MS21042L6 nuts in 18 places (Figure not have substantial direct effects on the owner/operator must use the authority 2). Keep the mating surfaces and hardware States, on the relationship between the provided in paragraph (v) to request approval dry, clean, and free of oil. Torque the nuts from the FAA. This approval may address national government and the States, or to 40 ft.-lb. (includes self-locking torque) either no action, if the current configuration using the torquing sequence shown on Figure on the distribution of power and eliminates the unsafe condition, or different 3. responsibilities among the various actions necessary to address the unsafe (i) Install the gear carrier on the main rotor levels of government. Therefore, in condition described in this AD. Such a shaft. Keep the main rotor shaft clamping accordance with Executive Order 12612, request should include an assessment of the shoulder and the gear carrier clean and dry it is determined that this final rule does effect of the changed configuration on the during reassembly. not have sufficient federalism unsafe condition addressed by this AD. In no (j) For gearboxes, P/N C006–1, Revision P, implications to warrant the preparation case does the presence of any modification, use the following torques for paragraphs (k) alteration, or repair remove any helicopter and (m): 560 ft.-lb. to seat the gear carrier; of a Federalism Assessment. from the applicability of this AD. The FAA has determined that this 420–480 ft.-lb. for the first nut; and, 280–320 regulation is an emergency regulation Compliance: Required before further flight, ft.-lb. for the second nut. unless accomplished previously. To prevent (k) Install an unused lockwasher, P/N that must be issued immediately to loosening of the bolts securing the gear to the C269–2. Apply anti-seize, P/N A257–9, or correct an unsafe condition in aircraft, gear carrier, which could lead to fatigue Loctite Anti-seize 767, to the main rotor shaft and that it is not a ‘‘significant failure of the gear carrier assembly (gear threads and to the chamfered-side face and regulatory action’’ under Executive carrier) within the gearbox, and subsequent threads of one spanner nut and install the nut Order 12866. It has been determined loss of power to the main rotor which could with the chamfered side against the further that this action involves an lead to a forced landing, accomplish the lockwasher. Verify the pins are aligned with emergency regulation under DOT following: the holes in the lockwasher. For Revision A Regulatory Policies and Procedures (44 (a) Drain the oil from the gearbox, part through O gearboxes: Torque the nut to 370 FR 11034, February 26, 1979). If it is number (P/N) C006–1, and remove the ft.-lb. to seat the gear carrier; loosen the nut gearbox from helicopter. and retorque to 280–320 ft.-lb., as required to determined that this emergency (b) Lay the gearbox on its side with input align the two lockwasher tabs with the nut. regulation otherwise would be yoke up. Loosen the eight cap screws Bend the two tabs into the nut and visually significant under DOT Regulatory attaching the mast tube to the gearbox, but do inspect the edges of the bent tabs for cracks. Policies and Procedures, a final not remove the screws. Remove the twelve (l) Before installing the unused lockwasher, regulatory evaluation will be prepared bolts and six cap screws holding the sump P/N C2691, note that the edges are sharp on and placed in the Rules Docket. A copy and baffle in place (Figure 1). Note the one side and rounded on the other. De-burr of it, if filed, may be obtained from the location of ground wires. the sharp edges on two opposite tabs (Figure Rules Docket at the location provided (c) Gently remove the sump, using care to 2). This will reduce the chance of cracking keep all shim stacks on their respective bolts. when these tabs are bent. Install the under the caption ADDRESSES. With the bolts still attached to the sump, lockwasher with the de-burred edges toward List of Subjects in 14 CFR Part 39 replace the nuts on the bolts and finger- the first nut. tighten to retain the shim stacks (shim stack (m) Apply anti-seize, P/N A257–9, or Air transportation, Aircraft, Aviation is the same at each location). Discard the O- Loctite Anti-seize 767, to the chamfered-side safety, Safety. Ring. face and threads of the second nut. Align the Adoption of the Amendment (d) Bend out the locking tabs on two de-burred tabs with the first nut and lockwashers, P/N C269–1 and P/N C269–2, install the second nut with the chamfered Accordingly, pursuant to the and remove the spanner nuts, P/N C153–1, side against the lockwasher. Hand-tighten the authority delegated to me by the from the main rotor shaft. A scrap main rotor nut to hold the lockwasher in place. Bend the Administrator, the Federal Aviation hub bolt, or equivalent, inserted through the two de-burred tabs to lock the first nut. For 53048 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Revision A through Revision O gearboxes: in.-lb. and safety wire; A7260 drain plug who may concur or comment and then send Torque the second nut to 180–220 ft.-lb., as assembly large hex, 150 in.-lb. and safety it to the Manager, Los Angeles Aircraft required to align two washer tabs. Bend the wire; small hex, 75 in.-lb. and safety wire. Certification Office. two tabs to lock the second nut. (s) Torque the eight NAS1356–6H24P cap Note 2: Information concerning the (n) Verify that all six bent tabs properly screws attaching the mast tube to the gearbox engage the nuts and visually inspect the to 220 in.-lb. and safety wire. existence of approved alternative methods of edges of the bent tabs for cracks. Replace any (t) Reinstall the gearbox. Fill the gearbox compliance with this AD, if any, may be cracked lockwashers. Remove any excess with oil, P/N A257–2, to the middle of the obtained from the Los Angeles Aircraft anti-seize. sight glass. Perform the main rotor balance Certification Office. (o) Lubricate the unused O-Ring, P/N procedures. (w) Compliance with Robinson Helicopter C215–279, with oil, P/N A257–2, and install (u) Report the serial number of any gearbox Company Service Bulletin SB–15, dated the O-Ring on the sump. Clean and visually that has been replaced in accordance with August 2, 1996, and the reporting inspect the sealing surface of the gearbox paragraph (g) of this AD, within 10 days after requirements contained in paragraph (u) of housing. Lightly lubricate the sealing surface the inspection to Mr. Randall Erwin, this AD is an acceptable means of with oil, P/N A257–2. Principal Inspector, Los Angeles (p) Install the sump on the gearbox Manufacturing Inspection District Office, compliance with this AD. housing, using care not to damage the FAA, Northwest Mountain Region, 3960 (x) Special flight permits may be issued in O-Ring. Paramount Blvd., Lakewood, California accordance with sections 21.197 and 21.199 (q) Install the baffle, P/N C747–1, and all 90712, telephone (310) 627–5294, fax (310) of the Federal Aviation Regulations (14 CFR the sump attaching hardware. Ensure all the 627–5293. Reporting requirements have been 21.197 and 21.199) to operate the helicopter sump bolts have the same shim stack as approved by the Office of Management and to a location where the requirements of this before. The threaded cap screws can damage Budget and assigned OMB control number AD can be accomplished. the shim stack if not installed properly. 2120–0056. (y) This amendment becomes effective on Install the ground wires using NAS6604–15, (v) An alternative method of compliance or October 25, 1996, to all persons except those –16, or –17 bolts (the other 11 bolts are adjustment of the compliance time that persons to whom it was made immediately NAS6604–15 bolts). provides an acceptable level of safety may be effective by priority letter AD 96–18–22, (r) Torque the sump bolts and drain plug used if approved by the Manager, Los issued August 29, 1996, which contained the assembly as follows: Twelve lock nuts on Angeles Aircraft Certification Office, FAA. requirements of this amendment. NAS6604 bolts, 120 in.-lb.(includes locking Operators shall submit their requests through torque); six NAS1352–4H16P cap screws, 120 an FAA Principal Maintenance Inspector, BILLING CODE 4910±13±U Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53049 53050 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Issued in Fort Worth, Texas, on September The Rule Issued in Washington, DC, on October 2, 30, 1996. 1996. This amendment to 14 CFR part 71 Eric Bries, extends Federal Airway V–421 from the Harold W. Becker, Acting Manager, Rotorcraft Directorate, Kremmling, CO, VORTAC to the Robert, Acting Program Director for Air Traffic Aircraft Certification Service. CO, VOR/DME to the HAHNS Airspace Management. [FR Doc. 96–26019 Filed 10–9–96; 8:45 am] Intersection. In addition, this action [FR Doc. 96–26093 Filed 10–9–96; 8:45 am] BILLING CODE 4910±13±U creates two new intersections, ‘‘ECHO’’ BILLING CODE 4910±13±P and ‘‘HAHNS,’’ to support a new instrument approach procedure for the 14 CFR Part 71 Steamboat Springs Bob Adam Airport. 14 CFR Part 71 This action will improve traffic flow [Airspace Docket No. 95±ANM±6] and reduce pilot/controller workload. [Airspace Docket No. 96±AWP±20] The FAA has determined that this Amendment of Class E Airspace; RIN 2120±AA66 regulation only involves an established body of technical regulations for which Tonopah, NV Realignment of VOR Federal Airway frequent and routine amendments are AGENCY: Federal Aviation V±421; Colorado necessary to keep them operationally current. It, therefore—(1) is not a Administration (FAA), DOT. AGENCY: Federal Aviation ‘‘significant regulatory action’’ under ACTION: Final Rule. Administration (FAA), DOT. Executive Order 12866; (2) is not a SUMMARY: This action amends the Class ACTION: Final rule. ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 E airspace area at Tonopah, NV. The SUMMARY: This rule extends Federal FR 11034; February 26, 1979); and (3) development of a Global Positioning Airway 421 (V–421) from the does not warrant preparation of a System (GPS) Standard Instrument Kremmling, CO, Very High Frequency regulatory evaluation as the anticipated Approach Procedure (SIAP) to Runway Omnidirectional Range/Tactical Air impact is so minimal. Since this is a (RWY) 15 has made this action Navigation (VORTAC) to Robert, CO, routine matter that will only affect air necessary. The intended effect of this Very High Frequency Omnidirectional traffic procedures and air navigation, it action is to provide adequate controlled Range/Distance Measuring Equipment is certified that this rule will not have airspace for Instrument Flight Rules (VOR/DME) to the HAHNS Intersection. a significant economic impact on a (IFR) operations at Tonopah Airport, This action will support an instrument substantial number of small entities NV. approach procedure, improve traffic under the criteria of the Regulatory EFFECTIVE DATE: 0901 UTC December 5, flow, and reduce pilot and controller Flexibility Act. 1996. workload. List of Subjects in 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: 0901 UTC, December 5, Airspace, Incorporation by reference, William Buck, Airspace Specialist, 1996. Navigation (air). Operations Branch, AWP–530, Air FOR FURTHER INFORMATION CONTACT: Traffic Division, Western-Pacific Bil Adoption of the Amendment Nelson, Airspace and Rules Division, Region, Federal Aviation ATA–400, Office of Air Traffic Airspace In consideration of the foregoing, the Administration, 15000 Aviation Management, Federal Aviation Federal Aviation Administration Boulevard, Lawndale, California 90261, Administration, 800 Independence amends 14 CFR part 71, as follows: telephone (310) 725–6556. Avenue, SW., Washington, DC 20591; PART 71Ð[AMENDED] SUPPLEMENTARY INFORMATION: telephone: (202) 267–8783. 1. The authority citation for part 71 History SUPPLEMENTARY INFORMATION: continues to read as follows: On September 5, 1996, the FAA History Authority: 49 U.S.C. 106(g), 40103, 40113, proposed to amend part 71 of the On June 9, 1995, the FAA proposed to 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Federal Aviation Regulations (14 CFR amend Title 14 of the Code of 1963 Comp., p. 389; 14 CFR 11.69. part 71) by amending the Class E Regulations part 71 (14 CFR part 71) to § 71.1 [Amended] airspace area at Tonopah, NV (61 FR extend Federal Airway V–421 in 2. The incorporation by reference in 46743). This action will provide Kremmling, CO (60 FR 30481). 14 CFR 71.1 of the Federal Aviation adequate controlled airspace to Interested parties were invited by the Administration Order 7400.9D, Airspace accommodate a GPS SIAP to RWY 15 at FAA to participate in this rulemaking Designations and Reporting Points, Tonopah Airport, NV. effort by submitting written comments dated September 4, 1996, and effective Interested parties were invited to on the proposal. No comments were September 16, 1996, is amended as participate in this rulemaking received. Except for editorial changes, follows: proceeding by submitting written this amendment is the same as proposed comments on the proposal to the FAA. in the notice. Domestic Very High Paragraph 6010(a)—Domestic VOR Federal No comments to the proposal were Frequency Omnidirectional Range Airways received. Class E airspace designations (VOR) Federal airways are published in * * * * * are published in paragraphs 6002 and paragraph 6010(a) of FAA Order V–421 [Revised] 6005 of FAA Order 7400.9D dated 7400.9D dated September 4, 1996, and From Zuni, NM, via Gallup, NM; September 4, 1996, and effective effective September 16, 1996, which is Farmington, NM; Durango, CO; Blue Mesa, September 16, 1996, which is incorporated by reference in 14 CFR CO; Red Table, CO; Kremmling, CO; Robert, incorporated by reference in 14 CFR 71.1. The Federal airway listed in this CO; INT Robert 340° and Hayden, CO, 055° 71.1. The Class E airspace designations document will be published radials. listed in this document will be subsequently in the Order. * * * * * published subsequently in this Order. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53051

The Rule miles north of the Tonopah Airport and ACTION: Final Rule. within 1.8 miles each side of the Tonopah The amendment to part 71 of the VORTAC 115° radial, extending from the 4.3- SUMMARY: This action changes the Federal Aviation Regulations (14 CFR mile radius to 8.7 miles southeast of the part 71) amends the Class E airspace Tonopah VORTAC. controlling agency for Restricted Area R–5301, Albemarle Sound, NC, and all area at Tonopah, NV. The development * * * * * of a GPS SIAP to RWY 15 has made this subareas of R–5302, Harvey Point, NC, action necessary. The effect of this Paragraph 6005 Class E airspace area from ‘‘FAA, Washington ARTCC’’ to action will provide adequate airspace extending upward from 700 feet or more ‘‘Norfolk Airport Traffic Control Tower above the surface of the earth. for aircraft executing the GPS RWY 15 (ATCT), Norfolk, VA.’’ * * * * * SIAP at Tonopah Airport, Tonopah, NV. EFFECTIVE DATE: 0901 UTC, December 5, The FAA has determined that this AWP NV E5 Tonopah, NV [Revised] 1996. regulation only involves an established Tonopah Airport, NV body of technical regulations for which (lat. 38°03′29′′ N, long. 117°05′22′′ W) FOR FURTHER INFORMATION CONTACT: frequent and routine amendments are Tonopah VORTAC Steve Brown, Airspace and Rules necessary to keep them operationally (lat. 38°01′50′′ N, long. 117°02′01′′ W) Division, ATA–400, Office of Air Traffic current. Therefore, this regulation—(1) That airspace extending upward from 700 Airspace Management, Federal Aviation is not a ‘‘significant regulatory action’’ feet above the surface within a 4.3-mile Administration, 800 Independence under Executive Order 12866; (2) is not radius of the Tonopah Airport and that Avenue, SW., Washington, DC 20591; a ‘‘significant rule’’ under DOT airspace northwest of the Tonopah Airport telephone (202) 267–8783. bounded by a line beginning at lat. 38°18′00′′ Regulatory Policies and Procedures (44 N, long. 117°17′00′′ W; thence eastbound to SUPPLEMENTARY INFORMATION: FR 10034; February 26, 1979); and (3) lat. 38°18′00′′ N, long. 117°03′00′′ W; thence does not warrant preparation of a southbound to lat. 38°17′22′′ N, long. Need for Rulemaking Regulatory Evaluation as the anticipated 117°03′00′′ W; thence clockwise via the 4.3- impact is so minimal. Since this is a mile radius of the Tonopah Airport to lat. The recent redelegation of airspace in routine matter that will only affect air 38°04′00′′ N, long. 117°10′46′′ N; thence the vicinity of Elizabeth City Coast ° ′ ′′ traffic procedures and air navigation, it northwestbound to lat. 38 12 00 N, long. Guard/Municipal and Dare County 117°17′00′′ W, thence to the point of Regional Airports, requires changing the is certified that this rule will not have beginning. That airspace extending upward a significant economic impact on a controlling agency to reflect current from 1,200 feet above the surface within the airspace areas of responsibility. substantial number of small entities area beginning at lat. 37°53′00′′ N, long. under the criteria of the Regulatory 117°05′41′′ W; thence southwestbound along The Amendment Flexibility Act. the southeastern edge of V–135 to the 24-mile radius of Tonopah VORTAC; thence This amendment to Title 14 of the List of Subjects in 14 CFR Part 71 clockwise along the 24-mile radius of the Code of Federal Regulations part 73 (14 Airspace, Incorporated by reference, Tonopah VORTAC to the southern edge of V– CFR part 73) changes the controlling Navigation (air) 244; thence eastbound along the southern agency for R–5301, Albemarle Sound, edge of V–244 to the 20-mile radius of the Adoption of the Amendment Tonopah VORTAC; thence clockwise along NC, and all subareas of R–5302, Harvey Point, NC, from ‘‘FAA, Washington In consideration of the foregoing, the the 20-mile radius of the Tonopah VORTAC to lat. 38°18′00′′ N, long. 117°17′00′′ W; ARTCC’’ to ‘‘FAA, Norfolk ATCT.’’ Federal Aviation Administration thence southbound to lat. 38°18′00′′ N, long. amends 14 CFR part 71 as follows: ° ′ ′′ Since this action simply changes the 117 00 00 W; thence southbound to lat. published controlling agency, the FAA 38°14′00′′ N, long. 117°00′00′′ W; thence PART 71Ð[AMENDED] eastbound to lat. 38°17′00′′ N. long. finds that notice and public procedure 116°36′00′′ W; thence southbound to lat. under 5 U.S.C. 553(b) are unnecessary 1. The authority citation for 14 CFR ° ′ ′′ ° ′ ′′ because this action is a minor technical part 71 continues to read as follows: 38 00 00 N, long. 116 33 00 W, thence westbound to lat. 37°59′30′′ N, long. amendment in which the public would Authority: 49 U.S.C. 106(g), 40103, 40113, 116°38′30′′ W; thence eastbound to lat. not be particularly interested. Section 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 37°53′00′′ N, long. 116°38′30′′ W, thence to 73.53 of part 73 of the Federal Aviation 1963 Comp., p. 389; 14 CFR 11.69. the point of beginning. Regulations was republished in FAA § 71.1 [Amended] * * * * * Order 7400.8D dated July 11, 1996. Issued in Los Angeles, California, on 2. The incorporation by reference in September 23, 1996. Environmental Review 14 CFR 71.1 of the Federal Aviation George D. Williams, Administration Order 7400.9D, Airspace This action changes the published Designations and Reporting Points, Manager, Air Traffic Division Western-Pacific Region. controlling agency for R–5301 and R– dated September 4, 1996, effective 5302. There are no changes to air traffic [FR Doc. 96–26096 Filed 10–9–96; 8:45 am] September 16, 1996, and is amended as control procedures or routes as a result follows: BILLING CODE 4910±13±M of this action. Also, there are no changes Paragraph 6002 Class E airspace areas to the dimensions or type of activity designed as a surface area for an airport. 14 CFR Part 73 conducted in these areas as a result of * * * * * this action. Therefore, this action is not [Airspace Docket No. 96±ASO±17] subject to environmental assessments AWP NV E2 Tonopah, NV [Revised] RIN: 2120±AA66 and procedures under FAA Order Tonopah Airport, NV 1050.1D, ‘‘Policies and Procedures for (lat. 38°03′29′′ N, long. 117°05′22′′ W) Change Controlling Agency for Considering Environmental Impacts,’’ Tonopah VORTAC Restricted Areas R±5301, Albemarle ° ′ ′′ ° ′ ′′ and the National Environmental Policy (lat. 38 01 50 N, long. 117 02 01 W) Sound and R±5302A, B, and C, Harvey Act. Within a 4.3-mile radius of the Tonopah Point, NC Airport and within 2 miles each side of the List of Subjects in 14 CFR Part 73 358° bearing from the Tonopah Airport, AGENCY: Federal Aviation extending from the 4.3-mile radius to 10.5 Administration (FAA), DOT. Airspace, Navigation (air) 53052 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Adoption of the Amendment addition, the designated altitude of R– action corrects a minor technical error In consideration of the foregoing, the 6714F is amended from ‘‘surface to and reduces restricted airspace, I find Federal Aviation Administration 29,000 feet,’’ to ‘‘surface to but not that notice and public procedure under amends 14 CFR part 73, as follows: including 29,000 feet.’’ 5 U.S.C. 553(b) are unnecessary because EFFECTIVE DATE: 0901 UTC, December 5, this action is a minor technical PART 73Ð[AMENDED] 1996. amendment in which the public would not be particularly interested. 1. The authority citation for part 73 FOR FURTHER INFORMATION CONTACT: Ken continues to read as follows: McElroy, Airspace and Rules Division, Environmental Review ATA–400, Office of Air Traffic Airspace Authority: 49 U.S.C. 106(g), 40103, 40113, Management, Federal Aviation This action reduces restricted 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Administration, 800 Independence airspace. There are no changes to air 1963 Comp., p. 389; 14 CFR 11.69. Avenue, SW., Washington, DC 20591; traffic control procedures or routes as a result of this action. Therefore, this § 73.53 [Amended] telephone (202) 267–8783. action is not subject to environmental 2. Section 73.53 is amended as SUPPLEMENTARY INFORMATION: assessments and procedures under FAA follows: Background Order 1050.1D, ‘‘Polices and Procedures R–5301 Albemarle, NC [Amended] for Considering Environmental In 1962, R–6714 was established to Impacts,’’ and the National By removing the current controlling support the firing of long-range weapons Environmental Policy Act. agency and substituting the following: for the U.S. Army. Since its inception, ‘‘Controlling agency. FAA, Norfolk many refinements have been made to List of Subjects in 14 CFR Part 73 ATCT, Norfolk, VA.’’ the restricted area to reflect changing Airspace, Navigation (air). R–5302A Harvey Point, NC [Amended] requirements as well as administrative changes. The latest refinement occurred Adoption of the Amendment By removing the current controlling on April 11, 1996, when the FAA In consideration of the foregoing, the agency and substituting the following: published a final rule (61 FR 18062) Federal Aviation Administration ‘‘Controlling agency. FAA, Norfolk expanding and redefining the Yakima amends 14 CFR part 73, as follows: ATCT, Norfolk, VA.’’ Firing Center restricted area complex. R–5302B Harvey Point, NC [Amended] These changes, effective June 20, 1996, PART 73Ð[AMENDED] were instituted as part of a U.S. Army By removing the current controlling 1. The authority citation for part 73 review of future training requirements. continues to read as follows: agency and substituting the following: Upon further review of this airspace ‘‘Controlling agency. FAA, Norfolk action by the Seattle Flight Procedures Authority: 49 U.S.C. 106(g), 40103, 40113, ATCT, Norfolk, VA.’’ Office, it was determined that the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– R–5302C Harvey Point, NC [Amended] current configuration of the Yakima 1963 Comp., p. 389; 14 CFR 11.69. By removing the current controlling Firing Center restricted areas § 73.67 [Amended] agency and substituting the following: encroached slightly on the protected 2. Section 73.67 is amended as ‘‘Controlling agency. FAA, Norfolk airspace for VOR Federal Airway V–187. follows: ATCT, Norfolk, VA.’’ (As an interim measure, the FAA published a Notice to Airmen indicating R–6714A Yakima, WA [Amended] Issued in Washington, DC, on October 2, that V–187 is unusable when R–6714 is By removing the present boundaries and 1996. in use.) This action removes that substituting the following: Harold W. Becker, encroachment. In addition, the Boundaries. Beginning at lat. 46°50′59′′ N., ° ′ ′′ Acting Program Director for Air Traffic designated altitude of R–6714F is long. 119 58 04 W.; Thence south along the Airspace Management. west edge of the Columbia River to lat. amended from ‘‘surface to 29,000 feet,’’ ° ′ ′′ ° ′ ′′ [FR Doc. 96–26095 Filed 10–9–96; 8:45 am] 46 42 28 N., long. 119 58 19 W.; to lat. to ‘‘surface to but not including 29,000 46°35′04′′ N., long. 120°02′50′′ W.; to lat. BILLING CODE 4910±13±P feet.’’ 46°37′50′′ N., long. 120°20′26′′ W.; to lat. The coordinates for this airspace 46°38′29′′ N., long. 120°20′25′′ W.; to lat. docket are based on North American 46°38′59′′ N., long. 120°22′13′′ W.; to lat. 14 CFR Part 73 Datum 83. Section 73.67 of part 73 of 46°42′19′′ N.,long. 120°26′12′′ W.; thence [Airspace Docket No. 96±ANM±16] the Federal Aviation Regulations was north along the east side of Interstate republished in FAA Order 7400.8D Highway 82 to lat. 46°47′49′′ N., long. RIN 2120±AA66 dated July 11, 1996. 120°21′19′′ W.; to lat. 46°51′09′′ N., long.120°09′02′′ W.; to point of beginning. Changes to Restricted Areas R±6714A, The Rule E, F, G, and H, Yakima, WA R–6714E Yakima, WA [Amended] This amendment to part 73 of the By removing the present boundaries and AGENCY: Federal Aviation Federal Aviation Regulations (14 CFR substituting the following: Administration (FAA), DOT. part 73) amends R–6714A, R–6714E, R– Boundaries. Beginning at lat. 46°50′59′′ N., ° ′ ′′ ACTION: Final rule. 6714F, R–6714G, and R–6714H, Yakima long. 119 58 04 W.; thence south along the Firing Center, WA. This rule moves a west side of the Columbia River to lat. SUMMARY: This action amends restricted congruent corner defining R–6714A, R– 46°42′28′′ N., long. 119°58′19′′ W.; thence airspace at Yakima Firing Center, WA. 6711E, R–6714G, and R–6714H south along the west side of the Columbia 1 River to lat. 46°38′59′′ N., long. 119°56′09′′ This action redefines Restricted Areas approximately ⁄4 quarter mile west to ° ′ ′′ ° ′ ′′ R–6714A, R–6714E, R–6714G, and R– remove the encroachment on the W.; to lat. 46 38 08 N., long. 119 56 13 W.; to lat. 46°38′08′′ N., long. 119°55′04′′ W.; to 6714H to delete a congruent point in the protected airspace of V–187. lat. 46°33′55′′ N., long. 119°55′04′′ W.; to lat. airspace description that encroached on Additionally, the designated altitude of 46°33′19′′ N., long. 119°55′04′′ W.; to lat. the protected airspace for Very High R–6714F is changed from ‘‘surface to 46°32′50′′ N., long. 119°55′04′′ W.; to lat. Frequency Omnidirectional Range 29,000 feet,’’ to ‘‘surface to but not 46°32′50′′ N., long. 120°04′25′′ W.; to lat. (VOR) Federal Airway V–187. In including 29,000 feet.’’ Because this 46°37′03′′ N., long. 120°20′26′′ W.; to lat. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53053

46°37′50′′ N., long. 120°20′26′′ W.; to lat. new obstacles, or changes in air traffic special format make their verbatim 46°38′29′′ N., long. 120°20′25′′ W.; to lat. requirements. These changes are publication in the Federal Register 46°38′59′′ N., long. 120°22′13′′ W.; to lat. ° ′ ′′ ° ′ ′′ designed to provide safe and efficient expensive and impractical. Further, 46 38 59 N., long. 120 23 45 W.; to lat. use of the navigable airspace and to airmen do not use the regulatory text of 46°40′34′′ N., long. 120°26′39′′ W.; to lat. 46°42′19′′ N., long. 120°26′12′′ W.; thence promote safe flight operations under the SIAPs, but refer to their graphic north along the east side of Interstate instrument flight rules at the affected depiction on charts printed by Highway 82 to lat. 46°47′49′′ N., long. airports. publishers of aeronautical materials. 120°21′19′′ W.; thence north along the east DATES: An effective date for each SIAP Thus, the advantages of incorporation side of Interstate Highway 82 to lat. 46°49′35′′ is specified in the amendatory by reference are realized and N., long. 120°21′38′′ W.; to lat. 46°51′09′′ N., ° ′ ′′ ° ′ ′′ provisions. publication of the complete description long. 120 21 38 W.; to lat. 46 51 09 N., Incorporation by reference-approved of each SIAP contained in FAA form long. 120°16′34′′ W.; to lat. 46°54′29′′ N., long. 120°15′04′′ W.; to point of beginning. by the Director of the Federal Register documents is unnecessary. The on December 31, 1980, and reapproved provisions of this amendment state the R–6714F Yakima, WA [Amended] as of January 1, 1982. affected CFR (and FAR) sections, with By removing the present altitudes and ADDRESSES: Availability of matters the types and effective dates of the substituting the following: incorporated by reference in the SIAPs. This amendment also identifies Designated altitudes. Surface to but not amendment is as follows: the airport, its location, the procedure including 29,000 feet MSL. For Examination— identification and the amendment R–6714G Yakima, WA [Amended] 1. FAA Rules Docket, FAA number. By removing the present boundaries and Headquarters Building, 800 This amendment to part 97 is effective substituting the following: Independence Avenue, SW., ° ′ ′′ upon publication of each separate SIAP Boundaries. Beginning at lat. 46 51 09 N., Washington, DC 20591; as contained in the transmittal. The long. 120°16′34′′ W.; to lat. 46°54′29′′ N., 2. The FAA Regional Office of the long. 120°15′04′′ W.; to lat. 46°50′59′′ N., SIAPs contained in this amendment are ° ′ ′′ ° ′ ′′ region in which the affected airport is based on the criteria contained in the long. 119 58 04 W.; to lat. 46 51 09 N., located; or long. 120°08′54′′ W.; to point of beginning. United States Standard for Terminal 3. The Flight Inspection Area Office Instrument Approach Procedures R–6714H Yakima, WA [Amended] which originated the SIAP. (TERPS). In developing these SIAPs, the For Purchase—Individual SIAP By removing the present boundaries and TERPS criteria were applied to the copies may be obtained from: substituting the following: conditions existing or anticipated at the Boundaries. Beginning at lat. 46°54′58′′ N., 1. FAA Public Inquiry Center (APA– affected airports. long. 120°00′33′′ W.; excluding that airspace 200), FAA Headquarters Building, 800 within a 1.5 mile radius of the Vantage Independence Avenue, SW., The FAA has determined through ° ′ ′′ ° ′ ′′ Airport to lat. 46 54 39 N., long. 119 59 31 Washington, DC 20591; or testing that current non-localizer type, W.; thence south along the west side of the ° ′ ′′ 2. The FAA Regional Office of the non-precision instrument approaches Wanpaum road to lat. 46 50 59 N., long. developed using the TERPS criteria can 119°58′04′′ W.; to lat. 46°54′29′′ N., long. region in which the affected airport is 120°15′04′′ W.; to lat. 46°55′20′′ N., long. located. be flown by aircraft equipped with 120°15′04′′ W., to point of beginning. By Subscription—Copies of all SIAPs, Global Positioning System (GPS) Issued in Washington, DC, on October 2, mailed once every 2 weeks, are for sale equipment. In consideration of the 1996. by the Superintendent of Documents, above, the applicable Standard Harold W. Becker, U.S. Government Printing Office, Instrument Approach Procedures Acting Program Director for Air Traffic Washington, DC 20402. (SIAPs) will be altered to include ‘‘or Airspace Management. FOR FURTHER INFORMATION CONTACT: GPS’’ in the title without otherwise [FR Doc. 96–26094 Filed 10–9–96; 8:45 am] Paul J. Best, Flight Procedures reviewing or modifying the procedure. (Once a stand alone GPS procedure is BILLING CODE 4910±13±U Standards Branch (AFS–420), Technical Programs Division, Flight Standards developed, the procedure title will be Service, Federal Aviation altered to remove ‘‘or GPS’’ from these 14 CFR Part 97 Administration, 800 Independence non-localizer, non-precision instrument Avenue, SW., Washington, DC 20591; approach procedure titles.) Because of [Docket No. 28702; Amdt. No. 1757] telephone (202) 267–8277. the close and immediate relationship RIN 2120±AA65 SUPPLEMENTARY INFORMATION: This between these SIAPs and safety in air amendment to part 97 of the Federal commerce, I find that notice and public Standard Instrument Approach Aviation Regulations (14 CFR part 97) procedure before adopting these SIAPs Procedures; Miscellaneous establishes, amends, suspends, or are, impracticable and contrary to the Amendments revokes Standard Instrument Approach public interest and, where applicable, that good cause exists for making some AGENCY: Procedures (SIAPs). The complete Federal Aviation SIAPs effective in less than 30 days. Administration (FAA), DOT. regulatory description of each SIAP is ACTION: Final rule. contained in official FAA form The FAA has determined that this documents which are incorporated by regulation only involves an established SUMMARY: This amendment establishes, reference in this amendment under 5 body of technical regulations for which amends, suspends, or revokes Standard U.S.C. 552(a), 1 CFR part 51, and § 97.20 frequent and routine amendments are Instrument Approach Procedures of the Federal Aviation Regulations necessary to keep them operationally (SIAPs) for operations at certain (FAR). The applicable FAA Forms are current. It, therefore—(1) is not a airports. These regulatory actions are identified as FAA Form 8260–5. ‘‘significant regulatory action’’ under needed because of the adoption of new Materials incorporated by reference are Executive Order 12866; (2) is not a or revised criteria, or because of changes available for examination or purchase as ‘‘significant rule’’ under DOT occurring in the National Airspace stated above. Regulatory Policies and Procedures (44 System, such as the commissioning of The large number of SIAPs, their FR 11034; February 26, 1979); and (3) new navigational facilities, addition of complex nature, and the need for a does not warrant preparation of a 53054 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations regulatory evaluation as the anticipated Hammond, LA, Hammond Muni, VOR or Childress, TX, Childress Muni, VOR or GPS impact is so minimal. For the same GPS RWY 31, Amdt 3B CANCELLED RWY 35, Amdt 9 CANCELLED reason, the FAA certifies that this Hammond, LA, Hammond Muni, VOR RWY Childress, TX, Childress Muni, VOR RWY 35, amendment will not have a significant 31, Amdt 3B Amdt 9 Marshfield, MA, Marshfield, NDB or GPS Crosbyton, TX, Crosbyton Municipal, NDB or economic impact on a substantial RWY 6 Amdt 3 CANCELLED GPS RWY 35, Orig CANCELLED number of small entities under the Marshfield, MA, Marshfield, NDB RWY 6, Crosbyton, TX, Crosbyton Municipal, NDB criteria of the Regulatory Flexibility Act. Amdt 3 RWY 35, Orig Sikeston, MO, Sikeston Memorial Muni, VOR List of Subjects in 14 CFR Part 97 Dalhart, TX, Dalhart Muni, VOR or GPS RWY or GPS RWY 20, Amdt 2B CANCELLED 17, Amdt 12A CANCELLED Air Traffic Control, Airports, Sikeston, MO, Sikeston Memorial Muni, VOR Dalhart, TX, Dalhart Muni, VOR RWY 17, Navigation (Air). RWY 20, Amdt 2B Amdt 12A Jackson, MS, Hawkins Field, RNAV or GPS Del Rio, TX, Del Rio Intl, NDB or GPS RWY Issued in Washington, DC on October 4, RWY 16, Amdt 4A CANCELLED 13, Amdt 2 CANCELLED 1996. Jackson, MS, Hawkins Field, RNAV RWY 16, Del Rio, TX, Del Rio Intl, NDB RWY 13, Thomas C. Accardi, Amdt 4A Amdt 2 Director, Flight Standards Service. Beaufort, NC, Michael J. Smith Field, NDB or Jasper, TX, Jasper County-Bell Field, NDB or GPS RWY 14, Orig CANCELLED GPS RWY 18, Amdt 7 CANCELLED Adoption of the Amendment Beaufort, NC, Michael J. Smith Field, NDB Jasper, TX, Jasper County-Bell Field, NDB RWY 14, Orig RWY 18, Amdt 7 Accordingly, pursuant to the North Wilkesboro, NC, Wilkes County, NDB authority delegated to me, part 97 of the Levelland, TX, Levelland Muni, NDB or GPS or GPS RWY 1, Amdt 1B CANCELLED RWY 17, Amdt 2A CANCELLED Federal Aviation Regulations (14 CFR North Wilkesboro, NC, Wilkes County, NDB Levelland, TX, Levelland Muni, NDB RWY part 97) is amended by establishing, RWY 1, Amdt 1B 17, Amdt 2a amending, suspending, or revoking Broken Bow, NE, Broken Bow Muni, VOR or Levelland, TX, Levelland Muni, NDB or GPS Standard Instrument Approach GPS RWY 14, Amdt 4 CANCELLED RWY 35, Amdt 1A CANCELLED Procedures, effective at 0901 UTC on Broken Bow, NE, Broken Bow Muni, VOR Levelland, TX, Levelland Muni, NDB RWY the dates specified, as follows: RWY 14, Amdt 4 35, Amdt 1A Manchester, NH, Manchester, VOR/DME Palacios, TX, Palacios Muni, VOR or GPS PART 97ÐSTANDARD INSTRUMENT RNAV or GPS RWY 6, Amdt 3A RWY 13, Amdt 10 CANCELLED APPROACH PROCEDURES CANCELLED Palacios, TX, Palacios Muni, VOR RWY 13, Manchester, NH, Manchester, VOR/DME Amdt 10 1. The authority citation for part 97 is RNAV RWY 6, Amdt 3A Pecos, TX, Pecos Muni, VOR or GPS RWY 14, revised to read as follows: Hammonton, NJ, Hammonton Muni, VOR or Amdt 7A CANCELLED GPS–A, Amdt 6 CANCELLED Pecos, TX, Pecos Muni, VOR RWY 14, Amdt Authority: 49 U.S.C. 40103, 40113, 40120, Hammonton, NJ, Hammonton Muni, VOR–A, 7A 44701; 49 U.S.C. 106(g); and 14 CFR Amdt 6 Tyler, TX, Tyler Pounds Field, VOR or GPS 11.49(b)(2). Alva, OK, Alva Muni, NDB or GPS RWY 35, RWY 31, Orig CANCELLED 2. Part 97 is amended to read as Amdt 4A CANCELLED Tyler, TX, Tyler Pounds Field, VOR RWY 31, follows: Alva, OK, Alva Muni, NDB RWY 35, Amdt Orig 4A Chesapeake, VA, Chesapeake Muni, NDB or §§ 97.23, 97.27, 97.33, 97.35 [Amended] Ardmore, OK, Ardmore Downtown GPS RWY 5, Amdt 1 CANCELLED Executive, VOR/DME RNAV or GPS RWY By amending: § 97.23 VOR, VOR/ Chesapeake, VA, Chesapeake Muni, NDB 35, Amdt 5 CANCELLED RWY 5, Amdt 1 DME, VOR or TACAN, and VOR/DME Ardmore, OK, Ardmore Downtown Martinsville, VA, Blue Ridge, NDB or GPS or TACAN; § 97.27 NDB, NDB/DME; Executive, VOR/DME RNAV RWY 35, RWY 30, Amdt 1 CANCELLED § 97.33 RNAV SIAPs; and § 97.35 Amdt 5 Martinsville, VA, Blue Ridge, NDB RWY 30, COPTER SIAPs, identified as follows: Ardmore, OK, Ardmore Muni, NDB or GPS Amdt 1 RWY 31, Amdt 4A CANCELLED * * * Effective Dec. 5, 1996 Torrington, WY, Torrington Muni, NDB or Ardmore, OK, Ardmore Muni, NDB RWY 31, GPS RWY 28, Orig CANCELLED Mekoryuk, AK, Mekoryuk, NDB or GPS RWY Amdt 4A Torrington, WY, Torrington Muni, NDB RWY 23, Amdt 1B CANCELLED Clinton, OK, Clinton Muni, NDB or GPS 28, Orig. Mekoryuk, AK, Mekoryuk, NDB RWY 23, RWY 35 Amdt 5 CANCELLED Amdt 1B Clinton, OK, Clinton Muni, NDB RWY 35 [FR Doc. 96–26100 Filed 10–9–96; 8:45 am] Carlisle, AR, Carlisle Muni, VOR/DME or Amdt 5 BILLING CODE 4910±13±M GPS RWY 9, Amdt 1 CANCELLED Chickasha, OK, Chackasha Muni, NDB or Carlisle, AR, Carlisle Muni, VOR/DME RWY GPS RWY 17, Orig CANCELLED 9, Amdt 1 Chickasha, OK, Chickasha Muni, NDB RWY 14 CFR Part 97 Marshalltown, IA, Marshalltown Muni, VOR 17, Orig or GPS RWY 12, Amdt 7A CANCELLED El Reno, OK, El Reno Muni Air Park, VOR/ [Docket No. 28701; Amdt. No. 1756] Marshalltown, IA, Marshalltown Muni, VOR DME or GPS RWY 35, Orig CANCELLED RIN 2120±AA65 RWY 12, Amdt 7A El Reno, OK, El Reno Muni Air Park, VOR/ Litchfield, IL, Litchfield Muni, NDB or GPS DME RWY 35, Orig Standard Instrument Approach RWY 9, Amdt 4 CANCELLED Rock Hill, SC, Rock Hill/York Co/Bryant Procedures; Miscellaneous Litchfield, IL, Litchfield Muni, NDB RWY 9, Field, VOR/DME RNAV or GPS RWY 2, Amendments Amdt 4 Amdt 4B CANCELLED Litchfield, IL, Litchfield Muni, NDB or GPS Rock Hill, SC, Rock Hill/York Co/Bryant AGENCY: Federal Aviation RWY 27, Amdt 6 CANCELLED Field, VOR/DME RNAV RWY 2, Amdt 4B Administration (FAA), DOT. Litchfield, IL, Litchfield Muni, NDB RWY 27, Brownfield, TX, Terry County, NDB or GPS Amdt 6 RWY 2, Amdt 2 CANCELLED ACTION: Final rule. Bowling Green, KY, Bowling Green-Warren Brownfield, TX, Terry County, NDB RWY 2, SUMMARY: County Regional, VOR/DME or GPS RWY Amdt 2 This amendment establishes, 21, Amdt 6 CANCELLED Center, TX, Center Muni, NDB or GPS RWY amends, suspends, or revokes Standard Bowling Green, KY, Bowling Green-Warren 17, Amdt 1 CANCELLED Instrument Approach Procedures County Regional, VOR/DME RWY 21, Center, TX, Center Muni, NDB RWY 17, (SIAPs) for operations at certain Amdt 6 Amdt 1 airports. These regulatory actions are Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53055 needed because of changes occurring in Aviation Regulations (FAR). Materials public interest and, where applicable, the National Airspace System, such as incorporated by reference are available that good cause exists for making these the commissioning of new navigational for examination or purchase as stated SIAPs effective in less than 30 days. facilities, addition of new obstacles, or above. Conclusion changes in air traffic requirements. The large number of SIAPs, their These changes are designed to provide complex nature, and the need for a The FAA has determined that this safe and efficient use of the navigable special format make their verbatim regulation only involves an established airspace and to promote safe flight publication in the Federal Register body of technical regulations for which operations under instrument flight rules expensive and impractical. Further, frequent and routine amendments are at the affected airports. airmen do not use the regulatory text of necessary to keep them operationally DATES: An effective date for each SIAP the SIAPs, but refer to their graphic current. It, therefore—(1) is not a is specified in the amendatory depiction of charts printed by ‘‘significant regulatory action’’ under provisions. publishers of aeronautical materials. Executive Order 12866; (2) is not a Incorporation by reference-approved Thus, the advantages of incorporation ‘‘significant rule’’ under DOT by the Director of the Federal Register by reference are realized and Regulatory Policies and Procedures (44 publication of the complete description on December 31, 1980, and reapproved FR 11034; February 26, 1979); and (3) of each SIAP contained in FAA form as of January 1, 1982. does not warrant preparation of a documents is unnecessary. The regulatory evaluation as the anticipated ADDRESSES: Availability of matter provisions of this amendment state the impact is so minimal. For the same incorporated by reference in the affected CFR (and FAR) sections, with amendment is as follows: reason, the FAA certifies that this the types and effective dates of the amendment will not have a significant For Examination— SIAPs. This amendment also identifies economic impact on a substantial 1. FAA Rules Docket, FAA the airport, its location, the procedure number of small entities under the Headquarters Building, 800 identification and the amendment criteria of the Regulatory Flexibility Act. Independence Avenue, SW., number. Washington, DC 20591; List of Subjects in 14 CFR Part 97 The Rule 2. The FAA Regional Office of the Air traffic control, Airports, region in which affected airport is This amendment to part 97 of the Navigation (air). located; or Federal Aviation Regulations (14 CFR 3. The Flight Inspection Area Office part 97) establishes, amends, suspends, Issued in Washington, DC, on October 4, which originated the SIAP. or revokes SIAPs. For safety and 1996. For Purchase—Individual SIAP timeliness of change considerations, this Thomas C. Accardi, copies may be obtained from: amendment incorporates only specific Director, Flight Standards Service. changes contained in the content of the 1. FAA Public Inquiry Center (APA– Adoption of the Amendment 200), FAA Headquarters Building, 800 following FDC/P NOTAM for each Independence Avenue, SW., SIAP. The SIAP information in some Accordingly, pursuant to the Washington, DC 20491; or previously designated FDC/Temporary authority delegated to me, part 97 of the 2. The FAA Regional Office of the (FDC/T) NOTAMs is of such duration as Federal Aviation Regulations (14 CFR region in which the affected airport is to be permanent. With conversion to part 97) is amended by establishing, located. FDC/P NOTAMs, the respective FDC/T amending, suspending, or revoking NOTAMs have been cancelled. By Subscription—Copies of all SIAPs, Standard Instrument Approach The FDC/P NOTAMs for the SIAPs mailed once every 2 weeks, are for sale Procedures, effective at 0901 UTC on contained in this amendment are based by the Superintendent of Documents, the dates specified, as follows: on the criteria contained in the U.S. US Government Printing Office, Standard for Terminal Instrument Washington, DC 20402. PART 97ÐSTANDARD INSTRUMENT Approach Procedures (TERPS). In APPROACH PROCEDURES FOR FURTHER INFORMATION CONTACT: Paul developing these chart changes to SIAPs J. Best, Flight Procedures Standards by FDC/P NOTAMs, the TERPS criteria 1. The authority citation for part 97 is Branch (AFS–420), Technical Programs were applied to only these specific revised to read as follows: Division, Flight Standards Service, conditions existing at the affected Authority: 49 U.S.C. 40103, 40113, 40120, Federal Aviation Administration, 800 airports. All SIAP amendments in this 44701; 49 U.S.C. 106(g); and 14 CFR Independence Avenue, SW., rule have been previously issued by the 11.49(b)(2). Washington, DC 20591; telephone (202) FAA in a National Flight Data Center 267–8277. (FDC) Notice to Airmen (NOTAM) as an 2. Part 97 is amended to read as SUPPLEMENTARY INFORMATION: This emergency action of immediate flight follows: amendment to part 97 of the Federal safety relating directly to published §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Aviation Regulations (14 CFR part 97) aeronautical charts. The circumstances 97.35 [Amended] establishes, amends, suspends, or which created the need for all these revokes Standard Instrument Approach SIAP amendments requires making By amending: § 97.23 VOR, VOR/ Procedures (SIAPs). The complete them effective in less than 30 days. DME, VOR or TACAN, and VOR/DME regulatory description on each SIAP is Further, the SIAPs contained in this or TACAN; § 97.25 LOC, LOC/DME, contained in the appropriate FAA Form amendment are based on the criteria LDA, LDA/DME, SDF, SDF/DME; 8260 and the National Flight Data contained in the TERPS. Because of the § 97.27 NBD, NBD/DME; § 97.29 ILS, Center (FDC)/Permanent (P) Notices to close and immediate relationship ILS/DME, ISMLS, MLS, MLS/DME, Airmen (NOTAM) which are between these SIAPs and safety in air MLS/RNAV; § 97.31 RADAR SIAPs; incorporated by reference in the commerce, I find that notice and public § 97.33 RNAV SIAPs; and § 97.35 amendment under 5 U.S.C. 552(a), 1 procedure before adopting these SIAPs COPTER SIAPs, identified as follows: CFR part 51, and § 97.20 of the Federal are impracticable and contrary to the ** * Effective Upon Publication 53056 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

FDC date State City Airport FDC No. SIAP

08/28/96 GA Marietta ...... Cobb County-McCollum Field ..... 6/6579 ILS RWY 27, ORIG... 09/19/96 VT Rutland ...... Rutland State ...... 6/7299 GPS RWY 19, AMDT 1... 09/20/96 AZ Prescott ...... Ernest A. Love Field ...... 6/7318 VOR OR GPS RWY 11 AMDT 1... 09/20/96 ME Rockland ...... Knox County Regional ...... 6/7327 LOC RWY 3 AMDT 8B... 09/20/96 NC Louisburg ...... Louisburg/Franklin County ...... 6/7320 VOR/DME OR GPS±A, ORIG± A... THIS CORRECTS TL 96±21 09/24/96 GA Gainesville ...... Lee Gilmer Memorial ...... 6/7393 LOC RWY 4, AMDT 5A... 09/24/96 NC Charlotte ...... Charlotte/Douglas Intl ...... 6/7395 ILS RWY 36L AND CAT II, CAT III AMDT 12... 09/25/96 AZ Phoenix ...... Phoenix Sky Harbor Intl ...... 6/7409 ILS RWY 8R, AMDT 9A... 09/25/96 AZ Prescott ...... Prescott/Ernest A. Love Field ...... 6/7408 VOR OR GPS RWY 11, AMDT 1A... 09/25/96 HI Kahului ...... Kahului ...... 6/7427 NBD/DME OR GPS RWY 2, AMDT 1A... 09/25/96 HI Kahului ...... Kahului ...... 6/7428 ILS RWY 2, AMDT 22A... 09/30/96 NC Charlotte ...... Charlotte/Douglas Intl ...... 6/7486 ILS RWY 36R AMDT 7A... 10/2/96 NE Chadron ...... Chadron Muni ...... 6/7570 VOR/DME OR GPS RWY 2, AMDT 1... 10/2/96 NE Grand Island ...... Grand Island/Central Nebraska ... 6/7568 LOC/DME BC RWY 17, AMDT 9... 10/2/96 CA Santa Ynez ...... Santa Ynez ...... 6/7562 VOR OR GPS±B AMDT 7... 10/2/96 VT Rutland ...... Rutland State ...... 6/7556 LDA 1 RWY 19 AMDT 7...

[FR Doc. 96–26099 Filed 10–9–96; 8:45 am] ADDRESSES: Availability of matters contained in official FAA form BILLING CODE 4910±13±M incorporated by reference in the documents which are incorporated by amendment is as follows: reference in this amendment under 5 For Examination— U.S.C. 552(a), 1 CFR part 51, and § 97.20 14 CFR Part 97 1. FAA Rules Docket, FAA of the Federal Aviation Regulations Headquarters Building, 800 (FAR). The applicable FAA Forms are [Docket No. 28700; Amdt. No. 1755] Independence Avenue, SW., identified as FAA Forms 8260–3, 8260– Washington, DC 20591; 4, and 8260–5. Materials incorporated 2. The FAA Regional Office of the RIN 2120±AA65 by reference are available for region in which the affected airport is examination or purchase as stated Standard Instrument Approach located; or above. Procedures; Miscellaneous 3. The Flight Inspection Area Office The large number of SIAPs, their Amendments which originated the SIAP. complex nature, and the need for a For Purchase—Individaul SIAP special format make their verbatim AGENCY: Federal Aviation copies may be obtained from: publication in the Federal Register Administration (FAA), DOT. 1. FAA Public Inquiry Center (APA– expensive and impractical. Further, ACTION: Final rule. 200), FAA Headquarters Building, 800 airmen do not use the regulatory text of Independence Avenue, SW., the SIAPs, but refer to their graphic SUMMARY: This amendment establishes, Washington, DC 20591; or depiction on charts printed by amends, suspends, or revokes Standard 2. The FAA Regional Office of the publishers of aeronautical materials. Instrument Approach Procedures region in which the affected airport is Thus, the advantages of incorporation (SIAPs) for operations at certain located. by reference are realized and airports. These regulatory actions are By Subscription—Copies of all SIAPs, publication of the complete description needed because of the adoption of new mailed once every 2 weeks, are for sale of each SIAP contained in FAA form or revised criteria, or because of changes by the Superintendent of Documents, documents is unnecessary. The occurring in the National Airspace U.S. Government Printing Office, provisions of this amendment state the System, such as the commissioning of Washington, DC 20402. affected CFR (and FAR) sections, with new navigational facilities, addition of FOR FURTHER INFORMATION CONTACT: the types and effective dates of the new obstacles, or changes in air traffic Paul J. Best, Flight Procedures SIAPs. This amendment also identifies requirements. These changes are Standards Branch (AFS–420), Technical the airport, its location, the procedure designed to provide safe and efficient Programs Division, Flight Standards identification and the amendment use of the navigable airspace and to Service, Federal Aviation number. promote safe flight operations under Administration, 800 Independence instrument flight rules at the affected Avenue, SW., Washington, DC 20591; The Rule airports. telephone (202) 267–8277. This amendment to part 97 is effective DATES: An effective date for each SIAP SUPPLEMENTARY INFORMATION: This upon publication of each separate SIAP is specified in the amendatory amendment to part 97 of the Federal as contained in the transmittal. Some provisions. Aviation Regulations (14 CFR part 97) SIAP amendments may have been Incorporation by reference-approved establishes, amends, suspends, or previously issued by the FAA in a by the Director of the Federal Register revokes Standard Instrument Approach National Flight Data Center (FDC) on December 31, 1980, and reapproved Procedures (SIAPs). The complete Notice to Airmen (NOTAM) as an as of January 1, 1982. regulatory description of each SIAP is emergency action of immediate flight Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53057 safety relating directly to published Authority: 49 U.S.C. 106(g), 40103, 40113, Fargo, ND, Hector International, VOR/DME aeronautical charts. The circumstances 40120, 44701; and 14 CFR 11.49(b)(2). or TACAN or GPS RWY 35, Amdt 12 which created the need for some SIAP 2. Part 97 is amended to read as Cincinnati, OH, Cincinnati-Blue Ash, GPS RWY 6, Orig amendments may require making them follows: Alva, OK, Alva Muni, GPS RWY 35, Orig effective in less than 30 days. For the Ardmore, OK, Ardmore Muni, GPS RWY 31, remaining SIAPs, an affective date at §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended] Orig least 30 days after publication is Buffalo, OK, Buffalo Muni, GPS RWY 17, provided. By amending: § 97.23 VOR, VOR/ Orig Further, the SIAPs contained in this DME, VOR or TACAN, and VOR/DME Chickasha, OK, Chickasha Muni, GPS RWY amendment are based on the criteria or TACAN; § 97.25 LOC, LOC/DME, 17, Orig LDA, LDA/DME, SDF, SDF/DME; El Reno, OK, El Reno Muni Air Park, VOR/ contained in the U.S. Standard for DME RWY 35, Amdt 1 Terminal Instrument Approach § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, El Reno, OK, El Reno Muni Air Park, NDB Procedures (TERPS). In developing RWY 35, Amdt 3 these SIAPs, the TERPS criteria were MLS/RNAV; § 97.31 RADAR SIAPs; El Reno, OK, El Reno Muni Air Park, GPS applied to the conditions existing or § 97.33 RNAV SIAPs; and § 97.35 RWY 35, Orig anticipated at the affected airports. COPTER SIAPs, identified as follows: Madill, OK, Madill Muni, GPS RWY 18, Orig Because of the close and immediate ** * Effective December 5, 1996 Miami, OK, Miami Muni, GPS RWY 17, Orig Mooreland, OK, Mooreland Muni, NDB RWY relationship between these SIAPs and Courtland, AL, Industrial Airpark, GPS RWY 17, Amdt 4 safety in air commerce, I find that notice 13, Orig Mooreland, OK, Mooreland Muni, GPS RWY and public procedure before adopting Corning, AR, Corning Muni, GPS RWY 18, 17, Orig these SIAPs are impracticable and Orig Muskogee, OK, Davis Field, VOR RWY 31, contrary to the public interest and, Corning, AR, Corning Muni, GPS RWY 36, Amdt 3 where applicable, that good cause exists Orig Muskogee, OK, Davis Field, NDB RWY 31, Tampa, FL, Tampa Intl, GPS RWY 36R, Orig Amdt 9 for making some SIAPs effective in less Savannah, GA, Savannah International, GPS than 30 days. Muskogee, OK, Davis Field, GPS RWY 4, Orig RWY 18, Orig Muskogee, OK, Davis Field, GPS RWY 31, The FAA has determined that this Savannah, GA, Savannah International, Orig regulation only involves an established RNAV OR GPS RWY 18, Amdt 8, Tahlequah, OK, Tahlequah Muni, NDB OR body of technical regulations for which CANCELLED GPS RWY 17, Amdt 1 frequent and routine amendments are Dawson, GA, Dawson Muni, VOR/DME RWY Tahlequah, OK, Tahlequah Muni, GPS RWY necessary to keep them operationally 31, Orig 35, Orig Ames, IA, Ames Muni, LOC RWY 1, Amdt Darlington, SC, Darlington County Jetport, current. It, therefore—(1) is not a 1, CANCELLED ‘‘significant regulatory action’’ under GPS RWY 5, Orig Ames, IA, Ames Muni, ILS RWY 1, Orig Rock Hill, SC, Rock Hill/York Co/Bryant Executive Order 12866; (2) is not a Dixon, IL, Dixon, VOR or GPS–A, Amdt 9 Field, GPS RWY 2, Orig ‘‘significant rule’’ under DOT Litchfield, IL, Litchfield Muni, GPS RWY 9, Rock Hill, SC, Rock Hill/York Co/Bryant Regulatory Policies and Procedures (44 Orig Field, GPS RWY 20, Orig FR 11034; February 26, 1979); and (3) Litchfield, IL, Litchfield Muni, GPS RWY 27, Sumter, SC, Sumter Muni, GPS RWY 23, Orig does not warrant preparation of a Orig Childress, TX, Childress Muni, GPS RWY 35, regulatory evaluation as the anticipated Pinckneyville, IL, Pinckneyville-DuQuoin, Orig GPS RWY 36, Orig Crosbyton, TX, Crosbyton, Municipal, GPS impact is so minimal. For the same Fort Wayne, IN, Smith Field, VOR or GPS reason, the FAA certifies that this RWY 35, Orig RWY 13, Amdt 8 Madisonville, TX, Madisonville Muni, GPS amendment will not have a significant Baton Rouge, LA, Baton Rouge Metropolitan, RWY 36, Orig economic impact on a substantial Ryan Field, VOR OR GPS RWY 4L, Amdt Sulphur Springs, TX, Sulphur Springs Muni, number of small entities under the 16 GPS RWY 36, Orig criteria of the Regulatory Flexibility Act. Baton Rouge, LA, Baton Rouge Metropolitan, Cheyenne, WY, Cheyenne, GPS RWY 12, Ryan Field, VOR/DME RWY 22R, Amdt 8 Amdt 1 List of Subjects in 14 CFR Part 97 Baton Rouge, LA, Baton Rouge Metropolitan, Torrington, WY, Torrington Muni, GPS RWY Ryan Field, LOC BC RWY 4L, Amdt 6 10, Orig Air traffic control, Airports, Baton Rouge, LA, Baton Rouge Metropolitan, Navigation (air). Torrington, WY, Torrington Muni, GPS RWY Ryan Field, ILS RWY 22R, Amdt 9 28, Orig Issued in Washington, DC, on October 4, Houma, LA, Houma-Terrebone, VOR RWY 1996. 12, Amdt 5 ** * Effective November 7, 1996 Thomas C. Accardi, New Orleans, LA, New Orleans Intl (Moisant Conway, AR, Dennis F. Cantrell Field, NDB Field), LOC BC RWY 19, Amdt 14 OR GPS–A, Amdt 1 Director, Flight Standards Service. New Orleans, LA, New Orleans Intl (Moisant El Monte, CA, El Monte, VOR OR GPS–A, Adoption of the Amendment Field), NDB OR GPS RWY 10, Amdt 26 Amdt 6 New Orleans, LA, New Orleans Intl (Moisant Covington/Cincinnati, OH/KY, Cincinnati/ Accordingly, pursuant to the Field), ILS RWY 1, Amdt 16 Northern Kentucky Intl, ILS RWY 18R, authority delegated to me, part 97 of the New Orleans, LA, New Orleans Intl (Moisant Amdt 18 Federal Aviation Regulations (14 CFR Field), ILS RWY 10, Amdt 2 Covington/Cincinnati, OH/KY, Cincinnati/ part 97) is amended by establishing, New Orleans, LA, New Orleans Intl (Moisant Northern Kentucky Intl, ILS RWY 36L, amending, suspending, or revoking Field), ILS RWY 28, Amdt 4 Amdt 37 Reserve, LA, St John The Baptist Parish, VOR Eunice, LA, Eunice, NDB RWY 16, Orig Standard Instrument Approach RWY 35, Orig Berlin, NH, Berlin Muni, VOR OR GPS–B, Procedures, effective at 0901 UTC on Big Rapids, MI, Roben-Hood, GPS RWY 27, Amdt 2 the dates specified, as follows: Orig Berlin, NH, Berlin Muni, GPS RWY 18, Orig Hattiesburg/Laurel, MS, VOR–A, ORIG Rutherfordton, NC, Rutherford County, LOC PART 97ÐSTANDARD INSTRUMENT Laurel/Hattiesburg, MS, Hattieburg-Laurel RWY 1, Orig APPROACH PROCEDURES Regional, VOR RWY 36, Amdt 4, Amarillo, TX, Amarillo Intl, LOC BC RWY CANCELLED 22, Amdt 17 CANCELLED 1. The authority citation for part 97 is Fargo, ND, Hector International, VOR/DME Houston, TX, David Wayne Hooks Memorial, revised to read as follows: RNAV or GPS RWY 13, Amdt 6 LOC RWY 17R, Orig 53058 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Houston, TX, David Wayne Hooks Memorial, SUPPLEMENTARY INFORMATION: 41.113(k), which were added in 61 FR LOC/DME RWY 17R, Amdt 1, 1521, January 22, 1996. CANCELLED Background Rock Springs, TX Edwards County, VOR OR The Games of the XXVI Olympiad PART 41Ð[AMENDED] GPS RWY 14, Amdt 2 held in Atlanta, Georgia were the largest The following procedure published in TL in history with 10,000 athletes and at 1. The authority citation for Part 41 96–19 dated August 23, 1996 with an least 45,000 persons in the entire continues to read: effective date of October 10, 1996 is hereby Olympic Family. ‘‘Olympic Family Authority: 8 U.S.C. 1101 and 1104; 19 rescinded: Members’’ included: athletes, coaches, U.S.C. 3401. Phoenix, AZ, Phoenix-Deer Valley Muni, trainers, support personnel, senior 2. Part 41, is amended: GPS RWY 7R, Orig officials of the International Olympic The following procedures published in TL Committee, International Federations, § 41.101 [Amended] 96–20 dated September 6, 1996 with an National Olympic Committees, and a. By removing paragraph (c) from effective date of November 7, 1996 are hereby other Olympic Games Organizing rescinded: § 41.101; Committees, as well as official guests, West Milford, NJ, Greenwood Lake, VOR rightsholding broadcasters, accredited § 41.104 [Amended] RWY 6, Orig international media representatives and West Milford, NJ, Greenwood Lake, VOR OR b. By removing paragraph (e) from GPS–A, Amdt 3 CANCELLED international judges and juries. The vast § 41.104 ; majority of ‘‘Olympic Family Members’’ Saratoga Springs, NY, Saratoga County, § 41.105 [Amended] VOR–A, Amdt 5 were aliens and had to be processed for admission into the United States for the c. By removing paragraph (a)(3)(iv) [FR Doc. 96–26098 Filed 10–9–96; 8:45 am] Games. The great numbers involved from § 41.105 and in paragraph (a)(3)(iii) BILLING CODE 4910±13±M required the Department of State and of that section by removing the word other agencies engaged in the process to ‘‘or’’ and by replacing the semicolon devise means to accommodate with a period after the word ‘‘age’’. DEPARTMENT OF STATE ‘‘Olympic Family Members’’ in the most § 41.113 [Amended] efficient fashion. Visa processing 22 CFR Part 41 procedures for the Games were d. By replacing the semicolon with a specifically designed to minimize the period after the word ‘‘card’’ and by [Public Notice 2452 ] burden on the currently heavily taxed removing the word ‘‘or’’ in the last line resources at U.S. consular posts abroad of paragraph (k)(2)(ii); and by removing Bureau of Consular Affairs; Visas and to facilitate visa processing for paragraph (k)(3) from § 41.113. Documentation of Nonimmigrants ‘‘Olympic Family Members.’’ Dated: September 17, 1996. Under the Immigration and Nationality Mary A. Ryan, Act, as Amended; Application for Final Rule Assistant Secretary for Consular Affairs. Nonimmigrant VisaÐOlympic This final rule removes the temporary [FR Doc. 96–25834 Filed 10–9–96; 8:45 am] Procedures regulations established for processing nonimmigrant visas for temporary BILLING CODE 4710±06±P AGENCY: Bureau of Consular Affairs, visitors to the United States for DOS. purposes of the 1996 Olympic Games in ACTION: Final rule. Atlanta. It is being promulgated as a DEPARTMENT OF THE TREASURY final rule based on the exception found SUMMARY: In order to accommodate the Internal Revenue Service increased workload as a result of the at 5 U.S.C. 553(b), the Department for Summer Olympic Games held in good cause having found that public 26 CFR Parts 1 and 301 Atlanta in July 1996, the Department notice is unnecessary because the rule [TD 8683] made certain temporary changes in merely eliminates regulations that are established procedures for processing no longer relevant. This rule is not expected to have a RIN 1545±AU48 nonimmigrant visas for the great significant impact on a substantial number of participants [61 FR 1521, Magnetic Media Filing Requirements number of small entities under the January 22, 1996]. These changes for Information Returns Regulatory Flexibility Act, 5 U.S.C. included: granting the Deputy Assistant 605(b). This rule does not impose AGENCY: Internal Revenue Service (IRS), Secretary for the Visa Office authority to information collection requirements Treasury. designate consular posts for processing under the Paperwork Reduction Act, 44 of NIVs regardless of the applicant’s ACTION: Final and temporary U.S.C. Chapter 35. This rule has been place of residence or physical presence, regulations. reviewed as required under E.O. 12988. a waiver of the passport requirement at This rule is exempt from review under SUMMARY: This document contains the time of visa application, and a E.O. 12866, but has been reviewed regulations relating to the requirements waiver of the photograph requirement at internally by the Department to ensure for filing information returns on the time of NIV application and consistency with the objectives thereof. magnetic media or in other machine- issuance. As these special procedures readable form under section 6011(e) of are no longer applicable, the List of Subjects in 22 CFR Part 41 the Internal Revenue Code (Code). Department is removing them from the Aliens, Documentation, These regulations affect persons filing regulations. Nonimmigrants, Passports and visas. information returns. These regulations DATES: October 10, 1996. In view of the foregoing, Part 41 of prescribe new magnetic media filing FOR FURTHER INFORMATION CONTACT: Title 22 is amended by deleting requirements for employers filing wage Stephen K. Fischel, Chief, Legislation paragraph (c) to 41.101; paragraph (e) to and tax statements for employees in and Regulations Division, 202 663– 41.104; subparagraph (iv) to Puerto Rico, U.S. Virgin Islands, Guam, 1204. 41.105(a)(3); and subparagraph (3) to and American Samoa. In addition, these Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53059 regulations provide taxpayers with the North Dakota (303) 844–2364 (Denver) 499R–2/W–2PR (Withholding guidance to comply with the changes Ohio (312) 353–6717 (Chicago) Statement), Forms W–2VI (U.S. Virgin made to the Code and to the Oklahoma (405) 951–3007 (Oklahoma City) Islands Wage and Tax Statement), administrative practices with respect to Oregon (206) 615–2125 (Seattle) Forms W–2GU (Guam Wage and Tax Pennsylvania (215) 597–4632 (Philadelphia) filing on magnetic media or in other Puerto Rico (809) 766–5574 (San Juan) Statement), and Forms W–2AS machine-readable form. The text of Rhode Island (617) 565–2895 (Boston) (American Samoa Wage and Tax these temporary regulations also serves South Carolina (404) 331–2587 (Atlanta) Statement) to be filed on magnetic as the text of the proposed regulations South Dakota (303) 844–2364 (Denver) media. In Notice 95–64 (1995–2 C.B. set forth in the notice of proposed Tennessee (404) 331–2587 (Atlanta) 342), the IRS informed taxpayers of its rulemaking on this subject in the Texas-Central/South (210) 229–6433 (San intention to issue regulations requiring Proposed Rules section of this issue of Antonio) these forms to be filed on magnetic the Federal Register. Texas-Dallas County (214) 767–6777 (Dallas) media with the SSA and invited public Texas-North (817) 334–3123 (Forth Worth) comment on the matter. The Notice EFFECTIVE DATE: These regulations are Texas-Southeast (713) 653–4722 (Houston) effective on January 1, 1997. Texas-West (505) 262–6048 (Albuquerque) stated that the requirement would be effective for wage and tax statements FOR FURTHER INFORMATION CONTACT: Utah (303) 844–2364 (Denver) required to be filed after December 31, Donna Welch, Internal Revenue Service, Vermont (617) 565–2895 (Boston) Virgin Islands (809) 766–5574 (San Juan) 1996. No comments were received in 1111 Constitution Ave., NW., Virginia (215) 597–4632 (Philadelphia) response to the Notice. These Washington, DC 20224; telephone (202) Washington (206) 615–2125 (Seattle) regulations expand the wage and tax 622–4910 (not a toll-free call), if the West Virginia (215) 597–4632 (Philadelphia) statements required to be filed on inquiry relates to provisions of these Wisconsin (312) 353–6717 (Chicago) magnetic media with the SSA to include regulations. For further information, see Wyoming (303) 844–2364 (Denver) Form 499R–2/W–2PR, Form W–2VI, telephone numbers listed at the Magnetic Media Reporting, Internal Form W–2GU, and Form W–2AS. beginning of SUPPLEMENTARY Revenue Service, Martinsburg In addition, these regulations reflect INFORMATION. Computing Center, P.O. Box 1359, the current provisions of section SUPPLEMENTARY INFORMATION: For Martinsburg, West Virginia 25401–1359; 6011(e). As amended by the 1989 Act, persons residing in the following telephone (304) 263–8700 (not a toll-free section 6011(e)(2)(A) provides that the locations, contact the following offices call), if the inquiry relates to either the Secretary shall not require any person to of the Social Security Administration waiver procedure for all forms described file returns on magnetic media unless (not a toll-free call), if the inquiry relates in these regulations or to the magnetic the person is required to file at least 250 to magnetic media filing and magnetic media specifications for Forms 1042–S, returns during the calendar year (250- media specifications for Form W–2, 1098, 1099 series, 5498, 8027, or W–2G. threshold). Consistent with the Form 499R–2/W–2PR, Form W–2VI, provisions of section 6011(e)(2)(A), Background Form W–2GU, and Form W–2AS: these regulations provide that no person This document contains amendments Alabama (404) 331–2587 (Atlanta) is required to file on magnetic media Alaska (206) 615–2125 (Seattle) to the Procedure and Administration unless the person is required to file 250 American Samoa (415) 744–4559 (San Regulations (26 CFR Part 301) relating to or more returns during the calendar Francisco) the requirement under section 6011(e) year. Further, these regulations clarify Arizona (415) 744–4559 (San Francisco) to file information returns on magnetic that each type of information return is Arkansas (501) 324–5466 (Little Rock) media or in other machine-readable considered a separate return, and the California (415) 744–4559 (San Francisco) form. Section 6011(e) authorizes the 250-threshold applies separately to each Colorado (303) 844–2364 (Denver) Secretary to prescribe regulations type of form required to be filed. Connecticut (617) 565–2895 (Boston) providing the standards for determining In addition, these regulations reflect Delaware (215) 597–4632 (Philadelphia) which returns must be filed on magnetic the current administrative practices District of Columbia (215) 597–4632 (Philadelphia) media or in other machine-readable with respect to filing information Florida (404) 331–2587 (Atlanta) form. Section 6011(e) of the Internal returns on magnetic media or in other Georgia (404) 331–2587 (Atlanta) Revenue Code (Code) was added to the machine-readable form. The IRS and the Guam (415) 744–4559 (San Francisco) Code by section 319 of the Tax Equity SSA now permit filing on tape cartridge Hawaii (415) 744–4559 (San Francisco) and Fiscal Responsibility Act of 1982, but no longer permit filing on cassette. Idaho (206) 615–2125 (Seattle) Public Law 97–248, 96 Stat. 610; and Further, the IRS currently permits Illinois (312) 353–6717 (Chicago) was amended by section 109 of the electronic filing as an alternative Indiana (312) 353–6717 (Chicago) Interest and Dividend Tax Compliance method of filing, and the SSA is Iowa (816) 426–2095 (Kansas City) Act of 1983, Public Law 98–67, 97 Stat. considering permitting electronic filing Kansas (816) 426–2095 (Kansas City) in the future. Thus, under these Kentucky (404) 331–2587 (Atlanta) 383; and section 7713 of the Revenue Louisiana (504) 389–0426 (Baton Rouge) Reconciliation Act of 1989 (1989 Act), regulations, magnetic media generally Maine (617) 565–2895 (Boston) Public Law 101–239, 103 Stat. 2394. include magnetic tape, tape cartridge, Maryland (215) 597–4632 (Philadelphia) This document also contains diskette, and other media (such as Massachusetts (617) 565–2895 (Boston) conforming amendments to the Income electronic filing) specifically permitted Michigan (312) 353–6717 (Chicago) Tax Regulations (26 CFR Part 1) relating under the applicable regulations, Minnesota (312) 353–6717 (Chicago) to returns of information of brokers and procedures, or publications. Mississippi (404) 331–2587 (Atlanta) barter exchanges required under section Further, these regulations reflect the Missouri (816) 426–2095 (Kansas City) 6045. current procedures for obtaining Montana (303) 844–2364 (Denver) consent and authorization from the IRS Nebraska (816) 426–2095 (Kansas City) Explanation of Provisions before filing on magnetic media. These Nevada (415) 744–4559 (San Francisco) New Hampshire (617) 565–2895 (Boston) In order to reduce its administrative regulations refer to Form 4419 New Jersey (212) 264–0258 (New York) burden and increase accurate processing (Application for Filing Information New Mexico (505) 262–6048 (Albuquerque) of information, the Social Security Returns Magnetically/Electronically), New York (212) 264–0258 (New York) Administration (the SSA) requested that which must be filed by a transmitter North Carolina (404) 331–2587 (Atlanta) regulations be issued to require Forms with the IRS before filing Forms 1042– 53060 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

S, 1098, 1099 series, 5498, 8027, and incremental cost of magnetic media information returns required to be filed W–2G on magnetic media or reporting should be minimal in most after December 31, 1996. electronically. These regulations also cases because of the availability of Par. 3. Section 1.6045–1T is added to remove any reference to obtaining computer service bureaus. In addition, read as follows: consent from the SSA because it no the existing regulations provide that the longer requires consent or authorization IRS may waive the magnetic media § 1.6045±1T Returns of information of brokers and barter exchanges (temporary). before filing on magnetic media. filing requirements upon a showing of Under the existing regulations, a hardship. It is anticipated that the (a) through (k) [Reserved] For further taxpayer may request a hardship waiver waiver authority will be exercised so as guidance, see § 1.6045–1 (a) through (k). from the magnetic media filing not to unduly burden taxpayers lacking (l) Use of magnetic media. For requirements. The principal factor for both the necessary data processing information returns filed after December demonstrating hardship is the amount, facilities and access at a reasonable cost 31, 1996, see § 301.6011–2T of this if any, by which the cost of filing on to computer service bureaus. chapter for rules relating to filing magnetic media exceeds the cost of Accordingly, a Regulatory Flexibility information returns on magnetic media filing on paper. The existing regulations Analysis under the Regulatory and for rules relating to waivers granted provide that, if an employer is required Flexibility Act (5 U.S.C. chapter 6) is for undue hardship. For information to make a final return on Form 941, or not required. returns filed prior to January 1, 1997, a variation thereof, and expedited filing Pursuant to section 7805(f) of the see § 1.6045–1(l). of Form W–2 is required, the Internal Revenue Code, these Par. 4. Section 1.6045–2 is amended unavailability of the specifications for regulations will be submitted to the by adding a sentence at the end of magnetic media filing will be treated as Chief Counsel for Advocacy of the Small paragraph (i) to read as follows: creating a hardship, and a waiver of the Business Administration for comment § 1.6045±2 Furnishing statement required magnetic media filing requirements for on their impact on small business. the expedited Forms W–2 may be with respect to certain substitute payments. granted. This document extends this Drafting Information * * * * * waiver provision to expedited filing of The principal author of these (i) * * * With regard to paragraph Forms 499R–2/W–2PR, Forms W–2VI, regulations is Donna Welch, Office of (g)(2) of this section, see section 6011(e) Forms W–2GU, and Forms W–2AS. Assistant Chief Counsel (Income Tax of the Internal Revenue Code for information returns required to be filed Special Analyses and Accounting). However, other personnel from the IRS and the Treasury after December 31, 1989, and before It has been determined that this Department participated in the January 1, 1997; and see § 1.6045– Treasury decision is not a significant development of the regulations. 2T(g)(2) for information returns required regulatory action as defined in EO to be filed after December 31, 1996. 12866. Therefore, a regulatory List of Subjects Par. 5. Section 1.6045–2T is added to assessment is not required. read as follows: It is hereby certified that the 26 CFR Part 1 regulations in this document will not Income taxes, Reporting and § 1.6045±2T Furnishing statement required have a significant economic impact on recordkeeping requirements. with respect to certain substitute payments a substantial number of small entities. (temporary). This certification is based on a 26 CFR Part 301 (a) through (g)(1) [Reserved] For determination that these regulations Employment taxes, Estate taxes, further guidance, see § 1.6045–2 (a) impose no additional reporting or Excise taxes, Gift taxes, Income taxes, through (g)(1). recordkeeping requirement and only Penalties, Reporting and recordkeeping (g)(2) Use of magnetic media. For prescribe the method of filing requirements. information returns filed after December information returns that are already 31, 1996, see § 301.6011–2T of this Adoption of Amendments to the required to be filed. Further, these chapter for rules relating to filing Regulations regulations are consistent with the information returns on magnetic media requirements imposed by statute. Accordingly, 26 CFR parts 1 and 301 and for rules relating to waivers granted Section 6011(e)(2)(A) provides that, in are amended as follows: for undue hardship. For information prescribing regulations providing returns filed prior to January 1, 1997, standards for determining which returns PART 1ÐINCOME TAXES see § 1.6045–2(g)(2). must be filed on magnetic media or in Paragraph 1. The authority citation other machine-readable form, the PART 301ÐPROCEDURE AND for part 1 continues to read in part as Secretary shall not require any person to ADMINISTRATION follows: file returns on magnetic media unless Par. 4. The authority citation for part the person is required to file at least 250 Authority: 26 U.S.C. 7805 * * * 301 continues to read in part as follows: returns during the calendar year. Par. 2. Section 1.6045–1 is amended Consistent with the statutory provision, by adding a sentence at the end of Authority: 26 U.S.C. 7805 * * * these regulations do not require paragraph (q) to read as follows: Par. 5. Section 301.6011–2T is added information returns to be filed on to read as follows: magnetic media unless 250 or more § 1.6045±1 Returns of information of returns are required to be filed. Further, brokers and barter exchanges. § 301.6011±2T Required use of magnetic the economic impact caused by filing on * * * * * media (temporary). magnetic media should be minimal. If a (q) * * * With regard to paragraph (l) This section applies to information taxpayer’s operations are computerized, of this section, see section 6011(e) of the returns required to be filed after reporting in accordance with the Internal Revenue Code for information December 31, 1996. For information regulations should be less costly than returns required to be filed after returns required to be filed after filing on paper. If the taxpayer’s December 31, 1989, and before January December 31, 1989, and before January operations are not computerized, the 1, 1997; and see § 1.6045–1T(l) for 1, 1997, see section 6011(e) of the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53061

Internal Revenue Code and § 301.6011– from the local office of the Social 2VI, Forms W–2GU, or Form W–2AS is 2. Security Administration). required, the unavailability of the (a) Meaning of terms. The following (3) [Reserved] For further guidance, specifications for magnetic media filing definitions apply for purposes of this see § 301.6011–2(b)(3). will be treated as creating a hardship. section: (c) Exceptions—(1) Low-volume filers/ See § 31.6071(a)–1(a)(3)(ii). A request (1) Magnetic media. The term 250-threshold—(i) In general. No person for waiver must be made in accordance magnetic media means any magnetic is required to file information returns on with applicable revenue procedures or media permitted under applicable magnetic media unless the person is publications. See § 601.601(d)(2)(ii)(b) regulations, revenue procedures, or, in required to file 250 or more returns of this chapter. Pursuant to these the case of returns filed with the Social during the calendar year. Persons filing procedures, a request for waiver should Security Administration, Social Security fewer than 250 returns during the be filed at least 45 days before the due Administration publications. These calendar year may make the returns on date of the information return in order generally include magnetic tape, tape the prescribed paper form, or, for the Service to have adequate time to cartridge, and diskette, as well as other alternatively, such persons may make respond to the request for waiver. The media (such as electronic filing) returns on magnetic media in waiver will specify the type of specifically permitted under the accordance with paragraph (b) of this information return and the period to applicable regulations, procedures, or section. which it applies and will be subject to publications. (ii) [Reserved] For further guidance, such terms and conditions regarding the (2) and (3) [Reserved] For further see § 301.6011–2(c)(1)(ii). method of reporting as may be guidance, see § 301.6011–2(a) (2) and (iii) No aggregation. Each type of prescribed by the Commissioner. (3). information return described in (ii) The Commissioner may prescribe paragraphs (b) (1) and (2) of this section (b) Returns required on magnetic rules that supplement the provisions of is considered a separate return for media. (1) If the use of Form 1042–S, paragraph (c)(2)(i) of this section. purposes of this paragraph (c)(1). 1098, 1099 series, 5498, 8027, W–2G, or Therefore, the 250-threshold applies (c) (3) and (4) [Reserved]. For further other form treated as a form specified in separately to each type of form required guidance, see § 301.6011–2(c) (3) and this paragraph (b)(1) is required by the to be filed. (4). applicable regulations or revenue (iv) Examples. The provisions of (d) and (e) [Reserved] For further procedures for the purpose of making an paragraph (c)(1)(iii) of this section are guidance, see § 301.6011–2 (d) and (e). information return, the information illustrated by the following examples: required by the form must be submitted (f) Failure to file. If a person fails to on magnetic media, except as otherwise Example 1. For the calendar year ending file an information return on magnetic provided in paragraph (c) of this December 31, 1996, Company X is required media when required to do so by this section. Returns on magnetic media to file 200 returns on Form 1099–INT and section, the person is deemed to have 350 returns on Form 1099–MISC. Company must be made in accordance with failed to file the return. In addition, if X is not required to file Forms 1099–INT on a person making returns on a paper form applicable revenue procedures or magnetic media but is required to file Forms publications. See § 601.601(d)(2)(ii)(b) under paragraph (c) of this section fails 1099–MISC on magnetic media. to file a return on machine-readable of this chapter. Pursuant to these Example 2. During the calendar year procedures, the consent of the ending December 31, 1996, Company Y has paper form when required to do so by Commissioner of Internal Revenue (or 275 employees in Puerto Rico and 50 this section, the person is deemed to other authorized officer or employee of employees in American Samoa. Company Y have failed to file the return. See the Internal Revenue Service) to a is required to file Forms 499R–2/W–2PR on sections 6652, 6693, and 6721 for magnetic medium must be obtained by magnetic media but is not required to file penalties for failure to file certain submitting Form 4419 (Application for Forms W–2AS on magnetic media. returns. See also section 6724 and the Example 3. For the calendar year ending Filing Information Returns regulations under section 6721 for the December 31, 1996, Company Z files 300 specific rules and limitations regarding Magnetically/Electronically) prior to original returns on Form 1099–DIV and later submitting a return described in this the penalty imposed under section 6721 files 70 corrected returns on Form 1099–DIV. for failure to file on magnetic media. paragraph (b)(1) on the magnetic Company Z is required to file the original medium. returns on magnetic media. However, (g) Effective date. (1) [Reserved] For (2) If the use of Form W–2 (Wage and Company Z is not required to file the further guidance, see § 301.6011–2(g)(1). Tax Statement), Form 499R–2/W–2PR corrected returns on magnetic media because (2) Paragraphs (a)(1), (b) (1) and (2), (Withholding Statement), Form W–2VI the corrected returns fall under the 250- (c)(1) (i), (iii), and (iv), (c)(2), and (f) of (U.S. Virgin Islands Wage and Tax threshold. See § 301.6721–1(a)(2)(ii). this section are effective for information Statement), Form W–2GU (Guam Wage (2) Waiver. (i) The Commissioner may returns required to be filed after and Tax Statement), Form W–2AS waive the requirements of this section if December 31, 1996. For information (American Samoa Wage and Tax hardship is shown in a request for returns required to be filed after Statement), or other form treated as a waiver filed in accordance with this December 31, 1989, and before January form specified in this paragraph (b)(2) is paragraph (c)(2)(i). The principal factor 1, 1997, see section 6011(e) of the required for the purpose of making an in determining hardship will be the Internal Revenue Code and § 301.6011– information return, the information amount, if any, by which the cost of 2. required by the form must be submitted filing the information returns in Margaret Milner Richardson, on magnetic media, except as otherwise accordance with this section exceeds Commissioner of Internal Revenue. provided in paragraph (c) of this the cost of filing the returns on other section. Returns described in this media. Notwithstanding the foregoing, if Approved: September 10, 1996. paragraph (b)(2) must be made in an employer is required to make a final Donald C. Lubick, accordance with applicable Social return on Form 941, or a variation Acting Assistant Secretary of the Treasury. Security Administration procedures or thereof, and expedited filing of Forms [FR Doc. 96–25542 Filed 10–9–96; 8:45 am] publications (which may be obtained W–2, Forms 499R–2/W–2PR, Forms W– BILLING CODE 4830±01±U 53062 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

26 CFR Parts 1 and 602 reducing this burden should be sent to section 1254 costs with respect to the the Internal Revenue Service, Attn: IRS property in the hands of the transferor [TD 8684] Reports Clearance Officer, T:FP, minus the amount of any gain taken into RIN 1545±AM98 Washington, DC 20224, and to the account as ordinary income under Office of Management and Budget, Attn: section 1254(a)(1) by the transferor upon Treatment of Gain From the Desk Officer for the Department of the the disposition. The intent of this rule Disposition of Interest in Certain Treasury, Office of Information and is that in these transactions the section Natural Resource Recapture Property Regulatory Affairs, Washington, DC 1254 costs with respect to the property by S Corporations and Their 20503. are to be transferred to the transferee but Shareholders Books or records relating to this reduced by any gain taken into account collection of information must be AGENCY: Internal Revenue Service (IRS), as ordinary income. However, in the retained as long as their contents may Treasury. case of an S corporation or partnership become material in the administration transferor, the section 1254 costs have ACTION: Final regulations. of any internal revenue law. Generally, generally been allocated among the SUMMARY: This document contains final tax returns and tax return information shareholders or partners. Consequently, regulations relating to the tax treatment are confidential, as required by 26 § 1.1254–3(b)(1) is clarified to provide by S corporations and their shareholders U.S.C. 6103. that in the case of an S corporation of gain from the disposition by an S Background transferor the section 1254 costs include corporation (and a corporation that was the section 1254 costs of the On December 21, 1995, the IRS formerly an S corporation) of certain shareholders minus any gain taken into published in the Federal Register a natural resource recapture property account by the shareholders as ordinary notice of proposed rulemaking (60 FR (section 1254 property after enactment income. A similar clarification is added 66238) providing rules for applying the of the Tax Reform Act of 1986 and oil, for partnership transferors. provisions of section 1254 to the gas, or geothermal property before Similarly, § 1.1254–3(d) is clarified disposition of natural resource recapture enactment of the Tax Reform Act of for like-kind exchanges and involuntary property by an S corporation (and a 1986), and also rules relating to the conversions to provide that in the case corporation that was formerly an S disposition of stock in an S corporation of an S corporation the section 1254 corporation) and the disposition of S that holds certain natural resource costs include the section 1254 costs of corporation stock. No written comments recapture property. Changes to the the shareholders minus any gain taken responding to this notice were received. applicable tax law were made by the into account by the shareholders as No public hearing was held because no Tax Reform Act of 1986, and the ordinary income. A similar clarification hearing was requested. The proposed Subchapter S Revision Act of 1982. The is added for a partnership. regulations are adopted without any regulations provide the public with substantive change by this Treasury Effective Date guidance in complying with the decision. However, in the course of changed tax laws. Section 1.1254–4 applies to preparing the final regulations for dispositions of natural resource EFFECTIVE DATE: October 10, 1996. publication, the IRS and Treasury recapture property by an S corporation FOR FURTHER INFORMATION CONTACT: Department have determined that (and a corporation that was formerly an James A. Quinn, 202–622–3060 (not a §§ 1.1254–2 and 1.1254–3 are in need of S corporation) and dispositions of S toll-free number). minor technical clarifications. corporation stock occurring on or after SUPPLEMENTARY INFORMATION: Accordingly, §§ 1.1254–2 and 1.1254–3 October 10, 1996. The clarifications to are clarified as discussed below. §§ 1.1254–2 and 1.1254–3 are effective Paperwork Reduction Act Clarification of §§ 1.1254–2 and for dispositions of property occurring on The collection of information 1.1254–3 or after October 10, 1996. contained in these final regulations has been reviewed and approved by the Section 1.1254–2(d)(1) is amended to Special Analyses Office of Management and Budget in state that § 1.1254–2(d)(1) is applied It has been determined that this accordance with the Paperwork without regard to § 1.1254–1(b)(2)(vii). Treasury decision is not a significant Reduction Act (44 U.S.C. 3507) under This amendment clarifies that section regulatory action as defined in EO control number 1545–1493. This 1254 costs must be recaptured in a like- 12866. Therefore, a regulatory information is required by the IRS to kind exchange or involuntary assessment is not required. It also has establish that a portion of the gain conversion that involves the acquisition been determined that section 553(b) of recognized upon a sale or exchange of of property that is not natural resource the Administrative Procedure Act (5 S corporation stock is not attributable to recapture property. The amendment U.S.C. chapter 5) does not apply to these a shareholder’s section 1254 costs so as makes clear that the treatment of like- regulations, and because the notice of to qualify for the exception contained in kind exchanges and involuntary proposed rulemaking preceding the § 1.1254–4(c)(2)(i)(A). conversions involving natural resource regulations was issued prior to March An agency may not conduct or recapture property is similar to the 29, 1996, the Regulatory Flexibility Act sponsor, and a person is not required to treatment of these transactions (5 U.S.C. chapter 6) does not apply. respond to, a collection of information involving section 1245 property. See Pursuant to section 7805(f) of the Code, unless the collection of information §§ 1.1245–3(a)(3), 1.1245–4(d)(1), the notice of proposed rulemaking displays a valid control number. 1.1245–4(d)(2), Example 2, and 1.1245– preceding these regulations was The estimated annual burden per 5(a)(2), Example. submitted to the Small Business respondent varies from .5 hour to 1.5 Section 1.1254–3(b)(1) provides that if Administration for comment on its hours, depending on individual natural resource recapture property is impact on small business. circumstances, with an estimated transferred in certain transactions the average of 1 hour. amount of section 1254 costs with Drafting Information Comments concerning the accuracy of respect to the property in the hands of The principal author of these this burden estimate and suggestions for the transferee equals the amount of regulations is James A. Quinn of the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53063

Office of Assistant Chief Counsel (5) Aggregate of S corporation ordinary income by the shareholders or (Passthroughs and Special Industries), shareholders’ section 1254 costs with respect partners). to natural resource recapture property held IRS. However, other personnel from the * * * * * IRS and Treasury Department by the S corporation (6) Examples. Par. 5. Section 1.1254–4 is amended participated in their development. by adding text to read as follows: * * * * * List of Subjects Par. 3. Section 1.1254–2 is amended § 1.1254±4 Special rules for S corporations 26 CFR Part 1 by revising paragraph (d)(1)(ii) to read and their shareholders. as follows: (a) In general. This section provides Income taxes, Reporting and rules for applying the provisions of recordkeeping requirements. § 1.1254±2 Exceptions and limitations. section 1254 to S corporations and their 26 CFR Part 602 * * * * * shareholders upon the disposition by an Reporting and recordkeeping (d) * * * (1) * * * S corporation (and a corporation that requirements. (ii) The fair market value of property was formerly an S corporation) of acquired that is not natural resource natural resource recapture property and Amendments to the Regulations recapture property (determined without upon the disposition by a shareholder of Accordingly, 26 CFR parts 1 and 602 regard to § 1.1254–1(b)(2)(vii)) and is stock of an S corporation that holds are amended as follows: not taken into account under paragraph natural resource recapture property. (d)(1)(i) of this section (that is, (b) Determination of gain treated as PART 1ÐINCOME TAXES qualifying property under section 1031 ordinary income under section 1254 upon a disposition of natural resource Paragraph 1. The authority citation or 1033 that is not natural resource recapture property). recapture property by an S for part 1 continues to read in part as corporation—(1) General rule. Upon a * * * * * follows: disposition of natural resource recapture Authority: 26 U.S.C. 7805 * * * Section Par. 4. Section 1.1254–3 is amended property by an S corporation, the 1.1254–4 also issued under 26 U.S.C. by revising paragraphs (b)(1)(i), amount of gain treated as ordinary 1254(b). * * * (b)(1)(ii), (d)(1)(i) and (d)(1)(ii) to read as income under section 1254 is Par. 2. Section 1.1254–0 is amended follows: determined at the shareholder level. by revising the entry for § 1.1254–4 to § 1.1254±3 Section 1254 costs immediately Each shareholder must recognize as read as follows: after certain acquisitions. ordinary income under section 1254 the * * * * * lesser of— § 1.1254±0 Table of contents for section (i) The shareholder’s section 1254 1254 recapture rules. (b) * * * (1) * * * costs with respect to the property * * * * * (i) The amount of section 1254 costs disposed of; or § 1.1254–4 Special rules for S corporations with respect to the natural resource (ii) The shareholder’s share of the and their shareholders. recapture property in the hands of the amount, if any, by which the amount transferor immediately before the (a) In general. realized on the sale, exchange, or (b) Determination of gain treated as disposition (and in the case of an S involuntary conversion, or the fair ordinary income under section 1254 upon a corporation or partnership transferor, market value of the property upon any disposition of natural resource recapture the section 1254 costs of the other disposition (including a property by an S corporation. shareholders or partners with respect to distribution), exceeds the adjusted basis (1) General rule. the natural resource recapture property); of the property. (2) Examples. minus (2) Examples. The following examples (c) Character of gain recognized by a (ii) The amount of any gain taken into illustrate the provisions of paragraph shareholder upon a sale or exchange of S corporation stock. account as ordinary income under (b)(1) of this section: (1) General rule. section 1254(a)(1) by the transferor upon Example 1. Disposition of natural resource (2) Exceptions. the disposition (and in the case of an S recapture property other than oil and gas (3) Examples. corporation or partnership transferor, property. A and B are equal shareholders in (d) Section 1254 costs of a shareholder. any such gain taken into account as X, an S corporation. On January 1, 1997, X (e) Section 1254 costs of an acquiring ordinary income by the shareholders or acquires for $90,000 an undeveloped mineral shareholder after certain acquisitions. partners). property, its sole property. During 1997, X (1) Basis determined under section 1012. expends and deducts $100,000 in developing (2) Basis determined under section 1014(a). * * * * * the property. On January 15, 1998, X sells the (3) Basis determined under section (d) * * * property for $250,000 when X’s basis in the 1014(b)(9). (1) * * * property is $90,000. Thus, X recognizes gain (4) Gifts and section 1041 transfers. (i) The amount of section 1254 costs of $160,000 on the sale. A and B’s share of (f) Special rules for a corporation that was with respect to the natural resource the $160,000 gain recognized is $80,000 each. formerly an S corporation or formerly a C Each shareholder has $50,000 of section 1254 corporation. recapture property disposed of costs with respect to the property. Under (1) Section 1254 costs of an S corporation (including the section 1254 costs of the these circumstances, A and B each are that was formerly a C corporation. shareholders of an S corporation or of required to recognize $50,000 of the $80,000 (2) Examples. the partners of a partnership with of gain on the sale of the property as ordinary (3) Section 1254 costs of a C corporation respect to the natural resource recapture income under section 1254. that was formerly an S corporation. property); minus Example 2. Disposition of oil and gas (g) Determination of a shareholder’s section (ii) The amount of any gain taken into property the adjusted basis of which is 1254 costs upon certain stock transactions allocated to the shareholders under section (1) Issuance of stock. account as ordinary income under 613A(c)(11). C and D are equal shareholders (2) Natural resource recapture property section 1254(a)(1) by the transferor upon in Y, an S corporation. On January 1, 1997, acquired in exchange for stock. the disposition (and in the case of an S Y acquires for $150,000 an undeveloped oil (3) Treatment of nonvested stock. corporation or partnership transferor, and gas property, its sole property. During (4) Exception. any such gain taken into account as 1997, Y expends in developing the property 53064 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

$40,000 in intangible drilling costs which it paragraph (c)(1) of this section does not recognized by D, $5,000 is ordinary income elects to expense under section 263(c). On apply. Instead, the amount recognized under this paragraph (c). January 15, 1998, Y sells the property for as ordinary income under section 1254 Example 3. Contribution of property prior $200,000. C and D’s share of the $200,000 is the amount of ordinary income the to sale of S corporation stock as part of a amount realized on the sale is $100,000 each. plan to avoid recognition of ordinary income C and D each have a basis of $75,000 in the selling or exchanging shareholder under section 1254. H owns all of the stock property and $20,000 of section 1254 costs would have recognized under section of Z, an S corporation. As of January 1, 1997, with respect to the property. Under these 1254 (with respect to the shares sold or H has $3,000 of section 1254 costs with circumstances, C and D each are required to exchanged) had the S corporation sold respect to property P, which is natural recognize $20,000 of the $25,000 gain on the its natural resource recapture property resource recapture property and Z’s only sale of the property as ordinary income under the disposition of which would have asset. Property P has an adjusted basis of section 1254. resulted in the recognition of ordinary $5,000 and a fair market value of $8,000. H income under section 1254. The amount has a basis of $5,000 in Z stock, which has (c) Character of gain recognized by a a fair market value of $8,000. On January 1, shareholder upon a sale or exchange of recognized as ordinary income under 1997, H contributes securities to Z which S corporation stock—(1) General rule. the preceding sentence reduces the have a basis of $7,000 and a fair market value Except as provided in paragraph (c)(2) amount realized on the sale or exchange of $4,000. On April 15, 1997, H sells all of of this section, if an S corporation of the stock. the Z stock to J for $12,000. On that date, H’s shareholder recognizes gain upon a sale This reduced amount realized is used adjusted basis in the Z stock is also $12,000. or exchange of stock in the S in determining any gain or loss on the Based on all the facts and circumstances, the sale or exchange. sale of stock is part of a plan (along with the corporation (determined without regard contribution by H of the securities to Z) that to section 1254), the gain is treated as (3) Examples. The following examples illustrate the provisions of this has a principal purpose to avoid recognition ordinary income under section 1254 to of ordinary income under section 1254. the extent of the shareholder’s section paragraph (c): Consequently, under paragraph (c)(2)(ii) of 1254 costs (with respect to the shares Example 1. Application of general rule this section, H must recognize $3,000 as sold or exchanged). upon a sale of S corporation stock. C and D ordinary income under section 1254, the (2) Exceptions—(i) Gain not are equal shareholders in Y, an S corporation. amount of ordinary income that H would attributable to section 1254 costs—(A) As of January 1, 1997, Y holds two mining recognize as ordinary income under section 1254 if property P were sold at fair market General rule. Paragraph (c)(1) of this properties: Blackacre, with an adjusted basis of $5,000 and a fair market value of $35,000, value. In addition, H reduces the amount section does not apply to any portion of and Whiteacre, with an adjusted basis of realized on the sale of the stock ($12,000) by the gain recognized on the sale or $20,000 and a fair market value of $15,000. $3,000. As a result, H also recognizes a exchange of the stock that the taxpayer Y also holds securities with a basis of $5,000 $3,000 capital loss on the sale of the stock establishes is not attributable to section and a fair market value of $10,000. On ($9,000 amount realized less $12,000 1254 costs. The portion of the gain January 1, 1997, D sells 50 percent of D’s Y adjusted basis). recognized that is not attributable to stock to E for $15,000. As of the date of the (d) Section 1254 costs of a section 1254 costs is that portion of the sale, D’s adjusted basis in the Y stock sold shareholder. An S corporation gain recognized that exceeds the amount is $7,500, and D has $18,000 of section 1254 shareholder’s section 1254 costs with of ordinary income that the shareholder costs with respect to Blackacre and $12,000 of section 1254 costs with respect to respect to any natural resource would have recognized under section Whiteacre. Under this paragraph (c), the gain recapture property held by the 1254 (with respect to the shares sold or recognized by D upon the sale of Y stock is corporation include all of the exchanged) if, immediately prior to the treated as ordinary income to the extent of shareholder’s section 1254 costs with sale or exchange of the stock, the D’s section 1254 costs with respect to the respect to the property in the hands of corporation had sold at fair market stock sold, unless D establishes that a portion the S corporation. See § 1.1254–1(b)(1) value all of the corporation’s property of such excess is not attributable to D’s for the definition of section 1254 costs. the disposition of which would result in section 1254 costs. However, because D (e) Section 1254 costs of an acquiring the recognition by the shareholder of would recognize $7,500 in ordinary income shareholder after certain acquisitions— ordinary income under section 1254. under section 1254 with respect to the stock sold if Y sold Blackacre (the only asset the (1) Basis determined under section (B) Substantiation. To establish that a disposition of which would result in 1012. If stock in an S corporation that portion of the gain recognized is not ordinary income to D under section 1254), holds natural resource recapture attributable to a shareholder’s section the $7,500 of gain recognized by D upon the property is acquired and the acquiring 1254 costs so as to qualify for the sale of D’s Y stock is attributable to D’s shareholder’s basis for the stock is exception contained in paragraph section 1254 costs. Therefore, upon the sale determined solely by reference to its (c)(2)(i)(A) of this section, the of stock to E, D recognizes $7,500 of ordinary cost (within the meaning of section shareholder must attach to the income under this paragraph (c). 1012), the amount of section 1254 costs shareholder’s tax return a statement Example 2. Sale of S corporation stock with respect to the property held by the detailing the shareholder’s share of the where gain is not entirely attributable to section 1254 costs. Assume the same facts as corporation in the acquiring fair market value and basis, and the in Example 1, except that Blackacre has a fair shareholder’s hands is zero on the shareholder’s section 1254 costs, for market value of $25,000, and the securities acquisition date. each of the S corporation’s natural have a fair market value of $20,000. (2) Basis determined under section resource recapture properties held Immediately prior to the sale of stock to E, 1014(a). If stock in an S corporation that immediately before the sale or exchange if Y had sold Blackacre (its only asset the holds natural resource recapture of stock. disposition of which would result in the property is acquired from a decedent (ii) Transactions entered into as part recognition of ordinary income to D under and the acquiring shareholder’s basis is of a plan to avoid recognition of section 1254), D would recognize $5,000 in determined, by reason of the application ordinary income under section 1254. In ordinary income with respect to the stock of section 1014(a), solely by reference to sold under section 1254. D attaches a the case of a contribution of property statement to D’s tax return for 1997 detailing the fair market value of the stock on the prior to a sale or exchange of stock D’s share of the fair market values and bases, date of the decedent’s death or on the pursuant to a plan a principal purpose and D’s section 1254 costs with respect to applicable date provided in section of which is to avoid recognition of Blackacre and Whiteacre. Therefore, upon 2032 (relating to alternate valuation ordinary income under section 1254, the sale of stock to E, of the $7,500 gain date), the amount of section 1254 costs Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53065 with respect to the property held by the has a value of $200,000 and a basis of determining the aggregate amount of the corporation in the acquiring $100,000. Thus, under section 1374, Y’s net shareholders’ section 1254 costs. shareholder’s hands is zero on the unrealized built-in gain is $100,000. Also on (g) Determination of a shareholder’s acquisition date. that date, Y’s basis in Oil Well is allocated section 1254 costs upon certain stock (3) Basis determined under section to A, Y’s sole shareholder, under section transactions—(1) Issuance of stock. 613A(c)(11) and the section 1254 costs are 1014(b)(9). If stock in an S corporation allocated to A under paragraph (f)(1) of this Upon an issuance of stock (whether that holds natural resource recapture section. In addition, A has a basis in A’s Y such stock is newly-issued or had been property is acquired before the death of stock of $100,000. held as treasury stock) by an S the decedent, the amount of section (ii) On November 1, 1997, Y sells Oil Well corporation in a reorganization 1254 costs with respect to the property for $250,000. During 1997, Y has taxable described in section 368 or otherwise— held by the corporation in the acquiring income greater than $100,000, and no other (i) Each recipient of shares must be shareholder’s hands includes the transactions or items treated as recognized allocated a pro rata share (determined amount, if any, of the section 1254 costs built-in gain or loss. Under section 1374, Y solely with respect to the shares issued deducted by the acquiring shareholder has net recognized built-in gain of $100,000. in the transaction) of the aggregate of the Assuming a tax rate of 35 percent on capital before the decedent’s death, to the S corporation shareholders’ section gain, Y has a tax of $35,000 under section 1254 costs with respect to natural extent that the basis of the stock 1374. The tax of $35,000 is treated as a (determined under section 1014(a)) is capital loss under section 1366(f)(2). A has a resource recapture property held by the required to be reduced under section realized gain on the sale of $150,000 S corporation immediately before the 1014(b)(9) (relating to adjustments to ($250,000 minus $100,000) of which $20,000 issuance (as determined pursuant to basis when the property is acquired is recognized as ordinary income under paragraph (g)(5) of this section); and before the death of the decedent). section 1254, and $130,000 is recognized as (ii) Each pre-existing shareholder (4) Gifts and section 1041 transfers. If capital gain. Consequently, A recognizes must reduce his or her section 1254 stock is acquired in a transfer that is a ordinary income of $20,000 and net capital costs with respect to natural resource gain of $95,000 ($130,000 minus $35,000) on gift, in a transfer that is a part sale or recapture property held by the S the sale. corporation immediately before the exchange and part gift, or in a transfer Example 2. Sale of stock followed by sale that is described in section 1041(a), the issuance by an amount equal to the pre- of natural resource recapture property held existing shareholder’s section 1254 costs amount of section 1254 costs with by an S corporation that was formerly a C respect to the property held by the corporation—(i) Assume the same facts as in immediately before the issuance corporation in the acquiring Example 1(i). On November 1, 1997, A sells multiplied by the percentage of stock of shareholder’s hands immediately after all of A’s Y stock to P for $250,000. A has the corporation issued in the the transfer is an amount equal to— a realized gain on the sale of $150,000 transaction. (2) Natural resource recapture (i) The amount of section 1254 costs ($250,000 minus $100,000) of which $20,000 is recognized as ordinary income under property acquired in exchange for stock. with respect to the property held by the section 1254, and $130,000 is recognized as If natural resource recapture property is corporation in the hands of the capital gain. transferred to an S corporation in transferor immediately before the (ii) On November 2, 1997, Y sells Oil Well exchange for stock of the S corporation transfer; minus for $250,000. During 1997, Y has taxable (for example, in a section 351 (ii) The amount of any gain income greater than $100,000, and no other recognized as ordinary income under transactions or items treated as recognized transaction, or in a reorganization section 1254 by the transferor upon the built-in gain or loss. Under section 1374, Y described in section 368), the S transfer. has net recognized built-in gain of $100,000. corporation must allocate to its (f) Special rules for a corporation that Assuming a tax rate of 35 percent on capital shareholders a pro rata share of the S was formerly an S corporation or gain, Y has a tax of $35,000 under section corporation’s section 1254 costs with 1374. The tax of $35,000 is treated as a formerly a C corporation—(1) Section respect to the property immediately capital loss under section 1366(f)(2). P has a after the transaction (as determined 1254 costs of an S corporation that was realized gain on the sale of $150,000 formerly a C corporation. In the case of under § 1.1254–3(b)(1)). ($250,000 minus $100,000), which is (3) Treatment of nonvested stock. a C corporation that holds natural recognized as capital gain. Consequently, P Stock issued in connection with the resource recapture property and that recognizes net capital gain of $115,000 performance of services that is elects to be an S corporation, each ($150,000 minus $35,000) on the sale. substantially nonvested (within the shareholder’s section 1254 costs as of (3) Section 1254 costs of a C meaning of § 1.83–3(b)) is treated as the beginning of the corporation’s first corporation that was formerly an S issued for purposes of this section at the taxable year as an S corporation include corporation. In the case of an S first time it is treated as outstanding a pro rata share of the section 1254 costs corporation that becomes a C stock of the S corporation for purposes of the corporation as of the close of the corporation, the C corporation’s section of section 1361. last taxable year that the corporation 1254 costs with respect to any natural (4) Exception. Paragraph (g)(1) of this was a C corporation. resource recapture property held by the section does not apply to stock issued (2) Examples. The following examples corporation as of the beginning of the in exchange for stock of the same S illustrate the application of the corporation’s first taxable year as a C corporation (as for example, in a provisions of paragraph (f)(1) of this corporation include the sum of its recapitalization described in section section: shareholders’ section 1254 costs with 368(a)(1)(E)). Example 1. Sale of natural resource respect to the property as of the close of (5) Aggregate of S corporation recapture property held by an S corporation the last taxable year that the corporation shareholders’ section 1254 costs with that was formerly a C corporation—(i) Y is was an S corporation. In the case of an respect to natural resource recapture a C corporation that elects to be an S S termination year as defined in section property held by the S corporation—(i) corporation effective January 1, 1997. On that date, Y owns Oil Well, which is natural 1362(e)(4), the shareholders’ section In general. The aggregate of S resource recapture property and a capital 1254 costs are determined as of the corporation shareholders’ section 1254 asset. Y has section 1254 costs of $20,000 as close of the S short year as defined in costs is equal to the sum of each of the close of the last taxable year that it was section 1362(e)(1)(A). See paragraph shareholder’s section 1254 costs. The S a C corporation. On January 1, 1997, Oil Well (g)(5) of this section for rules on corporation must determine each 53066 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations shareholder’s section 1254 costs under section 1254 costs with respect to Property P Par. 6. Section 1.1254–6 is amended either paragraph (g)(5)(ii) (written data) equaled $6,000. Under § 1.1254–2(c)(1), B by adding two sentences at the end of or paragraph (g)(5)(iii) (assumptions) of does not recognize any gain under section this section to read as follows: this section. The S corporation may 1254 on the section 351 transaction and, determine the section 1254 costs of under § 1.1254–3(b)(1), X’s section 1254 costs § 1.1254±6 Effective date of regulations. with respect to Property P immediately after some shareholders under paragraph ** * Section 1.1254–4 applies to the contribution equal $6,000. Under dispositions of natural resource (g)(5)(ii) of this section and of others paragraph (g)(2) of this section, each under paragraph (g)(5)(iii) of this shareholder is allocated a pro rata share of recapture property by an S corporation section. X’s section 1254 costs. The pro rata share of (and a corporation that was formerly an (ii) Written data. An S corporation X’s section 1254 costs that is allocated to A S corporation) and dispositions of S may determine a shareholder’s section equals $1,200 (20 percent interest in X corporation stock occurring on or after 1254 costs by using written data multiplied by X’s $6,000 of section 1254 October 10, 1996. Sections 1.1254– provided by a shareholder showing the costs). The pro rata share of X’s section 1254 2(d)(1)(ii) and 1.1254–3(b)(1)(i) and (ii) shareholder’s section 1254 costs with costs that is allocated to B equals $4,800 (80 and (d)(1)(i) and (ii) are effective for respect to natural resource recapture percent interest in X multiplied by X’s $6,000 dispositions of property occurring on or property held by the S corporation of section 1254 costs). after October 10, 1996. Example 2. Contribution of money in unless the S corporation knows or has exchange for stock of an S corporation PART 602ÐOMB CONTROL NUMBERS reason to know that the written data is holding natural resource recapture property. inaccurate. If an S corporation does not UNDER THE PAPERWORK As of January 1, 1997, A and B each own 50 REDUCTION ACT receive written data upon which it may percent of the stock (50 shares each) in X, an rely, the S corporation must use the S corporation. X holds natural resource Par. 7. The authority citation for part assumptions provided in paragraph recapture property, Property P, which has a 602 continues to read as follows: (g)(5)(iii) of this section in determining fair market value of $20,000 and an adjusted a shareholder’s section 1254 costs. basis of $14,000. A’s and B’s section 1254 Authority: 26 U.S.C. 7805. (iii) Assumptions. An S corporation costs with respect to Property P are $4,000 Par. 8. In § 602.101, paragraph (c) is that does not use written data pursuant and $1,500, respectively. On January 1, 1997, amended by adding an entry in numerical to paragraph (g)(5)(ii) of this section to C contributes $20,000 to X in exchange for order to the table to read as follows. 100 shares of X’s stock. Under paragraph determine a shareholder’s section 1254 (g)(1)(i) of this section, X must allocate to C § 602.101 OMB Control numbers. costs must use the following a pro rata share of its shareholders’ section assumptions to determine the * * * * * 1254 costs. Using the assumptions set forth (c) * * * shareholder’s section 1254 costs— in paragraph (g)(5)(iii) of this section, X (A) The shareholder deducted his or determines that A’s section 1254 costs with Current her share of the amount of deductions respect to natural resource recapture property CFR part of section where identi- OMB con- under sections 263(c), 616, and 617 in held by X equal $4,500. Using written data fied and described trol No. the first year in which the shareholder provided by B, X determines that B’s section 1254 costs with respect to Property P equal could claim a deduction for such ***** amounts, unless in the case of $1,500. Thus, the aggregate of X’s 1.1254±4 ...... 1545±1493 expenditures under sections 263(c) or shareholders’ section 1254 costs equals ***** $6,000. C’s pro rata share of the $6,000 of 616 the S corporation elected to section 1254 costs equals $3,000 (C’s 50 Michael P. Dolan, capitalize such amounts; percent interest in X multiplied by $6,000). (B) The shareholder was not subject to Under paragraph (g)(1)(ii) of this section, A’s Acting Commissioner of Internal Revenue. the following limitations with respect to section 1254 costs are reduced by $2,000 (A’s Approved: September 10, 1996. the shareholder’s depletion allowance actual section 1254 costs ($4,000) multiplied Donald C. Lubick, under section 611, except to the extent by 50 percent). B’s section 1254 costs are Acting Assistant Secretary of the Treasury. a limitation applied at the corporate reduced by $750 (B’s actual section 1254 level: the taxable income limitation of costs ($1,500) multiplied by 50 percent). [FR Doc. 96–25945 Filed 10–9–96; 8:45 am] section 613(a); the depletable quantity Example 3. Merger involving an S BILLING CODE 4830±01±U limitations of section 613A(c); or the corporation that holds natural resource limitations of sections 613A(d)(2), (3), recapture property. X, an S corporation with one shareholder, A, holds as its sole asset and (4) (exclusion of retailers and ENVIRONMENTAL PROTECTION natural resource recapture property that has AGENCY refiners). a fair market value of $120,000 and an (6) Examples. The following examples adjusted basis of $40,000. A has section 1254 40 CFR Part 52 illustrate the provisions of this costs with respect to the property of $60,000. paragraph (g): For valid business reasons, X merges into Y, [WA47±7120; FRL±5631±2] Example 1. Transfer of natural resource an S corporation with one shareholder, B, in recapture property to an S corporation in a a reorganization described in section Approval and Promulgation of Air section 351 transaction. As of January 1, 368(a)(1)(A). Y holds property that is not Quality Implementation Plans; 1997, A owns all the stock (20 shares) in X, natural resource recapture property that has Washington; Revision to the State an S corporation. X holds property that is not a fair market value of $120,000 and basis of Implementation Plan Puget Sound natural resource recapture property that has $120,000. Under paragraph (c) of this section, (Seattle-Tacoma Area) Carbon A does not recognize ordinary income under a fair market value of $2,000 and an adjusted Monoxide Attainment Demonstration basis of $2,000. On January 1, 1997, B section 1254 upon the exchange of stock in transfers natural resource recapture property, the merger because A did not otherwise AGENCY: Environmental Protection Property P, to X in exchange for 80 shares of recognize gain on the merger. Under Agency (EPA). X stock in a transaction that qualifies under paragraph (g)(2) of this section, Y must section 351. Property P has a fair market allocate to A and B a pro rata share of its ACTION: Final rulemaking. value of $8,000 and an adjusted basis of $60,000 of section 1254 costs. Thus, A and $5,000. Pursuant to section 351, B does not B are each allocated $30,000 of section 1254 SUMMARY: In this action, EPA is recognize gain on the transaction. costs (50 percent interest in X, each, approving the attainment demonstration Immediately prior to the transaction, B’s multiplied by $60,000). portion of the Central Puget Sound (also Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53067 referred to as the Seattle-Tacoma Area) attainment by December 31, 1995, for made by EPA six months after receipt of carbon monoxide (CO) State moderate CO nonattainment areas. The the submission. In this instance, a Implementation Plan (SIP) revision Puget Sound area, which includes lands completeness determination was made submitted to EPA on January 28, 1993, within the Puyallup, Tulalip, and by operation of law. and supplemented on September 30, Muckleshoot Indian Reservations, had a With respect to the portions of the 1994, by the State of Washington design value of 14.8 ppm based on 1987 tribal lands which lie within the CO Department of Ecology (Washington) for data, and was classified as ‘‘moderate > nonattainment area, EPA contacted the the purpose of documenting attainment 12.7 ppm,’’ under the provisions of chairpersons of the Puyallup and of the national ambient air quality section 186 of the CAA (see 56 FR Muckleshoot Tribal Councils and the standards (NAAQS) for CO. The SIP 56694, November 6, 1991, 40 CFR Chairman of the Tulalip Board of revision was submitted by Washington § 81.348). Directors of the Tulalip Tribes of to satisfy certain federal requirements The CO NAAQS are for 1-hour and 8- Washington to provide them with the for an approvable nonattainment area hour periods and are not to be exceeded information EPA has regarding the CO CO SIP for the Puget Sound more than once per year. The 1-hour CO levels in the ambient air within the nonattainment area in the State of NAAQS is 35 ppm (40 mg/m 3) and the entire nonattainment area and to Washington. The rationale for the 8-hour NAAQS is 9 ppm (10 mg/m 3). identify the effects that redesignating approval of the attainment No demonstration was required to be the entire area as attainment would have demonstration portion of this SIP carried out for the 1-hour NAAQS, as on those tribal lands. Mobile sources of revision is set forth in this notice. the Puget Sound area has not violated CO are the primary sources of concern Additional information is available at this NAAQS since before the 1990 on the tribal lands within the the addresses indicated below. CAAA were enacted. The same nonattainment area. No CO ‘‘hot spot’’ EFFECTIVE DATE: This rulemaking is strategies which bring the area into problems have been identified on the effective as of October 10, 1996. attainment with the 8-hour NAAQS will tribal lands by EPA, Washington, or ADDRESSES: Copies of material also contribute to reduced 1-hour Puget Sound Air Pollution Control submitted to EPA may be examined concentrations. Agency (PSAPCA), nor have any stationary CO sources of concern been during normal business hours at the II. Review of State Submittal following locations: EPA Region 10, identified. EPA provided the three tribes Office of Air Quality, 1200 6th Avenue Section 110(k) of the CAA sets out the opportunity to discuss any concerns (OAQ–107), Seattle, Washington provisions governing EPA’s review of that they had regarding the pending 981010; and the Washington State SIP submittals (see 57 FR 13565–66). In redesignation; no concerns were Department of Ecology, 300 Desmond this action, EPA is granting approval of identified. Drive, Lacey, Washington 98504–7600. the attainment demonstration portion of 2. Attainment Demonstration FOR FURTHER INFORMATION CONTACT: the plan revision submitted to EPA on William M. Hedgebeth, EPA Region 10, September 30, 1994, because it meets all The original CO attainment Office of Air Quality, 1200 6th Avenue of the applicable requirements of the demonstration for the Central Puget (OAQ–107), Seattle, WA 98101, (206) CAA. Sound nonattainment area was 553–7369. 1. Procedural Background submitted by Washington to EPA on January 28, 1993,2 with supplemental SUPPLEMENTARY INFORMATION: The CAA requires States to observe information submitted as part of a SIP I. Background certain procedural requirements in revision on September 30, 1994. The developing implementation plans and The air quality planning requirements rollback approach used in the 1994 SIP plan revisions for submission to EPA. supplement incorporated the use of a for moderate CO nonattainment areas Section 110(a)(2) of the CAA provides are set out in sections 186–187 of the 90/10 split for emission sources, that each implementation plan specifically attributing 90% of the CO Clean Air Act Amendments of 1990 submitted by a State must be adopted (CAAA) which pertain to the emissions to local traffic and 10% of the after reasonable notice and public CO emissions to regional CO sources. classification of CO nonattainment areas hearing.1 Section 110(l) of the CAA and to the submission requirements of (The 1993 submittal had used a 75/25 similarly provides that each revision to split.) Because of questions about the SIPs for these areas, respectively. an implementation plan submitted by a EPA has issued a ‘‘General Preamble’’ whether the use of the 90/10 split was State under the CAA must be adopted adequately justified, Washington describing EPA’s preliminary views on by such State after reasonable notice how EPA intends to review SIPs and SIP submitted supplemental information on and public hearing. The EPA also must May 10, 1996, documenting that the revisions submitted under Title I of the determine whether a submittal is CAA, [see generally 57 FR 13498 (April PSAPCA had conducted additional complete and therefore warrants further rollback calculations using a 75/25 split, 16, 1992) and 57 FR 18070 (April 28, EPA review and action [see section 1992)]. Because EPA is describing its specifically attributing 75% of the CO 110(k)(1) and 57 FR 13565]. The EPA’s emission sources to local traffic and interpretations here only in broad terms, completeness criteria for SIP submittals the reader should refer to the General are set out at 40 CFR Part 51, Appendix 2 Preamble for a more detailed discussion EPA published a Direct Final Rule on July 25, V (1991), as amended by 57 FR 42216 1996, approving the Puget Sound Carbon Monoxide of the interpretations of Title I advanced (August 26, 1991). The EPA attempts to Attainment Demonstration. Because of an adverse in today’s final rulemaking and the make completeness determinations comment received from the State of New York, EPA supporting rationale. within 60 days of receiving a withdrew the Direct Final Rule on September 6, Those States containing CO 1996. In the July 25, 1996, Federal Register, the SIP submission. However, a submittal is nonattainment areas with design values submittal date for the Attainment Demonstration deemed complete by operation of law if greater than (>) 12.7 parts per million was identified as September 30, 1994. The State of a completeness determination is not (ppm) were required to submit, among Washington Department of Ecology submitted the original Puget Sound CO Attainment Demonstration other things, an attainment 1 Also Section 172(c)(7) of the Act requires that on January 28, 1993. Supplemental information demonstration by November 15, 1992, plan provisions for nonattainment areas meet the which included rollback recalculations for the showing that the plan will provide for applicable provisions of section 110(a)(2). attainment demonstration was submitted in a SIP revision dated September 30, 1994. 53068 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

25% to regional CO sources. This submitted as supplemental information cold weather design value of 8.6 ppm general approach had been approved by by Washington in May 1996 included and a predicted warm weather design EPA in a letter dated October 16, 1992. the following four factors. First, the value of 8.4 ppm, both in Tacoma, the Conservative assumptions used in the additional calculations used the same site of the monitor with the highest 1994 calculations were: (1) All sources base year for emissions and air quality recorded CO measurements. included in the regional emissions in Tacoma. Second, it conservatively A review of 1995 air quality data inventory contribute to ambient assumed that all emissions other than concentrations at monitoring sites entered into the Aerometric Information local traffic emissions were the same in Retrieval System (AIRS) data base uniformly (i.e., distant point sources 1987 as in 1990, when in all likelihood, contribute just as much as motor indicated that the actual 1995 design these emissions were higher in 1987. value for the Tacoma CO monitor was vehicles two blocks away); (2) the Third, the MOBILE5a model was run for attainment demonstration for Tacoma 6.3 ppm. The actual 1995 design value 1987 and 1990 and, using the fleet for the entire nonattainment area was (the site of the highest design value in average emissions factors for CO from 6.5 ppm, significantly below the the nonattainment area) uses 1987 data, these runs, developed a factor by which when the CAA calls for the most recent rollback calculated 1995 design value of to multiply the 1990 mobile source two years of data (1988 and 1989) and 9.0 ppm using the 90/10 split or the emissions to produce a reasonable base year air quality data for all other 1995 cold and warm weather predicted approximation of 1987 mobile source monitoring sites are from 1988 and design values using the 75/25 split in 1989; and (3) the rollback analysis is emissions. (No adjustment was made for traffic volumes, which may have been the recalculations submitted in May based on 1987, 1988, and 1989 air 1996. quality and a 1990 base year for lower in 1987. See Public Comment/ Major control measures used by emissions. A fundamental assumption EPA Response below.) And fourth, as of the rollback approach is that there is noted, the estimated 1987 mobile source Washington during the winter season to a proportional relationship between emissions were input into the rollback effect annual emission reductions were emissions and air quality during a base using a 75/25 split. Separate design the State’s Emission Check Program, the year and emissions and air quality in a values were calculated for cold and expansion of the program into new future year. Use of the same base year warm weather since both cold and areas, and oxygenated fuel. During the for air quality and emissions is the warm weather exceedances had been ‘‘warm season,’’ there was no norm. recorded. The rollback recalculation oxygenated fuel. The following Changes made by PSAPCA in the predicted attainment for both cold and summarizes the 1990 to 1995 emission additional rollback calculations warm weather in 1995, with a predicted inventory reductions.

1990 TO 1995 EMISSION INVENTORY REDUCTIONS

Percent reduction Category Cold Warm weather weather

King County: On-Road Mobile Sources ...... 36.5 25.6 Total Emission Inventory ...... 27.8 15.9 Pierce County: On-Road Mobile Sources ...... 40.0 30.2 Total Emission Inventory ...... 29.7 19.2 Snohomish County: On-Road Mobile Sources ...... 37.5 27.0 Total Emission Inventory ...... 28.5 16.7

These are maximum estimates. measures and other elements in the SIP received. A discussion of those MOBILE5a was used to develop these [see § 110(a)(2)(C)]. There are no specific comments are as follows. figures and assumed a basic inspection enforceability issues related to EPA’s 1. Commenter states that ‘‘the and maintenance program rather than approval of the Central Puget Sound CO exclusive use of rollback modeling does Washington’s specific program. attainment demonstration. General not simulate the ‘hot spot’ scenario and, enforceability issues related to EPA’s 3. Enforceability Issues therefore, is not adequate to address proposed approval of Washington’s urban CO nonattainment.’’ All measures and other elements in redesignation request and maintenance Response: EPA accepts the analyses the SIP must be enforceable by the State plan for the Central Puget Sound CO used by PSAPCA for this area to and EPA (See CAA §§ 172(c)(6), nonattainment area are discussed in the demonstrate attainment of the CO 110(a)(2)(A) and 57 FR 13556). The EPA Federal Register, 61 FR 29515, June 11, standard. (See Response to Comment 2 criteria addressing the enforceability of 1996. below.) The ‘‘rollback’’ approach used SIPs and SIP revisions were stated in a III. Public Comment/EPA Response by PSAPCA was acceptable under EPA September 23, 1987, memorandum guidance in effect at the time the CO (with attachments) from J. Craig Potter, During the public comment period on attainment demonstration was originally Assistant Administrator for Air and EPA’s proposed finding, the Agency submitted by the State of Washington in Radiation, et al. (see 57 FR 13541). received comments from one 1993. Therefore, the rollback approach Nonattainment area plan provisions commenter, the State of New York meets criteria identified in a must also contain a program that Department of Environmental memorandum, ‘‘ ‘Grandfathering’ of provides for enforcement of the control Conservation. No other comments were Requirements for Pending SIP Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53069

Revisions,’’ from Gerald A. Emison, have been no violations of the CO procedures published in the Federal Director, Office of Air Quality Planning NAAQS for five years. Register on January 19, 1989 (54 FR and Standards (June 27, 1988), under 2214–2225), as revised by a July 10, IV. Rulemaking Action which, in certain circumstances, SIPs 1995, memorandum from Mary Nichols, may be approved under guidance EPA is approving the attainment Assistant Administrator for Air and documents that are revised after the demonstration portion of Washington’s Radiation. The Office of Management SIPs are submitted. EPA also recognizes Central Puget Sound CO SIP revision and Budget (OMB) has exempted this that air monitoring in the nonattainment submitted to EPA on September 30, regulatory action from E.O. 12866 area has shown the area to be in 1994, because Washington’s submittal review. attainment of the CO standard since meets the requirements set forth in B. Regulatory Flexibility Act 1991. The Maintenance Plan that EPA section 187(a)(7) of the CAA. proposed to approve on June 11, 1996, Pursuant to Section 553(d)(3) of the Under the Regulatory Flexibility Act, utilizes ‘‘hot spot’’ modeling to project Administrative Procedures Act (APA), 5 U.S.C. 600 et seq., EPA must prepare continued maintenance of the CO this final notice is effective upon the a regulatory flexibility analysis standard for 10 years. EPA believes that date of publication in the Federal assessing the impact of any proposed or actual monitoring data which shows Register. Section 553(d)(3) of the APA final rule on small entities. 5 U.S.C. 603 attainment of the standard confirms the allows EPA to waive the requirement and 604. Alternatively, EPA may certify results of the rollback analysis used in that a rule be published 30 days before that the rule will not have a significant the attainment demonstration. This has the effective date if EPA determines impact on a substantial number of small been further supported by annual CO there is ‘‘good cause’’ and publishes the entities. Small entities include small saturation studies conducted by the grounds for such a finding with the rule. businesses, small not-for-profit Washington Department of Ecology at Under section 553(d)(3), EPA must enterprises, and government entities potential hotspots; virtually all of the balance the necessity for immediate with jurisdiction over populations of highly congested intersections in the Federal enforceability of these SIP less than 50,000. region have been included in these revisions against principles of SIP approvals under section 110 and studies and no exceedances have been fundamental fairness which require that subchapter I, part D of the Clean Air Act recorded. all affected persons be afforded a do not create any new requirements but 2. Commenter states that ‘‘the Puget reasonable time to prepare for the simply approve requirements that the Sound SIP rollback calculation does not effective date of a new rule. United state is already imposing. Therefore, consider growth in Vehicle Miles States v. Gavrilovic, 551 F 2d 1099, because the Federal SIP approval does Traveled (VMT) relying solely on 1105 (8th Cir., 1977). The purpose of the not impose any new requirements, the Mobile5a emission factors to requirement for a rule to be published Administrator certifies that it does not demonstrate the proportional 30 days before the effective date of the have a significant impact on any small relationship between the base year rule is to give all affected persons a entities affected. Moreover, due to the emissions and air quality in the future. reasonable time to prepare for the nature of the Federal-State relationship In the Federal Register supplementary effective date of a new rule. under the CAA, preparation of a information section it states that ‘(n)o EPA is making this rule effective upon flexibility analysis would constitute adjustment was made for traffic October 10, 1996 to provide sufficient Federal inquiry into the economic volumes, which may have been lower in time for necessary rulemaking for the reasonableness of State action. The CAA 1987.’ New York recognizes that growth forthcoming Central Puget Sound forbids EPA to base its actions in VMT can negate or reduce the Carbon Monoxide Redesignation. concerning SIPs on such grounds. benefits from mobile source control Washington will discontinue Union Electric Co. v. U.S. EPA, 427 U.S. measures and should be accounted for implementation of the oxygenated fuel 246, 255–66 (1976); 42 U.S.C. in any attainment demonstration.’’ program in the Seattle-Tacoma-Everett 7410(a)(2). Response: EPA agrees with the Consolidated Metropolitan Statistical Approval of the attainment commenter that VMT growth should Area (CMSA) once approval of the demonstration does not impose any new have been factored into the rollback carbon monoxide maintenance plan requirements on small entities. The calculation. As a result of the becomes effective. As much time as Regional Administrator certifies that the commenter’s concern, PSAPCA possible needs to be provided for State approval of the attainment recalculated the rollback analysis, and local air authorities to notify fuel demonstration will not affect a incorporating VMT growth factors distributors so that distribution plans substantial number of small entities. derived from Highway Performance can be modified in response to these C. Unfunded Mandates Monitoring System (HPMS) VMT data changes. for the Puget Sound area. This Under Section 202 of the Unfunded Nothing in this action should be supplemental information was formally Mandates Reform Act of 1995 construed as permitting or allowing or submitted to EPA by Washington on (‘‘Unfunded Mandates Act’’), signed establishing a precedent for any future September 12, 1996. EPA has reviewed into law on March 22, 1995, EPA must request for revision to any SIP. Each the recalculations, along with the prepare a budgetary impact statement to request for revision to the SIP shall be methodology for deriving the VMT accompany any proposed or final rule considered separately in light of specific growth factors, and is satisfied that the that includes a Federal mandate that methodology used was appropriate and technical, economic and environmental may result in estimated costs to State, that attainment is satisfactorily factors and in relation to relevant local, or tribal governments in the predicted, with a predicted 1995 design statutory and regulatory requirements. aggregate; or to private sector, of $100 value of 8.98 ppm. It should be noted V. Administrative Requirements million or more. Under Section 205, again that the actual 1995 design values EPA must select the most cost-effective for the Tacoma CO monitor and for the A. Executive Order 12866 and least burdensome alternative that Puget Sound CO nonattainment area as This action has been classified as a achieves the objectives of the rule and a whole are significantly lower than this Table 3 action for signature by the is consistent with statutory predicted design value and that there Regional Administrator under the requirements. Section 203 requires EPA 53070 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations to establish a plan for informing and PART 52Ð[AMENDED] DEPARTMENT OF THE INTERIOR advising any small governments that may be significantly or uniquely 1. The authority citation for Part 52 Fish and Wildlife Service impacted by the rule. continues to read as follows: EPA has determined that the approval 50 CFR Part 17 Authority: 42 U.S.C. 7401–7671q. action promulgated does not include a RIN 1018±AD46 Federal mandate that may result in Subpart WWÐWashington estimated costs of $100 million or more Endangered and Threatened Wildlife to either State, local, or tribal 2. Section 52.2470 is amended by and Plants; Determination of governments in the aggregate, or to the adding paragraph (c)(62) to read as Endangered or Threatened Status for private sector. This Federal action follows: Nineteen Plant Species From the approves pre-existing requirements Island of Kauai, Hawaii under State or local law, and imposes § 52.2470 Identification of plan. AGENCY: Fish and Wildlife Service, no new Federal requirements. * * * * * Accordingly, no additional costs to Interior. State, local, or tribal governments, or to (c) * * * ACTION: Final rule. the private sector, result from this (62) On September 30, 1994, the action. Director of WDOE submitted to the SUMMARY: The U.S. Fish and Wildlife Service (Service) determines D. Submission to Congress and the Regional Administrator of EPA a revision to the Carbon Monoxide State endangered status pursuant to the General Accounting Office Endangered Species Act of 1973, as Implementation Plan for, among other amended (Act), for 17 plants: Under 5 U.S.C. § 801(a)(1)(A) as things, the CO attainment Alsinidendron lychnoides added by the Small Business Regulatory demonstration for the Central Puget Enforcement Fairness Act of 1996, EPA (kuawawaenohu), Alsinidendron Sound carbon monoxide nonattainment submitted a report containing this rule viscosum (No common name (NCN)), area. This was submitted to satisfy and other required information to the Cyanea remyi (haha), Cyrtandra U.S. Senate, the U.S. House of federal requirements under section cyaneoides (mapele), Delissea rivularis Representatives and the Comptroller 187(a)(7) of the Clean Air Act, as (’oha), Hibiscadelphus woodii (hau General of the General Accounting amended in 1990, as a revision to the kuahiwi), Hibiscus waimeae ssp. Office prior to publication of the rule in carbon monoxide State Implementation hannerae (koki’o ke’oke’o), Kokia today’s Federal Register. This rule is Plan. kauaiensis (koki’o), Labordia tinifolia not a major rule as defined by 5 U.S.C. (i) Incorporation by reference. var. wahiawaensis (kamakahala), Phyllostegia knudsenii (NCN), § 804(2). (A) September 30, 1994, letter from Phyllostegia wawrana (NCN), WDOE to EPA submitting an attainment E. Petitions for Judicial Review Pritchardia napaliensis (loulu), Under section 307(b)(1) of the CAA, demonstration revision for the Central Pritchardia viscosa (loulu), Schiedea petitions for judicial review of this Puget Sound CO nonattainment area helleri (NCN), Schiedea membranacea action must be filed in the United States (adopted on September 30, 1994); a (NCN), Schiedea stellarioides Court of Appeals for the appropriate supplement letter and document from (laulihilihi), and Viola kauaensis var. circuit by December 9, 1996. Filing a WDOE, ‘‘Reexamination of Carbon wahiawaensis (nani wai’ale’ale). The petition for reconsideration by the Monoxide Attainment Demonstration Service also determines threatened Administrator of this final rule does not for the Tacoma Carbon Monoxide status for two plant species: Cyanea affect the finality of this rule for the Monitoring Site for the Supplement to recta (haha) and Myrsine linearifolia purposes of judicial review nor does it the State Implementation Plan for (kolea). All of the species are endemic extend the time within which a petition Washington State, A Plan for Attaining to the island of Kauai, Hawaiian Islands. for judicial review may be filed, and and Maintaining National Ambient Air The 19 plant taxa and their habitats shall not postpone the effectiveness of Quality Standards for Carbon Monoxide have been variously affected or are such rule or action. This action may not in the Puget Sound Nonattainment currently threatened by one or more of be challenged later in proceedings to Area,’’ dated May 10, 1996; and a the following: competition, predation or enforce its requirements. (See section supplement letter and document from habitat degradation from introduced 307(b)(2).) WDOE, ‘‘Revisions to the May 1996 species, natural disasters, and trampling List of Subjects in 40 CFR Part 52 Reexamination of Carbon Monoxide by humans. This rule implements the Attainment Demonstration for the Federal protection provisions provided Environmental protection, Air by the Act. Listing under the Act also pollution control, Carbon monoxide, Tacoma Carbon Monoxide Monitoring Site’’, dated September 12, 1996. triggers listed status for these 19 taxa Incorporation by reference, under State law. Intergovernmental relations, Reporting [FR Doc. 96–25980 Filed 10–9–96; 8:45 am] EFFECTIVE DATE: This rule takes effect and recordkeeping requirements. BILLING CODE 6560±50±P November 12, 1996. Dated: September 26, 1996. ADDRESSES: The complete file for this Chuck Clarke, rule is available for inspection, by Regional Administrator. appointment, during normal business Note: Incorporation by reference of the hours at the U.S. Fish and Wildlife Implementation Plan for the State of Service, 300 Ala Moana Boulevard, Washington was approved by the Director of Room 3108, P.O. Box 5088, Honolulu, the Office of Federal Register on July 1, 1982. Hawaii 96850. Part 52, chapter I, title 40 of the Code FOR FURTHER INFORMATION CONTACT: of Federal Regulations is amended as Brooks Harper, Field Supervisor, follows: Ecological Services (see ADDRESSES Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53071 section) (telephone: 808/541–3441; Kauai has undergone extreme and March (Gagne and Cuddihy 1990). facsimile: 808/541–3470). alterations because of past and present Lowland mesic forests often grade into land use. Land with rich soils was lowland wet forests that are typically SUPPLEMENTARY INFORMATION: altered by the early Hawaiians and, found on the windward sides of islands Background more recently, converted to agricultural or in sheltered leeward situations Alsinidendron lychnoides, use (Gagne and Cuddihy 1990) or between 100 and 1,200 m (330 and Alsinidendron viscosum, Cyanea recta, pasture. Intentional or inadvertent 3,940 ft) elevation. The rainfall in this Cyanea remyi, Cyrtandra cyaneoides, introduction of alien plant and animal lowland wet community may exceed Delissea rivularis, Hibiscadelphus species has also contributed to the 500 cm (200 in) per year. These forests woodii, Hibiscus waimeae ssp. reduction of native vegetation on the were once the predominant vegetation hannerae, Kokia kauaiensis, Labordia island of Kauai. Native forests are now on Kauai but now exist only on steep tinifolia var. wahiawaensis, Myrsine limited to the upper elevation mesic and rocky terrain or cliff faces. The substrate linearifolia, Phyllostegia knudsenii, wet regions within Kauai’s conservation is generally well-drained soils that may Phyllostegia wawrana, Pritchardia district. The 19 taxa in this final rule support tree canopies up to 40 m (130 napaliensis, Pritchardia viscosa, occur in that district, between 150 and ft) in height (Cuddihy and Stone 1990, Schiedea helleri, Schiedea 1,310 m (500 and 4,300 ft) elevation, Gagne and Cuddihy 1990). The habitat membranacea, Schiedea stellarioides, within large State-owned tracts of of eight of the 19 taxa in this final rule and Viola kauaensis var. wahiawaensis natural area reserves, forest reserves, extends to the higher elevation montane are endemic to the island of Kauai. and parks, and smaller privately owned mesic or wet forests. Alsinidendron The island of Kauai is the tracts. Most of the taxa persist on steep lychnoides, Delissea rivularis, and northernmost and oldest of the eight slopes, precipitous cliffs, valley Schiedea helleri are the only taxa found major Hawaiian Islands (Foote et al. headwalls, and other regions where strictly within these montane unsuitable topography has prevented communities, which typically occur 1972). This highly eroded island, agricultural development or where above 910 m (3,000 ft) elevation (Hawaii characterized by deeply dissected inaccessibility has limited Heritage Program (HHP) 1994a). The canyons and steep ridges, is 1,430 encroachment by alien animal and plant annual rainfall in montane communities square kilometers (sq km) (553 sq miles species. may exceed 700 cm (280 in) (Gagne and (mi)) in area (Department of Geography The 19 taxa in this final rule are Cuddihy 1990). 1983). Kauai was formed about six distributed mostly in the northern and The land that supports these 19 plant million years ago by a single shield northwestern portions of the island and taxa is owned by various private parties volcano. Its caldera, once the largest in grow in a variety of vegetation and the State of Hawaii (including State the Hawaiian Islands, now extends communities (shrublands, forests, and parks, forest reserves, and natural area about 16 km (10 mi) in diameter and mixed communities), elevational zones reserves). comprises the extremely wet, elevated (lowland to montane), and moisture Discussion of the 19 Plant Taxa tableland of Alakai Swamp (Department regimes (dry to wet). Only one species, Included in This Final Rule of Geography 1983). Because the highest Pritchardia napaliensis, is found in point on Kauai, at Kawaikini Peak, is lowland dry communities. These once Alsinidendron lychnoides was first only 1,598 m (5,243 ft) in elevation abundant communities are now described by Wilhelm Hillebrand (1888) (Walker 1990), it lacks the contrasting fragmented due to fire, development, as Schiedea lychnoides based on a leeward montane rainfall patterns found and the ingression of alien plants and specimen collected by Valdemar on other Hawaiian islands that have animals. Lowland dry forests in Hawaii Knudsen (between about 1853 and higher mountain systems. Rainfall is are characterized by an annual rainfall 1871) above Waimea, Kauai. While both distributed throughout the upper of 50 to 200 cm (20 to 80 in) that falls Hillebrand and Amos Heller (1897) elevations, especially at Mount between November and March, and a believed that there were good reasons to Waialeale, Kauai’s second highest point well-drained, highly weathered place Schiedea lychnoides in the genus at 1,569 m (5,148 ft) in elevation substrate rich in aluminum (Gagne and Alsinidendron, it wasn’t until 1944 that (Walker 1990) and one of the wettest Cuddihy 1990). Earl Sherff transferred the species to this spots on earth, where annual rainfall Most populations of the 19 taxa in genus. averages 1,145 centimeters (cm) (450 this final rule are in lowland mesic or Alsinidendron lychnoides, a member inches (in)) (Wagner et al. 1990). To the wet shrubland or forest communities. of the pink family (Caryophyllaceae), is west of the Alakai Swamp is the deeply Lowland mesic shrublands lie between a weakly climbing or sprawling dissected Waimea Canyon, extending 16 30 and 850 m (100 and 2,790 ft) subshrub. The main stems are 0.4 to 3 km (10 mi) in length and up to 1.6 km elevation and are characterized by an m (1.3 to 9.8 ft) long with short side (1 mi) in width. Later volcanic activity open or closed canopy up to 3 m (10 ft) branches. The plant is woody, at least at on the southeastern flank of the volcano tall with little or no herbaceous layer the base, and densely covered with fine formed the smaller Haupu caldera. development. These shrublands usually glandular hairs throughout. The thin Subsequent erosion and collapse of its occur in habitats where forests cannot leaves are egg-shaped to elliptic and are flank formed Haupu Ridge (Macdonald develop, such as on cliffs, ridges, and 3.5 to 6.5 cm (1.4 to 2.6 in) long and 1.5 et al. 1983). One of the island’s most steep slopes. The annual rainfall of 100 to 3.8 cm (0.6 to 1.5 in) wide. Scattered famous features is the Na Pali Coast, to 200 cm (40 to 80 in) falls primarily clusters of 18 to 21 flowers range from where stream and wave action have cut during the winter months (Gagne and 2 to 2.4 cm (0.8 to 0.9 in) in length. The deep valleys and eroded the northern Cuddihy 1990). Lowland mesic forest four sepals are white and thin, and coast to form precipitous cliffs as high communities lie between 30 and 1,600 remain so at maturity. The outer two as 910 m (3,000 ft) (Joesting 1984). m (100 and 5,250 ft) elevation and are sepals greatly overlap the inner ones. Because of its age and relative characterized by a 2 to 20 m (6.5 to 65 The sepals are oblong-ovate, 10 to 12 isolation, levels of floristic diversity and ft) canopy and a diverse understory of millimeters (mm) (0.4 to 0.5 in) long, endemism are higher on Kauai than on shrubs, herbs, and ferns. The annual but enlarge to 12 to 16 mm (0.5 to 0.6 any other island in the Hawaiian rainfall of 120 to 380 cm (45 to 150 in) in) long in fruit, completely enclosing archipelago. However, the vegetation of falls predominantly between October the fruit at maturity. The stamens are 53072 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations scarcely fused at the base with basal extinction from naturally occurring HPCC discovered a population of 11 outgrowths 2.5 to 3.5 mm (0.1 in) long, events (such as landslides or hurricanes) mature plants on the ridge between nearly as wide, and two- to three- and/or reduced reproductive vigor due Waialae and Nawaimaka valleys. In toothed. The fruit are egg-shaped to the small number of extant 1993, another 20 to 30 plants were capsules, 9 to 12 mm (0.4 to 0.5 in) long, individuals (Center for Plant discovered in the same general area on with 8 to 11 valves. The black seeds are Conservation (CPC) 1990; HHP 1994b1, a north-facing ridge in Nawaimaka approximately 1 mm (0.04 in) long with 1994b5, 1994b6; HPCC 1992a; M. Valley. In 1992, Timothy Flynn and low transverse ridges on the surface. Bruegmann, in litt. 1994). David Lorence of the National Tropical This species is distinguished from Horace Mann, Jr. (1866) originally Botanical Garden (NTBG) located 10 others in this endemic Hawaiian genus described Alsinidendron viscosum as plants along the Mohihi-Waialae Trail. by the weakly climbing or sprawling Schiedea viscosa based on a collection The two known populations (two habit, color of the sepals, number of he made with William Brigham subpopulations in Nawaimaka Valley flowers per cluster, and size of the (between 1864 and 1865) on Kauai and one population on Mohihi-Waialae leaves. Alsinidendron lychnoides is (Wagner et al. 1990). He chose the Trail) total between 40 and 60 mature closely related to Alsinidendron specific name in reference to the sticky plants on State-owned land. One viscosum, which differs primarily in hairs covering the whole plant. Later, population is within the Alakai having narrower leaves, fewer capsule Sherff (1944) placed the taxon in the Wilderness Preserve (Flynn and Lorence valves, and fewer flowers per cluster genus Alsinidendron based on a 1992; HHP 1994c4; HPCC 1993a1, (Wagner et al. 1990). reassessment of this species and 1993a2; Yoshioka 1992; Flynn and Historically, Alsinidendron Schiedea lychnoides, as suggested by Wood, NTBG, pers. comms. 1994). lychnoides has been found on the east Hillebrand (1888) and Heller (1897). Alsinidendron viscosum is typically rim of Kalalau Valley near Keanapuka, Alsinidendron viscosum, a member of found at elevations between 820 and the western and southeastern margins of the pink family, is a weakly climbing or 1,070 m (2,700 and 3,510 ft), on steep the Alakai Swamp, and southwest of the sprawling subshrub. The stems are 0.6 slopes in Acacia koa (koa)-’ohi’a Swamp near Kaholuamano on the island to 3 m (2.0 to 9.8 ft) long, and densely lowland mesic or wet forest. Associated of Kauai (HHP 1994b2 to 1994b4, covered with fine glandular hairs plant species include Alyxia oliviformis 1994b7; Wagner et al. 1990). This throughout. The thin and membranous (maile), Bobea sp. (’ahakea), Carex sp., species is extant on State-owned land in leaves are narrowly elliptic and are 2.5 Dodonaea viscosa (’a’ali’i), Ilex anomala the Alakai Swamp, including the Alakai to 5 cm (1.0 to 2.0 in) long and 0.8 to (’aiea), Melicope sp. (alani), Pleomele Wilderness Preserve, and on State- 1.8 cm (0.3 to 0.7 in) wide. Usually sp. (hala pepe), and Psychotria sp. owned land on the east rim of Kalalau three to nine flowers are arranged in (kopiko) (HHP 1994c4; HPCC 1993a1, Valley. This latter population occurs on loose clusters with stalks ranging from 1993a2; Flynn and Lorence 1992; the boundary of Hono O Na Pali Natural 2 to 3.5 cm (0.8 to 1.4 in) long. The four Wagner et al. 1990; K. Wood, pers. Area Reserve (NAR) and Na Pali Coast sepals are white, thin, and membranous, comm. 1994). State Park. The four known populations and remain so at maturity. The outer Destruction of habitat by feral pigs contain a total of between 50 and 100 two sepals greatly overlap the inner and goats (Capra hircus); competition plants (HHP 1994b1, 1994b5, 1994b6; ones. The sepals are oblong in shape with the alien plant species prickly Hawaii Plant Conservation Center and 8 to 9 mm (0.3 in) long, but enlarge Florida blackberry, Lantana camara (HPCC) 1992a; Wood and Perlman to approximately 12 mm (0.5 in) long in (lantana), and Melinis minutiflora 1993a; Yoshioka 1992; Diane Ragone, fruit, completely enclosing the fruit at (molasses grass); and a risk of extinction National Tropical Botanical Garden maturity. The stamens are sparsely from naturally occurring events and/or (NTBG), in litt. 1995). Alsinidendron fused at the base and the basal reduced reproductive vigor, due to the lychnoides typically grows in montane outgrowths are about 3 mm (0.1 in) long, small number of extant populations and wet forest dominated by Metrosideros nearly as wide, and two-toothed. The individuals, are the major threats to polymorpha (’ohi’a) and Cheirodendron fruits are egg-shaped capsules, 8 to 12 Alsinidendron viscosum (HHP 1994c4; sp. (’olapa), or by ’ohi’a and mm (0.3 to 0.5 in) long, and opening by HPCC 1993a1, 1993a2; S. Perlman, and Dicranopteris linearis (uluhe), trailing five to seven valves. The seeds are dark K. Wood, NTBG, pers. comms. 1994; on the ground or on other vegetation, reddish brown, and approximately 0.8 Christa Russell, The Nature and at elevations between 1,100 and mm (0.03 in) long with a minutely hairy Conservancy of Hawaii (TNCH), in litt. 1,320 m (3,600 and 4,330 ft). Associated surface. This species is distinguished 1994). plant species include Athyrium sp., from others in this endemic Hawaiian While a member of the Austrian East Carex sp., Cyrtandra sp. (ha’iwale), genus by the weakly climbing or Asiatic Exploring Expedition, Dr. Machaerina sp. (’uki), Vaccinium sp. sprawling habit, color of the sepals, Heinrich Wawra collected a new (’ohelo), Peperomia sp. (’ala ’ala wai number of flowers per cluster, and size lobelioid on Kauai which he later nui), Hedyotis terminalis (manono), of the leaves. Alsinidendron viscosum is described and named Delissea recta Astelia sp. (pa’iniu), and Broussaisia closely related to Alsinidendron (Wawra 1873). In 1888, Hillebrand arguta (kanawao) (HHP 1994b5, 1994b6; lychnoides, which differs primarily in transferred this species to the genus HPCC 1992a; Wagner et al. 1990; Marie having wider leaves and more capsule Cyanea, and this is the name accepted M. Bruegmann, U.S. Fish and Wildlife valves and flowers per cluster (Wagner in the current treatment of the family Service, in litt. 1994). et al. 1990). (Lammers 1990). Other published names The major threats to Alsinidendron Historically, Alsinidendron viscosum that Lammers (1990) considers to be lychnoides are competition from the was known from the Kaholuamano, synonymous with Cyanea recta include aggressive alien plant species Rubus Kokee, Halemanu, Nawaimaka, and Cyanea larrisonii, Cyanea rockii, argutus (prickly Florida blackberry), Waialae areas of northwestern Kauai Cyanea salicina, Delissea larrisonii, and habitat degradation by feral pigs (Sus (HHP 1994c1 to 1994c3). This species Delissea rockii (Rock 1915, St. John scrofa), and trampling by humans. One had not been seen since Charles Noyes 1987b, Wimmer 1968). plant has died since Hurricane ’Iniki Forbes’ 1917 collection near Cyanea recta, a member of the struck Kauai in September 1992. This Kauaikinana in Kokee when, in 1991, bellflower family, is an unbranched species is also threatened by a risk of Steven Perlman and Kenneth Wood of shrub 1 to 1.5 m (3.3 to 4.9 ft) tall. The Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53073 narrowly elliptic leaves are 12 to 28 cm rosifolius (thimbleberry), Clidemia hirta shrubby habit; relatively slender, (4.7 to 11 in) long and 1.2 to 5 cm (0.5 (Koster’s curse), Crassocephalum unarmed (lacking prickles) stems; to 2 in) wide, with minutely toothed crepidioides, Deparia petersenii, smooth or minutely toothed leaves; margins. The upper surface is green and Erechtites valerianifolia (fireweed), densely hairy flowers; the shape of the smooth, while the lower surface is Melastoma candidum, Paspalum calyx lobes; length of the calyx and whitish green to pale green, and smooth conjugatum (Hilo grass), Sacciolepis corolla, and length of the corolla lobe or hairy. Five to seven flowers are indica (Glengrass), and Youngia relative to the floral tube (Lammers and arranged on an inflorescence stalk 7 to japonica (Oriental hawksbeard) Lorence 1993). 10 cm (3 to 4 in) long, each having an (Lorence and Flynn 1993a, 1993b; Wood Cyanea remyi was originally known individual stalk 5 to 17 mm (0.2 to 0.7 and Perlman 1993b; K. Wood, pers. only from Remy’s nineteenth century in) in length. The densely hairy flowers comm. 1994). collection. In 1991, after more than 130 are purple or white with purple The French naturalist and ethnologist years, Cyanea remyi was rediscovered in longitudinal stripes, 30 to 40 mm (1.2 to Ezechiel Jules Remy first collected the Blue Hole on Kauai by botanists 1.6 in) long, and 3 to 4 mm (0.1 to 0.2 Cyanea remyi on Kauai or Niihau from NTBG. Currently, this species is in) wide, with spreading lobes. The between 1851 and 1855. The specimen, known from four widely separated staminal column is smooth or sparsely labelled as an unidentified Delissea, locations in northeastern and hairy at the base. The anthers are languished in the herbarium of the southeastern Kauai: a population of 14 covered with minute epidermal Natural History Museum in Paris until plants in Waioli Valley; several hundred projections, the lower two with tufts of Joseph Rock formally described it and plants at the base of Mount Waialeale; white hairs at the tip. The fruit is an egg- named it in honor of the collector, in about 140 to 180 plants in the Wahiawa shaped, purple berry. Cyanea recta is 1917. In the current treatment of the Mountains, near Hulua; and a distinguished from other species in the family, Lammers (1990) surmised that population of about ten to 50 plants on genus that grow on Kauai by the the taxon may be synonymous with the summit plateau of the Makaleha following collective characteristics: Cyanea truncata due, at that time, to the Mountains. This species, therefore, horizontal or ascending inflorescence, inadequate material available for study. totals over several hundred plants on narrowly elliptic leaves 12 to 28 cm (4.7 However, several recent collections by State and private land. Cyanea remyi is to 11 in) long, flat leaf margins, and botanists from NTBG have confirmed usually found in lowland wet forest or purple berries (Lammers 1990). the distinctness of this species shrubland at an elevation of 360 to 930 Historically, Cyanea recta was known (Lammers 1993; Thomas Lammers, m (1,180 to 3,060 ft). Associated plant from scattered locations of northeastern Field Museum of Natural History, and S. species include hame, kanawao, ’ohi’a, and central Kauai, including upper Perlman, pers. comms. 1994). Freycinetia arborea (’ie’ie), and Hanalei Valley, Waioli Valley, Cyanea remyi, a member of the Perrottetia sandwicensis (olomea) (HHP Hanapepe Valley, Kalalau cliffs, bellflower family, is a shrub 0.9 to 2 m 1992, 1994e; HPCC 1991a1, 1991a2, Wainiha Valley, Makaleha Mountains, (3 to 6.6 ft) tall with generally 1992c; Lorence and Flynn 1991, 1993a, Limahuli Valley, Powerline Trail, and unbranched stems 1 to 2.5 cm (0.4 to 1 1993b). the Lehua Makanoe-Alakai area (HHP in) in diameter. The stems are erect, Competition with the alien plant 1994d1 to 1994d7). Currently, six unarmed (lacking prickles), dark purple species fireweed, Hilo grass, Psidium populations of this species, totalling and hairy toward the apex, and brown cattleianum (strawberry guava), approximately 500 to 1,500 individuals, and hairless below. The leaves are thimbleberry, and Melastoma are found on State and private land in broadly elliptic, egg-shaped, or broadly candidum; habitat degradation by feral the following areas: upper Waioli oblong, and 16 to 40 cm (6 to 16 in) long pigs; browsing by goats; predation by Valley, with more than 150 plants; and 9.5 to 19.5 cm (3.7 to 7.7 in) wide. rats; unidentified slugs that feed on the Wainiha Valley, with several hundreds The upper leaf surface is green, glossy, stems; and a risk of extinction from of plants; Makaleha Mountains, with an and hairless. The lower leaf surface is naturally occurring events, due to the estimated 123 plants; Limahuli Valley whitish green and glossy with scattered small number of remaining populations, with fewer than 50 plants; Powerline short white hairs on the midrib and are the major threats to Cyanea remyi Trail with a single plant; and the back veins. The leaf margins are hardened (HPCC 1991a1, 1991a2, 1992c; Lorence of Hanalei Valley with an unknown and slightly toothed. The inflorescence and Flynn 1991, 1993b; S. Perlman, number of plants (HHP 1994d3, 1994d8 rises upward, contains six to 13 flowers, pers. comm. 1994). to 1994d10; HPCC 1992b, 1993c1, and is covered with short white hairs. In 1909, Rock collected a plant 1993c2; Lorence and Flynn 1993a, The dark maroon sepal lobes are specimen on Kauai that he named 1993b; K. Wood and S. Perlman, pers. triangular or narrowly triangular, Cyrtandra cyaneoides (Rock 1913a). The comms. 1994). Cyanea recta grows in spreading or ascending, and 4 to 6 mm specific epithet refers to the lowland wet or mesic ’ohi’a forest or (0.2 in) long and 1 to 2 mm (0.04 to 0.08 resemblance of this distinctive plant to shrubland, usually in gulches or on in) wide. The tubular flowers, 40 to 53 a species of the endemic Hawaiian slopes, and typically from 400 to 940 m mm (2 in) long, have two lips, are dark genus Cyanea. (1,300 to 3,070 ft) elevation. Associated purple (shading to purplish white at the Cyrtandra cyaneoides, a member of plant species include kopiko, apex of the lobes on their inner surface), the African violet family (Gesneriaceae), Antidesma sp. (hame), Cheirodendron and are densely covered with short is an erect or ascending, fleshy, platyphyllum (lapalapa), Cibotium sp. white hairs. The flower tube is curved, unbranched shrub, about 1 to 1.3 m (3.3 (hapu’u), and Diplazium sp. (HHP 1992; 30 to 31 mm (1 in) long and 5 to 5.5 mm to 4.3 ft) tall. The opposite, symmetrical, HPCC 1992b, 1993c1, 1993c2; Lammers (0.2 in) in diameter. The staminal egg-shaped leaves are fleshy and 1990; Lorence and Flynn 1993a, 1993b). column is slightly protruding. The leathery, 40 to 55 cm (16 to 22 in) long The major threats to Cyanea recta are maroon or dark purple fruit is a round and 22 to 35 cm (9 to 14 in) wide. The bark removal by rats; habitat berry, 10 to 13 mm (0.4 to 0.5 in) in upper surface of the toothed leaves is degradation by feral pigs; browsing by diameter, with orange flesh and small wrinkled with impressed veins and goats; and competition with the alien projections on the outer surface. Cyanea sparsely covered with long hairs. The plant species Blechnum occidentale remyi is distinguished from others in lower surface has raised veins and is (blechnum fern), lantana, Rubus the genus that grow on Kauai by its sparsely covered with hairs. The leaf 53074 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations stalks are 4.5 to 14 cm (1.8 to 5.5 in) landslides and hurricanes). Feral pigs reduced reproductive vigor and/or a risk long and winged. The white flowers, are reported to occur in lower Wainiha of extinction from naturally occurring covered with shaggy brown hairs, arise Valley; however, no evidence exists of events due to the small number of from the leaf axils in small dense their incursion into the upper valley to remaining individuals in the single clusters. The corolla tube (fused petals) date (HHP 1994f2; HPCC 1993d; remaining population (HPCC 1993e; S. is narrowly funnelform, curved near the Lorence and Flynn 1993a, 1993b; S. Perlman, pers. comm. 1994). middle, about 25 mm (1 in) long, and Perlman, pers. comm. 1994). In 1991, several new species were hairless. The corolla lobes are elliptic In 1909, Rock collected a plant collected by K. Wood, M. Query, and and about 7 mm (0.3 in) long. The specimen on Kauai that he later named Steve Montgomery on the cliff walls of bilaterally symmetrical calyx is spindle- Cyanea rivularis (Rock 1913b). In 1943, Kalalau Valley, Kauai, including a new shaped in bud and about 26 to 36 mm F.E. Wimmer transferred this species to species in the endemic Hawaiian genus (1 to 1.4 in) in length when the flower Delissea, and Lammers (1990) concurred Hibiscadelphus. Hibiscadelphus woodii is fully open, but falls off after the in the current treatment of this endemic was described in 1995 by Lorence and flower matures. The fruit is an egg- Hawaiian genus. The specific epithet Warren Wagner (1995; Wood and shaped berry which is covered with refers to streams or brooks, the typical Perlman 1993a; D. Lorence and K. shaggy hairs, at least when young. habitat of this plant. Wood, pers. comms. 1994). Although poorly known, Cyrtandra Delissea rivularis, a member of the Hibiscadelphus woodii, a member of cyaneoides is a very distinctive species bellflower family, is a shrub, the mallow family (Malvaceae), is a (Wagner et al. 1990). It differs from unbranched or branched near the base, small branched tree 2.5 to 5 m (8.2 to others of the genus that grow on Kauai with hairy stems 4 to 5 m (13 to 16 ft) 16.4 ft) tall with a rounded crown. The by being a succulent, erect or ascending long. The leaves are arranged in a leaves have stalks 2.8 to 5.8 cm (1.1 to shrub and having a bilaterally rosette at the tips of the stems. The 2.3 in) long, with star-shaped hairs symmetrical calyx that is spindle- elliptic to lance-shaped leaves are 20 to when young which are mostly lost as shaped in bud and that falls off after 30 cm (8 to 12 in) long and 3 to 8 cm the leaf matures. Awl-shaped stipules, flowering; leaves with a wrinkled (1.2 to 3.2 in) wide, with minutely also covered with star-shaped hairs, are surface, 40 to 55 cm (16 to 22 in) long toothed margins. Both leaf surfaces are found at the base of the leaf stalk. The and 22 to 35 cm (9 to 14 in) wide; and covered with hairs. Six to twelve leaf blade is ovate, 7 to 9 cm (2.6 to 3.5 berries with shaggy hairs (Wagner et al. flowers are arranged on an inflorescence in) long, and 6.5 to 8.4 cm (2.6 to 3.3 1990). stalk 4 to 8 cm (1.6 to 3.2 in) long, each in) wide. Star-shaped hairs are scattered Cyrtandra cyaneoides was originally having an individual stalk 10 to 15 mm along the veins of the leaves. The leaf known only from the type collection (0.4 to 0.6 in) in length. The curved, margins are irregularly and coarsely made at Kaholuamanu 80 years ago, hairy flowers are white with blue toothed with the teeth either pointed or along the trail to Waialae Valley on the longitudinal stripes, 30 to 40 mm (1.2 to rounded. Flowers are borne individually island of Kauai (HHP 1994f1, Wagner et 1.6 in) long, with one dorsal knob. The on stalks 1.4 to 2.1 cm (0.6 to 0.8 in) al. 1990). In 1991, botanists from NTBG fruit is a spherical, dark purple berry 10 long with star-shaped hairs. Below each discovered a population of 50 to 100 to 15 mm (0.4 to 0.6 in) in diameter. flower are four to six bracts 11 to 15 mm individuals at Namolokama above This species is distinguished from (0.4 to 0.6 in) long and 1.8 to 4 mm (0.07 Lumahai Valley. Three additional others of the genus by the color, length, to 0.16 in) wide. The calyx is tubular, populations were discovered over the and curvature of the corolla; shape of 1.3 to 1.5 cm (0.5 to 0.6 in) long, green, next 2 years: one plant on the Makaleha the leaves; and presence of hairs on the shallowly lobed, and moderately hairy Plateau; more than 300 plants in stems, leaves, flower clusters, and with star-shaped hairs. The corolla is Wainiha Valley; and one plant in upper corolla (Lammers 1990). 4.5 to 4.7 cm (1.8 to 1.9 in) long, yellow Waioli Valley for a total of between 350 Historically, Delissea rivularis was with a coppery tinge when fresh which and 400 plants (HHP 1994f2; Lorence known from Waiakealoha waterfall rapidly turns purplish-maroon. The and Flynn 1993a, 1993b; Wood and (location unknown), Waialae Valley, staminal column extends about 7 mm Perlman 1993b). The four known Hanakoa Valley, and Kaholuamano on (0.3 in) beyond the lobes of the corolla. populations occur on private and State the island of Kauai (HHP 1994g1 to Fruits are not known from this species. land, between 550 and 1,220 m (1,800 1994g3, Lammers 1990). This species, Hibiscadelphus woodii differs from the and 4,000 ft) elevation. This species recently recollected after almost 80 other known Kauai species by typically grows on steep slopes or cliffs years, is now known only from the differences in leaf surface and near streams or waterfalls in lowland or upper Hanakoa Valley stream area of involucral bract characters, and by montane wet forest or shrubland northwestern Kauai (HPCC 1993e; S. flower color (Lorence and Wagner 1995; dominated by ’ohi’a or a mixture of Perlman, pers. comm. 1994). This D. Lorence, pers. comm. 1994). ’ohi’a and uluhe. Associated species population of 15 to 20 plants, scattered Hibiscadelphus woodii is known only include Boehmeria grandis (’akolea), over an area of more than 100 sq m from the site of its discovery in Kalalau Pipturus sp. (mamaki), ’olapa, ’uki, (1,100 sq ft), is on State land within the Valley on the island of Kauai within the Athyrium sp., and Hedyotis sp. Hono O Na Pali NAR at about 1,190 m Na Pali Coast State Park, from about 990 (manono) (Lorence and Flynn 1993a, (3,900 ft) elevation. Delissea rivularis is to 1,000 m (3,250 to 3,280 ft) elevation. 1993b; Wood and Perlman 1993b). found on steep slopes in ’ohi’a-’olapa Only four trees of this species are The major threat to Cyrtandra montane wet or mesic forest, near known. The plants grow on cliff walls cyaneoides is competition with alien streams. Associated native species in an ’ohi’a montane mesic forest with plant species such as fireweed, Hilo include kanawao, Athyrium sp., Carex alani, Dubautia sp. (na’ena’e), Lepidium grass, thimbleberry, Deparia petersenii, sp., Coprosma sp. (pilo), and Sadleria serra (’anaunau), Lipochaeta sp. (nehe), and Drymaria cordata (pipili). Because sp. (’ama’u) (HPCC 1993e; Lammers Lysimachia sp., Chamaesyce sp. of the small number of known 1990; S. Perlman, pers. comm. 1994). (’akoko), manono, Nototrichium sp. populations, this species is especially The major threats to Delissea rivularis (kulu’i), Myrsine sp. (kolea), and the vulnerable to extinction by reduced are competition with the encroaching federally endangered species Stenogyne reproductive vigor and/or naturally alien plant prickly Florida blackberry, campanulata, Lobelia niihauensis, and occurring events (for example, habitat destruction by feral pigs, and Poa mannii (Mann’s bluegrass) (HPCC Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53075

1991c; Lorence and Wagner 1995; D. the petals, and length of the calyx (Bates hairs. The curved petals, 10 to 15 cm (4 Lorence and K. Wood, pers. comms. 1990). to 6 in) long, are twisted at the base and 1994). Three collections of Hibiscus densely covered with yellowish, silky Habitat degradation by feral goats and waimeae ssp. hannerae are known, all hairs. The fruit is an egg-shaped pigs, competition and invasion by the from the island of Kauai (HHP 1994i2). capsule. The egg-shaped seeds are 10 to alien plant species Erigeron The Kalihiwai population of this 12 mm (0.4 to 0.5 in) long and densely karvinskianus (daisy fleabane), nectar subspecies is apparently extinct and the covered with reddish, woolly hairs up robbing by Japanese white-eye two remaining populations are found in to 10 mm (0.4 in) long. This species is (Zosterops japonicus), and a risk of adjacent valleys on Kauai’s northern distinguished from others of this extinction from naturally occurring coast on State and private land, and endemic Hawaiian genus by the length events (e.g., rock slides) and/or reduced total between 75 and 125 individuals. of the bracts surrounding the flower reproductive vigor, due to the small Between 50 and 100 plants are scattered head, number of lobes and the width of number of existing individuals in the over a 100 sq m (1,100 sq ft) area along the leaves, the length of the petals, and only known population, are the major the stream in Limahuli Valley, and the length of the hairs on the seeds threats to Hibiscadelphus woodii (HPCC another 50 or so plants were distributed (Bates 1990). 1991c; Lorence and Wagner 1995; D. over a 10 to 100 sq m (110 to 1,100 sq Kokia kauaiensis is known from six Lorence, pers. comm. 1994). ft) area below the cliffs in the back of scattered populations on northwestern Reverend John Mortimer Lydgate Hanakapiai Valley before Hurricane Kauai, but only five of these populations collected Hibiscus waimeae ssp. ’Iniki (HPCC 1990a, 1991d). After the have been relocated within the last six hannerae on Kauai in 1913, and more hurricane, only 25 plants remain in years (HHP 1994j1 to 1994j4). The five than 60 years passed before it was Hanakapiai Valley (M. Bruegmann, in extant populations are found on State collected again, in 1978, by Perlman. litt. 1994). In Limahuli Valley, H. land in the following areas: Paaiki Otto and Isa Degener named Lydgate’s waimeae ssp. hannerae is growing in an Valley; Mahanaloa-Kuia Valley junction collection as a variety of H. waimeae in ’ohi’a-uluhe lowland wet forest between within or on the boundary of Kuia NAR; 190 and 560 m (620 and 1,850 ft) honor of Mrs. Ruth Knudsen Hanner, a the western side of Kalalau Valley, and elevation. At this location, associated supporter of their work on Kauai Pohakuao Valley, both within Na Pali species include ’ahakea, ’ama’u, haha, (Degener and Degener 1962). David M. Coast State Park; and Koaie Stream ha’iwale, and Syzygium sp. The Bates, the author of the current branch of Waimea Canyon, where some Hanakapiai Valley population is treatment of the Hawaiian members of plants may be within the boundary of growing in Pisonia sp. (papala kepau)— the family, elevated the plant to the Alakai Wilderness Preserve. The Charpentiera elliptica (papala) lowland subspecies rank (Bates 1989, 1990). three largest populations contain mesic forest with ’ahakea, hame, kopiko, between 30 and 70 individuals each, Hibiscus waimeae ssp. hannerae, a mamaki, and the alien species Aleurites with the others each numbering fewer member of the mallow family, is a gray- moluccana (kukui), between 220 and than 10 individuals. Estimates of the barked tree, 6 to 10 m (20 to 33 ft) tall, 370 m (720 and 1,200 ft) (Bates 1990; total number of individuals range from with star-shaped hairs densely covering HHP 1990a, 1994i1, 1994i2; HPCC 145 to 170 (HHP 1994j1, 1994j3 to its leaf and flower stalks and branchlets. 1990a, 1991d). The circular to broadly egg-shaped The major threats to Hibiscus 1994j6; Joel Lau, Hawaii Heritage leaves are usually 5 to 18 cm (2 to 7 in) waimeae ssp. hannerae are habitat Program, and S. Perlman, pers. comms. long and 3 to 13 cm (1.2 to 5 in) wide. degradation by feral pigs; competition 1994). This species typically grows in The strongly fragrant flowers are borne with alien plant species, including diverse mesic forest at elevations singly near the ends of the branches on thimbleberry, Koster’s curse, and between 475 and 795 m (1,960 and flower stalks 2 to 3 cm (0.8 to 1.2 in) lantana; and a risk of extinction from 2,600 ft). Associated species include long. The calyx is tubular, normally 3 to naturally occurring events (e.g., ’ahakea, koa, kukui, Diospyros 4.5 cm (1.2 to 1.8 in) long, with lobes hurricanes) and/or reduced sandwicensis (lama), manono, hala 8 to 15 mm (0.2 to 0.6 in) long. The reproductive vigor due to the small pepe, papala, Nestegis sandwicensis flaring petals are white when the flower number of remaining populations (HHP (olopua), and ’ohi’a (Bates 1990; HHP opens in the morning, but fade to 1994i2, 1994i3; HPCC 1990a, 1991d; M. 1990a, 1994j1, 1994j3 to 1994j6; HPCC pinkish in the afternoon. The petals, Bruegmann, in litt. 1994). 1990b1 to 1990b3; Wood and Perlman usually 4 to 6 cm (1.6 to 2.4 in) long, In 1919, Rock and Augustus Knudsen 1993a; M. Bruegmann, in litt. 1994; J. are basally attached to the staminal collected a specimen of a tree that Rock Lau, pers. comm. 1994). column to form a tube about 1.5 cm (0.6 (1919) named as Kokia rockii var. Competition with and habitat in) long. The exserted staminal column kauaiensis. Later, Otto Degener and degradation by the invasive alien plant is up to 15 cm (6 in) long and reddish Albert Duvel (1934) elevated the variety species lantana, Passiflora ligularis to crimson at the tip. The filaments arise to a full species, Kokia kauaiensis. The (sweet granadilla), thimbleberry, in the upper half of the staminal column current treatment of the family upholds Kalanchoe pinnata (air plant), and spread up to 2.5 cm (1 in) long. The this designation (Bates 1990). strawberry guava, and Triumfetta fruit is a cartilaginous, egg-shaped Kokia kauaiensis, a member of the semitriloba (Sacramento bur); substrate capsule 1.8 to 2.5 cm (0.7 to 1 in) long mallow family, is a tree 5 to 10 m (16.4 loss; habitat degradation and browsing and hairless. Two subspecies are to 33 ft) tall. The seven- or nine-lobed, by feral goats and mule deer recognized, both occurring on Kauai: circular leaves are 12 to 25 cm (5 to 10 (Odocoileus hemionus); predation by ssp. hannerae and ssp. waimeae. in) wide with a heart-shaped base. The rats, which eat the seeds; and a risk of Subspecies hannerae is distinguished solitary, brick-red flowers are clustered extinction from naturally occurring by having larger leaves but smaller near the ends of the branches on stout events due to the small number of flowers (Bates 1990). The species is flower stalks 3 to 9 cm (1.2 to 3.5 in) remaining populations are the major distinguished from others of the genus long. The broadly egg-shaped floral threats affecting the survival of Kokia by the position of the anthers along the bracts are 4 to 6 cm (1.5 to 2.4 in) long kauaiensis (HHP 1994j1, 1994j3 to staminal column, length of the staminal and hairless except toward the base, 1994j6; HPCC 1990b1 to 1990b3; Wood column relative to the petals, color of which has a sparse covering of long, soft and Perlman 1993a; M. Bruegmann, in 53076 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations litt. 1994; J. Lau, S. Perlman, and K. The primary threats to the remaining grows in mesic to wet ’ohi’a forests that Wood, pers. comms. 1994). individuals of Labordia tinifolia var. are sometimes co-dominant with ’olapa Based upon a specimen collected by wahiawaensis are competition with the or uluhe from 585 to 1,280 m (1,920 to Perlman on Kauai in 1980, Harold St. alien plant strawberry guava, habitat 4,200 ft) elevation (HHP 1994L2, John (1984) described Labordia tinifolia degradation by pigs, trampling by 1994L3, 1994L5, 1994L7; HPCC 1991f5; var. wahiawaensis, naming it for the humans, and a risk of extinction from Wood and Perlman 1993a; J. Lau and K. Wahiawa Mountains where it was first naturally occurring events and/or Wood, pers. comms. 1994). The largest collected. reduced reproductive vigor due to the population, located in Kalalau Valley, Labordia tinifolia var. wahiawaensis, small number of individuals in the only contains several hundreds of a member of the logania family known population (HPCC 1991e1, individuals (S. Perlman, pers. comm. (Loganiaceae), is a shrub or small tree, 1991e2; S. Perlman, pers. comm. 1994). 1994). The remaining five populations usually 2 to 8 m (6.6 to 26.2 ft) tall. The Lydgate first collected Myrsine total about 100 plants; hence, young branches are cylindrical or nearly linearifolia on Kauai in 1912. Edward approximately 1,000 to 1,500 so and hairless. The elliptic to lance- Hosaka (1940) chose the specific epithet individuals are known for the entire shaped leaves are usually 4.5 to 21 cm to describe its distinctive linear- species. Plants growing in association (1.8 to 8.3 in) long and 2 to 5 cm (0.8 lanceolate curved leaves. In an action with this species include ’ahakea, ’aiea, to 2 in) wide. The membranous leaves that was not supported by other alani, Eurya sandwicensis (anini), are medium green, hairless, and the taxonomists, Otto and Isa Degener kopiko, Lysimachia sp., and native veins are not impressed on the upper (1971, 1975) transferred several species ferns. leaf surface. Normally, 9 to 12 hairless from the genus Myrsine to the genus Competition with alien plants such as flowers are clustered on a downward Rapanea based upon minute floral daisy fleabane, lantana, prickly Florida curving inflorescence stalk 9 to 22 mm features. The currently accepted blackberry, strawberry guava, (0.35 to 0.9 in) long, each having an treatment of the Hawaiian members of thimbleberry, and air plant, and habitat individual stalk 8 to 11 mm (0.2 to 0.4 the family follows Hosaka’s earlier, degradation by ungulates such as pigs broad concept of Myrsine (Wagner et al. and goats are major threats to Myrsine in) in length. The pale yellowish green 1990). linearifolia (HPCC 1991f1 to 1991f5, flower is narrowly urn-shaped, 17 to 19 Myrsine linearifolia, a member of the 1993f; J. Lau, S. Perlman, and K. Wood, mm (0.7 to 0.75 in) long. The tubular myrsine family (Myrsinaceae), is a pers. comms. 1994). portion of the flower is 5.5 to 7.8 mm branched shrub, 2.5 to 8 m (8.2 to 26.2 Hillebrand (1888) described (0.2 to 0.3 in) long with long, white ft) tall. The slightly fleshy, linear leaves Phyllostegia knudsenii from a specimen hairs inside, while the egg-shaped lobes are 5 to 9 cm (1.7 to 3 in) long, 0.25 to collected by Knudsen in the 1800s. He are 1.7 to 2.3 mm (0.07 to 0.09 in) long. 0.4 cm (0.09 to 0.14 in) wide, often chose the specific epithet to honor the The fruit is an egg-shaped capsule, 8 to yellowish purple toward the base, and collector. 17 mm (0.2 to 0.7 in) long, usually with tend to be clustered toward the upper Phyllostegia knudsenii, a member of two valves and an apex with a beak 0.5 branches. The margins of the leaves are the mint family (Lamiaceae), is an erect, to 1.5 mm (0.02 to 0.1 in) long. Three smooth and roll slightly toward the perennial herb or vine. The opposite varieties of Labordia tinifolia are underside of the leaf. One to three leaves are limp, ovate, faintly recognized: var. lanaiensis on Lanai and apparently perfect (containing male and pubescent, 11.5 to 18 cm (4.5 to 7 in) Molokai, var. tinifolia on Kauai and four female parts) flowers, on stalks 1 to 4.2 long, and 5.1 to 9 cm (2 to 3.5 in) wide. other islands, and var. wahiawaensis, mm (0.04 to 0.17 in) long, occur in Flowers are borne in groups of two to endemic to Kauai. Variety wahiawaensis clusters among the leaves. The greenish four along a flower stalk 4 to 6.5 cm (1.6 is distinguished from the other two by petals are inversely lance-shaped, about to 2.6 in) long. The corolla is 6 to 8 mm its larger corolla. This species differs 2.2 to 2.5 mm (0.09 to 0.1 in) long, and (0.2 to 0.3 in) long. The fruits are four from others of the genus by having a also have margins fringed with hairs. At black fleshy nutlets in each flower and long common flower cluster stalk, maturity, the fruits are black elliptic- are 1.5 to 2 mm (0.06 to 0.8 in) long. hairless young stems and leaf surfaces, shaped drupes, about 6 mm (0.2 in) This species differs from others in this transversely wrinkled capsule valves, long. This species is distinguished from genus in its specialized flower stalk. It and corolla lobes usually 1.7 to 2.3 mm others of the genus by the shape, length, differs from the closely related (0.1 in) long (Wagner et al. 1990). and width of the leaves, length of the Phyllostegia floribunda in often having Labordia tinifolia var. wahiawaensis petals, and number of flowers per four flowers per group (Hillebrand 1888, is only known from the Wahiawa cluster (Wagner et al. 1990). HPCC 1993j, Sherff 1935, Wagner et al. Drainage in the Wahiawa Mountains of Historically, Myrsine linearifolia was 1990). Kauai from about 630 to 740 m (2,070 known from nine scattered locations on Until 1993, Phyllostegia knudsenii to 2,430 ft) elevation on privately owned Kauai: Olokele Valley, Kalualea, Kalalau was only known from the type land, within a 0.8 by 1.2 km (0.5 by 0.75 Valley and Kahuamaa Flat, Limahuli- collection made in the 1800s, from the mi) area (HHP 1994k; HPCC 1991e1, Hanakapiai Ridge, Koaie Stream, woods of Waimea (HHP 1991a, 1991e2; Lorence and Flynn 1991). More Pohakuao, Namolokama Summit Hillebrand 1888, Sherff 1935, Wagner et than 100 plants were known from the Plateau, and Haupu (HHP 1994L1, al. 1990). In 1993, botanists at NTBG area before Hurricane ’Iniki swept over 1991L4, 1994L6, 1994L9). This species rediscovered one individual of this Kauai in 1992. During a 1994 visit to the is currently known from six populations species in Koaie Canyon. This species is area, only 20 to 30 surviving individuals on State and private land: Kalalau found in ’ohi’a lowland mesic forest at were found (S. Perlman, pers. comm. Valley including Kahuamaa Flat above 865 m (2,840 ft) elevation. Associated 1994). The plants grow along streams in Kalalau, Limahuli-Hanakapiai Ridge, species include olomea, Cyrtandra lowland wet forests dominated by ’ohi’a Wahiawa Drainage, Koaie Stream, kauaiensis (ulunahele), Cyrtandra and often in association with ’olapa or Pohakuao, and Namolokama Summit paludosa (moa), Elaeocarpus bifidus uluhe. Plants found in association with Plateau (HHP 1994L2, 1994L3, 1994L5, (kalia), Cryptocarya mannii (holio), this taxon include ha’iwale, hame, 1994L7; HPCC 1991f5; Wood and Doodia kunthiana, Selaginella kopiko, manono, and Athyrium sp. Perlman 1993a; J. Lau, pers. comm. arbuscula, lama, Zanthoxylum (HPCC 1991e1, 1991e2). 1994). Myrsine linearifolia typically dipetalum (a’e), Pittosporum sp. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53077

(ho’awa), Pouteria sandwicensis (’ala’a), Passiflora mollissima (banana poka), a total of fewer than 90 known and Pritchardia minor (loulu) (HPCC prickly Florida blackberry, Melastoma individuals for this species (HHP 1993j; S. Perlman, pers. comm. 1994). candidum, fireweed, and daisy fleabane 1994m1, 1994m2; HPCC 1991g; S. Major threats to Phyllostegia (HPCC 1993k1, 1993k2). Perlman and K. Wood, pers. comms. knudsenii include habitat degradation St. John described Pritchardia 1994). Several associated plant species by pigs and goats; competition with napaliensis based upon a specimen besides those mentioned above include alien plant species such as pipili, Hilo collected by Charles Christensen on hala pepe, kopiko, Cordyline fruticosa grass, lantana, and air plant; and a risk Kauai in 1976 (St. John 1981). He named (ti), Cheirodendron trigynum (’olapa), of extinction from naturally occurring this plant for the Na Pali Coast of Kauai and Ochrosia sp. (holei) (HHP 1994m1, events (e.g., landslides) and reduced where it was first collected. 1994m2; HPCC 1990c1, 1990c2, 1991g). reproductive vigor due to the small Pritchardia napaliensis, a member of Major threats to Pritchardia number of individuals in the only the palm family (Arecaceae), is a small napaliensis include habitat degradation known population (HPCC 1993j). palm with about 20 leaves and an open and/or grazing by goats and pigs; seed Phyllostegia wawrana was described crown. The palm ranges from 4 to 6 m predation by rats; competition with the by Sherff (1934) from a collection made (13 to 20 ft) tall and has a slender trunk alien plants air plant, daisy fleabane, in the 1800s. Sherff chose the specific measuring 18 to 20 cm (7 to 8 in) in lantana, Psidium guajava (common epithet to honor the collector, Dr. diameter. The green leaf blades are guava), and possibly ti; and a risk of Heinrich Wawra. about 85 cm (33.5 in) long and are extinction from naturally occurring Phyllostegia wawrana, a member of almost flat (irrespective of the events and/or reduced reproductive the mint family, is a perennial vine that longitudinal folds). The lower leaf vigor due to the small number of is woody toward the base and has long, surface is covered with elliptic, pale, remaining populations and individuals crinkly hairs along the stem. The leaves thin, flexible, and somewhat translucent (HPCC 1990c1, 1990c2, 1991g; Donald are opposite, ovate, and covered with scales with fringed margins. Upon Hodel, Univ. of California and County of hairs, especially along the veins of the maturity, the leaves are almost smooth Los Angeles Cooperative Extension, in lower surface. The leaves are 10.5 to 20 and the leaf segments are lax, flexible, litt. 1995). cm (4.1 to 7.8 in) long and 4 to 11 cm and droop with increasing age. The Pritchardia viscosa was first described (1.6 to 4.3 in) wide. Flowers are borne flowers are arranged in branched by Rock in 1921, based on a specimen in groups of four to six along a leafy clusters about 14 cm (5.5 in) long which he collected on Kauai a year earlier flower stalk with one or two short are equal or shorter in length than the (Beccari and Rock 1921). The specific lateral branches. Each of these lateral leaf stalks. Each flower is associated epithet refers to the very viscous branches have a pair of leaves at the with a small, bristly bract. Bracts inflorescence, calyx, and corolla. base. The corolla tube is about 10 mm associated with the flowers or flower Pritchardia viscosa, a member of the (0.03 in) long, with an upper lip about stalks are sparsely and inconspicuously palm family, is a small palm 3 to 8 m 2 mm (0.08 in) long. The fruits are four coated with scales which are usually (10 to 26 ft) tall. The lower surface of greenish-black nutlets in each flower lost at maturity. The black fruits are 1.7 the leaf blades is silvery grey and and are about 2 mm (0.8 in) long. This to 2.3 cm (0.7 to 0.9 in) long, 1.4 to 1.8 covered with small scales. The species may be related to Phyllostegia cm (0.6 to 0.7 in) in diameter, and inflorescences are about the same length floribunda and Phyllostegia knudsenii, inversely egg-shaped. This species is as the leaf stalks and consist of one to but has a less specialized flower stalk distinguished from others of the genus three loosely branched panicles, each (Degener 1946, Sherff 1934, Wagner et that grow on Kauai by having about 20 about 15 to 20 cm (6 to 8 in) long. The al. 1990). flat leaves with pale scales on the lower flowers occur in two opposite rows and Phyllostegia wawrana was reported surface that fall off with age, are extremely sticky and shiny. The from Hanalei in the 1800s and was last inflorescences with hairless main axes, elliptic, pear-shaped fruit are up to 4 cm observed along Kokee Stream in 1926, and globose fruits less than 3 cm (1.2 in) (1.6 in) long and about 2.5 cm (1 in) until 1993 when NTBG botanists found long (Read and Hodel 1990). wide. This species differs from others of two populations on State-owned land. Pritchardia napaliensis is known from the genus that grow on Kauai by the Currently there are a total of 20–30 three locations on the island of Kauai on degree of hairiness of lower surface of individuals in the Makaleha Mountains State-owned land: Hoolulu and the leaves and main axis of the flower and five or six in Honopu Valley (HHP Waiahuakua valleys in the Hono O Na cluster, and length of the flower cluster 1991b1, 1991b2; HPCC 1993k1, 1993k2; Pali NAR and Alealau in Kalalau Valley (Read and Hodel 1990). Sherff 1934, 1935; Wagner et al. 1990; (within or close to the boundaries of Historically, Pritchardia viscosa was D. Ragone, in litt. 1995). This species Hono O Na Pali NAR and Na Pali Coast known only from the 1920 collection grows in ’ohi’a-dominated forest with State Park) (HHP 1994m1, 1994m2; K. from Kalihiwai Valley on the island of either ’olapa or uluhe as codominant Wood, pers. comm. 1994). This species Kauai (HHP 1994n2). It was not seen species. Associated species include is not known to occur anywhere else again until 1990, when naturalist John Diplazium sandwichianum, ’ohelo, (HHP 1994m1, 1994m2). Pritchardia Obata and NTBG botanist Ken Wood kanawao, kolea, kopiko, Dubautia napaliensis typically grows in a wide observed it in the same general area as knudsenii (na’ena’e), Scaevola procera variety of habitats ranging from lowland Rock’s type locality off the Powerline (naupaka kuahiwi), Gunnera sp., dry to mesic forests to montane wet Road at 510 m (1,680 ft) elevation on Pleomele aurea (hala pepe), Claoxylon forests dominated by lama and State land (HHP 1994n1; Obata, pers. sandwicense (po’ola), Elaphoglossum sometimes, kukui, ’ohi’a, and uluhe comm. 1991; S. Perlman, pers. comm. sp., ’ala ’ala wai nui, manono, hapu’u, from 150 to about 1,160 m (500 to about 1994). This population of one juvenile ’ama’u, ho’awa, ’uki, and Syzygium 3,800 ft) elevation (HHP 1994m1, and two mature plants comprise the sandwicensis (’ohi’a ha) (HPCC 1993k1, 1994m2; HPCC 1990c1, 1990c2, 1991g; only known extant individuals; three 1993k2). S. Perlman and K. Wood, pers. comms. additional plants from this population The major threats to Phyllostegia 1994). The largest population in were destroyed by Hurricane ’Iniki in wawrana include degradation of habitat Hoolulu Valley contains between 60 and 1992. The plants are found in an ’ohi’a- by feral pigs and competition with alien 80 plants and the two other populations uluhe lowland wet forest associated plant species such as thimbleberry, each contain hree or fewer plants, giving with plant species including ’aiea, 53078 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

’ahakea, hame, hapu’u, and kopiko (S. pers. comm. 1994). Other native plants number of plants of this species Perlman, pers. comm. 1994). growing in association with this remaining in Paaiki Valley is not Strawberry guava and alien grasses population include hapu’u, kanawao, known, about 200 to 250 individuals are such as Hilo grass are major threats to ’olapa, Cyanea hirtella (haha), Dianella known in the other five populations Pritchardia viscosa because these alien sandwicensis (’uki’uki), and Viola (HHP 1994p1 to 1994p3; S. Perlman and plants are effective competitors for wailenalenae (HPCC 1993g). The K. Wood, pers. comms. 1994). This space, light, nutrients, and water. Rats federally endangered Poa sandvicensis species is typically found on cliffs and are known to eat the fruit of Pritchardia is also found here (M. Bruegmann, in cliff bases in a wide variety of mesic to viscosa and are, therefore, a serious litt. 1994). wet habitats between 520 and 1,160 m threat to the reproductive success of this Competition with the noxious alien (1,700 and 3,800 ft) elevation. The species (S. Perlman, pers. comm. 1994). plant prickly Florida blackberry and a vegetation ranges from open to closed At least one of the remaining mature risk of extinction from naturally lowland to montane shrubland to forest trees has been damaged by spiked boots occurring events and/or reduced communities with either a variety of used either by a botanist or seed reproductive vigor, due to the small canopy and understory species or collector to scale these trees (Hodel, in number of extant individuals in the only dominated by kukui, mamaki, or ’ohi’a litt. 1995; Mehrhoff, in litt. 1994). Also, known population, are serious threats to (HHP 1994p1 to 1994p3; HPCC 1990d1 because of the small numbers of Schiedea helleri (HPCC 1993g). Pigs to 1990d3, 1991h, 1993h; S. Perlman, individuals in the only known have not yet been reported from this pers. comm. 1994). population, this species is susceptible to drainage, but pose a potential threat Habitat degradation by feral ungulates extinction because a single naturally since they are found in nearby areas (M. (mule deer, goats, and pigs); occurring event (e.g., a hurricane) could Bruegmann, in litt. 1994). competition with the alien plant species destroy all remaining plants. Robert Hobdy collected a specimen of daisy fleabane, lantana, prickly Florida In 1895, Heller collected a plant Schiedea membranacea on Kauai in blackberry, thimbleberry, strawberry specimen on Kauai that Sherff (1943) 1969. St. John (1972) later described and guava, Ageratina adenophora (Maui later named Schiedea helleri in honor of named the taxon. The specific epithet pamakani), A. riparia (Hamakua its collector. Listed as possibly extinct refers to the membranous texture of the pamakani), and banana poka; and in the current treatment of the family leaves. landslides are the primary threats to (Wagner et al. 1990), Schiedea helleri Schiedea membranacea, a member of Schiedea membranacea (CPC 1990; was recently collected on Kauai by the pink family, is a perennial herb. The HPCC 1990d1 to 1990d3, 1991h, 1993h; botanists from NTBG (HPCC 1993g). unbranched, fleshy stems rise upwards Schiedea helleri, a member of the from near the base and are somewhat Wood and Perlman 1993a; M. pink family, is a vine. The stems, sprawling. They are 0.5 to 1 m (1.6 to Bruegmann, in litt. 1994; S. Perlman, smooth below and minutely hairy 3.3 ft) long with internodes 6 to 12 cm pers. comm. 1994). above, are probably prostrate and at (2.4 to 4.7 in) long. During dry seasons, Mann and Brigham first collected a least 0.15 m (0.5 ft) long with internodes the plant dies back to a woody, short specimen of Schiedea stellarioides in at least 4 to 15 cm (1.6 to 6 in) long. The stem at or beneath the ground surface. the mountains of Kauai between 1864 opposite leaves are somewhat thick and The oppositely arranged leaves, 13 to 20 and 1865. Benedict Hochreutiner (1925) range from 10 to 14 cm (4 to 5.5 in) long cm (5 to 8 in) long and 5 to 8 cm (2 to and Sherff (1943, 1945, 1954) described and 4.5 to 6 cm (1.8 to 2.4 in) wide. The 3.2 in) wide, are broadly elliptic to egg- several varieties of this species, leaves are triangular, egg-shaped to shaped, generally thin, have five to characterized only by slight differences heart-shaped, conspicuously three- seven longitudinal veins, and are in leaf shape and size, that are not veined, and nearly hairless to sparsely sparsely covered with short, fine hairs. recognized in the current treatment of covered with short, fine hairs, especially The perfect flowers have no petals, are the family (Wagner et al. 1990). along the margins. The perfect flowers numerous, and occur in large branched Schiedea stellarioides, a member of occur in loose, open branched clusters, clusters. The inflorescences are about 25 the pink family, is a slightly erect to each branch being 20 to 26 cm (8 to 10.2 to 27 cm (10 to 10.6 in) long. The prostrate subshrub 0.3 to 0.6 m (1 to 2 in) long. The flower contains three purple, lance-shaped sepals are about 2 ft) tall with branched stems and styles and probably ten stamens. The mm (0.08 in) long and have thin, dry, internodes generally 3.5 to 6.5 cm (1.4 fruits are capsules, about 3 to 3.4 mm membranous margins. The flowers to 2.5 in) long. The opposite leaves are (0.12 to 0.13 in) long. This species contain three to five styles and probably very slender to oblong-elliptic, 2.7 to 8.2 differs from others of the genus that ten stamens. The capsular fruits, 2.5 to cm (1.1 to 3.2 in) long, 0.2 to 1.3 cm (0.1 grow on Kauai by its viney habit 3 mm (0.1 to 0.12 in) long, are purple to 0.5 in) wide, and one-veined. The (Wagner et al. 1990). at the apex. This species differs from perfect flowers lack petals and occur in Schiedea helleri was originally known others of the genus that grow on Kauai open branched clusters. The only from a single location above by having five- to seven-nerved leaves inflorescence ranges from 15 to 32 cm Waimea, at Kaholuamano on the island and an herbaceous habit (Wagner et al. (6 to 12.6 in) long. The flower stalks are of Kauai, collected 100 years ago (HHP 1990). 7 to 10 mm (0.28 to 0.4 in) long and the 1994o). In 1993, this species was Schiedea membranacea is known narrowly egg-shaped sepals are 2.9 to discovered on a steep wall above a side from six current populations on the 3.3 mm (0.11 to 0.13 in) long. The stream off Mohihi Stream, western side of the island of Kauai: flowers contain ten stamens, three approximately 5.6 km (3.5 mi) north of Mahanaloa-Kuia, Paaiki, Kalalau, styles, and a two-lobed nectary. The the original location (HPCC 1993g). The Nualolo, Wainiha and Waialae valleys capsular fruits are 2.2 to 3.4 mm (0.09 only known population consists of 30 to on State (including Kuia NAR and Na to 0.13 in) long and contain tiny, dark 40 mature individuals found on a steep Pali Coast State Park) and privately brown, circular to kidney-shaped, cliff in closed ’ohi’a-uluhe montane wet owned land (HHP 1994p1 to 1994p3; slightly wrinkled seeds. This species is forest on State-owned land, within or Wood and Perlman 1993a; S. Perlman distinguished from others of the genus close to the Alakai Wilderness Preserve, and K. Wood, pers. comms. 1994). This that grow on Kauai by the number of at approximately 1,070 m (3,500 ft) species is not known to have occurred veins in the leaves, shape of the leaves, elevation (HPCC 1993g; S. Perlman, at any other locations. Although the presence of a leaf stalk, length of the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53079 flower cluster, and shape of the seeds hairless, the upper ones being three- were considered to be threatened. On (Wagner et al. 1990). lobed and about 1 to 1.6 mm (0.04 to July 1, 1975, the Service published a Historically, Schiedea stellarioides 0.06 in) long. The fruit is a deeply lobed notice in the Federal Register (40 FR was known from the sea cliffs of capsule 8 to 13 mm (0.3 to 0.5 in) long. 27823) of its acceptance of the Hanakapiai Beach, Kaholuamano- Two varieties of this species are Smithsonian report as a petition within Opaewela region, the ridge between recognized, both occurring on Kauai: the context of section 4(c)(2) (now Waialae and Nawaimaka valleys, and var. kauaensis and var. wahiawaensis. section 4(b)(3)) of the Act, and giving Haupu Range on the island of Kauai Variety wahiawaensis is distinguished notice of its intention to review the (HHP 1994q1 to 1994q3). This species is by having broadly wedge-shaped leaf status of the plant taxa named therein. now known only from the ridge between bases, whereas var. kauaensis has heart- As a result of that review, on June 16, Waialae and Nawaimaka valleys on shaped to truncate leaf bases. The 1976, the Service published a proposed State land, just 0.8 km (0.5 mi) species is distinguished from others of rule in the Federal Register (41 FR northwest of the Kaholuamano- the genus by its non-woody habit, 24523) to determine endangered status Opaewela region (HHP 1994q4). This widely spaced leaves, and by having pursuant to section 4 of the Act for population of approximately 500 to two types of flowers: conspicuous, open approximately 1,700 vascular plant 1,000 individuals is found on steep flowers and smaller, unopened flowers species, including all of the above taxa slopes in a closed koa-’ohi’a lowland to (Wagner et al. 1990). considered to be endangered. The list of montane mesic forest between 610 and Viola kauaensis var. wahiawaensis is 1,700 plant taxa was assembled on the 1,120 m (2,000 and 3,680 ft) elevation known only from the Wahiawa basis of comments and data received by (HHP 1994q4, HPCC 1993i). The plants Mountains of Kauai on privately owned the Smithsonian Institution and the are scattered in an approximately 2 km land (HHP 1994r, Lorence and Flynn Service in response to House Document (1.25 mi) by 0.3 km (0.2 mi) area. 1991). This taxon is not known to have No. 94–51 and the July 1, 1975, Federal Associated plant species include ’a’ali’i, occurred beyond its current range. Register publication. alani, ’uki’uki, Bidens cosmoides (po’ola Fewer than 100 individuals are known General comments received in nui), Mariscus sp., and Styphelia to remain in Kanaele Swamp (often response to the 1976 proposal are tameiameiae (pukiawe) (HHP 1994q4). referred to as Wahiawa Bog), an open summarized in an April 26, 1978, The primary threats to this species bog surrounded by low scrub of ’ohi’a, Federal Register publication (43 FR include habitat degradation by feral uluhe, and ’ohi’a ha at about 640 m 17909). In 1978, amendments to the Act ungulates (pigs and goats), direct (2,100 ft) elevation. Another eight plants destruction of plants by goats, are on a nearby ridge between Mount required that all proposals over two competition with the alien plants Kapalaoa and Mount Kahili in wet years old be withdrawn. A one-year molasses grass and prickly Florida shrubland dominated by uluhe- grace period was given to proposals blackberry, and a risk of extinction of Diplopterygium pinnatum ground cover, already over two years old. On the one remaining population from with scattered ’ohi’a and Syzygium sp., December 10, 1979, the Service naturally occurring events (HPCC 1993i; at about 865 m (2,840 ft) elevation (HHP published a notice in the Federal S. Perlman, pers. comm. 1994). 1994r; Lorence and Flynn 1991; K. Register (44 FR 70796) withdrawing the Forbes collected a specimen of Viola Wood, pers. comm. 1994). portion of the June 16, 1976, proposal kauaensis var. wahiawaensis on Kauai The primary threats to Viola that had not been made final, along with in 1909. In 1920, he described the kauaensis var. wahiawaensis are a risk four other proposals that had expired. variety, naming it for Wahiawa Bog of extinction from naturally occurring The Service published an updated where it was first collected. events and/or reduced reproductive notice of review for plants on December Viola kauaensis var. wahiawaensis, a vigor due to the small number of 15, 1980 (45 FR 82479), September 27, member of the violet family (Violaceae), existing populations and individuals, 1985 (50 FR 39525), February 21, 1990 is a perennial herb with upward curving habitat degradation through the rooting (55 FR 6183), and September 30, 1993 or weakly rising, hairless, lateral stems activities of feral pigs, and competition (58 FR 51144). Fourteen of the species about 10 to 50 cm (4 to 20 in) long. The with alien plants such as Juncus in this proposal (including synonymous kidney- to heart-shaped leaves are planifolius and Pterolepis glomerata taxa) were at one time or another usually 2 to 5 cm (0.8 to 2 in) long and (HHP 1994r; Lorence and Flynn 1991; K. considered either category 1 or category 3.5 to 6 cm (1.4 to 2.4 in) wide, and Wood, pers. comm.1994). 2 candidates for Federal listing. widely spaced. The toothed leaf blades Category 1 species were those for which are unlobed or rarely three-lobed, Previous Federal Action the Service had on file substantial hairless or covered with a few minute Federal action on these plants began information on biological vulnerability hairs, with a broadly wedge-shaped as a result of section 12 of the and threats to support preparation of base. The solitary flowers are borne in Endangered Species Act (16 U.S.C. listing proposals but for which listing the leaf axils. Two types of flowers are 1533), which directed the Secretary of proposals were not published because present. One is self-pollinating and does the Smithsonian Institution to prepare a they were precluded by other listing not open, while the other opens and report on plants considered to be activities. Category 2 species were those requires cross-pollination. The flowers endangered, threatened, or extinct in the for which listing as endangered or that open have hairless petals which are United States. This report, designated as threatened was possibly appropriate, white on the upper surface and purple House Document No. 94–51, was but for which sufficient data on or blue to white on the lower surface. presented to Congress on January 9, biological vulnerability and threats was These petals are narrowly spatula- 1975. In that document, Hibiscus not currently available. Schiedea shaped, the upper petals measuring waimeae ssp. hannerae (as H. waimeae), membranacea and Kokia kauaiensis about 15 to 19 mm (0.6 to 0.7 in) long, Kokia kauaiensis, Myrsine linearifolia were considered category 2 species in the lateral ones about 18 to 23 mm (0.7 (as Myrsine linearifolia var. linearifolia), all notices of review prior to the to 0.9 in) long, and the lower ones about Phyllostegia knudsenii, and Viola February 28, 1996, Federal Register 18 to 23 mm (0.7 to 1 in) long. The non- kauaensis var. wahiawaensis were notice which discontinued the opening flowers usually occur on short considered to be endangered. Delissea designation of categories for candidate lateral stems. Their greenish petals are rivularis and Schiedea membranacea species. In the 1980 and 1985 notices, 53080 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Myrsine linearifolia (as M. linearifolia further requires all petitions pending on this final rule. One letter suggested var. linearifolia), Phyllostegia knudsenii, October 13, 1982, be treated as having listing Pritchardia napaliensis as and Viola kauaensis var. wahiawaensis been newly submitted on that date. On threatened rather than endangered were considered category 1 species. In October 13, 1983, the Service found that based on observations made over 20 the 1990 and 1993 notices, Myrsine the petitioned listing of these taxa was years ago. However, current linearifolia and Viola kauaensis var. warranted, but precluded by other distribution, population, and threat wahiawaensis were moved to category 2 pending listing actions, in accordance information supports the designation of status. Phyllostegia knudsenii was with section 4(b)(3)(B)(iii) of the Act; endangered status for Pritchardia considered category 3A in the 1990 notification of this finding was napaliensis. notice. Category 3A species were those published on January 20, 1984 (49 FR The Service also solicited the expert for which the Service has persuasive 2485). Such a finding requires the opinions of three appropriate and evidence of extinction. Delissea Service to consider the petition as independent specialists regarding rivularis was considered a category 2 having been resubmitted, pursuant to pertinent scientific or commercial data species in the 1980 and 1985 notices, section 4(b)(3)(C)(i) of the Act. The and assumptions relating to the but was believed to be extinct and finding was reviewed annually in taxonomy, population models, and considered category 3A in the 1990 October of 1984 through 1993. supportive biological and ecological notice. In the 1985 notice, Publication of the proposed rule information for these 19 species. No Alsinidendron viscosum, Schiedea constituted the final 12-month finding responses were received. helleri, and Schiedea stellarioides were for these taxa. considered category 1*, and were On September 25, 1995, the Service Summary of Factors Affecting the moved to category 3A in the 1990 published in the Federal Register (60 Species notice. Category 1* species were those FR 49359) a proposal to list 17 plant which were possibly extinct. Cyanea taxa as endangered and 2 plant taxa as After a thorough review and recta and Phyllostegia wawrana were threatened, from the island of Kauai. consideration of all information considered category 3A species in the This proposal was based primarily on available, the Service has determined 1990 notice. Because new information information supplied by the Hawaii that Alsinidendron lychnoides (Hillebr.) indicates their current existence and Heritage Program, National Tropical Sherff (kuawawaenohu), Alsinidendron provides support for listing, the above Botanical Garden, and observations of viscosum (Mann) Sherff (NCN), Cyanea seven taxa have been included in this botanists and naturalists. Based on remyi Rock (haha), Cyrtandra final rule. Hibiscus waimeae ssp. comments received in response to the cyaneoides Rock (mapele), Delissea hannerae (as H. waimeae) was proposal (see Comments and rivularis (Rock) Wimmer (’oha), considered category 3C in the 1980 and Recommendations, below), the Service Hibiscadelphus woodii Lorence and 1985 notices. Category 3C species were now determines 17 taxa to be Wagner (hau kuahiwi), Hibiscus those proven to be more abundant or endangered and 2 taxa to be threatened, waimeae ssp. hannerae Heller (koki’o widespread than previously believed from the island of Kauai, with the ke’oke’o), Kokia kauaiensis (Rock) and/or were not subject to any publication of this rule. Degener & Duvel (koki’o), Labordia identifiable threat. In the 1990 and 1993 tinifolia var. wahiawaensis St. John notices, this subspecies was considered Summary of Comments and (kamakahala), Phyllostegia knudsenii a category 2 species, along with Recommendations Hillebr. (NCN), Phyllostegia wawrana Pritchardia napaliensis and Pritchardia In the September 25, 1995, proposed Sherff (NCN), Pritchardia napaliensis viscosa. Alsinidendron lychnoides and rule and associated notifications, all St. John (loulu), Pritchardia viscosa Cyrtandra cyaneoides were considered interested parties were requested to Rock (loulu), Schiedea helleri Sherff category 2 species in the 1993 notice. submit factual reports or information (NCN), Schiedea membranacea St. John Current information suggests that the that might contribute to the (NCN), Schiedea stellarioides Mann numbers and distribution are development of a final rule. The public (laulihilihi), Viola kauaensis var. sufficiently restricted and threats comment period ended on Nov. 24, wahiawaensis Forbes (nani wai’ale’ale) sufficient for the above nine species, as 1995. Appropriate State agencies, should be classified as endangered well as Cyanea remyi and the recently county governments, Federal agencies, species and that Cyanea recta (Wawra) discovered Hibiscadelphus woodii, to scientific organizations, and other Hillebr. (haha) and Myrsine linearifolia warrant listing. Seventeen of the taxa interested parties were contacted and Hosaka (kolea) should be classified as were considered proposed endangered requested to comment. A newspaper threatened species. and Cyanea recta and Myrsine notice inviting public comment was Section 4 of the Endangered Species linearifolia proposed threatened in the published in the ‘‘Kauai Times’’ on Act and regulations (50 CFR part 424) 1996 notice, since the proposed listing October 18, 1995, which invited general promulgated to implement the listing rule had already been published. public comment. Four letters of provisions of the Act set forth the Section 4(b)(3)(B) of the Act requires comment were received. No requests for procedures for adding species to the the Secretary to make findings on public hearings were received. Three Federal lists. A species may be petitions that present substantial letters supported the listing of these taxa determined to be an endangered or information indicating that the from Kauai and two of these letters threatened species due to one or more petitioned action may be warranted provided additional biological of the five factors described in section within 12 months of their receipt. information for four taxa. This 4(a)(1). The threats facing these 19 taxa Section 2(b)(1) of the 1982 amendments information has been incorporated into are summarized in Table 1. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53081

TABLE 1.ÐSUMMARY OF THREATS

Alien mammals Sub- Alien strate Human Limited Species plants loss/hur- impacts numbers* Other Deer Goats Pigs Rats ricane

Alsinidendron lychnoides ...... X X X X X1,3 Alsinidendron viscosum ...... X X X X P X1,3 Cyanea recta ...... X X X X X P Cyanea remyi ...... X X X X X1 Slugs. Cyrtandra cyaneoides ...... P P X X X1 Delissea rivularis ...... X P X X X1,3 Hibiscadelphus woodii ...... X X X X X1,2 White-eye. Hibiscus waimeae ssp. hannerae ...... X X X X1 Kokia kauaiensis ...... X X X X X X1 Labordia tinifolia var. wahiawaensis ...... X X X X X1,3 Myrsine linearifolia ...... X X X Phyllostegia knudsenii ...... X X X X X1,2 Phyllostegia wawrana ...... X X X1,3 Pritchardia napaliensis ...... X X X X X1,3 Pritchardia viscosa ...... X X X X X1,2 Schiedea helleri ...... P X P X1,3 Schiedea membranacea ...... X X X X X Schiedea stellarioides ...... X X X X1 Viola kauaensis var. wahiawaensis ...... X X X1,3 KEY X=Immediate and significant threat. P=Potential threat. *=No more than 100 individuals and/or no more than 5 populations. 1=No more than 5 populations. 2=No more than 10 individuals. 3=No more than 100 individuals.

These factors and their application to forested slopes were denuded in the Culliney 1988, Wagner et al. 1990, the 19 plant taxa in this rule are as mid-1800s to supply firewood to Wenkam 1969). follows: whaling ships, plantations, and island Past and present activities of A. The present or threatened residents. Native plants were introduced alien mammals are the destruction, modification, or undoubtedly affected by this practice. primary factor altering and degrading curtailment of its habitat or range. The Also, sandalwood and tree fern vegetation and habitats on Kauai. Feral habitats of the plants included in this harvesting occurred in many areas, ungulates trample and eat native final rule have undergone extreme changing forest composition and vegetation and disturb and open areas. alteration because of past and present affecting native species (Cuddihy and This causes erosion and allows the entry land management practices, including Stone 1990). of alien plant species (Cuddihy and deliberate alien animal and plant Beginning with Captain James Cook in Stone 1990, Wagner et al. 1990). Sixteen introductions, agricultural development, 1792, early European explorers taxa in this final rule are directly and recreational use. Natural introduced livestock, which became threatened by habitat degradation disturbances such as storms and feral, increased in number and range, resulting from introduced ungulates: 15 landslides also destroy habitat and can and caused significant changes to the taxa are threatened by pigs, ten by goats, have a significant effect on small natural environment of Hawaii. The and two by deer. populations of plants. Destruction and 1848 provision for land sales to The pig (Sus scrofa) is originally modification of habitat by introduced individuals allowed large-scale native to Europe, northern Africa, Asia animals and competition with alien agricultural and ranching ventures to Minor, and Asia. European pigs, plants are the primary threats facing begin. So much land was cleared for introduced to Hawaii by Captain James these 19 taxa (See Table 1). these enterprises that climatic Cook in 1778, became feral and invaded When Polynesian immigrants settled conditions began to change, and the forested areas, especially wet and mesic in the Hawaiian Islands, they brought amount and distribution of rainfall were forests and dry areas at high elevations. with them water-control and slash-and- altered (Wenkam 1969). Plantation They are currently present on Kauai and burn systems of agriculture and owners supported reforestation four other islands, and inhabit rain encouraged plants that they introduced programs which resulted in many alien forests and grasslands. Pig hunting is to grow in valleys. Their use of the land trees being introduced in the hope that allowed on all islands either year-round resulted in erosion, changes in the the watershed could be conserved. or during certain months, depending on composition of native communities, and Beginning in the 1920s, water collection the area (DLNR n.d.-a, n.d.-b, n.d.-c, a reduction of biodiversity (Cuddihy and diversion systems were constructed 1990). While rooting in the ground in and Stone 1990, HHP 1990b, Kirch in upland areas to irrigate lowland search of the invertebrates and plant 1982, Wagner et al. 1985). Hawaiians fields, and this undoubtedly destroyed material they eat, feral pigs disturb and settled and altered many areas of Kauai individuals and populations of native destroy vegetative cover, trample plants including areas in which some of the plants. The irrigation system also and seedlings, and threaten forest taxa in this final rule grew (Department opened new routes for the invasion of regeneration by damaging seeds and of Land and Natural Resources (DLNR) alien plants and animals into native seedlings. They disturb soil and cause 1981a; HHP 1990a, 1990b). Many forests (Cuddihy and Stone 1990, erosion, especially on slopes. Alien 53082 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations plant seeds are dispersed on their Coast, as well as in the drier perimeter America to central Mexico, were hooves and coats as well as through of Alakai Swamp and even in its wetter brought to Kauai from Oregon in the their digestive tracts, and the disturbed areas during periods with low rainfall. 1960s for game hunting and have not soil is fertilized by their feces, helping Goats are managed in Hawaii as a game been introduced to any other Hawaiian these plants to establish. Pigs are a animal, but many herds populate island. Mule deer were introduced, in major vector in the spread of banana inaccessible areas where hunting has part, to provide another animal for poka and strawberry guava, and little effect on their numbers (HHP hunting, since the State had planned to enhance populations of common guava, 1990c). Goat hunting is allowed year- reduce the number of goats on Kauai Hamakua pamakani, Maui pamakani, round or during certain months, because they were so destructive to the and prickly Florida blackberry, all of depending on the area (DLNR n.d.-a, landscape (Kramer 1971). About 400 which threaten one or more of the taxa n.d.-b, n.d.-c, 1990). Goats browse on animals are known in and near Waimea (Cuddihy and Stone 1990, Medeiros et introduced grasses and native plants, Canyon, with some invasion into Alakai al. 1986, Scott et al. 1986, Smith 1985, especially in drier and more open Swamp in drier periods. Mule deer, Stone 1985, Tomich 1986, Wagner et al. ecosystems. Feral goats eat native legally hunted during only one month 1990). vegetation, trample roots and seedlings, each year, trample native vegetation and Feral pigs pose an immediate threat to cause erosion, and promote the invasion cause erosion by creating trails and one or more populations of 15 of the of alien plants. They are able to forage removing vegetation (Cuddihy and taxa in this final rule. All known in extremely rugged terrain and have a Stone 1990, DLNR 1985, Tomich 1986). populations of the following taxa are high reproductive capacity (Clarke and They are a threat to the Mahanaloa-Kuia threatened by feral pigs: Alsinidendron Cuddihy 1980, Cuddihy and Stone Valley and Nualolo populations of viscosum, Delissea rivularis, 1990, Culliney 1988, Scott et al. 1986, Schiedea membranacea and the Paaiki Hibiscadelphus woodii, Hibiscus Tomich 1986, van Riper and van Riper and Kuia Valley populations of Kokia waimeae ssp. hannerae, Labordia 1982). kauaiensis (M. Bruegmann, in litt. 1994; tinifolia var. wahiawaensis, Phyllostegia Although many of the plants in this S. Perlman, pers. comm. 1994). knudsenii, Phyllostegia wawrana, and final rule survive on steep cliffs Substrate loss due to agriculture, Schiedea stellarioides. Populations of inaccessible to goats, the original range grazing animals (especially goats), other taxa threatened by feral pigs are: of these plants was probably much hikers, and vegetation change results in the Alakai Wilderness and Keanapuka larger. These species are now vulnerable habitat degradation and loss. This populations of Alsinidendron to the long-term, indirect effects of particularly affects plant populations on lychnoides; the Makaleha Mountains goats, such as large-scale erosion (Corn cliffs or steep slopes, such as the Koaie population of Cyanea recta; the et al. 1979). The habitats of many of the Stream population of Kokia kauaiensis Makaleha Mountains and Wahiawa 19 plants were damaged in the past by (HHP 1994j6). Mountains populations of Cyanea goats, and these effects are still apparent B. Overutilization for commercial, remyi; the Wahiawa Mountains in the form of alien vegetation and recreational, scientific, or educational population of Myrsine linearifolia; the erosion. One or more populations of ten purposes. Unrestricted collecting for Kalalau Valley population of Pritchardia of the taxa in this final rule are currently scientific or horticultural purposes and napaliensis; three of the six populations threatened by direct damage from feral excessive visits by individuals of Schiedea membranacea at Kalalau goats, such as trampling of plants and interested in seeing rare plants are Valley, Nualolo, and Waialae Valley; seedlings and erosion of substrate potential threats to all of the taxa, but and the Wahiawa Mountains population (Clarke and Cuddihy 1980, Culliney especially to Hibiscadelphus woodii, of Viola kauaensis var. wahiawaensis. 1988, Scott et al. 1986, van Riper and Phyllostegia knudsenii, and Pritchardia Pigs also constitute a potential threat to van Riper 1982). viscosa, each of which has only one or the only known population of Schiedea The only known populations of two populations and fewer than five helleri off Mohihi Stream, the Pohakuao Hibiscadelphus woodii, Phyllostegia individuals. Collection of whole plants and Kalalau cliffs populations of knudsenii, and Schiedea stellarioides or reproductive parts of any of these Myrsine linearifolia, and the Wainiha are threatened by goats. Populations of three species could adversely impact the Valley populations of Cyanea recta and other taxa threatened by goats include: gene pool and threaten the survival of Cyrtandra cyaneoides. Habitat the Waialae and Nawaimaka Valley the species. Some taxa, such as degradation reported to occur in areas populations of Alsinidendron viscosum, Alsinidendron lychnoides, near these populations, if not the Makaleha Mountains populations of Alsinidendron viscosum, Cyanea recta, controlled, may become a problem for Cyanea recta and Cyanea remyi, four of Labordia tinifolia var. wahiawaensis, these populations (HHP 1990a, 1992, the five populations (Kalalau Valley, Pritchardia viscosa, and Schiedea 1994b7, 1994i1, 1994i3; HPCC 1990a, Koaie Stream, Mahanaloa Valley, and helleri have populations close to trails 1991a2, 1991d, 1991f1, 1991f3, 1991f4, Pohakuao Valley) of Kokia kauaiensis, or roads and are thus easily accessible 1992a, 1993a1, 1993c1, 1993e, 1993j, the Kalalau cliffs and Namolokama to collectors and, therefore, are 1993k1, 1993k2; Lorence and Flynn Summit plateau populations of Myrsine potentially threatened by overcollection 1991, 1993b; Wood and Perlman 1993a; linearifolia, the largest population of (Flynn and Lorence 1992; HHP 1994b1, M. Bruegmann, in litt. 1994; T. Flynn, Pritchardia napaliensis at Hoolulu 1994d8, 1994h1, 1994n1; HPCC 1991e2, J. Lau, D. Lorence, S. Perlman, and K. Valley, and three of the six populations 1993g; T. Flynn, pers. comm. 1994). At Wood, pers. comms. 1994). (Kalalau Valley, Mahanaloa-Kuia Valley, least one of the three remaining The goat (Capra hircus), a species and Waialae Valley) of Schiedea Pritchardia viscosa individuals has been originally native to the Middle East and membranacea (HHP 1994j5, 1994j6; damaged by spiked boots used to scale India, was successfully introduced to HPCC 1990b3, 1990c2, 1991f5, 1991h, those trees and collect seeds and/or the Hawaiian Islands in 1792. Currently 1993a1, 1993a2, 1993f, 1993i; Lorence reference material (Hodel, in litt. 1995; populations exist on Kauai and four and Flynn 1993b; Wood and Perlman Mehrhoff, in litt. 1994). other islands. On Kauai, feral goats have 1993a; J. Lau, D. Lorence, S. Perlman, K. Many of the plants in this final rule been present in drier, more rugged areas Wood, pers. comms. 1994). occur in recreational areas used for since the 1820s and they still occur in Individuals of mule deer (Odocoileus hiking, camping, and hunting. Tourism Waimea Canyon and along the Na Pali hemionus), native from western North is a growing industry in Hawaii, and as Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53083 more people seek recreational activities, base of Mount Waialeale, and poses a opportunity for improved enforcement more human contact with rare native threat to the populations of Cyanea of these rules and regulations would plants is likely. People can transport or recta and Cyanea remyi that occur there result from Federal listing. introduce alien plants through seeds on (HPCC 1991a1; Lorence and Flynn One or more populations of each of their footwear, cause erosion, trample 1993a; L. Mehrhoff, in litt. 1994; S. the 19 taxa is located on land classified plants, and start fires (Corn et al. 1979). Perlman, pers. comm. 1994). It is within conservation districts and owned Alsinidendron lychnoides and Labordia probable that rats eat the fruits of by the State of Hawaii or private tinifolia var. wahiawaensis have species such as Cyrtandra cyaneoides companies or individuals. Regardless of populations near trails and are and Delissea rivularis (C. Russell, in litt. the owner, lands in these districts, considered to be immediately 1994). Rats threaten the only known among other purposes, are regarded as threatened by recreational use of the population of Pritchardia viscosa, two necessary for the protection of endemic areas in which they occur (HHP 1994b1; of three populations of Pritchardia biological resources and the HPCC 1991e2, 1992a). napaliensis, and one population of maintenance or enhancement of the C. Disease or predation. Browsing Kokia kauaiensis by predation of their conservation of natural resources (HRS, damage by goats has been verified for flowers or fruit (HPCC 1990b1, 1990c2; sect. 205–2). Some uses, such as Cyanea recta and Cyanea remyi S. Perlman and K. Wood, pers. comms. maintaining animals for hunting, are (Lorence and Flynn 1993b). Goats have 1994). based on policy decisions, while others, directly destroyed individuals of Little is known about the predation of such as preservation of endangered Schiedea stellarioides (S. Perlman, pers. certain rare Hawaiian plants by slugs. species, are mandated by State laws. comm. 1994). The remaining species are Indiscriminate predation by slugs on Requests for amendments to district not known to be unpalatable to goats or plant parts of Cyanea remyi has been boundaries or variances within existing deer and, therefore, predation is a observed by field botanists (Mehrhoff, in classifications can be made by probable threat where those animals litt. 1994; S. Perlman, pers. comm. government agencies and private have been reported, potentially affecting 1994). The effect of slugs on the decline landowners (HRS, sect. 205–4). Before eight additional taxa: Alsinidendron of this and related species is unclear, decisions about these requests are made, viscosum, Hibiscadelphus woodii, Kokia although slugs may pose a threat by the impact of the proposed kauaiensis, Myrsine linearifolia, feeding on the stems and fruit, thereby, reclassification on ‘‘preservation or Phyllostegia knudsenii, Pritchardia reducing the vigor of the plants and maintenance of important natural napaliensis, Schiedea membranacea, limiting regeneration. systems or habitat’’ (HRS, sects. 205–4, and Schiedea stellarioides (HHP 1994j5, Japanese white-eye (Zosterops 205–17) as well as the maintenance of 1994j6; HPCC 1990b3, 1990c2, 1991f5, japonicus) was introduced to the island natural resources is required to be taken 1991h, 1993a1, 1993f, 1993i, 1993j; of Oahu from eastern Asia in 1930, and into account (HRS, sects. 205–2, 205–4). Wood and Perlman 1993a; J. Lau, D. has since spread to all of the main Before any proposed land use that will Lorence, S. Perlman, K. Wood, pers. Hawaiian Islands. It is currently the occur on State land, is funded in part or comms. 1994). The lack of seedlings of most abundant bird in Hawaii (Pratt et whole by county or State funds, or will many of the taxa and the occurrence of al. 1989). Japanese white-eye has been occur within land classified as individuals of several taxa only on observed piercing the corollas of conservation district, an environmental inaccessible cliffs may indicate that Hibiscadelphus woodii, presumably to assessment is required to determine browsing mammals, especially goats, rob nectar (Lorence and Wagner 1995). whether or not the environment will be have restricted the distribution of these D. The inadequacy of existing significantly affected (HRS, chapt. 343). plants (HPCC 1991c; Wood and Perlman regulatory mechanisms. Hawaii’s If it is found that an action will have a 1993a; D. Lorence and K. Wood, pers. Endangered Species Act states—‘‘Any significant effect, preparation of a full comms. 1994). species of aquatic life, wildlife, or land Environmental Impact Statement is Of the four species of rodents that plant that has been determined to be an required. Hawaii environmental policy, have been introduced to the Hawaiian endangered species pursuant to the and thus approval of land use, is Islands, the species with the greatest [Federal] Endangered Species Act shall required by law to safeguard ‘‘* ** impact on the native flora and fauna is be deemed to be an endangered species the State’s unique natural probably Rattus rattus (black or roof under the provisions of this chapter environmental characteristics * * *’’ rat), that now occurs on all the main .. .’’ (Hawaii Revised Statutes (HRS), (HRS, sect. 344–3(1)) and includes Hawaiian Islands around human sect. 195D–4(a)). Therefore, Federal guidelines to ‘‘protect endangered habitations, cultivated fields, and listing will automatically invoke listing species of individual plants and animals forests. Black rats and to a lesser extent under Hawaii State law, which prohibits ** *’’ (HRS, sect. 344–4(3)(A)). Federal Mus musculus (house mouse), Rattus taking of listed plants in the State and listing, because it automatically invokes exulans (Polynesian rat), and R. encourages conservation by State State listing, also implements these norvegicus (Norway rat) eat the fruits of agencies (HRS, sect. 195D–4 and 5). other State regulations protecting the some native plants, especially those None of the 19 taxa in this final rule plants. with large, fleshy fruits. Many native are listed by the State. Eight taxa have State laws relating to the conservation Hawaiian plants produce fruit over an populations on privately owned land. of biological resources allow for the extended period of time, thus producing Labordia tinifolia var. wahiawaensis acquisition of land as well as the a prolonged food supply for rodent and Viola kauaensis var. wahiawaensis development and implementation of populations. Black rats strip bark from are found exclusively on private land. programs concerning the conservation some native plants, and eat the fleshy At least one population of each of the of biological resources (HRS, sect. stems and fruits of plants in the other 17 taxa occurs on State land. 195D–5(a)). The State also may enter bellflower and African violet families Fourteen taxa have one or more into agreements with Federal agencies (Cuddihy and Stone 1990; Tomich 1986; populations in State parks, NARs, or the to administer and manage any area J. Lau, pers. comm. 1994). Rat damage Alakai Wilderness Preserve, which have required for the conservation, to the stems of species of Cyanea has rules and regulations for the protection management, enhancement, or been reported in the Makaleha of resources (DLNR 1981b; HRS, sects. protection of endangered species (HRS, Mountains, Waioli Valley, and at the 183D–4, 184–5, 195–5, and 195–8). The sect. 195D–5(c)). Funds for these 53084 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations activities could be made available under naturalized Hawaiian flora of 1,817 mesic valleys and forests, sometimes section 6 of the Act (State Cooperative species, 47 percent were introduced forming dense stands (Wagner et al. Agreements). The Hawaii DLNR is from other parts of the world and nearly 1990; J. Lau, pers. comm. 1994). The mandated to initiate changes in 100 species have become pests (Smith Hoolulu Valley population of conservation district boundaries to 1985, Wagner et al. 1990). Naturalized, Pritchardia napaliensis may compete for include ‘‘the habitat of rare native introduced species compete with native space with ti (HHP 1994m1). species of flora and fauna within the plants for space, light, water, and Crassocephalum crepidioides, an conservation district’’ (HRS, sect. 195D– nutrients (Cuddihy and Stone 1990). annual herb native to tropical Africa, is 5.1). Some of these species were brought to naturalized in dry areas to wet forest on Twelve of the taxa in this final rule Hawaii by various groups of people, Kauai and four other islands. This weed are threatened by seven plants including the Polynesian immigrants, has been considered a pest in Hawaii considered by the State of Hawaii to be for food or cultural reasons. Plantation since 1966, and is a threat to the Waioli noxious weeds. The State has provisions owners, alarmed at the reduction of Valley population of Cyanea recta and funding available for eradication water resources for their crops caused (Haselwood and Motter 1983; Lorence and control of noxious weeds on State by the destruction of native forest cover and Flynn 1993a; K. Wood, pers. comm. and private land in conservation by grazing feral animals, supported the 1994). Deparia petersenii is a perennial districts and other areas (HRS, chapt. introduction of alien tree species for fern capable of forming a thick 152; Hawaii Department of Agriculture reforestation. Ranchers intentionally groundcover (J. Lau, pers. comm. 1994). (DOA) 1981, 1991). introduced pasture grasses and other The Makaleha Mountains populations of Despite the existence of various State species for agriculture, and sometimes Cyanea recta and Cyrtandra cyaneoides laws and regulations that protect inadvertently introduced weed seeds as compete for space with this fern Hawaii’s native plants, their well. Other plants were brought to (Lorence and Flynn 1993b). Drymaria enforcement is difficult due to limited Hawaii for their potential horticultural cordata (pipili), a pantropical annual funding and personnel. Listing of these value (Cuddihy and Stone 1990, Scott et herb, is naturalized in shaded, moist 19 plant taxa therefore reinforces and al. 1986, Wenkam 1969). sites on Kauai and four other islands supplements the protection available Two subshrubs in the genus Ageratina (Wagner et al. 1990). Pipili threatens the under the State Act and other laws. The have naturalized in the Hawaiian Makaleha Mountains population of Federal Endangered Species Act also Islands and are classified as noxious Cyrtandra cyaneoides and the only provides additional protection to these weeds by the State (DOA 1981). known population of Phyllostegia 19 taxa. For example, for species listed Ageratina adenophora (Maui knudsenii (HPCC 1993j, Lorence and as endangered, it would be a violation pamakani), naturalized in dry areas to Flynn 1993b). of the Act for any person to remove, cut, wet forests on Kauai and also classified Erechtites valerianifolia (fireweed) is dig up, damage, or destroy any such as a noxious weed by the Federal an annual herb native from Mexico to plant in knowing violation of State law government (7 CFR 360), threatens the Brazil and Argentina. It is naturalized or regulation or in the course of any Kalalau Valley population of Schiedea on all of the main Hawaiian Islands violation of a State criminal trespass membranacea (Wood and Perlman except Niihau and Kahoolawe, and is law. 1993a). Ageratina riparia (Hamakua found in disturbed, relatively wet areas. E. Other natural or manmade factors pamakani), naturalized in disturbed, dry This weed threatens the Makaleha affecting its continued existence. The to mesic areas and wet forests on Kauai, Mountains and Waioli Valley small numbers of populations and is a threat to the same population of populations of Cyanea recta, the individuals of most of these taxa Schiedea membranacea (Wood and Makaleha Mountains and Wahiawa increase the potential for extinction Perlman 1993a). Blechnum occidentale Mountains populations of Cyanea from naturally occurring events. The (blechnum fern), probably accidentally remyi, and the Makaleha Mountains limited gene pool may depress introduced from tropical America, has populations of Cyrtandra cyaneoides reproductive vigor, or a single human- naturalized in mesic forests on most of and Phyllostegia wawrana (HPCC caused or natural environmental the main Hawaiian Islands (Degener 1993k2; Lorence and Flynn 1991, 1993a, disturbance could destroy a significant 1932; J. Lau, pers. comm. 1994). 1993b; Wagner et al. 1990; K. Wood, percentage of the individuals or the only Blechnum fern poses a threat to the pers. comm. 1994). Brought to Hawaii as known extant population. Seven of the Waioli Valley population of Cyanea a cultivated herbaceous plant, Erigeron taxa, Delissea rivularis, Hibiscadelphus recta (Lorence and Flynn 1993a; T. karvinskianus (daisy fleabane) is woodii, Labordia tinifolia var. Flynn, pers. comm. 1994). naturalized in wetter areas of Kauai and wahiawaensis, Phyllostegia knudsenii, Classified as a noxious weed by the three other islands (Wagner et al. 1990). Pritchardia viscosa, Schiedea helleri, State of Hawaii, Clidemia hirta (Koster’s An invasion of daisy fleabane on the and Schiedea stellarioides, are known curse) is an aggressive shrub found in Kalalau cliffs threatens Schiedea only from a single population. Nine mesic to wet forests on at least five membranacea, Myrsine linearifolia, and other taxa are known from only two to islands in Hawaii (Almeda 1990, DOA the only population of Hibiscadelphus five populations (See Table 1). Twelve 1981). It is a threat to the Waioli Valley woodii. Daisy fleabane also threatens the of the taxa are estimated to number no populations of Cyanea recta and the Alealau population of Pritchardia more than 100 known individuals (See Limahuli Valley population of Hibiscus napaliensis and the Honopu Valley Table 1). Three of these taxa, waimeae ssp. hannerae (HHP 1992, population of Phyllostegia wawrana Hibiscadelphus woodii, Phyllostegia 1994i1; HPCC 1991d; Lorence and (HPCC 1990d1, 1991c, 1993f, 1993k1; knudsenii, and Pritchardia viscosa, Flynn 1993a, 1993b; J. Lau and K. Lorence and Wagner 1995; K. Wood, number fewer than 10 individuals. Wood, pers. comms. 1994). Cordyline pers. comm. 1994). One or more species of almost 30 fruticosa (ti) is a shrub brought to Juncus planifolius is a perennial herb introduced plants directly threaten all Hawaii by the Polynesian immigrants. native to South America, New Zealand, 19 of the taxa. The original native flora Its original range is unknown, but in and Australia and is naturalized in of Hawaii consisted of about 1,000 Hawaii it is now naturalized on all the open, disturbed, moist areas in forest species, 89 percent of which were main islands except Kahoolawe in edges and bogs (Wagner et al. 1990). endemic. Of the total native and Pandanus tectorius (hala) forest and Found on Kauai and four other islands, Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53085

Juncus planifolius threatens the and Hawaii (Escobar 1990). This taxon 1992a, 1993a1, 1993a2, 1993g, 1993i; population of Viola kauaensis var. threatens Kokia kauaiensis (M. 1993k1; J. Lau, S. Perlman, K. Wood, wahiawaensis in the Wahiawa Bog Bruegmann, in litt. 1994). pers. comms. 1994). Rubus rosifolius (Lorence and Flynn 1991; K. Wood, Two small tree species, Psidium (thimbleberry), native to Asia, is pers. comm. 1994). Kalanchoe pinnata cattleianum (strawberry guava) and naturalized in disturbed mesic to wet (air plant) is an herb which occurs on Psidium guajava (common guava), were forest on all of the main Hawaiian all the main islands except Niihau and brought to Hawaii and have become Islands. This shrub threatens the three Kahoolawe, especially in dry to mesic widely naturalized on all the main largest populations of Cyanea recta in areas (Wagner et al. 1990). The Paaiki islands, forming dense stands in Wainiha Valley, Makaleha Mountains, Valley and Kuia populations of Kokia disturbed areas. Strawberry guava, and Waioli Valley; the Wahiawa kauaiensis, the only known population found in mesic and wet forests, Mountains and Waioli Valley of Phyllostegia knudsenii, the Pohakuao develops into stands in which few other populations of Cyanea remyi; the population of Myrsine linearifolia, and plants grow, physically displacing Makaleha Mountains population of the Alealau and Hoolulu Valley natural vegetation and greatly affecting Cyrtandra cyaneoides; the Limahuli populations of Pritchardia napaliensis Hawaiian plants, many of which are Valley population of Hibiscus waimeae are threatened by competition with air narrowly endemic taxa. Pigs depend on ssp. hannerae; the Mahanaloa-Kuia plant (HPCC 1991g, 1993j; M. strawberry guava for food and, in turn, Valley junction population of Kokia Bruegmann, in litt. 1994; K. Wood, pers. disperse the plant’s seeds through the kauaiensis; the Limahuli-Hanakapiai comm. 1994). forests (Smith 1985, Wagner et al. 1990). Ridge population of Myrsine linearifolia; Lantana camara (lantana), brought to Strawberry guava is considered to be the the Makaleha Mountains population of Hawaii as an ornamental plant, is an greatest weed problem in Hawaiian rain Phyllostegia wawrana; and the aggressive, thicket-forming shrub which forests and is known to pose a direct Mahanaloa-Kuia Valley population of can now be found on all of the main threat to all remaining plants of Schiedea membranacea (HHP 1992, islands in mesic forests, dry shrublands, Pritchardia viscosa, the Wahiawa 1994i1, 1994j3; HPCC 1990d2, 1991d, and other dry, disturbed habitats Mountains populations of Cyanea remyi 1991f2, 1992c, 1993c2, 1993k2; Lorence (Wagner et al. 1990). One or more and Labordia tinifolia var. and Flynn 1991, 1993a, 1993b; S. populations of each of the following wahiawaensis, the Paaiki population of Perlman and K. Wood, pers. comms. species are threatened by lantana: Kokia kauaiensis, the Wahiawa 1994). Alsinidendron viscosum, Cyanea recta, Drainage population of Myrsine Triumfetta semitriloba (Sacramento Hibiscus waimeae ssp. hannerae, Kokia linearifolia, and the Mahanaloa-Kuia bur) is a subshrub now found on four kauaiensis, Myrsine linearifolia, the population of Schiedea membranacea Hawaiian Islands and considered to be only known population of Phyllostegia (HPCC 1991f3, 1991f4, 1992c; Lorence a noxious weed by the State of Hawaii knudsenii, Pritchardia napaliensis, and and Flynn 1991, 1993b; Smith 1985; M. (DOA 1981, Wagner et al. 1990). Schiedea membranacea (HHP 1990a, Bruegmann, in litt. 1994; T. Flynn and Sacramento bur threatens the Koaie 1994i3, 1994j1, 1994j3 to 1994j6, S. Perlman, pers. comms. 1994). Stream population of Kokia kauaiensis 1994m2; HPCC 1990a, 1990b1, 1990c2, Common guava invades disturbed sites, (HPCC 1990b3). Youngia japonica 1991d, 1993a1, 1993j; Lorence and forming dense thickets in dry, mesic, (Oriental hawksbeard) is an annual herb Flynn 1993b; S. Perlman and K. Wood, and wet forests (Smith 1985, Wagner et native to southeast Asia and now is a pers. comms. 1994). Melastoma al. 1990). Common guava threatens the common weed in disturbed moist and candidum is a member of a genus in Hoolulu Valley population of shaded sites, as well as intact wet which all species have been classified as Pritchardia napaliensis (HHP 1994m1, forests, on most of the main Hawaiian noxious weeds by the State of Hawaii HPCC 1990c2). Pterolepis glomerata, an Islands (Wagner et al. 1990). The Waioli (DOA 1992). This species is naturalized herb or subshrub locally naturalized in Valley population of Cyanea recta is in mesic to wet areas on Kauai and mesic to wet disturbed sites on Kauai, threatened by this weed (Lorence and Hawaii and threatens the Makaleha Oahu, and Hawaii, threatens the Flynn 1993a). Mountains populations of Cyanea recta, Wahiawa Bog population of Viola Several hundred species of grasses Cyanea remyi, and Phyllostegia kauaensis var. wahiawaensis (Lorence have been introduced to the Hawaiian wawrana (Almeda 1990, HPCC 1993k2, and Flynn 1991; K. Wood, pers. comm. Islands, many for animal forage. Of the Lorence and Flynn 1993b). 1994). approximately 100 grass species that Passiflora mollissima (banana poka), a Rubus argutus (prickly Florida have become naturalized, 3 species woody vine, poses a serious problem to blackberry), an aggressive alien species threaten 8 of the 19 d plant taxa. Melinis mesic forests on Kauai and Hawaii by in disturbed mesic to wet forests and minutiflora (molasses grass), a perennial covering trees, reducing the amount of subalpine grasslands on Kauai and three grass brought to Hawaii for cattle light that reaches trees as well as other islands, is considered a noxious fodder, is now naturalized in dry to understory, and causing damage and weed by the State of Hawaii (DOA 1981, mesic, disturbed areas on most of the death to trees by the weight of the vines. Smith 1985, Wagner et al. 1990). Prickly main Hawaiian Islands. The mats it Animals, especially feral pigs, eat the Florida blackberry threatens the only forms smother other plants and fuel fruit and distribute the seeds (Cuddihy known populations of Schiedea helleri, more intense fires than would normally and Stone 1990, Escobar 1990). Banana Schiedea stellarioides, and Delissea affect an area (Cuddihy and Stone 1990, poka is classified as a noxious weed by rivularis, the Alakai Wilderness and O’Connor 1990, Smith 1985). The the State (DOA 1992) and threatens the Keanapuka populations of largest populations of Alsinidendron Nualolo population of Schiedea Alsinidendron lychnoides, the Waialae- viscosum and Schiedea stellarioides, in membranacea and the Honopu Valley Nawaimaka population of Waialae-Nawaimaka Valley, are population of Phyllostegia wawrana Alsinidendron viscosum, the Koaie threatened by molasses grass (HPCC (HPCC 1993k1; K. Wood, pers. comm. Stream and Pohakuao populations of 1993a1, 1993a2, 1993i). The perennial 1994). Passiflora ligularis (sweet Myrsine linearifolia, the Honopu Valley grass Paspalum conjugatum (Hilo grass), granadilla) was first collected in Hawaii population of Phyllostegia wawrana, naturalized in moist to wet, disturbed in 1909, and has since spread to mesic and the Nualolo population of Schiedea areas on most Hawaiian Islands, and wet areas of Kauai, Oahu, Lanai, membranacea (HHP 1994b6; HPCC produces a dense ground cover, even on 53086 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations poor soil, and threatens the Makaleha these species in determining to make features (I) essential to the conservation Mountains population of Cyanea recta, this rule final. Based on this evaluation, of the species and (II) that may require Cyanea remyi, Cyrtandra cyaneoides, this rulemaking will list 17 of these special management consideration or the only known population of plant taxa as endangered (Alsinidendron protection and; (ii) specific areas Phyllostegia knudsenii, and the lychnoides, Alsinidendron viscosum, outside the geographical area occupied Powerline Road population of Cyanea remyi, Cyrtandra cyaneoides, by a species at the time it is listed, upon Pritchardia viscosa (HHP 1992; HPCC Delissea rivularis, Hibiscadelphus a determination that such areas are 1993j; Lorence and Flynn 1993b; J. Lau woodii, Hibiscus waimeae ssp. essential for the conservation of the and S. Perlman, pers. comms. 1994). hannerae, Kokia kauaiensis, Labordia species. ‘‘Conservation’’ means the use Sacciolepis indica (Glenwood grass), an tinifolia var. wahiawaensis, Phyllostegia of all methods and procedures needed annual or perennial grass naturalized on knudsenii, Phyllostegia wawrana, to bring the species to the point at five islands in Hawaii in open, wet Pritchardia napaliensis, Pritchardia which listing under the Act is no longer areas, threatens the Waioli Valley and viscosa, Schiedea helleri, Schiedea necessary. Makaleha Mountains populations of membranacea, Schiedea stellarioides, Section 4(a)(3) of the Act, as Cyanea recta (HHP 1992; Lorence and and Viola kauaensis var. wahiawaensis) amended, and implementing regulations Flynn 1993a, 1993b; J. Lau and K. and two taxa as threatened (Cyanea (50 CFR 424.12) require that, to the Wood, pers. comms. 1994). recta and Myrsine linearifolia). Sixteen maximum extent prudent and Erosion, landslides, and rock slides of the taxa either number no more than determinable, the Secretary designate due to natural weathering result in the about 100 individuals or are known critical habitat at the time a species is death of individual plants as well as from five or fewer populations. The 17 determined to be endangered or habitat destruction. This especially taxa listed as endangered are threatened threatened. Service regulations (50 CFR affects the continued existence of taxa by one or more of the following: habitat 424.12(a)(1)) state that designation of or populations with limited numbers degradation and/or predation by feral critical habitat is not prudent when one and/or narrow ranges, such as: the two pigs, feral goats, rats, and deer; or both of the following situations largest populations of Cyanea recta; the competition from alien plants; substrate exist—(1) The species is threatened by Makaleha Mountains and upper Waioli loss; human impacts; and lack of legal taking or other human activity, and Valley populations of Cyrtandra protection or difficulty in enforcing identification of critical habitat can be cyaneoides, each of which has only one laws that are already in effect. Small expected to increase the degree of threat individual; the only populations of population size and limited distribution to the species, or (2) such designation of Delissea rivularis, Phyllostegia make these species particularly critical habitat would not be beneficial knudsenii, and Hibiscadelphus woodii; vulnerable to extinction and/or reduced to the species. As discussed under and the largest population of Schiedea reproductive vigor from naturally Factor B of the summary of factors membranacea (HPCC 1990d2, 1991c, occurring events. Because these 17 taxa affecting the species section, these taxa 1993c1, 1993j; Lorence and Flynn are in danger of extinction throughout are threatened by overcollection, due to 1993a, 1993b; Lorence and Wagner all or a significant portion of their low population size. The publication of 1995; Mehrhoff, in litt. 1994; J. Lau and ranges, they fit the definition of precise maps and descriptions of critical K. Wood, pers. comms. 1994). This endangered as defined in the Act. habitat in the Federal Register and local process is often exacerbated by human Although populations of Cyanea recta newspapers as required in designation disturbance and land use practices (See and Myrsine linearifolia are threatened of critical habitat would increase the Factor A). by predation (by rats and/or goats), degree of threat to these plants from take In September 1992, Hurricane ’Iniki habitat modification by pigs and goats, or vandalism and, therefore, could struck the Hawaiian Islands and caused and competition with alien plant contribute to their decline and increase extensive damage, especially on the species, the wider distribution of enforcement problems. The listing of island of Kauai. Many forest trees were populations through a relatively large these taxa as endangered or threatened destroyed, opening the canopy and thus area and greater numbers of individual publicizes the rarity of the plants and, allowing the invasion of light-loving plants reduce the likelihood that these thus, can also make these plants alien plants, which are a threat to the species will become extinct in the near attractive to curiosity seekers or continued existence of many of the d future. For these reasons, Cyanea recta collectors of rare plants. taxa. Over three-fourths of all known and Myrsine linearifolia are not now in All involved parties and the major Labordia tinifolia var. wahiawaensis immediate danger of extinction landowners have been notified of the plants were destroyed as a result of the throughout all or a significant portion of location and importance of protecting hurricane-force winds and substrate their ranges. However, both species are the habitat of these taxa. Protection of subsidence caused by the hurricane (S. likely to become endangered in the the habitats of these plants will be Perlman, pers. comm. 1994). One plant foreseeable future if the threats affecting addressed through the recovery process of Alsinidendron lychnoides, half of one these species are not curbed. As a result, and through the section 7 consultation population of Hibiscus waimeae ssp. Cyanea recta and Myrsine linearifolia process as necessary. At present, the hannerae, and half of the known are designated threatened species. Service is not aware of any Federal individuals of Pritchardia viscosa were Critical habitat is not being designated activity within the currently known destroyed by the hurricane (M. for the 19 taxa included in this rule, for habitats of these plants. The Service Bruegmann, in litt. 1994; S. Perlman, reasons discussed in the ‘‘Critical finds that designation of critical habitat pers. comm. 1994). Damage by future Habitat’’ section below. for these 19 taxa is not prudent at this hurricanes could further decrease the time. Such a designation would increase already reduced numbers and reduced Critical Habitat the degree of threat from vandalism, habitat of most of the 19 taxa in this Critical habitat is defined in section 3 collecting, or other human activities and final rule. of the Act as: (i) The specific areas is unlikely to aid in the conservation of The Service has carefully assessed the within the geographical area occupied these taxa. In addition, designation of best scientific and commercial by a species, at the time it is listed in critical habitat would provide no information available regarding the past, accordance with the Act, on which are benefits beyond those that these species present, and future threats faced by found those physical or biological would receive by virtue of their being Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53087 listed as endangered or threatened regulation or in the course of any Questions regarding whether specific species. violation of a State criminal trespass activities will constitute a violation of law. Section 4(d) of the Act allows for section 9 of the Act should be directed Available Conservation Measures the provision of such protection to to the Pacific Islands Ecoregion Manager Conservation measures provided to threatened species through regulation. (see ADDRESSES section). Requests for plant taxa listed as endangered or This protection may apply to these taxa copies of the regulations concerning threatened under the Act include in the future if regulations are listed plants and inquiries regarding recognition, recovery actions, promulgated. Seeds from cultivated prohibitions and permits may be requirements for Federal protection, and specimens of threatened plants are addressed to the Fish and Wildlife prohibitions against certain activities. exempt from these prohibitions Service, Ecological Services, Recognition through listing results in provided that their containers are Endangered Species Permits, 911 N.E. public awareness and conservation marked ‘‘Of Cultivated Origin.’’ Certain 11th Avenue, Portland, Oregon 97232– actions by Federal, State, and local exceptions to the prohibitions apply to 4181 (telephone: 503/231–6241; agencies, private organizations, and agents of the Service and State facsimile: 503/231–6243). individuals. The Act provides for conservation agencies. Hawaii State Law possible land acquisition and The Act and 50 CFR 17.62, 17.63, and cooperation with the State and requires 17.72 also provide for the issuance of that recovery plans be developed for Federal listing will automatically permits to carry out otherwise invoke listing under the State’s listed species. The requirements for prohibited activities involving listed Federal agencies and the prohibitions endangered species act. Hawaii’s plant species under certain against certain activities involving listed Endangered Species Act states, ‘‘Any circumstances. Such permits are plants are discussed, in part, below. species of aquatic life, wildlife, or land Section 7(a) of the Act, as amended, available for scientific purposes and to plant that has been determined to be an requires Federal agencies to evaluate enhance the propagation or survival of endangered species pursuant to the their actions with respect to any species the species. For threatened plants, [Federal] Endangered Species Act shall that is listed as endangered or permits are also available for botanical be deemed to be an endangered species threatened and with respect to its or horticultural exhibition, educational under the provisions of this critical habitat, if any is being purposes, or special purposes consistent chapter * * *’’ (Hawaii Revised designated. Regulations implementing with the purposes of the Act. It is Statutes (HRS), sect. 195D–4(a)). This this interagency cooperation provision anticipated that few trade permits Federal listing will automatically invoke of the Act are codified at 50 CFR part would be sought or issued for most of listing under Hawaii State law. The 402. Section 7(a)(2) of the Act requires the taxa, because they are not in State law prohibits taking of listed Federal agencies to ensure that activities cultivation or common in the wild. species on private and State lands and they authorize, fund, or carry out are not It is the policy of the Service, encourages conservation by State likely to jeopardize the continued published in the Federal Register on agencies (HRS, sect. 195D–4). However, existence of the species or to destroy or July 1, 1994, (59 FR 34272) to identify the regulations are difficult to enforce adversely modify its critical habitat. If a to the maximum extent practicable at because of limited personnel. Federal action may affect a listed the time a species is listed those National Environmental Policy Act species or its critical habitat, the activities that would or would not responsible Federal agency must enter constitute a violation of section 9 of the The Fish and Wildlife Service has into consultation with the Service. None Act. The intent of this policy is to determined that Environmental of the 19 taxa occur on Federal lands increase public awareness of the effect Assessments and Environmental Impact and no known Federal activities occur of the listing on proposed and ongoing Statements, as defined under the within the present known habitat of activities within the species’ range. authority of the National Environmental these 19 plant taxa. Eighteen of the 19 taxa in this final rule Policy Act of 1969, need not be The Act and its implementing are located on State lands. The Service prepared in connection with regulations regulations set forth a series of general is not aware of any otherwise legal adopted pursuant to section 4(a) of the prohibitions and exceptions that apply activities being conducted by the public Endangered Species Act of 1973, as to all endangered and threatened plants. on State lands that will be affected by amended. A notice outlining the With respect to the 19 plant taxa in this this listing and result in a violation of Service’s reasons for this determination rule, the prohibitions of section 9(a)(2) section 9. Six of the listed taxa was published in the Federal Register of the Act, implemented by 50 CFR (Hibiscadelphus woodii, Hibiscus on October 25, 1983 (48 FR 49244). 17.61, apply. These prohibitions, in waimeae ssp. hannerae, Kokia part, make it illegal for any person kauaiensis, Myrsine linearifolia, Required Determinations subject to the jurisdiction of the United Pritchardia napaliensis, and Pritchardia States to import or export any listed viscosum) may be of horticultural The Service has examined this plant species; transport such species in interest, though none are currently in regulation under the Paperwork interstate or foreign commerce in the commercial trade. Intrastate commerce Reduction Act of 1995 and found it to course of a commercial activity; sell or (commerce within a State) is not contain no information collection offer for sale in interstate or foreign prohibited under the Act. However, requirements. This rulemaking was not commerce; or to remove and reduce to interstate and foreign commerce (sale or subject to review by the Office of possession any such species from areas offering for sale across State or Management and Budget under under Federal jurisdiction. In addition, international boundaries), will require a Executive Order 12866. it is illegal to maliciously damage or Federal endangered species permit. References Cited destroy any endangered plant from areas (Endangered species may be advertised under Federal jurisdiction; or remove, for sale provided the advertisement A complete list of all references cited cut, dig up, damage, or destroy any contains a statement that no sale may be herein is available upon request from endangered species on any other area in consummated until a permit has been the Pacific Islands Ecoregion Office (See knowing violation of any State law or obtained from the Service.) ADDRESSES section). 53088 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Author Regulation Promulgation Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– The authors of this final rule are Accordingly, the Service hereby 625, 100 Stat. 3500; unless otherwise noted. Christa Russell and Marie M. amends part 17, subchapter B of chapter 2. Section 17.12(h) is amended by Bruegmann, Pacific Islands Ecoregion I, title 50 of the Code of Federal adding the following, in alphabetical Office (see ADDRESSES section). Regulations, as set forth below: order under FLOWERING PLANTS, to List of Subjects in 50 CFR Part 17 the List of Endangered and Threatened PART 17Ð[AMENDED] Plants to read as follows: Endangered and threatened species, Exports, Imports, Reporting and 1. The authority citation for part 17 § 17.12 Endangered and threatened plants. recordkeeping requirements, continues to read as follows: * * * * * Transportation. (h) * * *

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

FLOWERING PLANTS:

******* Alsinidendron Kuawawaenohu ...... U.S.A.(HI) CaryophyllaceaeÐPink ...... E 590 NA NA lychnoides.

******* Alsinidendron None ...... U.S.A.(HI) CaryophyllaceaeÐPink ...... E 590 NA NA viscosum.

******* Cyanea recta .... Haha ...... U.S.A.(HI) CampanulaceaeÐBellflower ...... T 590 NA NA

******* Cyanea remyi .... Haha ...... U.S.A.(HI) CampanulaceaeÐBellflower ...... E 590 NA NA

******* Cyrtandra Mapele ...... U.S.A.(HI) GesneriaceaeÐAfrican violet ...... E 590 NA NA cyaneoides.

******* Delissea rivularis 'Oha ...... U.S.A.(HI) CampanulaceaeÐBellflower ...... E 590 NA NA

******* Hibiscadelphus Hau kuahiwi ...... U.S.A.(HI) MalvaceaeÐMallow ...... E 590 NA NA woodii.

******* Hibiscus Koki'o ke'oke'o ...... U.S.A.(HI) MalvaceaeÐMallow ...... E 590 NA NA waimeae ssp. hannerae. ******* Kokia kauaiensis Koki'o ...... U.S.A.(HI) MalvaceaeÐMallow ...... E 590 NA NA ******* Labordia tinifolia Kamakahala ...... U.S.A.(HI) LoganiaceaeÐLogania ...... E 590 NA NA var. wahiawaensis. ******* Myrsine Kolea ...... U.S.A.(HI) MyrsinaceaeÐMyrsine ...... T 590 NA NA linearifolia. ******* Phyllostegia None ...... U.S.A.(HI) LamiaceaeÐMint ...... E 590 NA NA knudsenii. ******* Phyllostegia None ...... U.S.A.(HI) LamiaceaeÐMint ...... E 590 NA NA wawrana. ******* Pritchardia Loulu ...... U.S.A.(HI) ArecaceaeÐPalm ...... E 590 NA NA napaliensis. ******* Pritchardia Loulu ...... U.S.A.(HI) ArecaceaeÐPalm ...... E 590 NA NA viscosa. ******* Schiedea helleri None ...... U.S.A.(HI) CaryophyllaceaeÐPink ...... E 590 NA NA ******* Schiedea None ...... U.S.A.(HI) CaryophyllaceaeÐPink ...... E 590 NA NA membranacea. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53089

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

******* Schiedea None ...... U.S.A.(HI) CaryophyllaceaeÐPink ...... E 590 NA NA stellarioides. ******* Viola kauaensis Nani wai'ale'ale ...... U.S.A.(HI) ViolaceaeÐViolet ...... E 590 NA NA var. wahiawaensis. *******

Dated: September 24, 1996. rule implements the Federal protection centimeters (cm) (50 to 250 inches (in.)), John G. Rogers, provisions provided by the Act for these most of which is received at higher Acting Director, Fish and Wildlife Service. plant taxa. elevations along the entire length of the [FR Doc. 96–25558 Filed 10–09–96; 8:45 am] EFFECTIVE DATE: This rule takes effect windward (northeastern) side BILLING CODE 4310±55±P November 12, 1996. (Taliaferro 1959). ADDRESSES: The complete file for this Nineteen of the plant taxa in this final rule is available for inspection, by rule occur in the Koolau Mountains— 50 CFR Part 17 appointment, during normal business Chamaesyce rockii, Cyanea acuminata, hours at the U.S. Fish and Wildlife Cyanea humboldtiana, Cyanea RIN 1018±AD50 Service, 300 Ala Moana Boulevard, koolauensis, Cyanea longiflora, Cyanea st.-johnii, Cyrtandra dentata, Cyrtandra Endangered and Threatened Wildlife Room 3108, P.O. Box 5088, Honolulu, subumbellata, Cyrtandra viridiflora, and Plants; Determination of Hawaii 96850. Delissea subcordata, Gardenia mannii, Endangered Status for Twenty-five FOR FURTHER INFORMATION CONTACT: Labordia cyrtandrae, Lobelia Plant Species From the Island of Oahu, Brooks Harper, Field Supervisor, gaudichaudii ssp. koolauensis, Lobelia Hawaii Ecological Services (see ADDRESSES section) (telephone: 808/541–3441; monostachya, Melicope saint-johnii, AGENCY: Fish and Wildlife Service, facsimile 808/541–3470). Myrsine juddii, Phyllostegia hirsuta, Interior. Trematolobelia singularis, and Viola SUPPLEMENTARY INFORMATION: ACTION: Final rule. oahuensis. The vegetation communities Background of the Koolau Mountains, especially in SUMMARY: The U.S. Fish and Wildlife Chamaesyce herbstii, Chamaesyce the upper elevations to which many of Service (Service) determines rockii, Cyanea acuminata, Cyanea the plant taxa in this final rule are endangered status pursuant to the humboldtiana, Cyanea koolauensis, restricted, are primarily lowland mesic Endangered Species Act of 1973, as Cyanea longiflora, Cyanea st.-johnii, and wet forests dominated by amended (Act), for 25 plant taxa— Cyrtandra dentata, Cyrtandra Metrosideros polymorpha (‘ohi‘a) and/or Chamaesyce herbstii (‘akoko), subumbellata, Cyrtandra viridiflora, other tree or fern taxa. However, the Chamaesyce rockii (‘akoko), Cyanea Delissea subcordata, Eragrostis vegetation now covering the Koolau acuminata (haha), Cyanea fosbergii, Gardenia mannii, Labordia Mountain Range is mostly alien. The humboldtiana (haha), Cyanea cyrtandrae, Lepidium arbuscula, Lobelia majority of the remaining native koolauensis (haha), Cyanea longiflora gaudichaudii ssp. koolauensis, Lobelia vegetation is restricted to steep valley (haha), Cyanea st.-johnii (haha), monostachya, Melicope saint-johnii, head walls and inaccessible summit Cyrtandra dentata (ha‘iwale), Cyrtandra Myrsine juddii, Phyllostegia hirsuta, ridges. The windswept ridges are very subumbellata (ha‘iwale), Cyrtandra Phyllostegia kaalaensis, Pritchardia steep and are characterized by grasses, viridiflora (ha‘iwale), Delissea kaalae, Schiedea kealiae, ferns, and low-growing, stunted shrubs subcordata (‘oha), Eragrostis fosbergii Trematolobelia singularis, and Viola (Gagne and Cuddihy 1990). (No common name (NCN)), Gardenia oahuensis are endemic to the island of The Waianae Mountains were built by mannii (nanu), Labordia cyrtandrae Oahu, Hawaiian Islands. eruptions that took place primarily (kamakahala), Lepidium arbuscula The island of Oahu is formed from the along three rift zones. The two principal (‘anaunau), Lobelia gaudichaudii ssp. remnants of two large shield volcanoes, rift zones run in a northwestward and koolauensis (NCN), Lobelia the younger Koolau volcano on the east south-southeastward direction from the monostachya (NCN), Melicope saint- and the older Waianae volcano to the summit and a lesser one runs to the johnii (alani), Myrsine juddii (kolea), west (Department of Geography 1983). northeast. The range is approximately Phyllostegia hirsuta (NCN), Phyllostegia Their original shield volcano shape has 64 km (40 mi) long. The caldera lies kaalaensis (NCN), Pritchardia kaalae been lost as a result of extensive between the north side of Makaha (loulu), Schiedea kealiae (NCN), erosion, and today these volcanoes are Valley and the head of Nanakuli Valley Trematolobelia singularis (NCN), and called mountains or ranges, and consist (MacDonald et al. 1983). The Waianae Viola oahuensis (NCN). All 25 taxa are of long, narrow ridges. The Koolau Mountains are in the rain shadow of the endemic to the island of Oahu, Mountains were built by eruptions that parallel Koolau Mountains and except Hawaiian Islands. The 25 plant taxa and took place primarily along a northwest- for Mt. Kaala, the highest point on Oahu their habitats have been variously trending rift zone (Macdonald et al. (1,225 meters (m)) 4,020 feet (ft)), affected or are currently threatened by 1983) and formed a range now receive much less rainfall (Wagner et al. one or more of the following— approximately 60 kilometers (km) (37 1990). The median annual rainfall for competition, predation, or habitat miles (mi)) long (Foote et al. 1972). the Waianae Mountains varies from 51 degradation from alien species; human Median annual rainfall for the Koolau to 190 cm (20 to 75 in) with only the impacts; fire; and natural disasters. This Mountains varies from 130 to 640 small summit area of Mt. Kaala 53090 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations receiving the highest amount. Relative normally 8 to 19.5 cm (3.1 to 7.7 in.) Joseph F. Rock collected a plant in to the Koolau Mountains, the Waianae long and 1.8 to 3.8 cm (0.7 to 1.5 in.) 1908 in the Koolau Mountains, Oahu, Mountains have a greater range of wide, are narrowly oblong or sometimes which was described a year later by elevations, moisture regimes, and more lance-shaped or elliptic. The Charles Noyes Forbes as Euphorbia habitat types. As a result, the most leaves are arranged in pairs on the same rockii. Leon Croizat and Otto Degener biologically diverse region on the island plane. The small, petalless flower (Degener and Croizat 1936) later of Oahu is the Waianae Mountains. clusters (cyathia or compact flowering transferred the species to Chamaesyce, Thirteen of the 25 plant taxa occur in stalks with small individual flowers, the resulting in the new combination the Waianae Mountains—Chamaesyce whole simulating a single flower) occur Chamaesyce rockii, the name accepted herbstii, Cyanea longiflora, Cyrtandra in groups of 3 to 15 in branched, open in the current treatment of Hawaiian dentata, Delissea subcordata, Eragrostis flowering stalks. The individual flower members of the genus (Koutnik 1990). fosbergii, Gardenia mannii, Labordia stalks are 8 to 20 millimeters (mm) (0.3 The specific epithet honors Rock, an cyrtandrae, Lepidium arbuscula, to 0.8 in.) long. The hairy inflorescence intrepid collector and scholar of the Melicope saint-johnii, Phyllostegia bracts (specialized leaves) are broadly Hawaiian flora. hirsuta, Phyllostegia kaalaensis, bell-shaped and contain five to six Chamaesyce rockii, a member of the Pritchardia kaalae, and Schiedea yellowish green glands. The green or spurge family, is usually a compact kealiae. These taxa, with the exception sometimes reddish purple-tinged, shrub or sometimes a small tree of Lepidium arbuscula and Schiedea angular capsules (dry fruit that open at typically ranging from 0.5 to 2 m (1.6 to kealiae, are found primarily in mesic maturity) scarcely protrude from the 6.6 ft) tall, but in protected sites it has forests dominated by ‘ohi‘a, Acacia koa bracts. This species is distinguished been known to reach 4 m (13 ft) in (koa), Diospyros sandwicensis (lama), or from others in the genus by the length height. The leathery leaves, generally 8 a diverse mix of trees. Lepidium of the flowering stalk and the color of to 14 cm (3 to 5.5 in.) long and 2 to 3.5 arbuscula is found primarily in mesic the angular fruits (Koutnik 1990). cm (0.8 to 1.4 in.) wide, are narrowly shrublands on ridges, steep slopes, and Historically Chamaesyce herbstii was oblong to oblong-elliptic or sometimes cliffs composed of a variety of native known from scattered populations in narrowly elliptic in shape. The leaves shrubs, herbs, and grasses. Schiedea the northern and central Waianae are arranged in two opposite rows along kealiae is found on dry cliff Mountains on the island of Oahu the stem, and have smooth leaf margins. communities with a variety of native (Hawaii Heritage Program (HHP) 1994c1 The cyathia occur in groups of about 3 trees and shrubs (Joel Lau, The Nature to 1994c5). Currently this species is to 10 in branched, open to sometimes Conservancy of Hawaii (TNCH), pers. known from four populations in the condensed flowering stalks that are comm., 1994). central and northern Waianae usually 2 to 6 cm (0.8 to 2.4 in.) long. The known habitat of these 25 plant Mountains—South Ekahanui Gulch, The bracts of the flowering stalks are taxa is owned by the City and County Pahole (Kukuiula) Gulch, Kapuna broadly bell-shaped and contain five to of Honolulu, the State of Hawaii Gulch, and West Makaleha-Central six greenish yellow, green, or red (including land classified as Department Makaleha. These populations are found glands. The fruit is a brilliant red of Hawaiian Homelands, Natural Area on private land in TNCH’s Honouliuli (sometimes pink-tinged red), round, Reserve (NAR) System, Forest Reserve, Preserve and State land, including hairless capsule, 14 to 25 mm (0.6 to 1 and land leased by the Federal Pahole NAR (HHP 1994c1 to 1994c5). in.) long. The fruit protrudes noticeably Government (Department of Defense The total number of plants is estimated from the bracts. This species differs (DOD)) for military use), the Federal to be fewer than 200. Chamaesyce from others in the genus in that it has Government, and private parties. Plants herbstii typically grows in mesic koa- large, red, capsular fruit (Koutnik 1990). on land owned or leased by the Federal ‘ohi‘a lowland forests, Pisonia sp. Chamaesyce rockii was known government are located on portions of (papala kepau)-Charpentiera sp. historically from scattered populations Dillingham, Kaena Point, Makua, and (papala) lowland forests, or diverse along the Koolau Mountains on the Schofield Barracks Military mesic forests at elevations between 530 island of Oahu (HHP 1994d1 to Reservations; Kawailoa and Kahuku and 700 m (1,750 to 2,300 ft). 1994d13). Eleven of the thirteen known training areas; Lualualei Naval Associated plant taxa include the populations of this species are extant Reservation; and the Omega U.S. Coast federally endangered Alectryon and are found on private land and State Guard Station. Private lands include macrococcus var. macrococcus (mahoe), land leased by DOD for the Kawailoa Honouliuli Preserve, leased from a as well as Hibiscus arnottianus var. Training Area, as well as on Federal major landowner by TNCH. arnottianus (koki‘o ke‘oke‘o), Melicope land on Schofield Barracks Military sp. (alani), Pouteria sp. (‘ala‘a), and Reservation (HHP 1994d1 to 1994d11). Discussion of the 25 Plant Taxa Urera glabra (opuhe) (HHP 1994c1 to Currently the total number of plants is Included in This Final Rule 1994c5). estimated to be between 200 and 400 Chamaesyce herbstii was first The primary threats to Chamaesyce plants. Chamaesyce rockii typically described by Warren Wagner (1988) herbstii are habitat degradation and/or grows in wet ‘ohi‘a-Dicranopteris based on a specimen collected by Derral destruction by feral pigs (Sus scrofa); linearis (uluhe) forest and shrubland Herbst in 1969 in the Waianae competition with alien plant taxa such between 640 and 915 m (2,100 and Mountains of Oahu. Other published as Grevillea robusta (silk oak), Passiflora 3,000 ft) in elevation. Associated plant names which Wagner considers to be suberosa (huehue haole), Psidium taxa include Dubautia laxa (na‘ena‘e synonymous with Chamaesyce herbstii cattleianum (strawberry guava), and pua melemele), Machaerina sp. (‘uki), include C. rockii var. grandifolia, Schinus terebinthifolius (Christmas Psychotria fauriei (kopiko), Wikstroemia Euphorbia clusiaefolia var. grandifolia, berry); potential fire; and risk of sp. (‘akia), and Myrsine juddii (kolea) and E. forbesii (Hillebrand 1888, extinction from naturally occurring (HHP 1994d4). Koutnik 1985, Wagner 1988). events (such as hurricanes) and/or The primary threats to Chamaesyce Chamaesyce herbstii, a member of the reduced reproductive vigor due to the rockii are habitat degradation and/or spurge family (Euphorbiaceae), is a small number of remaining populations destruction by feral pigs, potential small tree ranging from 3 to 8 m (10 to (HHP 1994c1 to 1994c5; Christa Russell, impacts from military activities, and 26 ft) tall. The thin, leathery leaves, TNCH, pers. comm. 1994). competition with alien plant taxa, such Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53091 as strawberry guava and Clidemia hirta 1994e12, 1994e20, 1994e24, 1994e25). Cyanea humboldtiana was known (Koster’s curse) (HHP 1994d1 to 1994d5, This species typically grows on slopes, historically from 17 populations from 1994d7, 1994d8). ridges, or stream banks from 305 to 915 the central portion to the southern end While a pharmaceutical botanist on m (1,000 to 3,000 ft) elevation. The of the Koolau Mountains of Oahu (HHP the vessel Uranie, Charles Gaudichaud- plants are found in mesic to wet ‘ohi‘a- 1994f1 to 1994f17). Currently, between Beaupre collected a new lobelioid on uluhe, koa-‘ohi‘a, or Diospyros 100 and 220 plants are known from Oahu, which he later described and sandwicensis (lama)-‘ohi‘a forest (HHP three populations—Konahuanui named Delissea acuminata (Hillebrand 1994e1 to 1994e9, 1994e11, 1994e12, summit, Moanalua-Kaneohe summit, 1888). Wilhelm Hillebrand (1888) 1994e24, 1994e25; Lammers 1990). and Lulumahu Gulch. These transferred this species to the genus The major threats to Cyanea populations occur on private land, State Cyanea, resulting in the new acuminata are habitat degradation and/ land, and Federal land on the Omega combination Cyanea acuminata. This is or destruction by feral pigs; potential U.S. Coast Guard Station (HHP 1994f1, the name accepted in the current impacts from military activities; 1994f2, 1994f16). This species is usually treatment of Hawaiian members of the potential predation by rats; competition found in wet ‘ohi‘a-uluhe shrubland family (Lammers 1990). Other published with the noxious alien plant Christmas from 550 to 960 m (1,800 to 3,150 ft) names considered synonymous with berry, Koster’s curse, and Ageratina elevation. Associated native plant taxa Cyanea acuminata include C. adenophora (Maui pamakani); and risk include ferns, alani, ‘uki, Ilex anomala acuminata var. calycina, C. acuminata of extinction from naturally occurring (kawa‘u), and Scaevola mollis (naupaka forma latifolia, C. occultans, Delissea events and/or reduced reproductive kuahiwi) (HHP 1994f1, 1994f16). acuminata var. calycina, D. acuminata vigor due to the small number of Habitat degradation and/or forma latifolia, D. acuminata var. remaining individuals (HHP 1994e1 to destruction by feral pigs, potential latifolia, D. occultans, and Lobelia 1994e4, 1994e7, 1994e8, 1994e10 to predation by rats, competition with the acuminata (Degener and Degener 1982, 1994e12, 1994e20; J. Lau, C. Russell, alien plant Koster’s curse, and a risk of Hosaka and Degener 1938, Lammers and Joan Yoshioka, TNCH, pers. comms. extinction from naturally occurring 1990, St. John 1981 and 1987b, Wawra 1994). events and/or reduced reproductive 1873). vigor, due to the small number of While a botanist on the vessel La Cyanea acuminata, a member of the remaining populations, are the major Bonite on his third trip to Hawaii, bellflower family (Campanulaceae), is threats to Cyanea humboldtiana. The Gaudichaud-Beaupre collected a new an unbranched shrub 0.3 to 2 m (1 to 6.6 Konahuanui summit population also is lobelioid on Oahu which he later ft) tall. The leaves, 11 to 32 cm (4.3 to threatened by trampling by hikers (HHP described and named as Rollandia 12.6 in.) long and 3 to 9 cm (1.2 to 3.5 1994f1, 1994f2; J. Lau, C. Russell, and J. humboldtiana (Lammers 1990). Other in.) wide, are inversely lance-shaped to Yoshioka, pers. comms. 1994). narrowly egg-shaped or elliptic. The published names considered Cyanea koolauensis was first upper leaf surface is green, whereas the synonymous with Rollandia described by Hillebrand (1888) as lower surface is whitish green. The humboldtiana include Delissea Rollandia longiflora var. angustifolia, slightly hardened leaf edges contain racemosa, Rollandia humboldtiana based on a specimen he collected on small, spreading, pointed teeth. The leaf forma albida, R. pedunculosa, and R. Oahu. In 1918 Rock elevated the variety stalks are 2 to 10 cm (0.8 to 4 in.) long. racemosa (Hillebrand 1888, Lammers to full species status as Rollandia Six to 20 flowers are arranged on a 1990, Mann 1867–1868, St. John 1940, angustifolia (Rock 1918b). Lammers et flowering stalk 15 to 60 mm (0.6 to 2.4 Wawra 1873). Recently, Lammers, al. (1993) published the new name in.) long. The calyx lobes, 2 to 5 mm Thomas Givnish, and Kenneth Sytsma Cyanea koolauensis to replace (0.08 to 0.2 in.) long, are narrowly merged the endemic Hawaiian genera Rollandia angustifolia when they triangular. The corolla is white and Cyanea and Rollandia under the former merged Cyanea and Rollandia, as the sometimes tinged purplish, 30 to 35 mm name and published the new name Cyanea angustifolia had already (1.2 to 1.4 in.) long and 3 to 4 mm (0.1 combination Cyanea humboldtiana been used. to 0.2 in.) wide. The tubular portion of (Lammers et al. 1993). The specific Cyanea koolauensis, a member of the the flower is almost erect to slightly epithet honors the German naturalist bellflower family, is an unbranched curved, while the lobes are one-fourth to and explorer, Baron Alexander von shrub with woody stems, 1 to 1.5 m (3.5 one-third as long as the tube and Humboldt. to 5 ft) tall. The leaves are linear to spreading. The yellow to yellowish Cyanea humboldtiana, a member of narrowly elliptic with a whitish orange, round berries are approximately the bellflower family, is an unbranched underside, 16 to 36 cm (6.3 to 14.2 in.) 5 mm (0.2 in.) long. This species is shrub with woody stems 1 to 2 m (3.2 long and 1.5 to 4 cm (0.6 to 1.6 in.) distinguished from others in this to 6.6 ft) tall. The leaves are inversely wide. The leaf edges are hardened with endemic Hawaiian genus by the color of egg-shaped to broadly elliptic, 18 to 45 shallow, ascending rounded teeth. The the petals and fruit and length of the cm (7 to 18 in.) long and 7 to 16 cm (2.8 leaf stalks are 1.5 to 4.5 cm (0.6 to 1.8 calyx lobes, flowering stalk, and leaf to 6.3 in.) wide. The leaf edges are in.) long. The flowering stalks are three stalks (Lammers 1990). hardened and have shallow, ascending to six-flowered. The flowering stalk is Historically, Cyanea acuminata was rounded teeth. Five to twelve flowers 15 to 40 mm (0.6 to 1.6 in.) long. The known from 31 scattered populations in are arranged on a hairy, downward hypanthium (basal portion of the the Koolau Mountains of Oahu (HHP bending flowering stalk which is 8 to 25 flower) is 6 to 12 mm (0.2 to 0.5 in.) 1994e1 to 1994e32). Currently, fewer cm (3 to 10 in.) long. The dark magenta long. The calyx lobes are fused into a than 100 plants are known from 15 or white petals are 6 to 7.5 cm (2.4 to sheath 2 to 8 mm (0.08 to 0.3 in.) long. populations on privately owned land; 3 in.) long and hairy. The pale orangish The dark magenta petals are 5 to 9 cm City and County of Honolulu land; State yellow berries are elliptic to inversely (2.0 to 3.5 in.) long. The fruit is a round land, including land leased by the DOD egg-shaped. This species differs from berry. Cyanea koolauensis is for the Kawailoa Training Area; and others in this endemic Hawaiian genus distinguished from others in this Federal land on Schofield Barracks by the downward bending flowering endemic Hawaiian genus by the leaf Military Reservation and the Omega stalk and the length of the flowering shape and width, the whitish green Coast Guard Station (HHP 1994e1 to stalk (Lammers 1990). lower leaf surface and, the lengths of the 53092 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations leaf stalks, calyx lobes, and hypanthium staminal column are dark magenta. The specific epithet honors the late Harold (Lammers 1990). berries are almost pear-shaped. Cyanea St. John. Cyanea koolauensis was known longiflora differs from others in this Cyanea st.-johnii, a member of the historically from 27 scattered endemic Hawaiian genus by the fused bellflower family, is an unbranched populations throughout the Koolau calyx lobes (Lammers 1990). shrub with a woody stem 30 to 60 cm Mountains on Oahu (HHP 1994g1 to Cyanea longiflora was known (12 to 24 in.) long. The leaves are lance- 1994g28). Currently, 14 populations historically from five populations in the shaped to inversely lance-shaped, 6 to totalling fewer than 50 plants are known Waianae Mountains and six populations 13 cm (2.4 to 5.1 in.) long and 1.5 to 2 from the Waimea-Malaekahana Ridge to in the Koolau Mountains of Oahu (HHP cm (0.6 to 0.8 in.) wide. The leaf edges Hawaii Loa Ridge in the Koolau 1994h1, 1994h2 to 1994h14). Currently are thickened, smoothly toothed, and Mountains. These populations occur on five populations of this species are curl under. The flowering stalk is 5 to City and County of Honolulu land, known: Pahole Gulch, Makaha Valley, 15 mm (0.2 to 0.6 in.) long, with 5 to private land, and State land, including and Makaha-Waianae Ridge in the 20 flowers. The hairless, white petals, 3 land leased to the DOD for the Kahuku Waianae Mountains; and Kawainui to 6 cm (1.2 to 2.4 in.) long, are suffused and Kawailoa Training Areas (HHP Drainage and Opaeula Gulch in the with pale violet in the inner surface. 1994g1 to 1994g12, 1994g18, 1994g19, Koolau Mountains (HHP 1994h1, This species is distinguished from 1994g22). Cyanea koolauensis usually is 1994h3, 1994h11 to 1994h14). These 5 others in this endemic Hawaiian genus found on slopes and ridge crests in wet populations total between 220 and 300 by the length of the leaves, the distinctly ‘ohi‘a-uluhe forest or shrubland at plants. The populations are found on curled leaf margins, and the petal color elevations from 520 to 810 m (1,700 to City and County of Honolulu land, (Lammers 1990). 2,660 ft). Associated plant taxa include private land leased by the DOD for the Cyanea st.-johnii was known alani, Antidesma sp. (hame), Kawailoa Training Area, and State- historically from 11 populations in the Diplopterygium pinnatum, Psychotria owned land, including Pahole NAR. central and southern Koolau Mountains sp. (kopiko), and Scaevola sp. (naupaka) Cyanea longiflora usually is found on of Oahu (HHP 1994i1 to 1994i11). (HHP 1994g1 to 1994g12, 1994g18, steep slopes or ridge crests in mesic koa- Currently, between 40 and 50 plants are 1994g19, 1994g22; Lammers 1990). ’ohi’a forest in the Waianae Mountains known from 5 populations—Waimano Cyanea koolauensis is threatened by or wet ’ohi’a-uluhe forest in the Koolau Trail summit to Aiea Trail summit, the habitat destruction by feral pigs, Mountains, usually between 620 and summit ridge crest between Manana and potential impacts from military 780 m (2,030 and 2,560 ft) elevation. Kipapa trails, between the summit of activities, potential predation by rats, Associated plant taxa in koa-’ohi’a forest Aiea and Halawa trails, Summit Trail competition with the aggressive alien include hame, kopiko, uluhe, Coprosma south of Poamoho cabin, and Wailupe- plants Koster’s curse and strawberry sp. (pilo), and Syzygium sp. (’ohi’a ha). guava, trampling by hikers, Waimanalo summit ridge. These In wet ’ohi’a-uluhe forest, associated overcollection, and risk of extinction populations are found on City and native taxa include ’akia, alani, from naturally occurring events and/or County of Honolulu, private, and State reduced reproductive vigor due to the Cibotium sp. (hapu’u), Dubautia sp. lands (HHP 1994i1, 1994i7, 1994i9 to small number of remaining individuals (na’ena’e), Hedyotis sp., and 1994i11). This species typically grows (HHP 1994g1 to 1994g5, 1994g7, Pittosporum sp. (ho’awa) (HHP 1994h1, on wet, windswept slopes and ridges 1994g22; Loyal Mehrhoff, U.S. Fish and 1994h3, 1994h11, 1994h13, 1994h14; from 690 to 850 m (2,260 to 2,800 ft) Wildlife Service, J. Lau, C. Russell, and Lammers 1990). elevation in ’ohi’a mixed shrubland or J. Yoshioka, pers. comms. 1994). The major threats to Cyanea longiflora ’ohi’a-uluhe shrubland. Associated Cyanea longiflora was first collected are habitat degradation and/or plant taxa include naupaka kuahiwi, by Hillebrand on Oahu and named in destruction by feral pigs, potential ’uki, Bidens sp. (ko’oko’olau), and 1873, by Dr. Heinrich Wawra, as impacts from military activities, Freycinetia arborea (’ie’ie) (HHP 1994i1, Rollandia longiflora (Hillebrand 1888). potential predation by rats, competition 1994i7, 1994i9 to 1994i11). Other names considered synonymous with the alien plants strawberry guava Cyanea st.-johnii is threatened by with Rollandia longiflora are R. and Rubus argutus (prickly Florida habitat degradation and/or destruction lanceolata var. brevipes and R. blackberry) in the Waianae Mountains by feral pigs, potential predation by rats, sessilifolia (Degener 1932, Lammers and Koster’s curse in the Koolau competition with the noxious alien 1990, Wimmer 1953). Recently Lammers Mountains, potential fire, and a risk of plant Koster’s curse, and risk of et al. (1993) published the new extinction from naturally occurring extinction from naturally occurring combination Cyanea longiflora. The events and/or reduced reproductive events and/or reduced reproductive specific epithet refers to the long vigor due to the small number of vigor due to the small number of flowers. remaining, widely dispersed remaining populations and individuals. Cyanea longiflora, a member of the populations (HHP 1994h1, 1994h3, The plants between the summit of Aiea bellflower family, is an unbranched 1994h12 to 1994h14; J. Lau, C. Russell, and Halawa Trail also are threatened by shrub with woody stems 1 to 3 m (3.5 and J. Yoshioka, pers. comms. 1994). trampling by hikers (HHP 1994i7, to 10 ft) long. The leaves are elliptic or While hiking in the Koolau 1994i9, 1994i10; J. Lau, C. Russell, and inversely lance-shaped, 30 to 55 cm (12 Mountains of Oahu, Edward Hosaka J. Yoshioka, pers. comms. 1994). to 22 in.) long and 6 to 12 cm (2.4 to collected a new lobelioid, which he In 1945 St. John collected a plant 4.7 in.) wide. Mature leaves have later described and named Rollandia st.- specimen on Oahu that he and W.B. smooth or hardened leaf edges with johnii (St. John and Hosaka 1935). Storey named Cyrtandra dentata (St. shallow, ascending, rounded teeth. The Rollandia st.-johnii var. obtusisepala John and Storey 1950). In the same flowering stalks are 5 to 10-flowered (Wimmer 1953) is not recognized in the paper, St. John and Storey also and 30 to 60 mm (1.2 to 2.4 in.) long. most recent treatment of Hawaiian described Cyrtandra frederickii, now The calyx lobes are fused into an members of the family (Lammers 1990). considered synonymous with Cyrtandra irregularly toothed sheath 2 to 4 mm Lammers et al. (1993) published the dentata (Wagner et al. 1990). The (0.08 to 0.2 in.) long. The petals, 6 to 9 new name Cyanea st.-johnii when specific epithet refers to the toothed cm (2.4 to 3.5 in.) long, and the hairless Cyanea and Rollandia were merged. The margin of the leaf blades. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53093

Cyrtandra dentata, a member of the (Wagner et al. 1990). St. John’s (1966) 1911. Other published names now African violet family (Gesneriaceae), is variety intonsa is not currently considered synonyms of this species are a sparingly branched shrub ranging from recognized (Wagner et al. 1990). The Cyrtandra crassifolia and C. pickeringii 1.5 to 5 m (5 to 16 ft) tall. Papery in specific epithet refers to the umbrella- var. crassifolia (Hillebrand 1888, Rock texture, the leaves are broadly elliptic to like flowering stalk. 1918a, St. John 1966, Wagner et al. almost circular or broadly egg-shaped to Cyrtandra subumbellata, a member of 1990). The specific epithet refers to the egg-shaped, 9 to 33 cm (3.5 to 13 in.) the African violet family, is a shrub 2 to conspicuous green flowers. long, and 3 to 17 cm (1.2 to 6.7 in.) 3 m (6.6 to 10 ft) tall. Papery in texture, Cyrtandra viridiflora, a member of the wide. Three to nine white flowers are the leaves are almost circular to egg- African violet family, is a small shrub arranged on an inverse umbrella-shaped shaped, 12 to 39 cm (4.7 to 15.4 in.) 0.5 to 2 m (1.6 to 6.6 ft) tall. The thick, flower cluster which arises from the leaf long, and 3 to 19 cm (1.2 to 7.5 in.) fleshy, heart-shaped leaves are 6 to 15 axil. The main flower stalk is 25 to 50 wide. The upper leaf surface is cm (2.4 to 6 in.) long, 3.5 to 7.5 cm (1.4 mm (1 to 2 in.) long and the individual wrinkled, whereas the lower surface has to 3 in.) wide, and have toothed flower stalks are 15 to 33 mm (0.6 to 1.3 conspicuously raised net-like veins and margins. Both the upper and lower in.) long. The leaf-like bracts are 12 to is moderately covered with white surfaces have long, velvety, pale hairs. 30 mm (0.5 to 1.2 in.) long. The tubular glands. Five to 15 white flowers are One to five green flowers are arranged portion of the flower is 12 to 25 mm (0.5 densely arranged on an inverse on an inverse umbrella-shaped to 1 in.) long and 4 to 9 mm (0.2 to 0.4 umbrella-shaped flowering stalk which flowering stalk. The pale green calyx is in.) in diameter. The upper flower lobes arises from the leaf axil. The main 12 to 15 mm (0.5 to 0.6 in.) long. The are 2 to 6 mm (0.08 to 0.2 in.) long and flower stalk is 2 to 8 mm (0.08 to 0.3 in.) round, white berries are 1.3 cm (0.5 in.) 3 to 7 mm (0.1 to 0.3 in.) wide, while long. The style is approximately 10 mm or longer. This species is distinguished the lower lobes are 3 to 17 mm (0.1 to (0.4 in.) long. The round, white berries from others in the genus by the leaves, 0.7 in.) long and 4 to 9 mm (0.2 to 0.4 are 1 to 1.5 cm (0.4 to 0.6 in.) long. This which are thick, fleshy, heart-shaped, in.) wide. The round white berries are species is distinguished from others in and densely hairy on both surfaces 1 to 2.6 cm (0.4 to 1 in.) long. This the genus by the number and (Wagner et al. 1990). species is distinguished from others in arrangement of the flowers, the lengths Historically, Cyrtandra viridiflora was the genus by the number and of the style and main flower stalks, and known from seven scattered populations arrangement of the flowers, the length of the texture of the leaves (Wagner et al. in the Koolau Mountains on the island the bracts and flower stalks, and the 1990). of Oahu (HHP 1994L1 to 1994L7). This shape of the leaves (Wagner et al. 1990). Historically, Cyrtandra subumbellata species is now known only from four Cyrtandra dentata was historically was known from six scattered populations in the northern Koolau known from six populations in the populations in the central Koolau Mountains—Kawainui-Laie summit Waianae Mountains and three Mountains on the island of Oahu (HHP divide, Kawainui-Kaipapau summit populations in the Koolau Mountains of 1994k1 to 1994k6). This species is now divide, Maakua-Kaipapau Ridge, and Oahu (HHP 1994j1 to 1994j9). Currently, known from three populations in the the Peahinaia Trail. Fewer than 10 this species is found only in the central Koolau Mountains—Schofield- plants are known from these 4 Waianae Mountains in Pahole Gulch Waikane Trail and Puu Ohulehule on populations on State land and private and Kapuna Valley on State land private and State land and Kaukonahua land leased by the DOD for Kawailoa (within Pahole NAR) and in Ekahanui drainage on Federal land within Training Area (HHP 1994L4 to 1994L7). Gulch on State and private land (within Schofield Barracks Military Reservation Cyrtandra viridiflora is usually found on TNCH’s Honouliuli Preserve) (HHP (HHP 1994k2, 1994k5, 1994k6). The wind-blown ridge tops in cloud-covered 1994j2, 1994j6, 1994j7). The 3 known total number of plants currently is wet forest or shrubland at elevations of populations total fewer than 50 estimated to be fewer than 50. This 690 to 850 m (2,260 to 2,800 ft). individuals. Cyrtandra dentata typically species typically grows on moist, Associated plant taxa include kanawao, grows in gulches, slopes, or ravines in forested slopes or gulch bottoms ’ohi’a, ’ohi’a ha, ’uki, and uluhe (HHP mesic forest with ’ohi’a, ’ohi’a ha, and dominated by ’ohi’a or a mixture of 1994L4 to 1994L7, Wagner et al. 1990). Aleurites moluccana (kukui) at ’ohi’a and uluhe, between 460 and 670 The major threats to Cyrtandra elevations from 580 to 720 m (1,900 to m (1,500 and 2,200 ft) elevation. viridiflora are habitat degradation or 2,360 ft) (HHP 1994j2, 1994j6, 1994j7; Associated plant taxa include ’uki, destruction by feral pigs, potential St. John 1966; Wagner et al. 1990). Adiantum raddiantum, Boehmeria impacts from military activities, Competition with the alien plants grandis (’akolea), Broussaisia arguta potential predation by rats, competition Koster’s curse and strawberry guava, (kanawao), and Thelypteris sp. (HHP with the alien plants Koster’s curse and potential predation by rats, potential 1994k2, 1994k5, 1994k6; St. John 1966; strawberry guava, and risk of extinction fire, and a risk of extinction from Wagner et al. 1990). from naturally occurring events and/or naturally occurring events (such as The primary threats to Cyrtandra reduced reproductive vigor due to the landslides/hurricanes/flooding) and/or subumbellata are competition with the small number of remaining populations reduced reproductive vigor, due to the noxious alien plant Koster’s curse, and individuals (HHP 1994L4 to small number of extant populations and potential impacts from military 1994L6; J. Lau, C. Russell, and J. individuals, are the major threats to activities, potential predation by rats, Yoshioka, pers. comms. 1994). Cyrtandra dentata (HHP 1994j6; J. Lau, potential fire, and risk of extinction Delissea subcordata was first C. Russell, and J. Yoshioka, pers. from naturally occurring events and/or collected on Oahu by Gaudichaud- comms. 1994). reduced reproductive vigor due to the Beaupre over 150 years ago. He later Hillebrand (1888) collected a small number of extant populations and described and named it for its heart- specimen on Oahu that he named individuals (HHP 1994k6; J. Lau, C. shaped leaf base (Hillebrand 1888). Cyrtandra gracilis var. subumbellata. St. Russell, and J. Yoshioka, pers. comms. Lammers considers all subsequently John and Storey (1950) elevated the 1994). named varieties to be synonymous with variety to full species status. The In 1950, St. John and Storey first Delissea subcordata, including D. authors of the current treatment of the described Cyrtandra viridiflora based on subcordata var. kauaiensis, D. family concur with this designation a specimen collected by Joseph Rock in subcordata var. obtusifolia, D. 53094 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations subcordata var. waialaeensis, D. and Paquin (2734) 1986; Takeuchi taxa include Christmas berry, koa, subcordata var. waikaneensis, and (2410) 1985). ’ohi’a, Psydrax odoratum (alahe’e), Lobelia subcordata (Lammers 1990, St. Delissea subcordata is threatened by Dodonaea viscosa (’a’ali’I), and John 1977, Wawra 1873). habitat degradation and/or destruction Eragrostis grandis (kawelu) (HHP Delissea subcordata, a member of the by pigs and goats; potential impacts 1994n3 to 1994n6). bellflower family, is a branched or from military activities, including road Major threats to Eragrostis fosbergii unbranched shrub 1 to 3 m (3.5 to 10 construction and housing development; include degradation of habitat by feral ft) tall. The leaves are egg-shaped or potential predation by rats; competition pigs and goats; competition with alien oval lance-shaped, with heart-shaped with the alien plants Christmas berry, plants such as Christmas berry, silk oak, bases and blades 12 to 30 cm (4.7 to 12 Koster’s curse, strawberry guava, and and strawberry guava; and trampling by in.) long and 6 to 17 cm (2.4 to 6.7 in.) Lantana camara (lantana); potential fire; hikers. This species also is threatened wide. The leaf margins have shallow, and a risk of extinction from naturally by the risk of extinction from naturally rounded to sharply pointed teeth. occurring events and/or reduced occurring events and/or reduced Occasionally the leaf margin may be reproductive vigor due to the small reproductive vigor due to the small irregularly cut into narrow and unequal number of remaining individuals (HHP number of remaining populations and segments with one to six triangular 1994m1, 1994m7; Takeuchi & individuals (HHP 1994n3 to 1994n6; C. lobes, 10 to 18 mm (0.4 to 0.7 in.) long, Shimabukuro (s.n.) 1987; Takeuchi Russell, pers. comm. 1994). toward the leaf base. Six to 18 white or (2410) 1985; J. Lau, L. Mehrhoff, and J. Gardenia mannii was first described greenish white flowers are arranged on Yoshioka, pers. comms. 1994). by St. John and J.R. Kuykendall in 1949, a flowering stalk 4 to 10 cm (1.6 to 4 in.) In 1933, F. Raymond Fosberg based on a specimen they had collected long. The calyx lobes are awl-shaped collected a plant in the Waianae a few years earlier in the Koolau and 0.5 to 1 mm (0.02 to 0.04 in.) long. Mountains that Leo D. Whitney (1937) Mountains, Oahu. In the same paper, St. The curved corolla is 45 to 60 mm (1.8 named Eragrostis fosbergii. This species John and Kuykendall also described to 2.4 in.) long and has a knob on the is maintained in the most recent Gardenia mannii var. honoluluensis, back side. The anthers are hairless. The treatment of Hawaiian members of this which is not currently recognized fruit is an egg-shaped berry. This genus (O’Connor 1990). (Wagner et al. 1990). The specific species is distinguished from others in Eragrostis fosbergii is a perennial epithet honors Horace Mann, Jr., an this endemic Hawaiian genus by the grass (family Poaceae), with stout, tufted early collector of Hawaiian plants. shape and size of the leaves, the length culms (stems) 60 to 100 cm (24 to 40 in.) Gardenia mannii, a member of the of the calyx lobes and corolla, and the long, which usually arise from an coffee family (Rubiaceae), is a tree 5 to hairless condition of the anthers abruptly bent woody base. The leathery 15 m (16 to 50 ft) tall. The leaves are (Lammers 1990). leaf blades, 40 to 60 cm (16 to 24 in.) inversely lance-shaped or slightly more Historically, Delissea subcordata was long and 5 to 10 mm (0.2 to 0.4 in.) elliptic, 6 to 27 cm (2.4 to 10.6 in.) long, known from 21 scattered populations in wide, are flat but curl inward towards and 3.5 to 10 cm (1.4 to 4 in.) wide. The the Waianae Mountains and 8 the apex. The small flowers occur in upper leaf surface is sticky. The fragrant populations in the Koolau Mountains of complex clusters that are somewhat flowers bloom in the late afternoon, and Oahu. A specimen collected by Mann open, pyramidal, and 20 to 40 cm (8 to usually last for 2 days. They are solitary and Brigham in the 1860’s and labeled 16 in.) long. The pale to dark green and occur at the branch tips. The cup- as from the island of Kauai is believed spikelets (ultimate flower clusters) shaped calyx, 3 to 5 mm (0.1 to 0.2 in.) to have been mislabeled (HHP 1994m8). generally contain three to five flowers, long, extends into four to six leathery, Delissea subcordata is now known only and are about 5 mm (0.2 in.) long. The long, thin, terminal spurs (hollow from the Waianae Mountains in nine slender glumes (small bracts at the base appendages). These spurs are linear populations distributed from Kawaiu of the spikelet) have margins fringed spatula-shaped, ‘‘S’’ shaped, or, rarely, Gulch in the Kealia land section in the with long hairs. The lemmas (inner sickle-shaped; 23 to 46 mm (0.9 to 1.8 northern Waianae Mountains to the bracts that subtend the flowers) have in.) long; and 5 to 11 mm (0.2 to 0.4 in.) north branch of North Palawai Gulch loosely overlapping margins, which are wide. The corolla is cream colored on about 20 km (12 mi) to the south. This occasionally fringed with hairs. The the outside and white on the inside. The species is found on private land fruit is a grain. This species is tubular portion of the flower is 17 to 27 (TNCH’s Honouliuli Preserve), Federal distinguished from others in the genus mm (0.7 to 1.1 in.) long (when dry), and land (Schofield Barracks Military by its stiffly ascending flowering stalk the seven to nine lobes are 16 to 22 mm Reservation and Lualualei Naval and the long hairs on the margins of the (0.6 to 0.9 in.) long (when dry). The Reservation), and State land (Pahole and glumes and occasionally on the margins yellow to orange fruit is broadly elliptic. Kaala NARs or leased to the Federal of the lemmas (O’Connor 1990). This species is distinguished from government (Makua Military Historically, Eragrostis fosbergii was others in the genus by the shape and Reservation)). The total number of known only from the Waianae number of the calyx spurs (Wagner et al. plants in the 9 remaining populations is Mountains of Oahu, from the slopes of 1990). estimated to be between 70 and 80. Mount Kaala and in Waianae Kai and its Historically Gardenia mannii was Delissea subcordata typically grows on associated ridges (HHP 1994n1 to known from 7 widely scattered moderate to steep gulch slopes in mesic 1994n6). This species was thought to be populations in the Waianae Mountains native or alien-dominated forests from extinct until rediscovered by Joel Lau of and 39 populations distributed along 430 to 760 m (1,400 to 2,500 ft) TNCH in 1991. Only six individuals are almost the entire length of the Koolau elevation. Associated plant taxa include known to remain in Waianae Kai in four Mountains of Oahu (HHP 1994o1 to a variety of native trees such as ’ala’a, populations on land owned by the State 1994o46). Currently 22 populations of hame, kukui, ’ohi’a, papala kepau, and the City and County of Honolulu Gardenia mannii are distributed along a Diospyros hillebrandii (lama), Nestegis (HHP 1994n3 to 1994n6). Eragrostis 42 km (26 mi) length of the Koolau sandwicensis (olopua), and kopiko fosbergii typically grows on ridge crests Mountains, from Kaunala Gulch and (HHP 1994m1 to 1994m26; Takeuchi or moderate slopes in native or alien Kaunala-Waimea Ridge at the and Shimabukuro (s.n.) 1987; Takeuchi, forests between 720 and 830 m (2,360 northernmost extent of its range to Yap, and Paquin (3422) 1987; Takeuchi and 2,720 ft) elevation. Associated plant Palolo at the southernmost extent (HHP Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53095

1994o2, 1994o4, 1994o7, 1994o8, Labordia cyrtandrae, a member of the Over 100 years ago, Hillebrand 1994o13, 1994o17, 1994o18, 1994o25, logania family (Loganiaceae), is a shrub collected a plant in the Waianae 1994o28 to 1994o30, 1994o33, 1994o34, 0.7 to 2 m (2.3 to 6.6 ft) tall. The fleshy, Mountains that he named Lepidium 1994o37, 1994o39 to 1994o46). In the cylindrical to weakly angled stems, arbuscula for its tree-like habit Waianae Mountains, this species is which flatten when dry, are covered (Hillebrand 1888). This species has been found in five extant populations over a with short, coarse, stiff hairs. The thick maintained in the most recent treatment 7 km (4 mi) distance from north leaves, 12 to 30 cm long (4.7 to 12 in.) of Hawaiian members of the genus Haleauau Valley to Kaluaa Gulch (HHP and 4 to 14 cm (1.6 to 5.5 in.) wide, are (Wagner et al. 1990). 1994o1, 1994o14, 1994o21, 1994035, inversely egg-shaped to broadly elliptic Lepidium arbuscula, a member of the 1994o38). The 27 extant populations or rarely inversely lance-shaped. Eight mustard family (Brassicaceae), is a occur on private land, including to 80 or more flowers are arranged on gnarled shrub 0.6 to 1.2 m (2 to 3.9 ft) TNCH’s Honouliuli Preserve and land a densely hairy flowering stalk with an tall. The leathery, hairless leaves, 2.6 to leased by DOD for Kawailoa and erect stalk up to 10 mm (0.4 in.) long. 6 cm (1 to 2.4 in.) long and 0.8 to 1.8 Kahuku Training Areas; City and The pale greenish yellow or pale yellow cm (0.3 to 0.7 in.) wide, are spatula- County of Honolulu land; State land; corolla is 20 to 35 mm (0.8 to 1.4 in.) shaped to oblong-elliptic or elliptic, and and Federal land on Schofield Barracks long. The tubular portion of the flower have toothed margins. The unbranched Military Reservation. The existing is urn-shaped; the flower lobes are flowering stalk contains one to three populations total between 70 and 100 lance-shaped and 8 to 13 mm (0.3 to 0.5 erect flowers. The white, pale yellow, or plants, with 23 of the 27 populations in.) long. The elliptic, lance-shaped greenish petals are 2 to 2.5 mm (0.08 to each containing 5 or fewer plants. This fruits are two-valved capsules 32 to 35 0.1 in.) long. The fruit is a capsule species is usually found on moderate to mm (1.3 to 1.4 in.) long. This species is which is broadly egg-shaped to almost moderately steep gulch slopes between distinguished from others in the genus circular. This species is distinguished 300 and 750 m (980 and 2,460 ft) in by its fleshy, hairy, cylindrical stem from others in the genus by its height elevation. ’Ohi’a co-dominates in mesic which flattens upon drying, the shape (Wagner et al. 1990). or wet forests with a mixture of native and length of the floral bracts, and the Historically, Lepidium arbuscula was plants such as ’ala’a, koa, and uluhe. length of the corolla tube and lobes known from 11 populations in the Other associated plant taxa include (Wagner et al. 1990). Waianae Mountains (HHP 1994q1 to alani, hame, kanawao, pilo, Alyxia Historically, Labordia cyrtandrae was 1994q11). It now remains at all but one oliviformis (maile), and kopiko (HHP known from both the Waianae and of those populations on Federal 1994o1, 1994o3 to 1994o11, 1994o14, Koolau Mountains of Oahu. In the (Lualualei Naval Reservation, Makua 1994o15, 1994o17, 1994o18, 1994o20 to Koolau Mountains, this species ranged Military Reservation, and Schofield Barracks Military Reservation), State, 1994o22, 1994o25, 1994o26, 1994o28 to from Kawailoa Trail to Waialae Iki, and City and County of Honolulu land. 1994o46). extending almost the entire length of the mountain range (HHP 1994p1, 1994p3 Populations range from Kuaokala in the Gardenia mannii is threatened by to 1994p13). This species currently is northern Waianae Mountains to habitat degradation and/or destruction known only from 10 individuals in 3 Lualualei-Nanakuli Ridge in the by feral pigs; potential impacts from populations in Haleauau Gulch and southern Waianae Mountains (HHP military activities; competition with North Mohiakea Gulch, Waianae 1994q2 to 1994q11). Fewer than 900 alien plants such as Koster’s curse, Mountains (HHP 1994p2, 1994p14 to individuals of this species remain. prickly Florida blackberry, and 1994p16). These three populations Lepidium arbuscula generally grows on strawberry guava; potential fire; and risk occur on Federal land in Schofield exposed ridge tops and cliff faces in of extinction from naturally occurring Barracks Military Reservation (HHP mesic vegetation communities between events and/or reduced reproductive 1994p2, 1994p14 to 1994p16). Labordia 230 and 915 m (755 and 3,000 ft) vigor due to the widely dispersed, small cyrtandrae typically grows in shady elevation. This species is typically number of remaining individuals. The gulches in mesic to wet forests associated with native and non-native Kapakahi Gulch population also is dominated by ‘ohi‘a, Diplopterygium plant taxa such as ‘a‘ali‘I, Christmas threatened by the black twig borer pinnatum, and/or koa between the berry, kawelu, Ageratina spp. (Xylosandrus compactus) (HHP 1994o1, elevations of 730 and 780 m (2,400 and (pamakani), ko‘oko‘olau, Carex meyenii, 1994o13, 1994o14, 1994o35, 1994o37 to 2,560 ft) (HHP 1994p2, 1994p14 to and Melinis minutiflora (molasses grass) 1994o44, 1994o46; L. Mehrhoff, pers. 1994p16; T. Motley, pers. comm. (HHP 1994q2 to 1994q8, 1994q10, comm. 1994). [1996?]). Associated plant taxa include 1994q11). Labordia cyrtandrae was first ‘ala‘a, Diplazium sandwichianum, The primary threats to Lepidium collected by French naturalist and Pipturus albidus (mamaki), Perrottetia arbuscula are habitat degradation and/ ethnologist Ezechiel Jules Remy on sp. (olomea), and kopiko (HHP 1994p2, or destruction by feral goats; potential Oahu in 1855. In 1880, H.E. Baillon 1994p14 to 1994p16). impacts from military activities; named Remy’s collection Geniostoma Habitat degradation and/or competition with alien plants including cyrtandrae in reference to the destruction by feral pigs; potential Christmas berry, lantana, Maui resemblance of this plant to the impacts from military activities; pamakani, molasses grass, silk oak, pantropical genus Cyrtandra (St. John competition with the alien plants strawberry guava, Ageratina riparia 1936). St. John (1936) transferred the Christmas berry, Koster’s curse, prickly (Hamakua pamakani), and Myrica faya species to the endemic Hawaiian genus Florida blackberry, and strawberry (firetree); and potential fire. The Labordia. The authors of the current guava; potential fire; and risk of population at the head of Kapuhi Gulch treatment of Hawaiian members of the extinction from naturally occurring also is threatened by its proximity to a family concur with this designation events and/or reduced reproductive road (HHP 1994q4, 1994q5, 1994q7 to (Wagner et al. 1990). In 1932, O. vigor, due to the small number of 1994q11). Degener described Labordia hypoleuca, remaining individuals and populations, In 1937 Fosberg and Hosaka collected which Wagner et al. (1990) consider to are the primary threats to Labordia a specimen of Lobelia gaudichaudii ssp. be synonymous with L. cyrtandrae cyrtandrae (HHP 1994p14 to 1994p16; koolauensis on Oahu, which they (Degener and Degener 1957). 1994p16; C. Russell, pers. comm. 1994). described the following year as a variety 53096 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations of Lobelia gaudichaudii and named it 1800’s. Rock (1919) named this variety 3 to 6 m (10 to 20 ft) tall. The leaves are for the Koolau Mountains (Fosberg and Lobelia hillebrandii var. monostachya. opposite or occasionally occur in threes Hosaka 1938). Lammers (1988, 1990) Degener elevated this variety to the on young lateral branches. The leaves, 6 has elevated the variety to a subspecies. species level and transferred it to a new to 16 cm (2.4 to 6.3 in.) long and 3 to Lobelia gaudichaudii ssp. genus as Neowimmeria monostachya 8.5 cm (1.2 to 3.3 in.) wide, are narrowly koolauensis, a member of the bellflower (Degener 1974). Lammers (1988) to broadly elliptic, sometimes elliptic family, is an unbranched, woody shrub transferred the species back to the egg-shaped or rarely lance-shaped. 0.3 to 1 m (1 to 3.5 ft) tall. The leaves original genus as Lobelia monostachya. Three to 11 flowers are arranged on an are inversely lance-shaped to Lobelia monostachya, a member of flowering stalk 9 to 22 mm (0.4 to 0.9 rectangular, 8 to 19 cm (3 to 7.5 in.) the bellflower family, is a prostrate in.) long. The flowers are usually long, and 1.3 to 2.8 cm (0.5 to 1.1 in.) woody shrub with stems 15 to 25 cm (6 functionally unisexual, with staminate wide. The leaf edges are thickened or to 10 in.) long. The leaves are stalkless, (male) and pistillate (female) flowers. curled under, fringed with hairs toward linear, hairless, 7 to 15 cm (2.8 to 6 in.) The staminate flowers have broadly egg- the base, and sharp-pointed at the tip. long, and 0.4 to 0.7 cm (0.2 to 0.3 in.) shaped sepals which are hairless to The flowering stalk is two to six- wide. The flowering stalk is sparsely covered with hair. The branched and 40 to 70 cm (16 to 28 in.) unbranched. The corolla is pale triangular petals, 6 to 8 mm (0.2 to 0.3 long. The hairless bracts are lance- magenta, 15 to 18 mm (0.6 to 0.7 in.) in.) long, are densely covered with hair shaped to egg-shaped and 18 to 32 mm long, and approximately 5 mm (0.2 in.) on the exterior. The pistillate flowers (0.7 to 1.3 in.) long. The calyx lobes are wide. The lobes of the corolla overlap are similar in hairiness to staminate triangular, lance-shaped or egg-shaped, spirally. The species is distinguished flowers, but are slightly smaller in size. and 10 to 15 mm (0.4 to 0.6 in.) long. from others in the genus by the narrow, The dry fruit, 7 to 12 mm (0.3 to 0.5 in.) The corolla is greenish or yellowish linear leaves without stalks and the long, splits at maturity. The exocarp white and 50 to 75 mm (2 to 3 in.) long. short pink flowers (Lammers 1990). (outermost layer of the fruit wall) is The tubular portion of the flower is Historically, Lobelia monostachya hairless, whereas the endocarp curved, with spreading lobes. The fruit was known only from the Koolau (innermost layer) is hairy. This species is an egg-shaped capsule. The Mountains and had not been seen since is distinguished from others in the subspecies koolauensis is distinguished its original discovery in the 1800’s in genus by the combination of the hairless by the greenish or yellowish white Niu Valley and in the 1920’s in Manoa exocarp, the hairy endocarp, the densely petals and the branched flowering Valley (HHP 1991a1, 1991a2). In 1994 hairy petals, and the sparsely hairy to stalks. The species is distinguished from Joel Lau discovered one individual in a smooth sepals (Stone et al. 1990). others in the genus by the length of the previously unknown location in Historically, Melicope saint-johnii stem, the length and color of the corolla, Wailupe Valley on State-owned land. was known from both the Waianae and the leaf width, the length of the floral Since then a total of eight plants has Koolau Mountains—Makaha to Mauna bracts, and the length of the calyx lobes been found. This species occurs on Kapu in the Waianae Mountains and (Lammers 1990). steep, sparsely vegetated cliffs in mesic Papali Gulch in Hauula, Manoa- Historically, Lobelia gaudichaudii shrubland at an elevation of about 290 Aihualama, Wailupe, and Niu Valley in ssp. koolauensis was known from only m (950 ft). Associated plant taxa include the Koolau Mountains (HHP 1994t1 to two populations in the central Koolau Artemisia sp. (ahinahina), Carex 1994t15, 1994ee; Takeuchi 1992). Today Mountains on Oahu (HHP 1994s1, meyenii, Psilotum nudum (moa), and eight populations of this species are 1994s2). Currently this subspecies is Eragrostis sp. (kawelu) (HHP 1994ff). found on Federal (Lualualei Naval known from a single population on the The major threats to Lobelia Reservation), State, and private land Manana Ridge system in the central monostachya are predation by rats; from the region between Puu Kaua and Koolau Mountains on privately owned competition with the alien plants Puu Kanehoa to Mauna Kapu in the land (HHP 1994s1). The total number of Christmas berry, Hamakua pamakani, southern Waianae Mountains. Fewer plants is estimated to be less than 250. Kalanchoe pinnata (air plant), and than 150 individuals of this species Lobelia gaudichaudii ssp. koolauensis molasses grass; and risk of extinction currently are known (HHP 1994t1 to typically grows on moderate to steep from naturally occurring events and/or 1994t4, 1994t7, 1994t14, 1994t15, slopes in ‘ohi‘a or ‘ohi‘a-uluhe lowland reduced reproductive vigor due to the 1994ee; Takeuchi 1992; Takeuchi and wet shrublands at elevations between low number of individuals in the only Paquin (s.n.) 1985; J. Lau, pers. comm. 640 and 730 m (2,100 and 2,400 ft). known population (HHP 1994ff). 1994). This species typically grows on Associated plant taxa include alani, E.P. Hume first described Melicope mesic forested ridges from 500 to 853 m ko‘oko‘lau, naupaka, ‘uki, and kanawao saint-johnii as Pelea saint-johnii based (1,640 to 2,800 ft) elevation. Associated (HHP 1994s1, 1994s2). on a specimen he collected with E. native plant taxa include mamaki, The primary threats to the single Christophersen and G. Wilder at Mauna ’ohi’a, Coprosma longifolia (pilo), remaining population of Lobelia Kapu on Oahu (St. John 1944). Thomas Hedyotis schlechtendahliana (kopa), gaudichaudii ssp. koolauensis are Hartley and the late Benjamin Stone Labordia kaalae (kamakahala), and habitat degradation and/or destruction (1989) transferred Hawaiian Pelea Psychotria hathewayi (kopiko) (HHP by feral pigs, competition with the species to the Pacific genus Melicope. 1994t1 to 1994t4, 1994t7, 1994t14, noxious alien plant Koster’s curse, The new combination, Melicope saint- 1994t15, 1994ee; Takeuchi 1992; trampling by hikers, potential johnii, was published in the same paper Takeuchi and Paquin (s.n.) 1985). overcollection, landslides, and risk of (Hartley and Stone 1989). Other The primary threats to Melicope saint- extinction from naturally occurring published names that refer to this taxon johnii are habitat degradation and/or events and/or reduced reproductive are Evodia elliptica var. elongata, Pelea destruction by feral goats and pigs; vigor of the one remaining population elliptica var. elongata, P. elongata, and potential predation by the black twig (HHP 1994s1; L. Mehrhoff and C. P. saint-johnii var. elongata (Hillebrand borer; potential fire; and competition Russell, pers. comms. 1994). 1888, St. John 1944, Stone 1966, Stone with alien plants such as Christmas In 1919 Rock described a new variety et al. 1990). berry, firetree, Hamakua pamakani, of Lobelia hillebrandii based on a Melicope saint-johnii, a member of the huehue haole, lantana, Maui pamakani, specimen collected by Hillebrand in the rue family (Rutaceae), is a slender tree and silk oak (HHP 1994t3, 1994t4, Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53097

1994t13, 1994t14, 1994ee; J. Lau, pers. ha), and Chamaesyce rockii (HHP 1994v6, 1994v19, 1994v20, 1994v31, comm. 1994). 1994u2). 1994v33 to 1994v36). The current Myrsine juddii was first described by The primary threats to Myrsine juddii distribution in the Koolau Mountains is Hosaka in 1940, based on a specimen he are habitat degradation and/or six populations scattered over a 10 km collected with Fosberg in the Koolau destruction by feral pigs, potential (6 mi) length of the summit—from Mountains. In an action not supported impacts from military activities, Kawainui Gulch in Kawailoa Training by other taxonomists, Otto and Isa competition with alien plants such as Area to South Kaukonahua drainage Degener (1971, 1975) transferred this Koster’s curse and strawberry guava, (HHP 1994v26 to 1994v30, 1994v32). species from Myrsine to the genus and risk of extinction from naturally About 150 to 200 individuals remain in Rapanea. Hosaka’s concept of Myrsine occurring events and/or reduced the 16 populations. These populations is currently followed (Wagner et al. reproductive vigor due to the small occur on Federal land in Lualualei 1990). The specific epithet honors number of extant populations (HHP Naval Reservation and Schofield Albert Judd, who had a keen interest in 1994u2, 1994u3; C. Russell, pers. comm. Barracks Military Reservation; State conservation of the native Hawaiian 1994). land, including Mount Kaala NAR; and flora. In 1825, James Macrae, botanist on private lands, including TNCH’s Myrsine juddii, a member of the H.M.S. Blonde, collected a plant on Honouliuli Preserve and land leased by myrsine family (Myrsinaceae), is a many Oahu that George Bentham described DOD for Kawailoa Training Area. branched shrub ranging from 1 to 2 m and named Phyllostegia hirsuta (Wagner Phyllostegia hirsuta is usually found on (3.5 to 6.6 ft) tall. The leathery leaves, et al. 1990). This species has been steep, shaded slopes in mesic to wet 4 to 12 cm (1.6 to 4.7 in.) long and 1.5 maintained in the current treatment of forests dominated by ‘ohi‘a or a mixture to 3.2 cm (0.6 to 1.3 in.) wide, are the Hawaiian members of the genus of ’ohi’a and uluhe between 600 and narrowly inverse lance-shaped or more (Wagner et al. 1990). 1,100 m (1,970 and 3,610 ft) elevation. elliptic. The upper leaf surface is Phyllostegia hirsuta, a member of the Associated plant taxa include ’ala’a, hairless, whereas the lower surface is mint family (Lamiaceae), is an erect kanawao, mamaki, pilo, Hedyotis sparsely to moderately covered with subshrub or vine with stems densely terminalis (manono), Myrsine short, coarse, stiff, whitish or brownish covered with coarse or stiff hairs. The lessertiana (kolea lau nui), and native hairs toward the base and along the wrinkled leaves are egg-shaped, and alien ferns (HHP 1994v2, 1994v3, midrib. The leaf base is broadly wedge- generally 17 to 30 cm (6.7 to 12 in.) 1994v6, 1994v19, 1994v20, 1994v26 to shaped to heart-shaped, and the margins long, and 7.3 to 18 cm (2.9 to 7 in.) 1994v36). are smooth and curl under. The flowers wide. Both leaf surfaces are moderately The primary threats to Phyllostegia are unisexual and the plants are covered with long, flat hairs. The upper hirsuta are habitat degradation and/or dioecious (male and female flowers are surface is inconspicuously dotted with destruction by feral pigs; potential on separate plants). Flowers occur in glands, while the lower surface is more impacts from military activities; and groups of four to eight in tight clusters densely glandulose. The egg-shaped competition with Christmas berry, surrounded by small bracts. The floral bracts are 3 to 6 mm (0.1 to 0.2 huehue haole, Koster’s curse, lantana, yellowish green petals are narrowly in.) long. The flowers have two lips— prickly Florida blackberry, and inverse lance-shaped, 2.8 to 3.2 mm (0.1 the upper one is approximately 3 mm strawberry guava (HHP 1994v2, 1994v3, in.) long. The fleshy, round fruit (0.1 in.) long and the lower one is 5 to 1994v19, 1994v27, 1994v29 to 1994v31, contains a single seed. This species is 7 mm (0.2 to 0.3 in.) long. The tubular 1994v34 to 1994v36). distinguished from others in the genus portion of the flower is slightly curved. Based upon a specimen collected in by the hairiness of the lower leaf surface The corolla is white and usually purple- 1977 by John Obata, Gerald Carr, and and the shape of the leaf base (Wagner tinged on the upper lip. The fruit is a Daniel Palmer on Oahu, St. John (1987a) et al. 1990). In addition, the hairy leaves nutlet about 3 mm (0.1 in.) long. This described Phyllostegia kaalaensis, distinguish this species from all other species is distinguished from others in naming it for Mt. Kaala where it was species of Myrsine on Oahu the genus by the texture, hairiness, and first collected. Publishing deadlines did (Environmental Impact Study size of the leaves and the length of the not allow the authors of the current Corporation 1977). upper bracts (Wagner et al. 1990). treatment of the family to review the Myrsine juddii has been reported from Historically, Phyllostegia hirsuta was more than 70 new species of only three populations in the central known from widespread populations in Phyllostegia published by St. John in Koolau Mountains—the North the Waianae and Koolau Mountains on 1987 (Wagner et al. 1990). Warren Kaukonahua-Kahana Summit divide; Oahu. In the Waianae Mountains, this Wagner, however, concurs that Peahinaia Trail; and Puu Kainapuaa to species ranged from the head of Phyllostegia kaalaensis is a valid, Poamoho Trail. These populations are Kukuiula (Pahole) Gulch to North taxonomically distinct species (Warren found on private and State land leased Palawai Gulch (HHP 1994v1 to 1994v3, Wagner, Smithsonian Institution, pers. by DOD for Kawailoa Training Area 1994v6, 1994v16, 1994v18 to 1994v20, comm. 1994). (HHP 1994u1 to 1994u3). The total 1994v22, 1994v31, 1994v33 to Phyllostegia kaalaensis, a member of number is between 500 and 3,000 1994v36). In the Koolau Mountains, this the mint family (Lamiaceae), is an herb. individuals, with all but 5 to 10 of these species ranged from Pupukea-Kahuku The egg-shaped leaves are 5 to 13 cm (2 in a single, poorly defined population Trail to Palolo, almost the entire length to 5 in.) long. Usually six flowers are (HHP 1994u2). Myrsine juddii typically of the Koolau Mountains (HHP 1994v4, arranged along a flowering stalk. The grows in wet forests dominated by ’ohi’a 1994v5, 1994v7 to 1994v15, 1994v17, calyx is glabrous and 5 mm (0.2 in.) or a mixture of ’ohi’a and uluhe at 1994v21, 1994v23 to 1994v30, long. The hairless corolla tube is 11 mm elevations between 580 and 860 m 1994v32). The distribution of this (0.4 in.) long and the lower lip is 7 mm (1,900 and 2,820 ft) (HHP 1994u1 to species in the Waianae Mountains is (0.3 in.) long (St. John 1987a). The 1994u3). Associated plant taxa include now restricted to ten populations in the species is distinguished from others of ’uki, Cheirodendron trigynum (’olapa), southern part of the historical range— the genus by the spreading, pointed Melicope clusiifolia (kolokolo from the ridge between Makaha and teeth on the leaf edges and by the hairs mokihana), Psychotria mariniana Waianae Kai to the south fork of North along the margins of the calyx and (kopiko), Syzygium sandwicensis (’ohi’a Palawai Gulch (HHP 1994v2, 1994v3, bracts (Wagner et al. 1990). 53098 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Phyllostegia kaalaensis has been Schofield Barracks Military Reservation Point at the northern end of the Waianae known from only five scattered (HHP 1994aa1 to 1994aa5). Pritchardia Mountains. These populations occur on populations in the Waianae Mountains kaalae is typically found on steep slopes private land; State land, including land of Oahu (HHP 1994w1 to 1994w6). and gulches in mesic forest or shrubland leased by DOD (Kaena Military Fewer than 50 plants are known from 5 between elevations of 460 and 945 m Reservation); and Federal land on populations in Waianae Kai, Pahole (1,500 and 3,100 ft). Associated plant Dillingham Military Reservation (HHP Gulch, Ekahanui Gulch, and Palikea taxa include ’a’ali’i, kolea, ko’oko’olau, 1994bb1, 1994bb2, 1994bb4, 1994bb6; J. Gulch. These populations occur on State mamaki, na’ena’e, ’ohi’a, Eragrostis sp. Lau, pers. comm. 1994). Schiedea land, including Pahole and Mt. Kaala (kawelu), and Tetraplasandra sp. (‘ohe) kealiae is usually found on steep slopes NARs and private land, including (HHP 1994aa1, 1994aa2, 1994aa4, and cliff faces at elevations from 60 to TNCH’s Honouliuli Preserve (HHP 1994aa5; Read and Hodel 1990). 305 m (200 to 1,000 ft), in dry remnant 1994w1 to 1994w6). This species is Habitat degradation by feral pigs and Erythrina sandwicensis (wiliwili) or found in mesic mixed (native/alien) goats; fruit predation by rats; potential aulu forest. Associated plant taxa forest or papala kepau-Sapindus impacts from military activities; the include alahe’e, ko’oko’olau, Leucaena oahuensis (aulu) forest from 490 to 760 alien plants Christmas berry, Maui leucocephala (koa haole), Myoporum m (1,610 to 2,500 ft) in elevation. pamakani, and prickly Florida sandwicense (naio), and Sida fallax Associated plant taxa include huehue blackberry; potential fire; and risk of (‘ilima) (HHP 1994bb1, 1994bb2, haole, ’ie’ie, opuhe, Claoxylon extinction from naturally occurring 1994bb4, 1994bb6; Wagner et al. 1990). sandwicense (po’ola), and Hibiscus sp. events and/or reduced reproductive The major threats to Schiedea kealiae (koki’o) (HHP 1994w2 to 1994w4, vigor due to the small number of are competition with alien plants 1994w6). populations are major threats to (Christmas berry and koa haole) and risk Habitat degradation and/or Pritchardia kaalae (HHP 1994aa1, of extinction from naturally occurring destruction by feral pigs; potential fire; 1994aa4, 1994aa5; C. Russell, pers. events and/or reduced reproductive competition with the alien plants comm. 1994). vigor due to the small number of Christmas berry, huehue haole, Koster’s In 1936, Hosaka collected a specimen existing populations. The Kaena Point curse, and strawberry guava; and risk of of Schiedea kealiae on Oahu that he population is additionally threatened by extinction from naturally occurring named for Kealia where it was collected naturally occurring rock slides and fire events and/or reduced reproductive (Caum and Hosaka 1936). Schiedea (HHP 1994bb1, 1994bb2, 1994bb4, vigor, due to the small number of gregoriana is considered synonymous 1994bb6; C. Russell, pers. comm. 1994). populations and individuals, are the with S. kealiae by the authors of the St. John (1982) described major threats to Phyllostegia kaalaensis current treatment of the family (Degener Trematolobelia singularis based on a (HHP 1994w3 to 1994w5; C. Russell, 1936, Sherff 1945, Wagner et al. 1990). specimen collected by John Obata in pers. comm. 1994). Schiedea kealiae, a member of the 1974. This species has been maintained More than 75 years ago, Rock pink family (Caryophyllaceae), is a in the most recent treatment of this collected a specimen from a palm on subshrub with weakly ascending to endemic Hawaiian genus (Lammers Mt. Kaala that he later named sprawling stems 0.2 to 0.5 m (0.7 to 1.6 1990). The specific epithet refers to the Pritchardia kaalae (Beccari and Rock ft) long that form loose clumps. The solitary flowering stalk. 1921). Edward Caum (1930) later lower stems are smooth while the upper Trematolobelia singularis, a member described Pritchardia kaalae var. stems and flowering stalk bear glands. of the bellflower family, is an minima, which is not recognized in the The opposite leaves, 3 to 10 cm (1.2 to unbranched shrub with stems 0.6 to 1.5 current treatment of Hawaiian members 4 in.) long and 0.3 to 1.5 cm (0.1 to 0.6 m (2 to 5 ft) long. The long and narrow of the family (Read and Hodel 1990). in.) wide, are lance-shaped to elliptic leaves are 10 to 18 cm (4 to 7 in.) long Pritchardia kaalae, a member of the lance-shaped and conspicuously three- and 1 to 1.8 cm (0.4 to 0.7 in.) wide. The palm family (Arecaceae), is a single- veined with a prominent midrib. The unbranched, erect flowering stalk is 20 stemmed palm up to 5 m (16 ft) tall. The flowering stalk is 3 to 11 cm (1.2 to 4.3 to 42 cm (8 to 16.5 in.) long. The violet waxy, hairless leaves are thin and in.) long, with numerous unisexual petals are about 5 cm (0.2 in.) long and papery or thick and leathery. Sometimes flowers in crowded clusters. The green collectively form a three-lobed tube. The small points, dots, or linear, rusty scales sepals of the male flowers are largest lobe is curved downward and the are scattered on the lower leaf surface. approximately 2.5 mm (0.1 in.) long. other two are bent backward, giving the The flowering stalks are composed of The sepals of the female flowers, 1.5 to appearance of two lips. The capsules are one or more branches. The round fruits 2.2 mm (0.06 to 0.09 in.) are slightly almost round and contain numerous are approximately 2 cm (0.8 in.) in shorter. The nectaries, about 0.5 to 1 small, wind-dispersed seeds. This diameter. Pritchardia kaalae is mm (0.02 to 0.04 in.) long, are species differs from others of this distinguished from other members of inconspicuous. The capsular fruit is 2 to endemic Hawaiian genus by the the genus by the hairless or scaly leaves 2.5 mm (0.08 to 0.1 in.) long. The unbranched, erect flowering stalk (Read and Hodel 1990). species is distinguished from others of (Lammers 1990). Historically, Pritchardia kaalae was this endemic Hawaiian genus by the Trematolobelia singularis has been known from scattered populations in length of the sepals and nectaries and reported only from the southern Koolau the central and north-central Waianae the flowering stalk exclusively with Mountains (HHP 1994cc1 to 1994cc4). Mountains of Oahu (Beccari and Rock stalkless glands (Wagner et al. 1990). Approximately 165 plants are known 1921, HHP 1994aa1 to 1994aa5). Historically, Schiedea kealiae was from three populations—Moanalua- Currently 5 populations are known known from the northern Waianae Tripler Ridge summit to Puu between the Waianae Kai-Haleauau Mountains and one collection from the Keahiakahoe, Konahuanui, and Puu summit divide and the Makua-Keaau Palikea area, near the southern end of Lanipo. These populations are found on Ridge, totalling about 130 individuals. the same mountain range (HHP 1994bb1 private, City and County of Honolulu, These populations are located on State to 1994bb6). Currently 3 populations State, and Federal land (Omega Coast land, including Mt. Kaala NAR and land totalling between 300 and 500 plants are Guard Station) (HHP 1994cc1 to leased to DOD for Makua Military located on the cliffs above Dillingham 1994cc4, Lammers 1990). This species Reservation, and on Federal land on Airfield and Camp Erdman and at Kaena usually grows on steep, windswept cliff Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53099 faces or slopes in ’ohi’a-uluhe lowland 1994dd9 to 1994dd13, 1994dd15, of the plant taxa named therein. As a wet shrubland from 700 to 960 m (2,300 1994dd16). Farther to the south, at the result of that review, on June 16, 1976, to 3,150 ft) elevation. Associated plant summit of Moanalua, a single plant, last the Service published a proposed rule in taxa include ’akia, hapu’u, kanawao, seen alive in 1991, has since died (L. the Federal Register (41 FR 24523) to and na’ena’e pua melemele (HHP Mehrhoff, pers. comm. 1994). Viola determine endangered status pursuant 1994cc1 to 1994cc3, Lammers 1990, oahuensis is generally found on to section 4 of the Act for approximately Obata 1988, St. John 1982). exposed, windswept ridges of moderate 1,700 vascular plant species. The list of Habitat degradation by feral pigs, to steep slope in wet ’ohi’a-uluhe 1,700 plant taxa was assembled on the potential predation by rats, competition shrublands from 700 to 850 m (2,300 to basis of comments and data received by with the aggressive alien plant Koster’s 2,800 ft) elevation. This species the Smithsonian Institution and the curse, and risk of extinction from typically grows among wind-stunted Service in response to House Document naturally occurring events and/or na’ena’e pua melemele, ’uki, Sadleria No. 94–51 and the July 1, 1975, Federal reduced reproductive vigor due to the sp. (’ama’u), ’ohi’a ha, and Vaccinium Register publication. All 12 taxa cited small number of extant populations are sp. (’ohelo) (HHP 1994dd5, 1994dd9 to above as considered to be endangered in serious threats to Trematolobelia 1994dd16). House Document No. 94–51 were singularis (HHP 1994cc1, 1994cc2, The primary threats to Viola included in the June 16, 1976 proposed 1994cc4; J. Lau, C. Russell, and J. oahuensis are habitat degradation and/ rule. Yoshioka, pers. comms. 1994). or destruction by feral pigs; potential General comments received in Forbes described Viola oahuensis in impacts from military activities; response to the 1976 proposal are 1909, based on a specimen he collected competition with Koster’s curse, summarized in an April 26, 1978, with Rock in the Koolau Mountains. strawberry guava, Paspalum Federal Register publication (43 FR This species has been maintained in the conjugatum (Hilo grass), and 17909). In 1978, amendments to the Act most recent treatment of Hawaiian Sacciolepis indica (Glenwood grass); required that all existing proposals over members of this genus (Wagner et al. and risk of extinction from naturally two years old be withdrawn. A one-year 1990). occurring events and/or reduced grace period was given to proposals Viola oahuensis, a member of the reproductive vigor due to the small already over two years old. On violet family (Violaceae), is usually an number of populations (HHP 1994dd5, December 10, 1979, the Service erect, unbranched subshrub 6 to 40 cm 1994dd9, 1994dd12, 1994dd13). published a notice in the Federal (2.4 to 16 in.) tall. The papery-textured Register (44 FR 70796) withdrawing the Previous Federal Action leaves are usually 3 to 12 cm (1.2 to 4.7 portion of the June 16, 1976, proposal in.) long, 2.5 to 5.8 cm (1 to 2.3 in.) Federal action on these plants began that had not been made final, along with wide, and elliptic-egg-shaped to elliptic. as a result of section 12 of the Act (16 four other proposals that had expired. The leaf stalks are typically 0.5 to 1 cm U.S.C. 1533), which directed the All 12 of the taxa cited previously as (0.2 to 0.4 in.) long. The narrowly Secretary of the Smithsonian Institution included in the June 16, 1976, proposal triangular stipules are usually 10 to 15 to prepare a report on plants considered were also included in the 1979 mm (0.4 to 0.6 in.) long, 3.5 to 6 mm to be endangered or threatened in the withdrawal. The Service published an (0.1 to 0.2 in.) wide, and have fringed United States. This report, designated as updated notice of review for plants on edges. One to two flowers are borne on House Document No. 94–51, was December 15, 1980 (45 FR 82479), stalks typically 25 to 60 mm (1 to 2.4 presented to Congress on January 9, September 27, 1985 (50 FR 39525), in.) long. The petals are pale yellow, the 1975. Twelve of the 25 taxa in this rule February 21, 1990 (55 FR 6183), and upper ones 8 to 13 mm (0.3 to 0.5 in.) were considered to be endangered in September 30, 1993 (58 FR 51144). long, the lateral ones 10 to 13.5 mm (0.4 that document—Cyanea humboldtiana Sixteen of the taxa in this final rule to 0.5 in.) long, and the lower one 12 to (as Rollandia humboldtiana), Cyanea (including synonymous taxa) have at 16 mm (0.5 to 0.6 in.) long. The capsules longiflora (as Rollandia sessilifolia), one time or another been considered are 9 to 16 mm (0.4 to 0.6 in.) long. This Cyanea st.-johnii (as Rollandia st.- Category 1 or Category 2 candidates for species is distinguished from other johnii), Cyrtandra dentata (also as C. Federal listing. Category 1 species were Hawaiian members of the genus by the frederickii), Cyrtandra subumbellata (as those species for which the Service has stipule characters, the length of the leaf C. subumbellata var. intonsa), Delissea on file substantial information on stalks, and the length and papery subcordata (as D. subcordata var. biological vulnerability and threats to texture of the leaves (Wagner et al. subcordata and var. obtusifolia), support preparation of listing proposals 1990). Eragrostis fosbergii, Lobelia but for which listing proposals have not Historically, Viola oahuensis was gaudichaudii ssp. koolauensis (as L. yet been published because they are known from 17 populations in the gaudichaudii var. koolauensis), precluded by other listing activities. Koolau Mountains of Oahu scattered Melicope saint-johnii (as Pelea saint- Category 2 species were those species over about a 37 km (23 mi) distance johnii var. elongata), Pritchardia kaalae for which listing as endangered or from Puu Kainapuaa to Palolo (HHP (as P. kaalae var. kaalae and var. threatened was considered to be 1994dd1 to 1994dd16; L. Mehrhoff, minima), Schiedea kealiae, and Viola possibly appropriate, but for which pers. comm. 1994). The 8 extant oahuensis. Two of the 25 taxa in this sufficient data on biological populations, which total fewer than 180 rule were considered to be threatened— vulnerability and threats were not individuals, are now found from the Lobelia monostachya (as L. hillebrandii available to support proposed rules. On Kawainui-Koloa summit divide to the var. monostachya) and Phyllostegia February 28, 1996, the Service Waimalu-Koolaupoko divide over a 20 hirsuta (as P. hirsuta var. hirsuta and published a Notice of Review in the km (12 mi) distance. These populations var. laxior). On July 1, 1975, the Service Federal Register (61 FR 7596) that are found on DOD land; State land, published a notice in the Federal discontinued the designation of including land leased by DOD for Register (40 FR 27823) accepting the Category 2 species. Kawailoa Training Area; City and Smithsonian report as a petition within Cyanea humboldtiana (as Rollandia County of Honolulu land; and private the context of section 4(c)(2) (now humboldtiana), Cyanea longifolia (as land, including land leased by DOD for section 4(b)(3)) of the Act, and giving Rollandia sessilifolia), Cyanea st.-johnii Kawailoa Training Area (HHP 1994dd5, notice of its intent to review the status (as Rollandia st.-johnii), Cyrtandra 53100 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations dentata (also as C. frederickii), 3C species, as well as eight additional published in the Honolulu Advertiser on Cyrtandra subumbellata (as C. taxa (Chamaesyce herbstii, Chamaesyce October 20, 1995, which invited general subumbellata var. intonsa), Eragrostis rockii, Cyanea acuminata, Cyanea public comment. Four letters of fosbergii, Lobelia gaudichaudii ssp. koolauensis, Cyanea longiflora, comment were received. Two letters koolauensis (as L. gaudichaudii var. Gardenia mannii, Lobelia gaudichaudii acknowledged receipt of the proposed koolauensis), Melicope saint-johnii (as ssp. koolauensis, and Phyllostegia ruling and two letters supported the Pelea saint-johnii), and Viola oahuensis kaalaensis), are sufficiently restricted in listing of these taxa from the island of were considered Category 1 species in numbers and distribution and Oahu but raised no specific issues. No the 1980 and 1985 notices of review. imminently threatened and therefore requests for public hearings were One taxon, Phyllostegia hirsuta, was warrant listing. received. considered a Category 1 species in the Section 4(b)(3)(B) of the Act requires The Service also solicited the expert 1980 notice and a Category 2 species in the Secretary to make findings on all opinions of three appropriate and the 1985 notice. Three taxa, Delissea petitions that present substantial independent specialists regarding subcordata (as D. subcordata ssp. information indicating the petitioned pertinent scientific or commercial data subcordata and ssp. obtusifolia), action may be warranted within 12 and assumptions relating to the Pritchardia kaalae (as P. kaalae var. months of their receipt. Section 2(b)(1) taxonomy, population models, and kaalae and var. minima), and Schiedea of the 1982 amendments further biological and ecological information for kealiae, were considered Category 3C requires all petitions pending on these 25 species. No responses were taxa in the 1980 and 1985 notices. October 13, 1982, be treated as having received. Category 3C species were those that been newly submitted on that date. On have proven to be more abundant or October 13, 1983, the Service found that Summary of Factors Affecting the widespread than previously believed the petitioned listing of these taxa was Species warranted, but precluded by other and/or are not subject to any identifiable After a thorough review and pending listing actions, in accordance threat. Lobelia monostachya (as Lobelia consideration of all information with section 4(b)(3)(B)(iii) of the Act. hillebrandii var. monostachya) was available, the Service has determined Notification of this finding was considered a Category 1 species and that Chamaesyce herbstii W.L. Wagner published on January 20, 1984 (49 FR Lepidium arbuscula (misspelled as (‘akoko), Chamaesyce rockii (C. Forbes) 2485). Such a finding requires the Lepidium arbusculum) was considered a Croizat & Degener (‘akoko), Cyanea Category 1* species in the 1985 notice. Service to consider the petition as having been resubmitted, pursuant to acuminata (Gaud.) Hillebr. (haha), Category 1* species are those species Cyanea humboldtiana (Gaud.) Lammers, that are possibly extinct. section 4(b)(3)(C)(I) of the Act. The finding was reviewed in October of 1984 Givnish & Sytsma (haha), Cyanea In the 1990 and 1993 notices, through 1993. Publication of the koolauensis Lammers, Givnish & Sytsma Cyrtandra subumbellata, Labordia proposed rule constituted the final one- (haha), Cyanea longiflora (Wawra) cyrtandrae, Lepidium arbuscula, year finding for these taxa. Lammers, Givnish & Sytsma (haha), Trematolobelia singularis, and Viola On October 2, 1995, the Service Cyanea st.-johnii (Hosaka) Lammers, oahuensis were considered Category 2 published in the Federal Register (60 Givnish & Sytsma (haha), Cyrtandra species. Eragrostis fosbergii was FR 51398) a proposal to list 25 plant dentata St. John & Storey (ha‘iwale), considered a Category 1* species in the taxa from the island of Oahu as Cyrtandra subumbellata (Hillebr.) St. 1990 notice, a category which was endangered. This proposal was based John & Storey (ha‘iwale), Cyrtandra redefined as 2* in the 1993 notice. primarily on information supplied by viridiflora St. John & Storey (ha‘iwale), Lobelia monostachya was considered a the Hawaii Natural Heritage Program, Delissea subcordata Gaud. (‘oha), Category 3A species in 1990. Category National Tropical Botanical Garden, and Eragrostis fosbergii Whitney (No 3A species were those for which the observations of botanists and common name (NCN)), Gardenia mannii Service has persuasive evidence of naturalists. Based on comments St. John & Kuykendall (nanu), Labordia extinction. Five species, Cyanea received in response to the proposal (see cyrtandrae (Baill.) St. John humboldtiana (as Rollandia Comments and Recommendations, (kamakahala), Lepidium arbuscula humboldtiana), Cyanea st.-johnii (as below), the Service now determines 25 Hillebr. (‘anaunau), Lobelia Rollandia st.-johnii), Cyrtandra dentata, taxa from the island of Oahu to be gaudichaudii ssp. koolauensis (Hosaka Melicope saint-johnii, and Phyllostegia endangered. Chamaesyce rockii and & Fosb.) Lammers (NCN), Lobelia hirsuta, were considered more abundant Myrsine juddii have a Listing Priority of monostachya (Rock) Lammers (NCN), than previously thought and moved to 5 under the current guidance; the other Melicope saint-johnii (E. Hume) T. Category 3C in the 1990 notice. In the 23 taxa have a Listing Priority of 2. Hartley & B. Stone (alani), Myrsine 1990 notice, Rollandia sessilifolia was juddii Hosaka (kolea), Phyllostegia considered a Category 3B species Summary of Comments and hirsuta Benth. (NCN), Phyllostegia because it was merged with Cyanea Recommendations kaalaensis St. John (NCN), Pritchardia longiflora (as Rollandia longiflora), a In the October 2, 1995 proposed rule kaalae Rock (loulu), Schiedea kealiae taxon not considered to warrant listing. and associated notifications, all Caum & Hosaka (NCN), Trematolobelia Category 3B species were those that do interested parties were requested to singularis St. John (NCN), and Viola not represent distinct taxa. Lobelia submit factual reports or information oahuensis C. Forbes (NCN) should be gaudichaudii var. koolauensis was that might contribute to the classified as endangered species. elevated to Lobelia gaudichaudii ssp. development of a final rule. The public Procedures found at section 4(a)(1) of koolauensis and considered a Category comment period ended on December 1, the Act and regulations implementing 3B species in the 1990 notice. Cyrtandra 1995. Appropriate State agencies, the listing provisions of the Act (50 CFR viridiflora and Myrsine juddii were county governments, Federal agencies, part 424) were followed. A species may considered Category 2 species in the scientific organizations, and other be determined to be an endangered or 1993 notice. Since the 1993 notice, new interested parties were contacted and threatened species due to one or more information suggests that the above requested to comment. A newspaper of the five factors described in section Category 2, Category 3A, and Category notice inviting public comment was 4(a)(1). These factors and their Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53101 application to the 25 plant taxa in this primary threats facing the 25 plant taxa 200 years following their introduction, rule are as summarized in Table 1. in this final rule are ongoing and their numbers increased and the adverse A. The present or threatened threatened destruction and adverse impacts of feral ungulates on native destruction, modification, or modification of habitat by feral animals vegetation have become increasingly curtailment of its habitat or range. and competition with alien plants (see apparent. Beyond the direct effect of Native vegetation on Oahu has Factor E). trampling and grazing native plants, undergone extreme alteration because of Twenty-one of the 25 taxa are feral ungulates have contributed past and present land management variously threatened by feral animals significantly to the heavy erosion still practices including ranching, deliberate (Table 1). Animals such as pigs and taking place on most of the main alien animal and plant introductions, goats were introduced by the early Hawaiian Islands (Cuddihy and Stone agricultural development, military use, Hawaiians (pigs) or more recently by 1990). and recreational use (Cuddihy and European settlers (goats) for food and/or Stone 1990, Wagner et al. 1985). The commercial ranching activities. Over the

TABLE 1.ÐSUMMARY OF THREATS TO TWENTY-FIVE PLANTS FROM THE ISLAND OF OAHU, HAWAII

Alien mammals Species Alien Substrate Fire Human Insects Limited Goats Pigs Rats plants loss impacts numbers

Chamaesyce herbstii ...... X ...... X ...... P ...... X1 Chamaesyce rockii ...... X P X ...... P ...... Cyanea acuminata ...... X P X ...... P ...... X3 Cyanea humboldtiana ...... X P X ...... X ...... X1 Cyanea koolauensis ...... X P X ...... X ...... X3 Cyanea longiflora ...... X P X ...... P P ...... X1 Cyanea st.-johnii ...... X P X ...... X ...... X1,3 Cyrtandra dentata ...... P X ...... P ...... X1,3 Cyrtandra subumbellata ...... P X ...... P P ...... X1,3 Cyrtandra viridiflora ...... X P X ...... P ...... X1,2 Delissea subcordata ...... X X P X ...... P X ...... X3 Eragrostis fosbergii ...... X X ...... X ...... X ...... X1,2 Gardenia mannii ...... X ...... X ...... P P X X3 Labordia cyrtrandrae ...... X ...... X ...... P P ...... X1,2 Lepidium arbuscula ...... X ...... X ...... P X ...... Lobelia gaudichaudii ssp. koolauensis ...... X P X X ...... X ...... X1 Lobelia monostachya ...... X X ...... X1,2 Melicope saint-johnii ...... X X ...... X ...... P ...... P Myrsine juddii ...... X ...... X ...... P ...... X1 Phyllostegia hirsuta ...... X ...... X ...... P P ...... Phyllostegia kaalaensis ...... X ...... X ...... P ...... X1,3 Pritchardia kaalae ...... X X X X ...... P P ...... X1 Schiedea kealiae ...... X X P ...... X1 Trematolobelia singularis ...... X P X ...... X1 Viola oahuensis ...... X ...... X ...... P ...... KEY: X = Immediate and significant threat. P = Potential threat. * = No more than 100 individuals and/or no more than 5 populations. 1 = No more than 5 populations. 2 = No more than 10 individuals. 3 = No more than 100 individuals.

Pigs, which were originally native to encouraging the establishment of alien pigs pose an immediate threat to one or Europe, northern Africa, Asia Minor, plants in the newly disturbed soil. Pigs more populations of 20 of the taxa in and Asia, were introduced into Hawaii also disseminate alien plant seeds this final rule, including the only by the Polynesians. European pigs, through their feces and on their bodies, known population of Lobelia introduced to Hawaii by Captain James accelerating the spread of alien plants gaudichaudii ssp. koolauensis (see Cook in 1778, escaped domestication through native forest (Cuddihy and Table 1) (HHP 1994c2, 1994c3, 1994d1 and invaded primarily wet and mesic Stone 1990, Stone 1985). Pigs are a to 1994d5, 1994d7, 1994d8, 1994d11, forests and grasslands of the islands of major vector in the spread of Psidium 1994e1 to 1994e4, 1994e7, 1994e10 to Kauai, Oahu, Molokai, Maui, and cattleianum (strawberry guava) and 1994e12, 1994f1, 1994f2, 1994g1 to Hawaii. The pigs introduced by the Schinus terebinthifolius (Christmas 1994g4, 1994g22, 1994h1, 1994h12 to Polynesians were apparently smaller berry), and enhance populations of 1994h14, 1994i7, 1994i10, 1994L5, and less destructive to native plants Rubus argutus (prickly Florida 1994L6, 1994m20, 1994m22, 1994n3, than the European pigs. In addition, it blackberry), which threaten several of 1994n5, 1994o1, 1994o13, 1994o35, appears that Polynesian pigs were these taxa (Cuddihy and Stone 1990, 1994o37, 1994o38, 1994o43, 1994o44, maintained in domestication and were Smith 1985, Stone 1985). Feral pigs also 1994o46, 1994p14, 1994p16, 1994s1, not allowed to establish feral feed on the starchy interiors of tree ferns 1994t3, 1994t4, 1994t13, 1994u2, populations. While foraging, pigs root (Cibotium sp.) and other succulent- 1994u3, 1994v27, 1994v29, 1994v30, and trample the forest floor, stemmed plants (see Factor C). Feral 1994v34 to 1994v36, 1994w3 to 53102 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

1994w5, 1994aa4, 1994cc1, 1994dd5, 1994p16, 1994q7 to 1994q9, 1994u1 to Pigs have definitely eaten federally 1994dd12, 1994dd13, 1994ee; J. Lau, 1994u3, 1994v2, 1994v19, 1994v26, endangered Cyanea crispa plants pers. comm. 1994). 1994v30, 1994v32, 1994v33, 1994aa2, immediately adjacent to Cyanea Goats, originally native to the Middle 1994aa5, 1994dd5, 1994dd9, 1994dd10, acuminata plants. Predation is therefore East and India, were successfully 1994dd12, 1994dd15, 1994dd16; a probable threat to Cyanea acuminata, introduced to the Hawaiian Islands in Wagner et al. 1985). C. humboldtiana, C. koolauensis, C. 1792. Feral goats now occupy a wide B. Overutilization for commercial, longiflora, C. st.-johnii, Delissea variety of habitats from lowland dry recreational, scientific, or educational subcordata, Lobelia gaudichaudii ssp. forests to montane grasslands on Kauai, purposes. Overutilization is not a koolauensis, Lobelia monostachya, and Oahu, Molokai, Maui, and Hawaii, known factor, but unrestricted Trematolobelia singularis in areas where they consume native vegetation, collecting for scientific or horticultural where pigs have been reported (J. Lau which may include the taxa in this final purposes and excessive visits by and J. Yoshioka, pers. comm. 1994). rule (see Factor C), trample roots and individuals interested in seeing rare Predation of Hawaii’s native seedlings, accelerate erosion, and plants could seriously impact all of the vegetation by goats and the extensive promote the invasion of alien plants plant taxa in this final rule, but damage caused by them have been well (Stone 1985, van Riper and van Riper especially Cyanea humboldtiana, documented (Tomich 1986, van Riper 1982). On Oahu, the goat population in Cyanea koolauensis, C. st.-johnii, and van Riper 1982). Although there is the Waianae Mountains area is Eragrostis fosbergii, and Lobelia no evidence of predation on Delissea apparently increasing, becoming an gaudichaudii ssp. koolauensis, which subcordata, Eragrostis fosbergii, even greater threat to the rare plants that have populations close to trails or roads Lepidium arbuscula, Melicope saint- grow there (J. Lau, pers. comm. 1994). and are thus easily accessible to johnii, and Pritchardia kaalae, all of One or more populations of five of the collectors, and therefore possibly which occur in areas where goats have taxa in this final rule (including threatened by overcollection, trampling, been reported, none of those plants are Delissea subcordata, Eragrostis and/or road maintenance (HHP 1994f1, known to be unpalatable. Direct fosbergii, one of the largest populations 1994f2, 1994g22, 1994i9, 1994n3 to predation by goats is a possible threat to of Lepidium arbuscula, the largest 1994n6; L. Mehrhoff, pers. comm. 1994). those five taxa (HHP 1994m20, 1994n5, population of Melicope saint-johnii, and C. Disease and predation. Disease is 1994n6, 1994q5, 1994q8, 1994q11, more than half of the individuals of not known to be a significant threat to 1994t14, 1994aa2, 1994aa4, 1994ee). Pritchardia kaalae) are currently any of the plant taxa in this final rule. Two rat species, the black rat (Rattus threatened by direct damage from feral However, a tiny beetle, the black twig rattus) and the Polynesian rat (Rattus goats, such as trampling of plants and borer (Xylosandrus compactus), is exulans), and to a lesser extent other seedlings and erosion of substrate known to infest a wide variety of introduced rodents, eat large, fleshy (Culliney 1988; HHP 1994m20, 1994n5, common plant taxa, including Melicope fruits and strip the bark of some native 1994n6, 1994q5, 1994q8, 1994q9, in the Koolau Mountains (Davis 1970). plants, particularly fruits of the native 1994q11, 1994t14, 1994aa2, 1994aa4, The black twig borer burrows into palms (Pritchardia) and plants in the 1994ee; Scott et al. 1986; van Riper and branches, introduces a pathogenic bellflower and African violet families van Riper 1982). fungus as food for its larvae, and lays its that have fleshy stems and fruits Habitat disturbance caused by human eggs. Twigs, branches, and even entire (Cuddihy and Stone 1990; Tomich 1986; activities may pose a threat to rare plant plants can be killed from an infestation. Wagner et al. 1985; J. Lau, pers. comm. populations that grow on lands on In the Hawaiian Islands, the black twig 1994). Rat predation on fruits threatens which military training exercises and borer has many hosts, disperses easily, the largest population of Pritchardia ground maneuvers are occasionally and is probably present at most kaalae, as indicated by the lack of conducted. However, as most of the taxa elevations up to 670 m (2,500 ft) reproduction and seedlings (HHP in this final rule grow on moderate to (Howarth 1985). In the Koolau 1994aa2). Rat damage has also been steep slopes, ridges, and gulches, habitat Mountains, the black twig borer is observed in the only known population disturbance is probably restricted to foot known to threaten the Kapakahi Gulch of Lobelia monostachya (HHP 1994ff). It and helicopter traffic. Trampling by population of Gardenia mannii. The is possible that rats eat the fruits of 11 ground troops associated with training black twig borer occurs throughout the other plant taxa in this final rule, all of activities, and construction, Waianae Mountains and may pose a which produce fleshy fruits and stems, maintenance, and utilization of threat to all Melicope saint-johnii plants and grow in areas where rats occur— helicopter landing and drop-off sites that occur there (HHP 1994o41, 1994t1 Cyanea acuminata, C. humboldtiana, C. could affect populations of 14 of the to 1994t4, 1994t7, 1994t13, 1994t14; J. koolauensis, C. longiflora, C. st.-johnii, plant taxa (Chamaesyce rockii, Cyanea Lau, pers. comm. 1994). Cyrtandra dentata, C. subumbellata, C. acuminata, Cyanea koolauensis, Cyanea Of the ungulates introduced to Oahu, viridiflora, Delissea subcordata, Lobelia longiflora, Cyrtandra subumbellata, pigs are currently the most significant gaudichaudii ssp. koolauensis, and Cyrtandra viridiflora, Delissea modifiers of native forests (Cuddihy and Trematolobelia singularis (J. Lau and subcordata, Gardenia mannii, Labordia Stone 1990, Stone 1985). Not only do Joan Yoshioka, pers. comms. 1994). cyrtandrae, Lepidium arbuscula, they destroy native vegetation through D. The inadequacy of existing Myrsine juddii, Phyllostegia hirsuta, their rooting activities and dispersal of regulatory mechanisms. Of the 25 plant Pritchardia kaalae, and Viola alien plant seeds (see Factor A), but pigs taxa in this final rule, 20 have oahuensis) that occur on land leased or also feed on plants, preferring the pithy populations located on private land, 22 owned by the U.S. Army (HHP 1994d2, interior of large tree ferns and fleshy- on State land, 10 on City and County of 1994d4, 1994d5, 1994e2 to 1994e5, stemmed plants from the bellflower Honolulu land, and 18 on land under 1994e7, 1994g1 to 1994g3, 1994g22, family (Stone 1985, Stone and Loope Federal jurisdiction. Of those under 1994h12 to 1994h14, 1994k6, 1994L4, 1987). Although there is no conclusive Federal jurisdiction, 14 taxa have 1994L6, 1994L7, 1994m7, 1994m9 to evidence of predation on the eight populations that occur on land owned 1994m11, 1994o1, 1994o2, 1994o4, members of the bellflower family by the Federal government and 15 have 1994o13, 1994o18, 1994o37 to 1994o40, included in this final rule, none of them populations on land leased to the 1994o43, 1994o44, 1994p2, 1994p14 to are known to be unpalatable to pigs. Federal government by State, City and Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53103

County of Honolulu, and/or private maintenance of important natural would provide additional protection to parties. While 22 of the taxa occur in systems or habitat’’ (HRS, sects. 205–4, these 25 plant taxa because it is a more than one of those 3 ownership 205–17) as well as the maintenance of Federal violation of the Act for any categories, the other 3 taxa are restricted natural resources is required to be taken person to remove, cut, dig up, damage, to a single category—Lobelia into account (HRS, sects. 205–2, 205–4). or destroy any such plant in an area not gaudichaudii ssp. koolauensis is found Before any proposed land use that will under Federal jurisdiction in knowing only on private land, Lobelia occur on State land, is funded in part or violation of State law or regulation or in monostachya is found only on State whole by county or State funds, or will the course of any violation of a State land, and Labordia cyrtandrae is found occur within land classified as criminal trespass law. only on Federal land. conservation district, an environmental E. Other natural or manmade factors Except for certain provisions assessment is required to determine affecting its continued existence. All of applicable only to land designated as a whether or not the environment will be the 25 taxa in this final rule are NAR, there are no State laws or existing significantly affected (HRS, chapt. 343). threatened by competition with 1 or regulatory mechanisms at the present If it is found that an action will have a more alien plant species (see Table 1). time to protect or prevent further significant effect, preparation of a full The most significant of these appear to decline of these plants on private land. Environmental Impact Statement is be Clidemia hirta (Koster’s curse), However, Federal listing automatically required. Hawaii environmental policy, Psidium cattleianum (strawberry guava), invokes listing under Hawaii State law. and thus approval of land use, is Schinus terebinthifolius (Christmas Hawaii’s Endangered Species Act states, required by law to safeguard ‘‘* * * the berry), Ageratina adenophora (Maui ‘‘Any species of aquatic life, wildlife, or State’s unique natural environmental pamakani), Ageratina riparia (Hamakua land plant that has been determined to characteristics * * *’’ (HRS, sect. 344– pamakani), Passiflora suberosa (huehue be an endangered species pursuant to 3(1)) and includes guidelines to ‘‘protect haole), Rubus argutus (prickly Florida the (Federal) Endangered Species Act endangered species of individual plants blackberry), Lantana camara (lantana), shall be deemed to be an endangered and animals * * *’’ (HRS, sect. 344– and Grevillea robusta (silk oak). species under the provisions of this 4(3)(A)). Federal listing, because it Koster’s curse, a noxious shrub native chapter * * *’’ (Hawaii Revised automatically invokes State listing, also to tropical America, is found in mesic Statutes (HRS), sect. 195D–4(a)). The implements these State regulations to wet forests on at least six islands in State law prohibits taking a listed protecting the plants. Hawaii (Almeda 1990, DOA 1981, Smith species on private and State lands and State laws relating to the conservation encourages conservation by State of biological resources allow for the 1992). Koster’s curse was first reported government agencies. In addition, State acquisition of land as well as the on Oahu in 1941 and had spread regulations specifically prohibit the development and implementation of through much of the Koolau Mountains removal, destruction, or damage of programs concerning the conservation by the early 1960’s. Koster’s curse plants found on State lands. However, of biological resources (HRS, sect. spread to the Waianae Mountains the regulations are difficult to enforce 195D–5(a)). The State also may enter around 1970 and is now widespread because of limited personnel. into agreements with Federal agencies throughout the southern half of that Seven of the 25 plant taxa in this rule to administer and manage any area mountain range. This noxious pest have one or more populations in NARs, required for the conservation, forms a dense understory, shading out which have rules and regulations for the management, enhancement, or other plants and hindering plant protection of resources (HRS, sect. 195– protection of endangered species (HRS, regeneration, and is considered the 5). Almost all populations of the taxa in sect. 195D–5(c)). Funds for these major alien plant threat in the Koolau this final rule are located on land activities could be made available under Mountains (Cuddihy and Stone 1990). classified within conservation districts section 6 of the Federal Act (State At present, Koster’s curse threatens and owned by the State of Hawaii or Cooperative Agreements). The Hawaii populations of 18 of the plant taxa— private companies or individuals. Department of Land and Natural Chamaesyce rockii, Cyanea acuminata, Regardless of the owner, lands in these Resources is mandated to initiate Cyanea humboldtiana, Cyanea districts, among other purposes, are changes in conservation district koolauensis, Cyanea longiflora, Cyanea regarded as necessary for the protection boundaries to include ‘‘the habitat of st.-johnii, Cyrtandra dentata, Cyrtandra of endemic biological resources and the rare native species of flora and fauna subumbellata, Cyrtandra viridiflora, maintenance or enhancement of the within the conservation district’’ (HRS, Delissea subcordata, Gardenia mannii, conservation of natural resources. sect. 195D–5.1). Labordia cyrtandrae, Lobelia Activities permitted in conservation Twenty-one of the plant taxa in this gaudichaudii ssp. koolauensis, Myrsine districts must not be detrimental to a final rule are threatened by four plants juddii, Phyllostegia hirsuta, Phyllostegia multiple use conservation concept and considered by the State of Hawaii to be kaalaensis, Trematolobelia singularis, shall conserve threatened or endangered noxious weeds—Ageratina adenophora and Viola oahuensis (HHP 1994d1 to plants (HRS, sect. 205–2). Some uses, (Maui pamakani), Ageratina riparia 1994d5, 1994d7, 1994d8, 1994d11, such as maintaining animals for (Hamakua pamakani), Clidemia hirta 1994e1 to 1994e4, 1994e7, 1994e8, hunting, are based on policy decisions, (Koster’s curse), and Myrica faya 1994e10 to 1994e12, 1994e20, 1994f1, while others, such as preservation of (firetree). The State has provisions and 1994f2, 1994g1 to 1994g4, 1994g22, endangered species, are mandated by funding available for eradication and 1994h12 to 1994h14, 1994i7, 1994i9, both Federal and State laws. Requests control of noxious weeds on State and 1994i10, 1994j6, 1994k6, 1994L4 to for amendments to district boundaries private land in conservation districts 1994L6, 1994m1, 1994o1, 1994o13, or variances within existing and other areas (HRS, chapt. 152; 1994o14, 1994o35, 1994o38 to 1994o40, classifications can be made by Hawaii Department of Agriculture 1994o42 to 1994o44, 1994o46, 1994p14, government agencies and private (DOA) 1981). 1994s1, 1994u2, 1994u3, 1994v19, landowners (HRS, sect. 205–4). Before Listing of these 25 plant taxa therefore 1994v27, 1994v29, 1994v30, 1994w3, decisions about these requests are made, would reinforce and supplement the 1994cc2, 1994cc4, 1994dd9, 1994dd12, the impact of the proposed protection available under the State Act 1994dd13; Takeuchi & Shimabukuro reclassification on ‘‘preservation or and other laws. The Federal Act also (s.n.) 1987; Takeuchi (2410) 1985). 53104 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Strawberry guava, a tree native to Maui pamakani and/or Hamakua Kalanchoe pinnata (air plant) is an tropical America, has become widely pamakani—Cyanea acuminata, herb that occurs on all the main islands naturalized on all of the main islands, Lepidium arbuscula, Lobelia except Niihau and Kahoolawe, forming dense stands that exclude other monostachya, Melicope saint-johnii, especially in dry to mesic areas (Wagner plant species in disturbed areas and Pritchardia kaalae (HHP 1994e1, et al. 1990). Air plant poses a significant (Cuddihy and Stone 1990). Strawberry 1994q5, 1994q9 to 1994q11, 1994t14, threat to the only population of Lobelia guava grows primarily in mesic and wet 1994aa2, 1994ff). monostachya (HHP 1994ff). habitats and is dispersed mainly by feral Huehue haole, a vine native to Leucaena leucocephala (koa haole), a pigs and fruit-eating birds (Smith 1985, tropical America, is found in dryland naturalized shrub which is sometimes Wagner et al. 1990). Strawberry guava is habitats and mesic forest on Oahu, the dominant species in low elevation, considered to be one of the greatest Maui, and Hawaii, where it thrives in dry, disturbed areas on all of the main alien plant threats to Hawaiian rain the subcanopy layers and smothers Hawaiian islands, is a major threat to forests and threatens populations of 15 shrubs, small trees, and the ground layer Schiedea kealiae (Geesink et al. 1990; of the plant taxa in this final rule— (Escobar 1990, Smith 1985, Wester HHP 1994bb1, 1994bb4, 1994bb6). Chamaesyce herbstii, Chamaesyce 1992). Huehue haole threatens one or Melinis minutiflora (molasses grass), a rockii, Cyanea koolauensis, Cyanea more populations of four of the plant perennial grass brought to Hawaii for longiflora, Cyrtandra dentata, Cyrtandra taxa, all in the Waianae Mountains— cattle fodder, is now naturalized in dry viridiflora, Delissea subcordata, Chamaesyce herbstii, Melicope saint- to mesic, disturbed areas on most of the Eragrostis fosbergii, Gardenia mannii, johnii, Phyllostegia hirsuta, and main Hawaiian Islands. The mats it Labordia cyrtandrae, Lepidium Phyllostegia kaalaensis (HHP 1994c1, forms smother other plants and fuel arbuscula, Myrsine juddii, Phyllostegia 1994t3, 1994t4, 1994t13, 1994t14, more intense fires than would normally hirsuta, Phyllostegia kaalaensis, and 1994v31, 1994v34, 1994v35, 1994w3, affect an area (Cuddihy and Stone 1990, Viola oahuensis (HHP 1994c2, 1994c3, 1994w4). O’Connor 1990, Smith 1985). Molasses 1994d5, 1994g1, 1994g5, 1994h1, Prickly Florida blackberry was grass threatens Lepidium arbuscula and 1994h12 to 1994h14, 1994j6, 1994L4 to introduced to the Hawaiian Islands in the only known population of Lobelia 1994L6, 1994m7, 1994n4, 1994o1, the late 1800’s from the continental U.S. monostachya (HHP 1994q4, 1994q5, 1994o13, 1994o37, 1994o38, 1994o44, (Haselwood and Motter 1983). The fruits 1994q11, 1994ff). 1994o46, 1994p15, 1994p16, 1994q7, are easily spread by birds to open areas Myrica faya (firetree), native to the 1994q11, 1994u2, 1994u3, 1994v27, such as disturbed mesic or wet forests, Azores, Madeira, and the Canary 1994v36, 1994w3, 1994dd9, 1994dd12; where the species forms dense, Islands, was introduced to Hawaii Smith 1985). impenetrable thickets (Smith 1985). In before 1900 for wine-making, firewood, Christmas berry, introduced to Hawaii the Waianae Mountains, populations of or as an ornamental. Firetree was before 1911, is a fast-growing tree or five of the plant taxa are threatened by planted in forest reserves in the 1920’s. shrub that invade mesic to wet lowland this noxious weed—Cyanea longiflora, areas of the major Hawaiian Islands By the mid-1980’s, firetree had infested Gardenia mannii, Labordia cyrtandrae, (Wagner et al. 1990). Christmas berry is over 34,000 ha (84,000 ac) throughout Phyllostegia hirsuta, and Pritchardia distributed mainly by feral pigs and the State, with the largest infestations kaalae (HHP 1994h1, 1994o1, 1994p14, fruit-eating birds and forms dense on the island of Hawaii. It is now 1994p15, 1994v2, 1994v3, 1994aa5). thickets that shade out and displace considered a noxious weed (Cuddihy other plants (Cuddihy and Stone 1990, Lantana, native to the West Indies, is and Stone 1990, DOA 1981). Firetree Smith 1985, Stone 1985). It is a an aggressive, thicket-forming shrub that can form a dense stand with no ground pervasive threat in the Koolau and produces chemicals that inhibit the cover beneath the canopy. This lack of Waianae Mountains and threatens one growth of other plant species. Lantana is ground cover may be due to dense or more populations of Chamaesyce now found on all of the main Hawaiian shading or to chemicals released by herbstii, Cyanea acuminata, Delissea islands in mesic forests, dry shrublands, firetree that prevent other species from subcordata, Eragrostis fosbergii, and other dry, disturbed habitats growing. Firetree also fixes nitrogen and Labordia cyrtandrae, Lepidium (Cuddihy and Stone 1990, Smith 1985, increases nitrogen levels in Hawaii’s arbuscula, Lobelia monostachya, Wagner et al. 1990). In the Waianae typically nitrogen-poor volcanic soils. Melicope saint-johnii, Phyllostegia Mountains, lantana negatively affects This may encourage the invasion of hirsuta, Phyllostegia kaalaensis, populations of four of the plant taxa in alien plants that would not otherwise be Pritchardia kaalae, and Schiedea this final rule—Delissea subcordata, able to grow as well as native species in kealiae (HHP 1994c1, 1994c2, 1994c4, Lepidium arbuscula, Melicope saint- Hawaii’s low-nitrogen soils (Cuddihy 1994e11, 1994m1, 1994m7, 1994n4, johnii, and Phyllostegia hirsuta (HHP and Stone 1990). Firetree threatens 1994p16, 1994q4, 1994q5, 1994q7, 1994q5, 1994q10, 1994t13, 1994v19, Melicope saint-johnii and one of the 1994q9 to 1994q11, 1994t3, 1994t4, 1994v31; Takeuchi and Shimabukuro largest populations of Lepidium 1994t13, 1994t14, 1994v19, 1994v31, (s.n.) 1987). arbuscula (HHP 1994q11, 1994t14). 1994v34, 1994v35, 1994w3, 1994w4, Silk oak, native to Queensland and The perennial grass Paspalum 1994aa2, 1994bb4, 1994bb6, 1994ff). New South Wales, Australia, was conjugatum (Hilo grass) has become Maui pamakani and Hamakua planted extensively in Hawaii for timber naturalized in moist to wet, disturbed pamakani, both native to tropical and is now naturalized on most of the areas on most Hawaiian Islands. It America, have naturalized in dry areas main islands (Smith 1985, Wagner et al. produces a dense ground cover, even on to wet forest on Oahu and four other 1990). Silk oak negatively affects poor soil (Cuddihy and Stone 1990). islands (Wagner et al. 1990). These two populations of four of the plant taxa that Sacciolepis indica (Glenwood grass) is noxious weeds form dense mats with grow exclusively in the Waianae an annual or perennial grass naturalized other alien plants and prevent Mountains—Chamaesyce herbstii, on five islands in Hawaii in open, wet regeneration of native plants (Anderson Eragrostis fosbergii, Lepidium areas (Wagner et al. 1990). Hilo grass et al. 1992). Five of the plant taxa in this arbuscula, and Melicope saint-johnii and Glenwood grass threaten the largest final rule in both Oahu mountain ranges (HHP 1994c1, 1994n4, 1994q10, population of Viola oahuensis (HHP are threatened by competition with 1994q11, 1994t14). 1994dd13). Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53105

Fire does not pose an immediate People are more likely to come into from fires; and human impacts from threat to the 25 plant taxa in this final contact with species that have military training practices and from rule, although species that grow in dry populations near trails or roads or in recreational activities. Twenty of the 25 and mesic shrubland and forest may be recreational areas. Alien plants may be taxa either number no more than 100 susceptible to fire (see Table 1). Because introduced into such areas as seeds on individuals or are known from no more Hawaii’s native plants have evolved footwear, or people may cause erosion, than 5 populations. Small population with only infrequent naturally occurring trample plants, or start fires (Cuddihy size and limited distribution make these episodes of fire (lava flows, infrequent and Stone 1990). The following taxa taxa particularly vulnerable to lightning strikes), most species are not have populations in recreational areas extinction from reduced reproductive adapted to fire and are unable to recover or close to roads or trails and are vigor or from naturally occurring events. well after recurring fires. Alien plants potentially threatened by human Because the 25 taxa are in danger of are often more fire-adapted than native disturbance—Cyanea humboldtiana, extinction throughout all or a significant taxa and will quickly exploit suitable Cyanea koolauensis, Cyanea st.-johnii, portion of their ranges, they fit the habitat after a fire (Cuddihy and Stone Delissea subcordata, Eragrostis definition of endangered as defined in 1990). Unintentionally ignited fires have fosbergii, Lepidium arbuscula, and the Act. resulted from ordnance training Lobelia gaudichaudii (HHP 1994f1, Critical habitat is not being designated practices in Makua Military Reservation 1994g22, 1994i7, 1994i9, 1994i10, for the 25 taxa included in this rule for and Schofield Barracks Military 1994n3 to 1994n6, 1994q4; L. Mehrhoff, reasons discussed in the ‘‘Critical Reservation and from other military pers. comm. 1994). Habitat’’ section below. The small number of populations and training practices in Kawailoa and Critical Habitat Kahuku Training Areas and pose a individuals of most of these taxa Critical habitat is defined in section 3 possible threat to the five species that increases the potential for extinction of the Act as—(I) the specific areas occur on those military installations— from naturally occurring events. The within the geographical area occupied Cyrtandra subumbellata, Delissea small gene pool may depress by a species, at the time it is listed in subcordata, Gardenia mannii, all known reproductive vigor, or a single human- accordance with the Act, on which are populations of Labordia cyrtandrae, and caused or natural environmental found those physical or biological Pritchardia kaalae (Environment Impact disturbance could destroy a significant features (I) essential to the conservation Study Corp. 1977; HHP 1993, 1994a, percentage of the individuals or the only of the species and (II) that may require 1994b, 1994k2, 1994k5, 1994k6, extant population. Two of the plant special management consideration or 1994m7, 1994m9 to 1994m11, 1994o1, taxa, Lobelia gaudichaudii ssp. koolauensis and Lobelia monostachya, protection; and (ii) specific areas 1994o2, 1994o4, 1994o13, 1994o18, outside the geographical area occupied 1994o37 to 1994o40, 1994o43, 1994o44, are known from a single population. An additional 15 of the taxa in this final by a species at the time it is listed, upon 1994p2, 1994p14 to 1994p16, 1994aa2, a determination that such areas are 1994aa5; Yoshioka et al. 1991). rule have 5 or fewer populations. Twelve of the taxa are estimated to essential for the conservation of the Accidentally or maliciously set fires in species. ‘‘Conservation’’ means the use areas of habitation near the Lualualei number no more than 100 individuals and 4 of those taxa (Cyrtandra of all methods and procedures needed Naval Reservation and the Makua to bring the species to the point at Military Reservation could easily spread viridiflora, Eragrostis fosbergii, Labordia cyrtandrae, and Lobelia monostachya) which listing under the Act is no longer and pose a possible threat to more than are estimated to number no more than necessary. half of the individuals of Lepidium 10 individuals (see Table 1). Section 4(a)(3) of the Act, as arbuscula that occur on both The Service has carefully assessed the amended, and implementing regulations reservations and one population of best scientific and commercial (50 CFR 424.12) require that, to the Melicope saint-johnii (HHP 1994q3, information available regarding the past, maximum extent prudent and 1994q5, 1994q8, 1994q10, 1994q11, present, and future threats faced by determinable, the Secretary designate 1994t15; J. Lau, pers. comm. 1994). Fire these taxa in determining to make this critical habitat at the time the species is is also a potential threat to Chamaesyce rule final. Based on this evaluation, this determined to be endangered or herbstii, Cyanea longiflora, Cyrtandra rulemaking will list these 25 species as threatened. Service regulations (50 CFR dentata, Phyllostegia hirsuta, endangered—Chamaesyce herbstii, 424.12(a)(1)) state that designation of Phyllostegia kaalaensis, and Schiedea Chamaesyce rockii, Cyanea acuminata, critical habitat is not prudent when one kealiae, which occur in dry or mesic Cyanea humboldtiana, Cyanea or both of the following situations habitats with adequate conditions for koolauensis, Cyanea longiflora, Cyanea exist—(1) The species is threatened by the spread of fire, at least seasonally st.-johnii, Cyrtandra dentata, Cyrtandra taking or other human activity, and (HHP 1994c1 to 1994c5, 1994h1, subumbellata, Cyrtandra viridiflora, identification of critical habitat can be 1994h3, 1994h11, 1994j2, 1994j6, Delissea subcordata, Eragrostis expected to increase the degree of threat 1994j7, 1994v6, 1994v34 to 1994v36, fosbergii, Gardenia mannii, Labordia to the species, or (2) such designation of 1994w2 to 1994w4, 1994w6, 1994bb3). cyrtandrae, Lepidium arbuscula, Lobelia critical habitat would not be beneficial Erosion, landslides, and rockslides gaudichaudii ssp. koolauensis, Lobelia to the species. As discussed under due to natural weathering result in monostachya, Melicope saint-johnii, Factor B, these taxa could potentially be habitat destruction as well as the death Myrsine juddii, Phyllostegia hirsuta, threatened by overcollection due to of individual plants. This especially Phyllostegia kaalaensis, Pritchardia their low population size and interest affects the continued existence of taxa kaalae, Schiedea kealiae, generated by their endangered status. or populations with limited numbers Trematolobelia singularis, and Viola The publication of precise maps and and/or narrow ranges on cliffs, such as oahuensis. The 25 taxa are threatened descriptions of critical habitat in the the only known population of Lobelia by one or more of the following—habitat Federal Register and local newspapers gaudichaudii ssp. koolauensis and the degradation and/or predation by pigs, as required in designation of critical Kaena Point population of Schiedea goats, and rats; insect infestations; habitat would increase the degree of kealiae (HHP 1994bb3; L. Mehrhoff, competition for space, light, water, and threat to these plants from take or pers. comm. 1994). nutrients by alien plants; habitat loss vandalism and, therefore, could 53106 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations contribute to their decline. The listing of against certain activities involving listed prohibitions apply to agents of the these taxa as endangered publicizes the plants are discussed, in part, below. Service and State conservation agencies. rarity of the plants and, thus, can make Section 7(a) of the Act, as amended, The Act and 50 CFR 17.62 provide for these plants attractive to researchers, requires Federal agencies to evaluate the issuance of permits to carry out curiosity seekers, or collectors of rare their actions with respect to any species otherwise prohibited activities plants. For this reason, The Service that is proposed or listed as endangered involving endangered plant species finds that designation of critical habitat or threatened and with respect to its under certain circumstances. Such for these 25 taxa is not prudent at this critical habitat, if any is being permits are available for scientific time. designated. Regulations implementing purposes and to enhance the Furthermore, such a designation this interagency cooperation provision propagation or survival of the species. It would not only increase The degree of of the Act are codified at 50 CFR part is anticipated that few permits would threat from vandalism, collecting, or 402. Section 7(a)(1) requires Federal ever be sought or issued because these other human activities, it is unlikely to agencies to use their authorities to 25 taxa are not common in cultivation aid in the conservation of these taxa. further the purposes of the Act by or in the wild. Eighteen of the taxa occur on lands carrying out programs for listed species. It is the policy of the Service (59 FR under Federal military jurisdiction. The Section 7(a)(2) of the Act requires 34272) to identify to the maximum additional protection by the designation Federal agencies to insure that activities extent practicable at the time a species of critical habitat to a species is granted they authorize, fund, or carry out are not is listed those activities that would or through section 7 of the Act. Section likely to jeopardize the continued would not constitute a violation of 7(a) of the Act, as amended, requires existence of the species. If a Federal section 9 of the Act. The intent of this Federal agencies to evaluate their action is likely to adversely affect a policy is to increase public awareness of actions with respect to any species that listed species, the responsible Federal the effect of the listing on proposed and is proposed or listed as endangered or agency must enter into formal ongoing activities within the species’ threatened and with respect to its consultation with the Service. range. Eighteen of the taxa occur on Eighteen of the taxa occur on land critical habitat, if any is being lands under Federal jurisdiction (U.S. under Federal jurisdiction, including designated. Section 7(a)(2) requires Army, U.S. Navy, and U.S. Coast the following agencies—U.S. Army, U.S. Federal agencies to insure that activities Guard). Of those, 15 taxa are found on Navy, and U.S. Coast Guard. Of those, they authorize, fund, or carry out are not 15 taxa are found on federally owned federally owned land and 14 taxa occur likely to jeopardize the continued land and 14 taxa occur on land leased on land leased by the Federal existence of such a species or destroy or by the Federal government from the government from the State, City and adversely modify its critical habitat. All State, City and County of Honolulu, and County of Honolulu, and private parties. of the 18 species which occur on private parties. Activities carried out by Collection, damage, or destruction of military lands are confined to small the U.S. Army include ordnance these taxa on Federal lands is prohibited geographic areas, and each population is training practices, ground troop training without a Federal endangered species composed of so few individuals that the activities, and construction, permit. Such activities on non-Federal determinations for jeopardy to the maintenance, and utilization of lands would constitute a violation of species and adverse modification of helicopter landing and drop-off sites. section 9 if conducted in knowing critical habitat would be similar. The Army is coordinating with TNCH to violation of Hawaii State law or Therefore, designation of critical habitat develop management plans for regulations or in violation of State for these species provides no benefits Schofield Barracks Military Reservation, criminal trespass law. One of the listed beyond those that these species would Kawailoa Training Area, and Kahuku taxa (Pritchardia kaalae) may be of receive by virtue of their listing as Training Area to limit the impact of horticultural interest, though currently endangered species. these activities on endangered species it is not in commercial trade. Intrastate Critical habitat designation, therefore, and their habitats. commerce (commerce within a State) is would increase the degree of threat from The Act and its implementing not prohibited under the Act. However, vandalism, collecting, or other human regulations set forth a series of general interstate and foreign commerce (sale or activities, and is not likely to aid in the prohibitions and exceptions that apply offering for sale across State or conservation of these taxa. For these to all endangered plants. All international boundaries), would be reasons, the Service finds that prohibitions of section 9(a)(2) of the Act, prohibited, with limited exceptions. designation of critical habitat for these implemented by 50 CFR 17.61, apply. (Endangered species may be advertised 25 taxa is not prudent at this time. These prohibitions, in part, make it for sale provided the advertisement contains a statement that no sale may be Available Conservation Measures illegal for any person subject to the jurisdiction of the United States to consummated until a permit has been Conservation measures provided to import or export, transport in interstate obtained from the Service.) species listed as endangered or or foreign commerce in the course of a Questions regarding whether specific threatened under the Act include commercial activity, sell or offer for sale activities will constitute a violation of recovery actions, requirements for in interstate or foreign commerce, or section 9 of the Act should be directed Federal protection, and prohibitions remove and reduce the species to to the Pacific Islands Ecoregion Manager against certain activities. Recognition possession from areas under Federal (see ADDRESSES section). Requests for through listing results in conservation jurisdiction. In addition, for plants copies of the regulations concerning actions by Federal, State, and local listed as endangered, the Act prohibits listed plants and inquiries regarding agencies, private organizations, and the malicious damage or destruction on prohibitions and permits may be individuals. The Act provides for areas under Federal jurisdiction and the addressed to the Fish and Wildlife possible land acquisition and removal, cutting, digging up, or Service, Ecological Services, cooperation with the State and requires damaging or destroying of such plants Endangered Species Permits, 911 N.E. that recovery plans be developed for in knowing violation of any State law or 11th Avenue, Portland, Oregon 97232– listed species. The protection required regulation, including State criminal 4181 (telephone: 503/231–6241; of Federal agencies and the prohibitions trespass law. Certain exceptions to the facsimile: 503/231–6243). Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53107

Hawaii State Law adopted pursuant to section 4(a) of the List of Subjects in 50 CFR Part 17 Federal listing will automatically Endangered Species Act of 1973, as Endangered and threatened species, invoke listing under the State’s amended. A notice outlining the Exports, Imports, Reporting and endangered species act. Hawaii’s Service’s reasons for this determination recordkeeping requirements, Endangered Species Act states, ‘‘Any was published in the Federal Register Transportation. species of aquatic life, wildlife, or land on October 25, 1983 (48 FR 49244). Regulation Promulgation plant that has been determined to be an Required Determinations endangered species pursuant to the Accordingly, part 17, subchapter B of [Federal] Endangered Species Act shall The Service has examined this chapter I, title 50 of the Code of Federal be deemed to be an endangered species regulation under the Paperwork Regulations, is amended as set forth under the provisions of this chapter Reduction Act of 1995 and found it to below: ** *’’ (Hawaii Revised Statues (HRS), contain no information collection sect. 195D–4(a)). This Federal listing requirements. This rulemaking was not PART 17Ð[AMENDED] will automatically invoke listing under subject to review by the Office of 1. The authority citation for part 17 Hawaii State law. The State law Management and Budget under continues to read as follows: prohibits taking of listed species on Executive Order 12866. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. private and State lands and encourages References Cited conservation by State agencies (HRS, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– sect. 195D–4). A complete list of all references cited 625, 100 Stat. 3500; unless otherwise noted. herein is available upon request from 2. Section 17.12(h) is amended by National Environmental Policy Act the Pacific Islands Ecoregion (see adding the following, in alphabetical The Fish and Wildlife Service has ADDRESSES section). order under FLOWERING PLANTS, to determined that Environmental Author the List of Endangered and Threatened Assessments or Environmental Impact Plants to read as follows: Statements, as defined under the The authors of this rule are Christa authority of the National Environmental Russell and Marie M. Bruegmann, § 17.12 Endangered and threatened plants. Policy Act of 1969, need not be Pacific Islands Ecoregion Office (see * * * * * prepared in connection with regulations ADDRESSES section). (h) * * *

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

******* FLOWERING PLANTS

******* Chamaesyce herbstii ...... 'Akoko ...... U.S.A. (HI) ...... EuphorbiaceaeÐSpurge E 591 NA NA

******* Chamaesyce rockii ...... 'Akoko ...... U.S.A. (HI) ...... EuphorbiaceaeÐSpurge E 591 NA NA

******* Cyanea acuminata ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Cyanea humboldtiana ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Cyanea koolauensis ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Cyanea longiflora ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Cyanea st.-johnii ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Cyrtandra dentata ...... Ha'iwale ...... U.S.A. (HI) ...... GesneriaceaeÐAfrican E 591 NA NA violet.

******* Cyrtandra subumbellata ...... Ha'iwale ...... U.S.A. (HI) ...... GesneriaceaeÐAfrican E 591 NA NA violet. 53108 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

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

******* Cyrtandra viridiflora ...... Ha'iwale ...... U.S.A. (HI) ...... GesneriaceaeÐAfrican E 591 NA NA violet.

******* Delissea subcordata ...... 'Oha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Eragrostis fosbergii ...... None ...... U.S.A. (HI) ...... PoaceaeÐGrass ...... E 591 NA NA

******* Gardenia mannii ...... Nanu ...... U.S.A. (HI) ...... RubiaceaeÐCoffee ...... E 591 NA NA

******* Labordia cyrtandrae ...... Kamakahala U.S.A. (HI) ...... LoganiaceaeÐLogania .... E 591 NA NA

******* Lepidium arbuscula ...... 'Anaunau ..... U.S.A. (HI) ...... BrassicaceaeÐMustard ... E 591 NA NA

******* Lobelia gaudichaudii ...... None ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Lobelia monostachya ...... None ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Melicope saint-johnii ...... Alani ...... U.S.A. (HI) ...... RutaceaeÐRue ...... E 591 NA NA

******* Myrsine juddii ...... Kolea ...... U.S.A. (HI) ...... MyrsinaceaeÐMyrsine ..... E 591 NA NA

******* Phyllostegia hirsuta ...... None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 591 NA NA

******* Phyllostegia kaalaensis ...... None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 591 NA NA

******* Pritchardia kaalae ...... Loulu ...... U.S.A. (HI) ...... ArecaceaeÐPalm ...... E 591 NA NA

******* Schiedea kealiae ...... None ...... U.S.A. (HI) ...... CaryophyllaceaeÐPink .... E 591 NA NA

******* Trematolobelia singularis ...... None ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 591 NA NA flower.

******* Viola oahuensis ...... None ...... U.S.A. (HI) ...... ViolaceaeÐViolet ...... E 591 NA NA

*******

Dated: September 24, 1996. 50 CFR Part 17 SUMMARY: The U.S. Fish and Wildlife John G. Rogers, Service (Service) determines RIN 1018±AD58 Acting Director, Fish and Wildlife Service. endangered status pursuant to the [FR Doc. 96–25557 Filed 10–9–96; 8:45 am] Endangered Species Act of 1973, as Endangered and Threatened Wildlife amended (Act), for 13 plant taxa— BILLING CODE 4310±55±P and Plants; Determination of Achyranthes mutica (No common name Endangered or Threatened Status for (NCN)), Cenchrus agrimonioides Fourteen Plant Taxa From the (kamanomano), Cyanea grimesiana ssp. Hawaiian Islands grimesiana (haha), Cyperus AGENCY: Fish and Wildlife Service, trachysanthos (pu‘uka‘a), Euphorbia Interior. haeleeleana (NCN), Isodendrion laurifolium (aupaka), Panicum ACTION: Final rule. niihauense (lau ‘ehu), Phyllostegia Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53109 parviflora (NCN), Platanthera holochila Federal protection provisions provided SUPPLEMENTARY INFORMATION: (NCN), Sanicula purpurea (NCN), by the Act. Background Schiedea hookeri (NCN), Schiedea EFFECTIVE DATE: kauaiensis (NCN), and Schiedea This rule takes effect Achyranthes mutica, Cenchrus nuttallii (NCN). The Service also November 12, 1996. agrimonioides, Cyanea grimesiana ssp. determines threatened status for ADDRESSES: The complete file for this grimesiana, Cyperus trachysanthos, Isodendrion longifolium (aupaka). The rule is available for inspection, by Euphorbia haeleeleana, Isodendrion 14 taxa are endemic to the Hawaiian appointment, during normal business laurifolium, Isodendrion longifolium, Islands and are now known from one or hours at the U.S. Fish and Wildlife Panicum niihauense, Phyllostegia more of the following Hawaiian Service, Pacific Islands Office, 300 Ala parviflora, Platanthera holochila, Islands—Niihau, Kauai, Oahu, Molokai, Moana Boulevard, Room 3108, P.O. Box Sanicula purpurea, Schiedea hookeri, Lanai, Maui, and Hawaii. The 14 plant 5088, Honolulu, Hawaii 96850. Schiedea kauaiensis, and Schiedea taxa and their habitats have been nuttallii are, or were, known from 10 variously affected or are currently FOR FURTHER INFORMATION CONTACT: Hawaiian Islands—Laysan, Midway, threatened by one or more of the Brooks Harper, Field Supervisor, Kure, Niihau, Kauai, Oahu, Molokai, following—competition, predation or Ecological Services, Pacific Islands Lanai, Maui, and Hawaii. The current habitat degradation from alien species, Ecoregion (see ADDRESSES section) and historical distribution by island is human impacts, fire, and natural (telephone: 808/541–3441; facsimile: presented in Table 1 for each of the 14 disasters. This final rule implements the 808/541–3470). taxa.

TABLE 1. SUMMARY OF ISLAND DISTRIBUTION OF THE TAXA

Hawaiian Island Species Kure Maui Laysan Niihau Kauai Oahu Molokai Lanai Maui Hawaii

Achyranthes mutica ...... H ...... C Cenchrus agrimonioides ...... H H H ...... C ...... H C H? Cyanea grimesiana ssp. grimesiana ...... C C C C ...... Cyperus trachysanthos ...... C C C H H ...... Euphorbia haeleeleana ...... C C ...... Isodendrion laurifolium ...... C C ...... Isodendrion longifolium ...... C C ...... Panicum niihauense ...... H C ...... Phyllostegia parviflora ...... C ...... H H Platanthera holochila ...... C H C ...... C ...... Sanicula purpurea ...... C ...... C ...... Schiedea hookeri ...... C ...... H ...... Schiedea kauaiensis ...... C ...... Schiedea nuttallii ...... C C ...... Key: CÐcurrent; population last observed within the past 20 years. HÐhistorical; population not seen for over 20 years. ?Ðquestionable locality or inconsistent information in sources.

The Hawaiian archipelago includes basaltic portions of many of the north The climate of the Hawaiian Islands eight large volcanic islands (Niihau, westernmost islands (such as Laysan, reflects the tropical setting buffered by Kauai, Oahu, Molokai, Lanai, Midway, and Kure) are entirely the surrounding ocean (Department of Kahoolawe, Maui, and Hawaii), as well submerged, and coralline atolls and Geography 1983). The prevailing winds as offshore islets, shoals, and atolls set shoals are often all that remain above are northeast trade winds with some on submerged volcanic remnants at the sea level (Macdonald et al. 1986). The seasonal fluctuation in strength. The northwestern end of the chain (the topography of the Hawaiian Islands is islands also experience winter storm Northwestern Hawaiian Islands, extremely diverse. On the youngest systems and occasional hurricanes. including Laysan, Midway, and Kure). islands, Hawaii and Maui, gently Annual rainfall varies greatly by The archipelago covers a land area of sloping unweathered shield volcanoes location, with marked windward to about 16,600 square kilometers (sq km) with very poor soil development are leeward gradients over short distances. (6,400 sq miles (mi)), extending roughly juxtaposed with older, heavily Minimum average annual rainfall is less ° ′ ° ′ than 250 millimeters (mm) (10 inches between latitude 18 50 and 28 15 N weathered valleys with steep walls, and longitude 154°40′ and 178°70′ W, (in.)); the maximum average well-developed streams, and gently and ranging in elevation from sea level precipitation is well in excess of 11,000 sloped flood plains. The older islands to to 4,200 meters (m) (13,800 feet (ft)) mm (450 in.) per year. Precipitation is the northwest (Niihau, Kauai, Oahu, and (Department of Geography 1983). The greatest during the months of October regional geological setting is a mid- Molokai) are generally more weathered. through April. A dry season is apparent oceanic volcanic island archipelago set On a typical older island, sea cliffs and in leeward settings, while windward in a roughly northwest to southeast line, large amphitheater-headed valleys on settings generally receive trade wind- with younger islands to the southeast. the windward (northeast) side contrast driven rainfall throughout the year The youngest island, Hawaii, is with erosionally younger, dissected (Department of Geography 1983). volcanically active. The older islands slopes on the leeward (southwest) side The native-dominated vegetation of are increasingly eroded, so that the (Department of Geography 1983). the Hawaiian Islands varies greatly 53110 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations according to elevation, moisture regime, The land that supports these 14 plant landslides or hurricanes) and/or and substrate. Within the nearly 100 taxa is owned by various private parties, reduced reproductive vigor, due to the recognized native vegetation types are the City and County of Honolulu, the small number of existing individuals in numerous island-specific or region- State of Hawaii (including State parks, a single remaining population (HPCC specific associations, comprising an forest reserves, natural area reserves, 1992a; Christa Russell, The Nature extremely rich array of vegetation types and Hawaiian Home Lands), and the Conservancy of Hawaii (TNCH), pers. over a very limited geographic area. Federal government (Department of comm. 1994). Major vegetation formations include Defense (DOD)). Louis C.A. von Chamisso, a botanist on the Russian vessel Rurik, first forests, woodlands, shrublands, Discussion of the 14 Plant Taxa grasslands, herblands, and pioneer collected Cenchrus agrimonioides on associations on lava and cinder Achyranthes mutica was first Oahu during a world exploring substrates (Gagne´ and Cuddihy 1990). described by Asa Gray in 1867 based on expedition between 1816 and 1817. Carl a specimen collected on Kauai between In Hawaii, lowland, montane, and Bernhard von Trinius described the 1851 and 1855 by Ezechiel Jules Remy, subalpine forest types extend from sea species several years later (Degener and a French naturalist and ethnologist (St. level to above 3,000 m (9,800 ft) in Whitney 1937). Other published names John 1979, Wagner et al. 1990). elevation. Coastal and lowland forests considered synonymous with C. Achyranthes nelsonii (St. John 1979) is are generally dry or mesic and may be agrimonioides include C. calyculatus considered to be synonymous with A. open- or closed-canopied. The stature of var. uniflorus, C. laysanensis, and C. mutica by the authors of the current pedunculatus (O’Connor 1990). lowland forests is generally under 10 m treatment of Hawaiian members of the Currently, two varieties are (30 ft). Ten of the taxa in this final rule family (Wagner et al. 1990). recognized—the nominate variety and (Achyranthes mutica, Cenchrus Achyranthes mutica, a member of the variety laysanensis, which was agrimonioides var. agrimonioides, amaranth family (Amaranthaceae), is a described by F.B. Brown (1931). Cyanea grimesiana ssp. grimesiana, many-branched shrub with stems Cenchrus agrimonioides, a member of Euphorbia haeleeleana, Isodendrion ranging from 30 to 60 centimeters (cm) the grass family (Poaceae), is a perennial laurifolium, I. longifolium, Panicum (12 to 24 in.) long. The opposite leaves, grass with stems 0.3 to 2 m (1 to 6.7 ft) niihauense, Schiedea hookeri, S. usually 3.2 to 4 cm (1.3 to 1.6 in.) long tall. The leaf blades, 20 to 40 cm (8 to nuttallii, and S. kauaiensis) have been and 1.5 to 2 cm (0.6 to 0.8 in.) wide, are 16 in.) long and 5 to 25 mm (0.2 to 1 reported from lowland dry or mesic inversely egg-shaped to elliptic or in.) wide, are flat or folded and have a forest habitat. C. agrimonioides var. inversely lance-shaped. The stalkless prominent midrib. The inflorescence laysanensis has been reported from dry flowers are arranged in spikes (flowers (flower cluster) is a raceme (an coastal strand vegetation. Four taxa (I. directly attached to the main flower unbranched, indeterminate laurifolium, I. longifolium, Phyllostegia axis) that are 0.4 to 1.5 cm (0.2 to 0.6 inflorescence with flowers arranged parviflora, and Sanicula purpurea) have in.) long. The apetalous (lacking petals) along the axis) 5 to 10 cm (2 to 4 in.) been reported from lowland wet forest flowers are perfect (containing both long, bearing cylindrical to lance- habitat. One taxon, Cyperus female and male parts). The sepals are shaped burs 8 to 18 mm (0.3 to 0.7 in.) trachysanthos, has been reported from of unequal length, 3 to 4.2 mm (0.1 to long. The burs are densely hairy with an wet sites on coastal cliffs or talus slopes. 0.2 in.) long, and have sharply pointed outer series of numerous, somewhat Montane wet forests, occupying tips. This species is distinguished from spreading bristles. Each bur partially elevations between 915 and 1,830 m others in the genus by the shape and envelops one spikelet (ultimate flower (3,000 and 6,000 ft), occur on the size of the sepals and by characteristics cluster). This species is distinguished windward slopes and summits of the of the spike, which is short and from others in the genus by the islands of Kauai, Oahu, Molokai, Maui, congested (Wagner et al. 1990). cylindrical to lance-shaped bur and the and Hawaii. The forests may be open- to Historically Achyranthes mutica was arrangement and position of the bristles. closed-canopied, and may exceed 20 m known from three collections from C. a. var. agrimonioides differs from var. (65 ft) in height. Montane wet forests are opposite ends of the main archipelago, laysanensis in generally having smaller usually dominated by several species of Kauai and Hawaii (Hawaii Heritage burs, shorter stems, and narrower leaves native trees and tree ferns. Platanthera Program (HHP) 1994c1, 1994c2; Hawaii (O’Connor 1990). holochila, has been reported from Plant Conservation Center (HPCC) Historically Cenchrus agrimonioides montane wet forest habitat. Montane 1992a). Currently this species is known var. agrimonioides was known from the bogs, found on Kauai, Molokai, Maui, only from the Keawewai Stream area in following general areas—the Waianae and Hawaii, occur primarily on flat or the Kohala Mountains of Hawaii on Mountains of Oahu, Kaaukuu on Lanai, gently sloping terrain with impervious private land. Between 20 and 50 plants and the south slope of Haleakala and substrates between 915 and 1,830 m are growing at an elevation of about 920 Ulupalakua on Maui. It may possibly (3,000 and 6,000 ft) in elevation. The m (3,030 ft) in an Acacia koaia (koai’a) have occurred on the island of Hawaii; vegetation of most of these bogs consists lowland dry forest with Dodonaea undocumented observations of this of an irregular, hummocky cushion of viscosa (’a’ali’I), Myoporum taxon have been reported from sedges, with Metrosideros polymorpha sandwicense (naio), Nestegis unspecified locations on this island (’ohi’a) usually a codominant. Two taxa, sandwicensis (olopua), Osteomeles (HHP 1994d1 to 1994d14, Hillebrand P. holochila and S. purpurea, have been anthyllidifolia (’ulei), and Sophora 1888). Currently C. a. var. agrimonioides reported from montane bog habitats. chrysophylla (mamane) (HPCC 1992a). is known from Oahu and Maui. In the Hawaiian shrublands are also found The primary threats to the single Waianae Mountains on Oahu, from coastal to alpine elevations. The remaining population of Achyranthes approximately 25 individuals are found majority of Hawaiian shrubland types mutica are habitat degradation and/or in the following populations—Pahole are in dry and mesic settings, or on cliffs destruction by ungulates such as cattle Gulch in the State’s Pahole Natural Area and slopes too steep to support trees. (Bos taurus) and feral goats (Capra Reserve (NAR), Makaha-Waianae Kai Only one of the taxa, P. niihauense, has hircus), competition with alien plant Ridge on City and County of Honolulu been reported from coastal dry taxa, and a risk of extinction from land, Kahanahaiki Valley on State land shrubland habitat, on Kauai. naturally occurring events (such as leased by the DOD for the Makua Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53111

Military Reservation, east Makaleha on var. mauiensis, C. grimesiana var. populations are known from Kaiholena State land, and Pualii drainage on munroi, and C. lobata var. hamakuae Gulch and an unnamed gulch south of private land in TNCH’s Honouliuli (Lammers 1990). Currently, three Puhielelu Ridge, in the central portion Preserve (HHP 1994d1, 1994d8, subspecies are recognized—the extinct of the island, both on private land (HHP 1994d11, 1994d12, 1994d14). On Maui, ssp. cylindrocalyx (Rock 1917); ssp. 1994e27, 1994e37). On Maui, two a patch of C. a. var. agrimonioides grimesiana; and the federally populations are known from Iao Valley plants, 0.9 sq m (10 sq ft) in size, is endangered ssp. obatae (St. John 1978a). on private land. A population known from State land within Kanaio Cyanea grimesiana ssp. grimesiana, a previously reported in lower Kipahulu NAR (Robert Hobdy, Division of member of the bellflower family Valley within Haleakala National Park Forestry and Wildlife (DOFAW), pers. (Campanulaceae), is a shrub 1 to 3.2 m has been determined to be C. comm. 1994). The number of (3.3 to 10.5 ft) tall. The leaves are asplenifolia, based on recently available individuals statewide totals fewer than pinnately divided, with 9 to 12 flowering material (HHP 1994e6, 100. Cenchrus agrimonioides var. segments per side. The leaf blades are 1994e26; Lloyd Loope, National agrimonioides is usually found on dry 27 to 58 cm (10.6 to 22.9 in.) long and Biological Service (NBS), in litt. 1995; rocky ridges or slopes, or ridges in 14 to 32 cm (5.5 to 12.6 in.) wide (across Art Medeiros, NBS, pers. comm. 1995). mesic ’ohi’a-koa forest between 560 and the segments). The inflorescence The total current populations statewide 820 m (1,830 and 2,700 ft) in elevation. comprises 6 to 12 flowers. The calyx consist of fewer than 50 individuals Associated plant taxa include Alyxia lobes, 10 to 44 mm (0.4 to 2 in.) long (HHP 1994e1, 1994e4, 1994e8, 1994e14, oliviformis (maile), Psydrax odoratum and 4 to 14 mm (0.2 to 0.55 in.) wide, 1994e15, 1994e34, 1994e38; H. (alahe’e), Carex sp., Diospyros sp. are egg-shaped to lance-shaped and Bornhorst and S. Perlman, in litt. 1992). (lama), and Eragrostis variabilis overlap at the base. The petals are C. g. ssp. grimesiana is typically found (kawelu) (HHP 1994d8, 1994d11, purplish or greenish to yellowish white, in mesic forest often dominated by 1994d12, 1994d14; R. Hobdy, pers. often suffused or striped with magenta, ’ohi’a or o’hi’a and koa, or on rocky or comm. 1994). and 55 to 80 mm (2 to 3 in.) long. The steep slopes of stream banks, and The other variety of this species, orange berries are 18 to 30 mm (0.7 to between 350 and 945 m (1,150 and Cenchrus agrimonioides var. 1.2 in.) long. This species is 3,100 ft) elevation. Associated plant taxa laysanensis, was known historically distinguished from others in this include Antidesma sp. (hame), Bobea from the northwestern Hawaiian islands endemic Hawaiian genus by the sp. (’ahakea), Psychotria sp. (kopiko), of Laysan, Kure, and Midway, all within pinnately lobed leaf margins and the Xylosma sp. (maua), and various native the Northwestern Hawaiian Islands width of the leaf blades. This subspecies and alien ferns (HHP 1994e1, 1994e7, National Wildlife Refuge. This variety is distinguished from the other two 1994e8, 1994e14, 1994e34, 1994e37; H. has not been seen since 1973. These subspecies by the shape and size of the Bornhorst and S. Perlman, in litt. 1992). islands are infrequently surveyed for calyx lobes, which overlap at the base The major threats to Cyanea plants, the last comprehensive survey (Lammers 1990). grimesiana ssp. grimesiana are habitat being completed in the 1980s, so it is Historically Cyanea grimesiana ssp. degradation and/or destruction caused possible that the variety still exists and grimesiana was known from at least 40 by wild and feral ungulates (axis deer will be found with further survey efforts populations located in the Waianae and (Axis axis), goats, and pigs) and (Corn 1980; HHP 1991a1, 1991a2). Koolau mountains on Oahu, Wailau competition with various alien plants. The major threats to Cenchrus Valley and Puu Kahea on Molokai, Potential overcollection, trampling by agrimonioides var. agrimonioides are central and northern Lanai, and hikers and/or military activities, and fire habitat degradation and/or destruction scattered locations on Maui (HHP threaten the Palikea population on by feral pigs (Sus scrofa) (Oahu only), 1994e1 to 1994e39; Heidi Bornhorst, Oahu. The Oahu populations are also competition with alien plant taxa, and TNCH, and Steven Perlman, National threatened by landslides (HHP 1994e1, a risk of extinction from naturally Tropical Botanical Garden, in litt. 1992). 1994e7, 1994e34, 1994e37; H. Bornhorst occurring events and/or reduced Currently C. g. ssp. grimesiana is known and S. Perlman, in litt. 1992; Loyal reproductive vigor due to the small from 14 populations on those 4 islands Mehrhoff, U.S. Fish and Wildlife number of existing individuals. The (HHP 1994e1, 1994e4, 1994e6 to Service, pers. comm. 1995). Rats (Rattus Pahole Gulch population on Oahu is 1994e8, 1994e14, 1994e15, 1994e26, spp.) are also a potential threat, since potentially threatened by trampling and 1994e27, 1994e34, 1994e36 to 1994e38; they are known to eat the fruits and fire from military activities and the H. Bornhorst and S. Perlman, in litt. girdle the stems of species in the Maui population is potentially 1992). On Oahu, the following bellflower family (Joel Lau, TNCH, pers. threatened by goats and cattle (HHP populations are known from the comm. 1994). 1994d1, 1994d8, 1994d11, 1994d12, Waianae Mountains—one population First collected by Chamisso between 1994d14; R. Hobdy and C. Russell, pers. from Mt. Kaala NAR and three 1816 and 1817 in the ‘‘Sandwich comms. 1994). Listing of Cenchrus populations from Pahole NAR on State Islands,’’ Cyperus trachysanthos was agrimonioides protects both varieties. land, one population each from North described by William J. Hooker and Cyanea grimesiana ssp. grimesiana Haleauau Gulch on the federally owned G.A.W. Arnott in 1832 (Hillebrand 1888, was collected by Charles Gaudichaud- Schofield Barracks Military Reservation Mill et al. 1988). This species has been Beaupre´ in 1819 on Oahu while he was and North Kaluaa Gulch on private maintained in the most recent treatment pharmaceutical botanist on the vessel land. Two populations are known from of Hawaiian members of the genus Uranie (HHP 1989a, Rock 1919, Wagner Oahu’s Koolau Mountains on State and (Koyama 1990). The specific epithet et al. 1990). Gaudichaud later described private land (HHP 1994e1, 1994e4, refers to the rough or papery flowers. this taxon and named it for the French 1994e8, 1994e14, 1994e15, 1994e34, Cyperus trachysanthos, a member of Navy’s head pharmacist (Thomas G. 1994e38; H. Bornhorst and S. Perlman, the sedge family (Cyperaceae), is a Lammers, Field Museum, pers. comm. in litt. 1992). On Molokai, one perennial grass-like plant with a short 1994). Other published names population is known from Kukuinui rhizome (underground stem). The culms considered synonymous with Cyanea Ridge on State land and the other is (aerial stems) are densely tufted, grimesiana ssp. grimesiana include C. within the State’s Olokui NAR (HHP obtusely triangular, 20 to 45 cm (8 to 18 grimesiana var. lydgatei, C. grimesiana 1994e7, 1994e36). On Lanai, two in.) tall, sticky, and leafy at the base. 53112 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

The linear leaf blades are green, covered dioecious (female and male flowers on the U.S. Exploring Expedition in 1840 with a waxy coating, and somewhat separate plants) tree 3 to 14 m (10 to 46 (St. John 1952). Other published names leathery. The leaf sheath is yellowish ft) tall. The alternate leaves are papery considered synonymous with I. brown and partitioned with nodes. The in texture, elliptic, and usually 10 to 15 laurifolium are I. forbesii, I. lydgatei, I. flower clusters are 5 to 9 cm (2 to 3.5 cm (4 to 6 in.) long and 4 to 6 cm (2 subsessilifolium, and I. waianaeense in.) long and 6 to 12 cm (2 to 5 in.) wide. in.) wide. Male trees bear many small (Wagner et al. 1990). The specific Each flower head contains 10 to 30 pale male flowers within a cyathium (a epithet refers to the resemblance in the yellowish brown spikelets, each of compact inflorescence with small leaves to those of the laurel tree (Laurus which contains 8 to 20 flowers. The individual flowers). The female trees sp.). glumes (small pair of bracts at the base have cyathia with a single female flower Isodendrion laurifolium, a member of of each spikelet) are broadly egg-shaped. surrounded by numerous abortive male the violet family (Violaceae), is a The fruit is a dark brown, egg-shaped flowers. The capsules (dry fruit that slender, straight shrub, generally 1 to 2 achene. This species is distinguished open at maturity) are round. This m (3 to 6 ft) tall, with few branches. The from others in the genus by the short species is distinguished from others in leaves, 4 to 16 cm (2 to 6 in.) long and rhizome, the leaf sheath with partitions the genus in that it is a tree, whereas 1.5 to 5 cm (0.6 to 2 in.) wide, are at the nodes, the shape of the glumes, most of the other species are herbs or somewhat leathery, oblong-elliptic, and the length of the culms (Koyama shrubs, as well as by the large leaves narrowly elliptic lance-shaped, or rarely 1990). with prominent veins (Wagner et al. elliptic. The fragrant flowers are perfect Historically Cyperus trachysanthos 1990). and borne singly along the stems. The was known from Niihau, Kauai, Euphorbia haeleeleana is known five petals, which are clawed and scattered locations on Oahu, Mauna Loa historically and currently from 15 somewhat unequal, are purple with on Molokai, and Kaena on Lanai (HHP populations and between 450 and 625 greenish white edges externally, and 1994f1 to 1994f15, HPCC 1993a). individuals from northwestern Kauai dusty purple on the inner face of the Currently this species is known from 3 and the Waianae Mountains of Oahu lobe. The fruit is a green, lance-shaped populations on Niihau, Kauai, and Oahu (HHP 1994g1 to 1994g14, HPCC 1993b). capsule. This species is distinguished with an estimated total of less than 350 On Kauai, 11 populations are known from others in this endemic Hawaiian individuals (HHP 1994f1, 1994f5; HPCC from valley slopes and cliffs along genus by the shape of its leaves (Wagner 1993a). On privately owned Niihau, an Kauai’s northwestern coast from et al. 1990). unknown number of individuals is Pohakuao to Haeleele Valley and Historically Isodendrion laurifolium known from an area west of Mokouia Hipalau Valley within Waimea Canyon. was known from scattered locations on Valley (HHP 1994f5). On Kauai, more All of the Kauai populations occur on Kauai and both the Waianae and Koolau than 300 individuals are known from State land, including Kuia NAR and the mountains of Oahu (HHP 1994h1 to State land in Nualolo Valley, while on Na Pali Coast State Park (HHP 1994g1 to 1994h21). A total of 14 populations on Oahu an unspecified number of 1994g4, 1994g7 to 1994g9, 1994g11, 2 islands comprising approximately 190 individuals is known from State land at 1994g12, 1994g14; HPCC 1993b). On to 210 individuals is currently known Kaena Point (HHP 1994f1, HPCC 1993a). Oahu, four populations are known from statewide. On Kauai, approximately 130 C. trachysanthos is usually found in wet the northern Waianae Mountains. Three to 140 individuals are known from 8 sites (mud flats, wet clay soil, or wet of these populations occur on State land populations in the following locations— cliff seeps) on coastal cliffs or talus leased by the DOD for the Makua Paaiki, Kawaiula, Haeleele, Makaha, slopes between 3 and 160 m (10 and 525 Military Reservation, and the fourth Poopooiki, and Kuia valleys, and the ft) elevation (HHP 1994f1, 1994f5; HPCC population occurs on privately owned Koaie branch of Waimea Canyon. All 1993a; Koyama 1990). On Kauai, land (HHP 1994g5, 1994g6, 1994g10, Kauai populations occur on State- associates include Hibiscus tiliaceus 1994g13). Euphorbia haeleeleana is owned land, with several in Kuia NAR (hau), Plantago lanceolata (narrow- usually found in lowland mixed mesic (HHP 1994h6, 1994h9 to 1994h13, leaved plantain), and Pteris vittata or dry forest that is often dominated by 1994h15, 1994h21). On Oahu, (HPCC 1993a). ’ohi’a, ’ohi’a and koa, lama, or Aleurites approximately 60 to 70 individuals of Cyperus trachysanthos is threatened moluccana (kukui). Typically found this species are known from 6 by a risk of extinction from naturally between 205 and 670 m (680 and 2,200 populations—Makaha in the Waianae occurring events due to the small ft) elevation, a few populations have Mountains, on City and County of number of populations, goats on Kauaii been found at elevations up to 870 m Honolulu land; East Makaleha Valley, (Kenneth Wood, National Tropical (2,860 ft). Associated plant taxa include Waianae Kai, Kaawa Gulch, and Botanical Garden, pers. comm. 1996) ’a’ali’i, Erythrina sandwicensis Kaumokunui Gulch in the Waianae and competition with alien plant (wiliwili), Pleomele sp. (hala pepe), Mountains, on State land, including Mt. species on Oahu and Kauaii (HHP Reynoldsia sandwicensis (’ohe), and Kaala NAR; and south Kaukonahua 1994f1; J. Lau and C. Russell, pers. Sapindus oahuensis (aulu) (HHP 1994g1 Gulch within the federally owned comms. 1994). to 1994g14, HPCC 1993b). Schofield Barracks Military Reservation In 1970, Steven Montgomery and the Habitat degradation and/or in the Koolau Mountains (HHP 1994h1, late Wayne Gagne´ collected a specimen destruction by wild and feral ungulates 1994h2, 1994h16, 1994h17, 1994h18, of an unidentified tree in Mahanaloa including black-tailed deer (Odocoileus 1994h20). Isodendrion laurifolium is Valley on Kauai. The following year, hemionus), goats, and pigs; predation by usually found between 490 and 820 m Derral Herbst (1971) described it as rats; fire; potential military activities; (1,620 and 2,700 ft) elevation in diverse Euphorbia haeleeleana, naming it for and competition with alien plant taxa mesic forest, or rarely wet forest, another valley where the plant grows. seriously threaten Euphorbia dominated by o’hia’ or koa-o’hia’, or This species has been maintained in the haeleeleana (HHP 1994g1, 1994g3 to o’hia’-lama with hame, maua, Hedyotis most recent treatment of Hawaiian 1994g7, 1994g10, 1994g12 to 1994g14; terminalis (manono), Pisonia sp. (papala members of the genus (Wagner et al. HPCC 1993b). kepau), and Pouteria sp. (’a’ali’i) (HHP 1990). Isodendrion laurifolium was first 1994h1, 1994h2, 1994h6, 1994h9 to Euphorbia haeleeleana, a member of described by Gray in 1852 based on a 1994h13, 1994h15 to 1994h18, the spurge family (Euphorbiaceae), is a collection made on Oahu by members of 1994h20). Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53113

The primary threats to Isodendrion Pittosporum sp. (ho’awa) (HHP 1994i2 species to Phyllostegia and this is the laurifolium are habitat degradation by to 1994i8, 1994i10 to 1994i18; HPCC name accepted in the current treatment ungulates (black-tailed deer, goats, and 1990a; Lorence and Flynn 1991, 1993). of Hawaiian members of the genus pigs), competition with alien plant taxa, The major threats to Isodendrion (Wagner et al. 1990). Currently two and a potential threat from military longifolium are habitat degradation and/ varieties are recognized—var. parviflora activities (HHP 1994h2, 1994h6, or destruction by feral goats and pigs and var. glabriuscula, described by Gray 1994h9, 1994h11, 1994h15 to 1994h18, and competition with various alien in 1862 (Wagner et al. 1990). There is 1994h20, 1994h21). plant taxa. On Oahu, the Palikea Gulch also a newly discovered variety that has Isodendrion longifolium was first population is potentially threatened by not yet been formally named (Wagner et collected in 1840 in the ‘‘Kaala’’ overcollection and fire (HHP 1994i2, al. 1990). These recent collections of P. [Waianae] Mountains of Oahu by 1994i13, 1994i15 to 1994i17; HPCC parviflora from the Waianae Mountains members of the U.S. Exploring 1990a; Lorence and Flynn 1993). differ from the other varieties by several Expedition. Gray later named this In 1912, J.F. Stokes collected a grass characters and represent a new variety species for its long leaves (St. John on Niihau that St. John later named previously considered to be P. mollis 1952). Isodendrion christensenii and I. Panicum niihauense (St. John 1931). var. lydgatei (Wagner et al. 1990; maculatum (St. John 1952, 1978b) are This species has been maintained in the Warren Wagner, Smithsonian considered synonymous with I. most recent treatment of Hawaiian Institution, in litt., 1994; W. Wagner, longifolium (Wagner et al. 1990). members of the genus (Davidse 1990). pers. comm. 1994). Published names Isodendrion longifolium, a member of Panicum niihauense, a member of the that Wagner et al. (1990) consider to be the violet family, is a slender, straight grass family, is a perennial bunchgrass synonymous with P. parviflora var. shrub generally 0.6 to 2 m (2 to 7 ft) tall. with unbranched culms 50 to 125 cm parviflora include P. leptostachys, P. The hairless, somewhat leathery leaves (20 to 49 in.) long. The leaf blades are parviflora var. canescens, P. parviflora are lance-shaped, 10 to 30 cm (4 to 12 flat, 15 to 35 cm (6 to 14 in.) long and var. gaudichaudii, and P. parviflora var. in.) long, and 3.4 to 6.5 cm (1 to 3 in.) 0.7 to 1.9 cm (0.3 to 0.7 in.) wide. The major (Wagner et al. 1990). wide. The fragrant flowers are perfect panicles (loosely branched Phyllostegia parviflora, a member of and are borne singly along the branches. inflorescences) are 13 to 35 cm (5 to 14 the mint family (Lamiaceae), is a The five petals are purple, clawed, and in.) long. The panicle branches lie close perennial herb. The egg-shaped to somewhat unequal. The purple capsular to the main stem of the inflorescence broadly egg-shaped, wrinkled leaves are fruit is 10 mm (0.4 in.) long. This (not spreading outward), and the usually 19 to 33 cm (7.5 to 13 in.) long species is distinguished from others in spikelets are borne densely along the and 7.5 to 15.3 cm (3 to 6 in.) wide. The this endemic Hawaiian genus by the inflorescence branches. The spikelets, leaf stalks are typically 6 to 13.5 cm (2.4 shape of its leaves (Wagner et al. 1990). which contain two flowers, are 2.6 to to 5.3 in.) long. Usually six flowers are Historically Isodendrion longifolium 3.2 mm (0.1 in.) long. This species is arranged along a flowering stalk. The was known from scattered locations on distinguished from others in the genus corolla is white, sometimes tinged with Kauai and the Waianae Mountains on by the shape of the inflorescence purple, and about 9 to 13 mm (0.4 to 0.5 Oahu (HHP 1994i1 to 1994i18; HPCC branches, which are erect and in.) long. The upper corolla lip is about 1990a; Lorence and Flynn 1991, 1993). appressed, and the arrangement of the 3 mm (0.1 in.) long while the lower lip Currently I. longifolium is known from spikelets, which are densely clustered is about 6 to 9 mm (0.2 to 0.4 in.) long. 18 populations on Kauai and Oahu. On (Davidse 1990). The fruits are nutlets. The species is Kauai, 15 populations totalling 500 to Panicum niihauense was known distinguished from others of the genus 800 individuals are scattered over ridges historically from Niihau and one by the leaf shape and length of the leaf and valley slopes of northwestern location on Kauai (HHP 1994j1 to stalk and lower corolla lip. P. p. var. Kauai. Eight populations occur on 1994j3). Currently this species is only glabriuscula has fewer glandular hairs private land and seven are found on known from State-owned land at in the inflorescence, less pubescent State land, which includes Hono O Na Polihale State Park on Kauai. This single leaves, and usually unbranched Pali NAR and the Na Pali Coast State population of 23 individuals is found inflorescences, as compared to P. p. var. Park (HHP 1994i3 to 1994i5, 1994i7 to scattered in sand dunes in a coastal parviflora. The newly discovered 1994i13, 1994i15 to 1994i17; HPCC shrubland at between 9 and 15 m (30 variety of P. parviflora has shorter leaf 1990a; Lorence and Flynn 1991, 1993). and 50 ft) elevation. Associated plant stalks, spreading hairs on the leaf stalks, Three populations totalling 30 to 40 taxa include ’a’ali’i, Cassytha filiformis and fewer gland-tipped hairs in the individuals are known from Oahu. Two (kauna`oa pehu), Prosopis pallida inflorescence (Wagner et al. 1990). populations are found within Mt. Kaala (kiawe), Scaevola sericea (naupaka), Historically Phyllostegia parviflora NAR on State-owned land in the Sida fallax (’ilima), and Vitex sp. was known from three islands—Oahu, Waianae Mountains, and the third (kolokolo kahakai) (HHP 1993, 1994j3). Hawaii, and Maui (HHP 1994x1 to population is found in Makaua Gulch The primary threats to the single 1994x3, 1994y1 to 1994y9, 1994z1, on private land in the Koolau known population of Panicum 1994z2; Sherff 1935; Wagner et al. Mountains (HHP 1994i2, 1994i14, niihauense are off-road vehicles, 1990). This species is now known only 1994i18). The total current populations competition with alien plant taxa, and from two populations on Oahu. throughout the State consist of fewer a risk of extinction from naturally Phyllostegia parviflora var. glabriuscula than 1,000 individuals, with most of the occurring events and/or reduced was only known from the island of populations and individuals occurring reproductive vigor due to the small Hawaii on private land and has not been on Kauai. Isodendrion longifolium is number of individuals in one remaining observed since the 1800s (HHP 1994x1 found on steep slopes, gulches, and population (HHP 1993; HPCC 1992b; J. to 1994x3). Phyllostegia parviflora var. stream banks in mixed mesic or wet Lau and C. Russell, pers. comms. 1994). parviflora was known from Oahu and o`hı`a forest, usually between 410 and Phyllostegia parviflora was first Maui, but is now known from only four 760 m (1,345 and 2,500 ft) elevation. described by Gaudichaud-Beaupre´ as plants in North Kaukonahua Stream in Associated plant taxa include ’ahakea, Prasium parviflorum based on a the Koolau Mountains on Oahu, on hame, Cyanea sp. (haha), Hedyotis sp., specimen collected on Oahu (Hillebrand State land leased by the DOD for the Perrottetia sandwicensis (olomea), and 1888). Later, Bentham transferred the Kawailoa Training Area (HHP 1994y9). 53114 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

The new variety of P. parviflora is Currently P. holochila is known from purple or cream-colored with a purple known from only 19 plants in North five locations on Kauai, Molokai, and tinge and occur in branched terminal Palawai Gulch within TNCH’s Maui. Before the devastation of clusters, each of which contains six to Honouliuli Preserve (HHP 1994z1). Hurricane ’Iniki, on Kauai in September ten flowers. Each flower cluster contains Phyllostegia parviflora is typically 1992, two populations were known from one to three perfect flowers and five to found on moderate to steep slopes in the Alakai Swamp within the Alakai seven staminate flowers. The nearly diverse wet forest from 500 to 830 m Wilderness Preserve on State land (HHP spherical fruits are covered with (1,640 to 2,700 ft) elevation. Native taxa 1994k4, 1994k8). One population, last prickles. This species is distinguished associated with Phyllostegia parviflora seen in 1977, was not seen when the from others in the genus by the number include ’ohi’a, Broussaisia arguta location was revisited in 1989. The of flowers per cluster and by the color (kanawao), Mysine sp. (kolea), Pipturus other population comprised 100 of the petals (Constance and Affolter albidus (mamaki), and Cyrtandra sp. plantlets representing 3 clones before 1990). (ha`iwale) (HHP 1994y9, 1994z1; Wagner Hurricane ’Iniki, but was reduced to Historically Sanicula purpurea was et al. 1990). only 10 immature plantlets representing known from six scattered locations The major threats to Phyllostegia 1 clone over a year after the hurricane along the Koolau Mountains of Oahu parviflora are habitat degradation and/ (Perlman 1995). On Molokai, a single and from four locations on West Maui or destruction by feral pigs, competition population of fewer than ten plants (HHP 1994L1 to 1994L10). This species with several alien plant taxa, and a risk occurs on private land in TNCH’s is currently known from one population of extinction from naturally occurring Kamakou Preserve (HHP 1994k3). On in Oahu’s Koolau Mountains on the events and/or reduced reproductive Maui, three populations are known— boundary of State land and the federally vigor due to the small number of Hanaula, on State and private land, and owned Schofield Barracks Military remaining individuals and populations TNCH’s Waikamoi and Kapunakea Reservation; another population, last (HHP 1994y9, 1994z1; C. Russell, pers. Preserves (HHP 1994k9, 1994k12, seen on the summit between Aiea and comm. 1994). 1994k17). The 5 current populations Waimano in 1985, was not seen during Hillebrand (1888) described and comprise fewer than 35 individuals—1 a 1987 survey and may no longer be named Habenaria holochila based on individual on Kauai; fewer than 10 on extant. On West Maui, three populations his collections and on material sent to Molokai; and between 15 and 20 on are currently known on State land, him by J.M. Lydgate and V. Knudsen. Maui (HHP 1994k3, 1994k4, 1994k8, including West Maui NAR, and one Subsequently, F.W. Kraenzlin 1994k9, 1994k12, 1994k17). Platanthera population is known from private land transferred the species to the genus holochila is found in ’ohi’a- (HHP 1994L1 to 1994L10). The number Platanthera, resulting in the new Dicranopteris linearis (uluhe) montane of plants of this species totals an combination Platanthera holochila; this wet forest or ’ohi’a mixed montane bog estimated 130 to 210 individuals. This name is accepted in the current between 1,050 and 1,870 m (3,450 and species typically grows in open ’ohi’a treatment of Hawaiian members of the 6,120 ft) elevation. Associated plant taxa mixed montane bogs between 700 and family (Kores 1979, Wagner et al. 1990). include Cibotium sp. (hapu’u), 1,625 m (2,300 and 5,330 ft) elevation. C.A. Luer (1975) published the Coprosma ernodeoides (kukaenene), Associated plant taxa include pukiawe, combination P. hyperborea var. Oreobolus sp., Styphelia sp. (pukiawe), Argyroxiphium grayanum (greensword), viridiflora, now considered synonymous and Vaccinium spp. (’ohelo) (HHP Lagenifera sp., Machaerina sp. (’uki), with P. holochila (Wagner et al. 1990). 1994k3, 1994k4, 1994k8, 1994k9, and Oreobolus furcatus (HHP 1994L1, The specific epithet refers to the 1994k12, 1994k17). 1994L6 to 1994L9). undivided lip of the flower. The primary threats to Platanthera Habitat degradation by feral pigs and Platanthera holochila, a member of holochila are habitat degradation and/or a risk of extinction from naturally the orchid family (Orchidaceae), is an destruction by ungulates such as cattle occurring events and/or reduced erect, deciduous herb. The stems arise and feral pigs, competition with alien reproductive vigor due to the small from underground tubers and are 15 to plant taxa, overcollection, and a risk of number of existing populations are the 60 cm (6 to 24 in.) long. The pale-green extinction from naturally occurring major threats to Sanicula purpurea. On leaves, generally 4 to 12 cm (2 to 5 in.) events due to the small number of Oahu, the Kaukonahua-Kahana Divide long and 1 to 3 cm (0.4 to 1 in.) wide, remaining populations and individuals population is additionally threatened by are lance to egg-shaped. The greenish- (HHP 1994k4, 1994k9, 1994k12, competition with an alien grass, yellow flowers occur in open spikes. 1994k17; C. Russell, pers. comm. 1994). Axonopus fissifolius (narrow-leaved The back sepal is inversely egg-shaped While hiking the Schofield-Waikane carpetgrass), and potentially by military and hooded and the lateral sepals are Trail on Oahu, St. John collected a plant activities (HHP 1994L1, 1994L9). erect and elliptic. The lateral petals, 2 that he and Edward Hosaka described in Schiedea hookeri was first described to 2.5 cm (1 in.) long, are irregularly egg- 1935 as Sanicula purpurea. Other by Gray in 1854 based on a specimen shaped and enclosed by the sepals. The published names considered collected on Oahu by Archibald lowest petal is strap-like, about 3 mm synonymous with this species include Menzies of the U.S. Exploring (0.1 in.) long, with a 3 to 5 mm (0.1 to S. lobata and S. sandwicensis Expedition (Wagner et al. 1990). Later, 0.2 in.) long spur at the base. The fruit (Constance and Affolter 1990). The Earl Sherff described S. hookeri var. is an ellipsoid capsule with six ribs. specific epithet refers to the purple acrisepala and S. hookeri var. This is the only species of this genus petals. intercedens, which are now considered that occurs in the Hawaiian Islands Sanicula purpurea, a member of the synonyms of S. hookeri (Sherff 1944, (Wagner et al. 1990). parsley family (Apiaceae), is a stout 1945; Wagner et al. 1990). Historically Platanthera holochila perennial herb, 8 to 36 cm (3 to 14 in.) Schiedea hookeri, a member of the was known from the Alakai Swamp and tall, arising from a massive stem. The pink family (Caryophyllaceae), is a Kaholuamano area and the Wahiawa basal leaves are numerous and leathery sprawling or clumped perennial herb. Mountains on Kauai, the Koolau in texture. Two to 8 cm (0.8 to 3 in.) The stems, 0.3 to 0.5 m (1 to 1.6 ft) long, Mountains on Oahu, scattered locations wide, the leaves are kidney-shaped or curve slightly upward or lie close to the on Molokai, and various locations on circular to egg-heart-shaped, with three ground and often produce matted Maui (HHP 1994k1 to 1994k17). to seven lobes. The small flowers are clumps. The thin, opposite leaves, 3 to Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53115

8 cm (1.2 to 3.2 in.) long and 0.4 to 1.5 endemic Hawaiian genus, Stephen synonymous with S. nuttallii include S. cm (0.2 to 0.6 in.) wide, are narrowly Weller, Ann Sakai, and Warren Wagner, nuttallii var. lihuensis and S. oahuensis lance-shaped to narrowly elliptic. The now accept S. kauaiensis as a distinct (Wagner et al. 1990; S. Weller, in litt. apetalous, perfect flowers are borne in species (Stephen Weller, University of 1994). open branched inflorescences, which California, Irvine, in litt. 1994). Weller, Schiedea nuttallii, a member of the are hairy, somewhat sticky, and 5 to 22 Sakai, and Wagner consider S. pink family, is a generally hairless, erect cm (2 to 9 in.) long. The lance-shaped wichmanii St. John to be synonymous subshrub, with stems normally 0.3 to sepals are green to purple and 3 to 4.5 with S. kauaiensis (S. Weller, in litt. 1.5 m (1 to 5 ft) long, and internodes mm (1.2 to 1.8 in.) long. The fruit is a 1994). usually 0.8 to 4 cm (0.3 to 1.6 in.) long. capsule about 3 mm (0.1 in.) long. This Schiedea kauaiensis, a member of the The green, sometimes purple-tinged species is distinguished from others in pink family, is a generally hairless, erect leaves are opposite, narrowly egg- this endemic Hawaiian genus by its subshrub, with stems normally 0.3 to shaped or lance-shaped to narrowly or open, hairy, and sometimes sticky 1.5 m (1 to 5 ft) long. The green, broadly elliptic, 5 to 10 cm (2 to 4 in.) inflorescence, and by the size of the sometimes purple-tinged leaves are long, and 1.5 to 2 cm (0.6 to 0.8 in.) capsules (Wagner et al. 1990). opposite, narrowly egg-shaped or lance- wide. The apetalous, perfect flowers are Historically Schiedea hookeri was shaped to narrowly or broadly elliptic, borne in open branched inflorescences, known from the Waianae Mountains of up to 13 cm (5 in.) long, and 3.5 cm (1.4 normally 20 to 25 cm (8 to 10 in.) long. Oahu and Haleakala on Maui (HHP in.) wide. The apetalous, perfect flowers The lance-shaped sepals, 2 to 3.8 mm 1994m1 to 1994m17). Currently this are borne in open branched (0.08 to 1.5 in.) long, are green or species is known from 11 populations in inflorescences, moderately covered with sometimes purple-tinged. The fruit is a Oahu’s Waianae Mountains. Between fine, short, curly, white hairs. The capsule. The round to kidney-shaped 220 and 330 individuals are scattered on lance-shaped sepals, 2 to 3.8 mm (0.08 seeds are about 1 mm (0.04 in.) long. slopes and ridges from Kaluakauila to 1.5 in.) long, are green or sometimes This species is distinguished from Gulch to Lualualei Valley—1 population purple-tinged. The fruit is a capsule. others in this endemic Hawaiian genus on private land in TNCH’s Honouliuli The round to kidney-shaped seeds are by its habit, length of the stem Preserve; 3 populations on City and about 2 mm (0.08 in.) long. This species internodes, length of the inflorescence, County of Honolulu land; 3 populations is distinguished from others in this number of flowers per inflorescence, on State land, 1 of which is on land endemic Hawaiian genus by its habit, smaller leaves, smaller flowers, and leased by the DOD for Makua Military larger leaves, the hairiness of the smaller seeds (Wagner et al. 1990; S. Reservation; and 4 populations on inflorescence, the number of flowers in Weller, in litt. 1994). Federal land (3 on Lualualei Naval each inflorescence, larger flowers, and Historically Schiedea nuttallii was Magazine and 1 on Schofield Barracks larger seeds (Wagner et al. 1990; S. known from scattered locations on Military Reservation) (HHP 1994m1, Weller, in litt. 1994). southeastern Kauai, Oahu, Molokai, and 1994m5, 1994m8, 1994m9, 1994m11 to Historically Schiedea kauaiensis was Maui (HHP 1994n1 to 1994n17; HPCC 1994m17). Schiedea hookeri is usually known from the northwestern side of 1992c1; S. Weller, in litt. 1994). One found in diverse mesic or dry lowland Kauai, from Papa‘a to Mahanaloa. It was population of S. nuttallii is found on forest, often with ’ohi’a or lama thought to be extinct until the 2 Kauai east of Haupu Peak on private dominant, between 365 and 790 m currently known populations were land (HHP 1994n10, HPCC 1992c1). (1,200 and 2,600 ft) elevation. One found, which total about 15 plants. Both Five populations are found on Oahu— population is reported at an elevation of populations occur on State land—the Kahanahaiki Valley, on State land 850 to 900 m (2,800 to 2,950 ft). Mahanaloa Valley population within leased by the DOD for Makua Military Associated plant taxa include ’a’ali’i, Kuia NAR and the Kalalau Valley Reservation; two populations within the Artemisia australis (’ahinahina), Bidens population within Na Pali Coast State State owned Pahole NAR; and Ekahanui sp. (ko’oko’olau), Carex meyenii, and Park. Schiedea kauaiensis typically Gulch, on private land in TNCH’s Eragrostis grandis (kawelu) (HHP grows in diverse mesic forest on steep Honouliuli Preserve (HHP 1994n2 to 1994m5, 1994m6, 1994m9, 1994m11 to slopes. Associated plant taxa include 1994n4, 1994n14, 1994n17). The 1994m17). Psychotria hexandra (kopiko), statewide total of 6 populations harbors The primary threats to Schiedea Exocarpus luteolus (heau), lama, the fewer than 75 individuals of this hookeri are habitat degradation and/or federally threatened Peucedanum species, with between 10 and 50 destruction by feral goats and pigs and sandwicense (makou), and Euphorbia individuals on Kauai and about 25 on competition with alien plant taxa. The haeleeleana (’akoko) (HHP 1994n18; Oahu (HHP 1994n2 to 1994n4, 1994n10, Kaluakauila Gulch population is also HPCC 1992c2; S. Weller, in litt. 1994). 1994n14, 1994n17; HPCC 1992c1; S. potentially threatened by fire and Threats to Schiedea kauaiensis Weller, in litt. 1994). Schiedea nuttallii military activities (HHP 1994m5, include habitat degradation and/or typically grows in diverse lowland 1994m8, 1994m11 to 1994m13, destruction by feral pigs, goats, and mesic forest, often with ’ohi’a dominant, 1994m15 to 1994m17). deer; competition from several alien between 415 and 730 m (1,360 and Schiedea kauaiensis was first plant taxa; landslides; and a risk of 2,400 ft) elevation. The population on collected by Otto Degener and Amy extinction from naturally occurring Kauai is found at 790 m (2,590 ft) Greenwell in 1952. Degener and Sherff events and/or reduced reproductive elevation. Associated plant taxa include considered this collection from Kauai to vigor due to the low number of hame, kopiko, olomea, papala kepau, be a new variety of S. nuttallii, individuals in only two known and Hedyotis acuminata (au) (HHP previously known only from Oahu, and populations (HHP 1994n18, HPCC 1994n2 to 1994n4, 1994n10, 1994n14, named it S. nuttallii var. pauciflora 1992c2). 1994n17, 1994n18; HPCC 1992c1). (Sherff 1952). In 1988, St. John elevated In 1834, Thomas Nuttall collected a Habitat degradation and/or this variety to species level, naming it specimen of Schiedea nuttallii in the destruction by feral ungulates such as S. kauaiensis. Wagner et al. (1990) Koolau Mountains of Oahu. Ten years pigs and goats, competition with several recombined this species with S. later, William Hooker described this alien plant taxa, landslides, potential nuttallii, without recognizing any species (Mill et al. 1988, Nagata 1980). fire, potential military activities, and a varieties. The authorities on this Other published names considered risk of extinction from naturally 53116 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations occurring events and/or reduced distribution and imminently threatened and requested to comment. Newspaper reproductive vigor, due to the small and therefore warrant listing. notices inviting public comment were number of populations and individuals, On October 2, 1995, the Service published in the Hawaii Tribune-Herald seriously threaten Schiedea nuttallii published in the Federal Register (60 and the Kauai Times on October 18, (HHP 1994n2, 1994n17; HPCC 1992c1; FR 51417) a proposal to list 13 plant 1995, the Garden Island on October 19, C. Russell, pers. comm. 1994). taxa from the Hawaiian Islands as 1995, and the Honolulu Advertiser and endangered and one taxon, Isodendrion Previous Federal Action the Maui News on October 20, 1995. longifolium, as threatened. This Four letters of comment were received Federal action on these plants began proposal was based primarily on supporting the listing of these taxa from as a result of section 12 of the information supplied by the Hawaii the Hawaiian Islands. One letter Endangered Species Act of 1973, which Heritage Program, the National Tropical requested further information on the directed the Secretary of the Botanical Garden, and observations by locations of these species and one letter Smithsonian Institution to prepare a botanists and naturalists. Based on provided additional information which report on those plants considered to be comments received in response to the has been incorporated into this final endangered, threatened, or extinct in the proposal (See Comments and rule. No requests for public hearings United States. This report, designated as Recommendations below) the Service were received. House Document No. 94–51, was now determines 13 taxa from the Pursuant to the Service’s policy on presented to Congress on January 9, Hawaiian Islands to be endangered and peer review (59 FR 34270), the expert 1975. Seven of the 14 taxa were 1 taxon to be threatened. considered to be endangered in that The processing of this final rule opinions of three appropriate and document and 2 were considered to be follows the Service’s listing priority independent specialists were also threatened. On July 1, 1975, the Service guidance published in the Federal solicited regarding pertinent scientific published a notice in the Federal Register on May 16, 1996 (61 FR 24722). or commercial data and assumptions Register (40 FR 27823) of its acceptance The guidance clarifies the order in relating to the taxonomy, population of the Smithsonian report as a petition which the Service will process models, and supportive biological and within the context of section 4(c)(2) rulemakings following two related ecological information for these 14 taxa. (now section 4(b)(3)) of the Act, and events: (1) the lifting, on April 26, 1996, No responses from peer reviewers were giving notice of its intent to review the of the moratorium on final listings received. status of the plant taxa named therein. imposed on April 10, 1995 (Public Law Summary of Factors Affecting the The Service published an updated 104–6), and (2) the restoration of Species notice of review for plants on December funding for listing through passage of 15, 1980 (45 FR 82479), September 27, the omnibus budget reconciliation law After a thorough review and 1985 (50 FR 39525), February 21, 1990 on April 26, 1996, following severe consideration of all information (55 FR 6183), and September 30, 1993 funding constraints imposed by a available, the Service has determined (58 FR 51144). Cyanea grimesiana ssp. number of continuing resolutions that Achyranthes mutica, Cenchrus grimesiana (as C. grimesiana var. between November 1995 and April agrimonioides, Cyanea grimesiana ssp. mauiensis and var. munroi), Euphorbia 1996. The guidance calls for prompt grimesiana, Cyperus trachysanthos, haeleeleana, Isodendrion laurifolium, I. processing of final rules containing Euphorbia haeleeleana, Isodendrion longifolium, and Platanthera holochila species facing threats of high laurifolium, Panicum niihauense, were considered Category 1 species in magnitude. The 14 species in this rule Phyllostegia parviflora, Platanthera the 1980 and 1985 notices of review. face high magnitude threats. holochila, Sanicula purpurea, Schiedea Category 1 species, now referred to as hookeri, Schiedea kauaiensis, and candidate species (61 FR 7597), are Summary of Comments and Schiedea nuttallii should be classified those for which the Service has on file Recommendations as endangered species and Isodendrion substantial information on biological In the October 2, 1995, proposed rule longifolium should be classified as a vulnerability and threats to support and associated notifications, all threatened species. Procedures found at issuance of a proposd rule to list as interested parties were requested to section 4 of the Act and regulations threatened or endangered but for which submit factual reports or information implementing the listing provisions of listing proposals have not yet been that might contribute to the the Act (50 CFR part 424) were published because they are precluded development of a final listing decision. followed. A species may be determined by other listing activities. Since the The public comment period ended on to be an endangered or threatened 1993 notice, new information suggests December 1, 1995. Appropriate State species due to one or more of the five that the nine taxa not previously agencies, county governments, Federal factors described in section 4(a)(1). The considered Category 1 species are agencies, scientific organizations, and threats facing the 14 taxa in this final sufficiently restricted in numbers and other interested parties were contacted rule are summarized in Table 2.

TABLE 2.ÐSUMMARY OF THREATS

Alien mammals Sub- Species Alien strate Fire Human Limited Cattle Deer Goats Pigs Rats plants loss impact numbers

Achyranthes mutica ...... X ...... X ...... X ...... X1,3* Cenchrus agrimonioides ...... P ...... P X ...... X X P P X2,3 Cyanea grimesiana ssp. grimesiana ...... X X X P X X P P X3 Cyperus trachysanthos ...... X ...... X ...... X1 Euphorbia haeleeleana ...... X X X X X ...... P P Isodendrion laurifolium ...... X X X ...... X ...... P Isodendrion longifolium ...... X X ...... X ...... P P Panicum niihauense ...... X ...... X X1,3 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53117

TABLE 2.ÐSUMMARY OF THREATSÐContinued

Alien mammals Sub- Species Alien strate Fire Human Limited Cattle Deer Goats Pigs Rats plants loss impact numbers

Phyllostegia parviflora ...... X ...... X ...... X1,3 Platanthera holochila ...... X ...... X ...... X ...... X X1,3 Sanicula purpurea ...... X ...... X ...... P X1 Schiedea hookeri ...... X X ...... X ...... P P Schiedea kauaiensis ...... X X X ...... X X ...... X1,3 Schiedea nuttallii ...... X X ...... X X P P X2,3 Key XÐImmediate and significant threat. PÐPotential threat. *ÐNo more than 100 individuals and/or no more than 5 populations. 1ÐNo more than 5 populations. 2ÐNo more than 10 populations. 3ÐNo more than 100 individuals.

These factors and their application to apparent. Beyond the direct effect of grimesiana, two of Euphorbia Achyranthes mutica A. Gray (No trampling and grazing on native plants, haeleeleana, three of I. laurifolium, one common name (NCN)), Cenchrus feral ungulates have contributed of I. longifolium, the two remaining agrimonioides Trin. (kamanomano), significantly to the heavy erosion taking populations of Phyllostegia parviflora, Cyanea grimesiana Gaud. ssp. place on most of the main Hawaiian one population of Sanicula purpurea, grimesiana (haha), Cyperus islands (Cuddihy and Stone 1990). three of Schiedea hookeri, both trachysanthos Hook. & Arnott Pigs, originally native to Europe, populations of Schiedea kauaiensis, and (pu‘uka‘a), Euphorbia haeleeleana Africa, and Asia, were introduced to one of Schiedea nuttallii (HHP 1994d8, Herbst (NCN), Isodendrion laurifolium Hawaii by the Polynesian ancestors of 1994d11, 1994d12, 1994e1, 1994e34, A. Gray (aupaka), Isodendrion Hawaiians, and later by western 1994g10, 1994g13, 1994h16, 1994h18, longifolium A. Gray (aupaka), Panicum immigrants. The pigs escaped 1994h20, 1994i2, 1994L1, 1994m5, niihauense St. John (lau ‘ehu), domestication and invaded primarily 1994m12, 1994m13, 1994n2, 1994n18, Phyllostegia parviflora (Gaud.) Benth. wet and mesic forests of Kauai, Oahu, 1994y1, 1994z1; HPCC 1992c2). On (NCN), Platanthera holochila (Hillebr.) Molokai, Maui, and Hawaii. Pigs pose Maui, feral pigs are a threat to the Kraenzl. (NCN), Sanicula purpurea St. an immediate threat to one or more Waikamoi and Kapunakea Preserves John & Hosaka (NCN), Schiedea hookeri populations of 11 of the taxa in wet and populations of Platanthera holochila, A. Gray (NCN), Schiedea kauaiensis St. mesic habitats. While foraging, pigs root and the Eke Crater population of John (NCN), and Schiedea nuttallii and trample the forest floor, Sanicula purpurea (HHP 1994k12, Hook. (NCN) are as follows: encouraging the establishment of alien 1994k17, 1994l9). A. The present or threatened plants in the newly disturbed soil. Pigs Goats, native to the Middle East and destruction, modification, or also disseminate alien plant seeds India, were first successfully introduced curtailment of its habitat or range. through their feces and on their bodies, to the Hawaiian Islands in 1792. Feral Native vegetation on all of the main accelerating the spread of alien plants goats now occupy a wide variety of Hawaiian Islands has undergone through native forests (Cuddihy and habitats from lowland dry forests to extreme alteration because of past and Stone 1990, Stone 1985). Pigs are montane grasslands on Kauai, Oahu, present land management practices vectors of Psidium cattleianum Molokai, Maui, and Hawaii, where they including ranching, deliberate alien (strawberry guava) and Schinus consume native vegetation, trample animal and plant introductions, and terebinthifolius (Christmas berry), roots and seedlings, accelerate erosion, agricultural development (Cuddihy and which threaten several of the taxa in and promote the invasion of alien plants Stone 1990, Wagner et al. 1985). The this final rule (Cuddihy and Stone 1990, (Scott et al. 1986, Stone 1985, van Riper Northwestern Hawaiian Islands have Smith 1985, Stone 1985). Pigs have also and van Riper 1982). One or more undergone similar alteration, but to a invaded open bogs where they uproot populations of nine of the taxa are lesser degree. The primary threats facing native plants and create conditions that currently threatened by direct damage the 14 plant taxa included in this rule allow alien plant species to invade from feral goats. On Kauai, goats are are destruction and modification of (Gagne´ and Cuddihy 1990). Sanicula contributing to the decline of one habitat by feral animals and competition purpurea and the Alakai Swamp population each of Cyperus with alien plants (see Factor E). population of Platanthera holochila are trachysanthos, Isodendrion laurifolium Thirteen of the 14 taxa in this rule are currently threatened by pigs in bogs and I. longifolium and four populations threatened by feral animals. Animals (HHP 1994k4, 1994k8, 1994L9). On of Euphorbia haeleeleana. Goats such as pigs, goats, axis deer, black- Kauai, one population of Isodendrion threaten the two known populations of tailed deer, and cattle were introduced laurifolium and two populations of I. Schiedea kauaiensis and the one either by the early Hawaiians (pigs) or longifolium have sustained loss of population of S. nuttallii on Kauai (HHP more recently by European settlers (all individual plants and/or habitat as a 1989b, 1994g1, 1994g4, 1994g12, ungulate species) for food and/or result of feral pig activities (HHP 1994g14, 1994h21, 1994i5; HPCC commercial ranching activities. Over the 1994h21, 1994i13, 1994i15; Lorence and 1992c2). On Oahu, encroaching 200 years following their introduction, Flynn 1993). The following plant taxa urbanization and hunting pressure tend their numbers increased and the adverse on Oahu are threatened by pigs—three to concentrate the goat populations in impacts of feral ungulates on native populations of Cenchrus agrimonioides, the dry upper slopes of the Waianae vegetation have become increasingly two of Cyanea grimesiana ssp. Mountains, where one population of 53118 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Euphorbia haeleeleana, three negative impact of cattle on Hawaii’s niihauense, and Platanthera holochila, populations of I. laurifolium, and two ecosystems is similar to that described have well-known populations, or populations of S. hookeri exist (HHP for goats and deer (Cuddihy and Stone populations close to trails or roads, that 1994g13, 1994h16, 1994h18, 1994h20, 1990, Stone 1985). On Maui, cattle are possibly threatened by trampling or 1994m13, 1994m15). The goat ranching is the primary agricultural by overcollection (HHP 1994d1, 1994e1, population in the Waianae area is activity on the west and southwest 1994i2, 1994k9). One individual of P. apparently increasing in State game slopes of East Maui and in lowland holochila died in the late 1980s after a management areas and extending into regions of West Maui. On West Maui, portion of the plant was collected for adjacent areas, becoming an even greater the Hanaula population of Platanthera scientific purposes (Marie Bruegmann, threat to the rare plants that grow there. holochila is threatened by grazing cattle U.S. Fish and Wildlife Service, in litt. On Kukuinui Ridge, Molokai, goats (HHP 1994k9). Cattle pose a potential 1995). threaten one of that island’s two known threat to that island’s only known C. Disease and predation. Disease is populations of Cyanea grimesiana ssp. population of Cenchrus agrimonioides not known to be a significant threat to grimesiana (HHP 1994e7). On Maui, (R. Hobdy, pers. comm. 1994). The only any of the taxa. Evidence of predation goats pose a potential threat to that known population of Achyranthes on Isodendrion laurifolium by deer is island’s only known population of mutica, in the Keawewai Stream area on documented on Kauai (HHP 1994h6, Cenchrus agrimonioides (R. Hobdy, the island of Hawaii, is also threatened 1994h11). While there is no evidence of pers. comm. 1994). On Hawaii, the only by cattle ranching activities (HPCC predation on the other 13 taxa, none of known population of Achyranthes 1992a). them are known to be unpalatable to mutica is presently threatened by goats On Oahu, habitat disturbance caused cattle, deer, or goats. Predation is (HPCC 1992a). by human activities may pose a threat therefore a possible threat to taxa In 1920, a group of 12 axis deer was to rare plant populations that grow on growing at sites where those animals introduced to the island of Lanai; about lands on which military training have been reported (Achyranthes 60 years later, the population was exercises and ground maneuvers are mutica, Cyanea grimesiana ssp. estimated at 2,800 (Tomich 1986). The occasionally conducted. However, grimesiana, Cyperus trachysanthos, axis deer population is presently because most of the taxa grow on Euphorbia haeleeleana, Isodendrion actively managed for recreational moderate to steep slopes, ridges, and laurifolium, I. longifolium, Platanthera hunting by the State Department of gulches, habitat disturbance is probably holochila, Schiedea hookeri, and S. Land and Natural Resources (DLNR). restricted to foot and helicopter traffic. kauaiensis) (see Factor A). Feral pigs not Axis deer degrade habitat by trampling Trampling by ground troops associated only destroy native vegetation through and overgrazing vegetation, which with training activities, and their rooting activities and dispersal of removes ground cover and exposes the construction, maintenance, and alien plant seeds, but they also feed on soil to erosion (J. Lau, pers. comm. utilization of helicopter landing and plants, preferring the pithy interior of 1994). Extensive red erosional scars drop-off sites could affect populations of large tree ferns and fleshy-stemmed caused by decades of deer activity are seven of the taxa (Cenchrus plants from the bellflower family (Stone evident on Lanai. Activity of axis deer agrimonioides, Cyanea grimesiana ssp. 1985, Stone and Loope 1987). Although threatens one of the two populations of grimesiana, Euphorbia haeleeleana, there is no conclusive evidence of Cyanea grimesiana ssp. grimesiana on Isodendrion laurifolium, Sanicula predation on Cyanea grimesiana ssp. Lanai (HHP 1994e37). purpurea, Schiedea hookeri, and grimesiana, a member of the bellflower Black-tailed deer were first Schiedea nuttallii) that occur on land family, it is not known to be unpalatable introduced to Kauai in 1961 for the leased or owned by the Army (HHP to pigs. Predation is therefore a possible purpose of sport hunting and today 1994d11, 1994e34, 1994g5, 1994g6, threat to this taxon in areas where pigs probably number well over 500 animals. 1994g10, 1994h17, 1994L1, 1994m8, have been reported (HHP 1994e1, The deer are presently confined to the 1994m12, 1994n14; Wagner et al. 1985). 1994e34). western side of the island, where they B. Overutilization for commercial, Two rat species, the black rat (Rattus feed on a variety of native and alien recreational, scientific, or educational rattus) and the Polynesian rat (R. plants (van Riper and van Riper 1982). purposes. Increased interest in exulans), and to a lesser extent other Black-tailed deer threaten two collecting for scientific or horticultural introduced rodents, eat large, fleshy populations of Euphorbia haeleeleana, purposes or visits by individuals fruits and strip the bark of some native including almost half of the known interested in seeing rare plants could plants, including plants in the individuals on Kauai, and half of the result from publicity following the bellflower family (Cuddihy and Stone known populations of Isodendrion publication of this final rule. This 1990, Tomich 1986, Wagner et al. 1985; laurifolium on Kauai. Black-tailed deer interest potentially threatens all of the J. Lau, pers. comm. 1994). The largest also threaten other rare plants within taxa, but would seriously impact the ten population of Euphorbia haeleeleana on Kuia NAR, potentially threatening one taxa whose low numbers and/or few Oahu is seriously threatened by rat population of Schiedea kauaiensis (HHP populations make them especially predation (HHP 1994g5). It is possible 1994g1, 1994g7, 1994h6, 1994h9, vulnerable to disturbance (Achyranthes that rats eat the fruits of Cyanea 1994h11, 1994n18). mutica, Cenchrus agrimonioides, grimesiana ssp. grimesiana, which Large-scale ranching of cattle in the Cyanea grimesiana ssp. grimesiana, produces fleshy fruit and stems and Hawaiian Islands began in the middle of Cyperus trachysanthos, Panicum grows in areas where rats occur (J. Lau, the 19th century on the islands of Kauai, niihauense, Phyllostegia parviflora, pers. comm. 1994). Oahu, Maui, and Hawaii. Large ranches, Platanthera holochila, Sanicula D. The inadequacy of existing tens of thousands of acres in size, purpurea, Schiedea kauaiensis, and regulatory mechanisms. Of the 14 taxa developed on East Maui and Hawaii Schiedea nuttallii). Such disturbances in this final rule, 10 have populations (Cuddihy and Stone 1990) where most could also promote erosion and greater located on private land, 12 on State of the State’s large ranches still exist ingression of alien plant species. Some land, 3 on City and County of Honolulu today. Degradation of native forests used taxa, such as Cenchrus agrimonioides, land, and 9 on land under Federal for ranching activities became evident Cyanea grimesiana ssp. grimesiana, jurisdiction. Of those under Federal soon after full-scale ranching began. The Isodendrion longifolium, Panicum jurisdiction, four taxa have populations Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53119 that occur on land owned by the Federal noxious weeds. The State has provisions (Hamakua pamakani). A number of government and six on land leased to and funding available for eradication other alien plant taxa also pose the Federal government by the State. and control of noxious weeds on State significant threats to populations of the While 12 of the taxa occur in more than and private land in conservation plants in this final rule. 1 of those 4 ownership categories, districts and other areas (HRS, chapt. Lantana camara (lantana), native to Achyranthes mutica is known only on 152; Hawaii Department of Agriculture the West Indies, is an aggressive, private land and Panicum niihauense is (DOA) 1981, 1991). thicket-forming shrub that produces found only on State land. Despite the existence of State laws chemicals that inhibit the growth of Eight of the taxa have one or more and regulations that protect Hawaii’s other plant species. Lantana can now be populations in State NARs, where rules native plants, their enforcement is found on all of the main islands in and regulations for the protection of difficult due to limited funding and mesic forests, dry shrublands, and other resources apply (Hawaii Revised personnel. Federal listing of these 14 dry, disturbed habitats (Cuddihy and Statutes (HRS), sect. 195–5). The plant taxa would reinforce and Stone 1990, Smith 1985, Wagner et al. majority of the populations of the 14 supplement the protection available 1990). On Kauai, lantana poses a threat taxa are located on land classified under the State Act and other laws. to two populations of Euphorbia Listing under the Federal Act would within conservation districts and owned haeleeleana and one population of trigger many additional State law by the State of Hawaii or private Isodendrion laurifolium within Kuia protections. Hawaii’s endangered companies or individuals. Regardless of NAR, three other populations of E. species act states, ‘‘Any species of the owner, lands in these districts are haeleeleana, three other populations of aquatic life, wildlife, or land plant that regarded as necessary for the protection I. laurifolium, and one population of I. has been determined to be an of endemic biological resources, and longifolium. In the Waianae Mountains endangered species pursuant to the of Oahu, one population each of maintenance or enhancement of the [Federal] Endangered Species Act shall Cenchrus agrimonioides and Cyanea conservation of natural resources. be deemed to be an endangered species grimesiana ssp. grimesiana and three Activities permitted in conservation under the provisions of this chapter populations of Schiedea hookeri are districts are chosen by considering how *** ’’ (HRS, sect. 195D–4(a)). immediately threatened by this shrub best to make multiple use of the land Therefore, Federal listing automatically (HHP 1994d8, 1994e34, 1994g1, 1994g3, (HRS, sect. 205–2). Some uses, such as invokes listing under Hawaii State law. 1994g7, 1994g14, 1994h9, 1994h11, maintaining animals for hunting, are State law prohibits cutting, collecting, 1994h15, 1994h21, 1994m13, 1994m15, based on policy decisions, while others, uprooting, destroying, injuring, or 1994m17; HPCC 1993b; Lorence and such as preservation of endangered possessing any listed species of plant on Flynn 1993). species, are mandated by both Federal State or private land, or attempting to and State laws. Requests for engage in any such conduct. The State Psidium cattleianum (strawberry amendments to district boundaries or law encourages conservation of such guava), an invasive shrub or small tree variances within existing classifications species by State agencies and triggers native to tropical America, has become can be made by government agencies other State regulations to protect the widely naturalized on all of the main and private landowners (HRS, sect. 205– species (HRS, sect. 195AD–4 and 5). Hawaiian islands, forming dense stands 4). Before decisions about these requests State laws relating to the conservation of that exclude other plant species in are made, the impact of the proposed biological resources allow for the disturbed areas (Cuddihy and Stone reclassification on ‘‘preservation or acquisition of land as well as the 1990). This alien plant grows primarily maintenance of important natural development and implementation of in mesic and wet habitats and is systems or habitat’’ (HRS, sects. 205–4, programs concerning the conservation dispersed mainly by feral pigs and fruit- 205–17) as well as the maintenance of of biological resources (HRS, sect. eating birds (Smith 1985, Wagner et al. natural resources is required to be taken 195D–5(a)). The State also may enter 1990). Strawberry guava is considered to into account (HRS, sects. 205–2, 205–4). into agreements with Federal agencies be one of the greatest alien plant threats Before any proposed land use that will to administer and manage any area to Hawaiian rain forests and is known occur on State land, is funded in part or required for the conservation, to pose a direct threat to at least one whole by county or State funds, or will management, enhancement, or population each of Euphorbia occur within land classified as a protection of endangered species (HRS, haeleeleana and Isodendrion conservation district, an environmental sect. 195D–5(c)). Funds for these laurifolium and four populations of I. assessment is required to determine activities could be made available under longifolium on the island of Kauai (HHP whether the environment will be section 6 of the Act (State Cooperative 1994g7, 1994h11, 1994i15, 1994i16; significantly affected (HRS, chapt. 343). Agreements). Lorence and Flynn 1991, 1993). If it is found that an action will have a E. Other natural or manmade factors Strawberry guava is a major invader of significant effect, preparation of a full affecting its continued existence. All 14 forests in the Waianae and Koolau Environmental Impact Statement is of the taxa in this final rule are Mountains of Oahu, where it often required. Hawaii environmental policy, threatened by competition with one or forms single-species stands. It poses an and thus approval of land use, is more alien plant taxa (see Table 2). The immediate threat to two populations required by law to safeguard ‘‘ * * * the most significant of these are Lantana each of Cenchrus agrimonioides and I. State’s unique natural environmental camara (lantana), Psidium cattleianum laurifolium and one population each of characteristics * ** ’’ (HRS, sect. 344– (strawberry guava), Schinus Cyanea grimesiana ssp. grimesiana, 3(1)). The Hawaii DLNR is mandated to terebinthifolius (Christmas berry), Euphorbia haeleeleana, I. laurifolium, I. initiate changes in conservation district Rubus rosifolius (thimbleberry), longifolium, and Schiedea hookeri (HHP boundaries to include ‘‘the habitat of Clidemia hirta (Koster’s curse), Grevillea 1994d8, 1994d12, 1994e34, 1994g13, rare native species of flora and fauna robusta (silk oak), Melinis minutiflora 1994h18, 1994h20, 1994i2, 1994m12). within the conservation district’’ (HRS, (molasses grass), Paspalum conjugatum On Lanai, this invasive alien plant sect. 195D–5.1). Six of the taxa in this (Hilo grass), Psidium guajava (common threatens one of that island’s final rule are threatened by four plants guava), Ageratina adenophora (Maui populations of Cyanea grimesiana ssp. considered by the State of Hawaii to be pamakani), and Ageratina riparia grimesiana (HHP 1994e37). 53120 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Schinus terebinthifolius (Christmas recently spread to five other islands, Psidium guajava (common guava), a berry), introduced to Hawaii before and immediately threatens two shrub or small tree native to the New 1911, is a fast-growing tree or shrub populations of I. longifolium in Waioli World tropics, is naturalized on all of invading most mesic to wet lowland Valley on Kauai, and one of the two the main islands, except perhaps Niihau areas of the major Hawaiian Islands populations of Cyanea grimesiana ssp. and Kahoolawe (Wagner et al. 1990). (Wagner et al. 1990). Christmas berry is grimesiana on Molokai (HHP 1994e7, Common guava is a serious weed that distributed mainly by feral pigs and 1994e34, 1994h17, 1994i2, 1994i17, invades disturbed sites, forming dense fruit-eating birds and forms dense 1994m11, 1994z1; Lorence and Flynn thickets in dry as well as mesic and wet thickets that shade out and displace 1993; H. Bornhorst and S. Perlman, in forests (Smith 1985, Wagner et al. 1990). other plants (Cuddihy and Stone 1990, litt. 1992). On Kauai, common guava poses a threat Smith 1985, Stone 1985). It is a major Grevillea robusta (silk oak), native to to a population of Isodendrion component of the mesic forests of the Queensland and New South Wales, longifolium in Waioli Valley (Lorence Waianae and Koolau Mountains of Australia, was extensively planted in and Flynn 1993). In the Waianae Oahu. Two-thirds of the Cenchrus Hawaii for timber and is now Mountains of Oahu, this alien plant agrimonioides populations, one-third of naturalized on most of the main threatens the largest populations of the Isodendrion laurifolium Hawaiian Islands (Smith 1985, Wagner Schiedea hookeri and S. nuttallii, while populations, 1 of 2 known populations et al. 1990). On Kauai, this alien tree on the island of Hawaii, common guava of Phyllostegia parviflora, and 6 of 11 threatens Euphorbia haeleeleana in threatens the only known population of populations of Schiedea hookeri are Hipalau Valley. In the Waianae Achyranthes mutica (HHP 1994m13, negatively affected by this invasive Mountains of Oahu, silk oak negatively 1994n2; HPCC 1992a). plant (HHP 1994d8, 1994d11, 1994d12, affects one population each of Cenchrus Ageratina adenophora (Maui 1994d14, 1994h2, 1994h16, 1994h18, agrimonioides, E. haeleeleana, pamakani) and A. riparia (Hamakua 1994h20, 1994m5, 1994m11, 1994m15 Isodendrion laurifolium, Schiedea pamakani), both native to tropical to 1994m17; 1994y1). hookeri, and S. nuttallii (HHP 1994d8, America, have naturalized in dry areas Rubus rosifolius (thimbleberry), 1994g14, 1994h16, 1994m13, 1994n2). to wet forest on Oahu, Molokai, Lanai, native to Asia, is naturalized in Maui, and Hawaii (Wagner et al. 1990). First introduced to the Hawaiian disturbed mesic to wet forest on all of These two noxious weeds form dense Islands as cattle fodder, Melinis the main Hawaiian Islands (Cuddihy mats with other alien plants and prevent minutiflora (molasses grass) was later and Stone 1990). On Kauai, this shrub regeneration of native plants (Anderson planted for erosion control (Cuddihy poses a threat to the largest population et al. 1992). In the Waianae Mountains and Stone 1990). This alien grass of Euphorbia haeleeleana, two of Oahu, two populations of Schiedea quickly spread to dry and mesic forests populations of Isodendrion laurifolium, hookeri are threatened by both Maui previously disturbed by ungulates. five populations of I. longifolium, and pamakani and Hamakua pamakani, and Molasses grass produces a dense mat one population of Schiedea kauaiensis the largest population of Phyllostegia capable of smothering plants, essentially (HHP 1994g1, 1994h9, 1994h11, parviflora is threatened by Maui 1994i13, 1994i15 to 1994i17; HPCC preventing seedling growth and native pamakani (HHP 1994m16, 1994m17, 1992c2; Lorence and Flynn 1993). One plant reproduction (Cuddihy and Stone 1994y1). On Hawaii, the only known of the two populations of Cyanea 1990, Smith 1985). Because it burns population of Achyranthes mutica is grimesiana ssp. grimesiana on Lanai is readily and often grows at the border of threatened by Hamakua pamakani threatened by thimbleberry (HHP forests, molasses grass tends to carry fire (HPCC 1992a). 1994e37). into areas with woody native plants Rubus argutus (prickly Florida Clidemia hirta (Koster’s curse), a (Cuddihy and Stone 1990, Smith 1985). blackberry) was introduced to the noxious shrub native to tropical It is able to spread prolifically after a Hawaiian Islands in the late 1800s from America, is found in mesic to wet fire and effectively out-compete less the continental U.S. (Haselwood and forests on at least six islands in Hawaii fire-adapted native plant species, Motter 1983). The fruits are easily (Almeda 1990, Hawaii Department of ultimately creating a stand of alien grass spread by birds to open areas such as Agriculture 1981, Smith 1992). Koster’s where forest once stood. In the Waianae disturbed mesic or wet forests, where curse was first reported on Oahu in Mountains on Oahu, molasses grass is a the species forms dense, impenetrable 1941 and had spread through much of serious threat to one population each of thickets (Smith 1985). The largest the Koolau Mountains by the early Cenchrus agrimonioides and Euphorbia population of Cenchrus agrimonioides 1960s. Koster’s curse spread to the haeleeleana and two populations of on Oahu is threatened by prickly Waianae Mountains around 1970 and is Schiedea hookeri (HHP 1994d11, Florida blackberry, as well as other alien now widespread throughout the 1994g10, 1994m8, 1994m11). plant taxa (HHP 1994d8). Leucaena southern half of that mountain range. Paspalum conjugatum (Hilo grass) is leucocephala (koa haole) is a This noxious plant forms a dense naturalized in moist to wet disturbed naturalized shrub which is sometimes understory, shading out other plants areas on all of the main Hawaiian the dominant species in low elevation, and hindering plant regeneration Islands except Niihau and Kahoolawe, dry, disturbed areas on all of the main (Cuddihy and Stone 1990). In the and produces a dense ground cover. On Hawaiian islands (Geesink et al. 1990). Waianae Mountains of Oahu, Koster’s Kauai, this perennial grass threatens the On Kauai, the only known population of curse poses a serious threat to two Wahiawa Mountains and Waioli Valley Panicum niihauense is threatened by populations of Cyanea grimesiana ssp. populations of Isodendrion longifolium several alien plants, including koa haole grimesiana, one population of (HHP 1994i15, 1994i17; Lorence and (HHP 1994j3, HPCC 1992b). Oahu’s only Isodendrion longifolium, the largest Flynn 1991, 1993). In the Waianae known population of Cyperus population of Phyllostegia parviflora, Mountains of Oahu, Hilo grass threatens trachysanthos is threatened by alien and one of the largest populations of one population of Cenchrus grasses and possibly by koa haole (HHP Schiedea hookeri. Koster’s curse also agrimonioides and the largest 1994f1; J. Lau, pers. comm. 1994). The threatens one population of I. population of Schiedea hookeri (HHP largest population of C. trachysanthos, laurifolium in Oahu’s Koolau 1994d11, 1994m13; Lorence and Flynn in the Nualolo Valley on Kauai, is Mountains. This prolific alien plant has 1993). threatened by established alien species Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53121

Plantago lanceolata and Pteris vittata Oahu (HHP 1994l1, O’Connor 1990). from naturally occurring events. A (Kenneth Wood, pers. comm. 1996). Kalanchoe pinnata (air plant) is an herb single human-caused or natural Plantago lanceolata, native to Europe which occurs on all the main islands environmental disturbance could and north-central Asia, was first except Niihau and Kahoolawe, destroy a significant percentage of the collected on Kauai in 1895 and is now especially in dry to mesic areas (Wagner individuals or the only extant naturalized and locally common in the et al. 1990). Air plant threatens one population. Two of the plant taxa, Hawaiian Islands (Wagner et al. 1990). population of Schiedea kauaiensis Achyranthes mutica and Panicum Prosopis pallida (kiawe) was introduced (HPCC 1992c2). niihauense, are each known from a to Honolulu from a single seed grown Fire poses a potential threat to single population. Five additional taxa on the Catholic Mission Grounds in populations of six of the taxa—Cenchrus have 5 or fewer populations (Cyperus 1828. In the early part of this century, agrimonioides, Cyanea grimesiana ssp. trachysanthos, Phyllostegia parviflora, pods were collected and sold to grimesiana, Euphorbia haeleeleana, Platanthera holochila, Sanicula ranchers for cattle ration. The seeds pass Isodendrion longifolium, Schiedea purpurea, and Schiedea kauaiensis), through the digestive system of cattle hookeri, and S. nuttallii (HHP 1994e1, and 8 of the taxa are estimated to and spread rapidly throughout the drier 1994e34, 1994g5, 1994g6, 1994g10, number no more than 100 individuals habitats of the Hawaiian islands 1994i2, 1994m8, 1994m12, 1994m15 to (A. mutica, Cenchrus agrimonioides, (Geesink et al. 1990). The only known 1994m17). Because Hawaii’s native Cyanea grimesiana ssp. grimesiana, P. population of Panicum niihauense is plants have evolved with only niihauense, Phyllostegia parviflora, threatened by kiawe (HHP 1994j3, HPCC infrequent, naturally occurring episodes Platanthera holochila, S. kauaiensis, 1992b). of fire (lava flows, infrequent lightning and S. nuttallii). All of the taxa either strikes), most species are not adapted to Pennisetum clandestinum (Kikuyu number fewer than 20 populations or fire and are unable to recover well after grass), an aggressive, perennial grass total fewer than 1,000 individuals (see recurring fires. Alien plants are often introduced to Hawaii as a pasture grass, Table 2). The small gene pool more fire-adapted than native taxa and withstands trampling and grazing and is maintained by these taxa may depress quickly exploit suitable habitat after a naturalized on four Hawaiian Islands in reproductive vigor through inbreeding fire (Cuddihy and Stone 1990). On dry to mesic forest. It produces thick and decreased variability. Variability in Oahu, unintentionally ignited fires have mats which choke out other plants and genetic makeup of a population resulted from military training exercises provides resilience to that population by prevent their seedlings from in Makua Military Reservation and establishing and has been declared a decreasing the chances that an entire Schofield Barracks Military Reservation cohort is negatively impacted by a noxious weed by the U.S. Department of and pose a possible threat to Agriculture (7 CFR 360) (O’Connor selective episode. Some individuals populations of C. agrimonioides, E. may prove more resistant or hardy than 1990, Smith 1985). Kikuyu grass is a haeleeleana, and S. nuttallii that grow threat to the only known population of others and survive the event, allowing in dry and mesic forest on those the population to persist. Small Achyranthes mutica (HPCC 1992a). The installations (Environment Impact introduced fern Blechnum occidentale populations with low variability stand Study Corp. 1977; HHP 1994a, 1994b, less chance of survival. was noted by Dr. Clifford Smith of the 1994d11, 1994g5, 1994g6, 1994g10, University of Hawaii as a potential pest 1994n14; Yoshioka et al. 1991). The Service has carefully assessed the in 1985 (Cuddihy and Stone 1990, Accidentally or maliciously set fires in best scientific and commercial Smith 1985). Found in mesic forests, B. residential areas near the Lualualei information available regarding the past, occidentale is a threat to one population Naval Magazine and the Makua Military present, and future threats faced by of Schiedea kauaiensis (HHP 1994n18). Reservation could easily spread and these taxa in determining to issue this Conyza bonariensis (hairy horseweed) is pose a possible threat to one of the four final rule. Based on this evaluation, the nearly cosmopolitan in distribution, populations of C. agrimonioides, most of preferred action is to list 13 of these although it is perhaps native to South the island’s individuals of E. plant taxa as endangered (Achyranthes America. It was naturalized in Hawaii haeleeleana, one population of I. mutica, Cenchrus agrimonioides, prior to 1871 and is a common weed in longifolium, several populations of S. Cyanea grimesiana ssp. grimesiana, various urban and non-urban areas hookeri, and one population of S. Cyperus trachysanthos, Euphorbia throughout Hawaii, generally in dry nuttallii (HHP 1994d11, 1994g5, 1994g6, haeleeleana, Isodendrion laurifolium, habitats. It threatens the only known 1994g10, 1994i2, 1994m8, 1994m15 to Panicum niihauense, Phyllostegia population of Achyranthes mutica 1994m17, 1994n14). parviflora, Platanthera holochila, (HPCC 1992a, Wagner et al. 1990). Erosion, landslides, and rockslides Sanicula purpurea, Schiedea hookeri, Opuntia ficus-indica (panini) was due to natural weathering result in the Schiedea kauaiensis, and Schiedea introduced to Hawaii prior to 1809 from death of individual plants as well as nuttallii) and Isodendrion longifolium as Mexico and has become naturalized in habitat destruction. This especially threatened. The 13 taxa to be listed as dry, disturbed habitats on Kauai, Oahu, affects the continued existence of taxa endangered are threatened by one or Maui, Kahoolawe, and Hawaii. Panini or populations found on cliffs and steep more of the following—habitat threatens the only known population of slopes that have limited numbers and/ degradation and/or predation by pigs, A. mutica (HPCC 1992a, Wagner et al. or narrow ranges such as the Oahu goats, deer, cattle, and rats; competition 1990). Axonopus fissifolius (narrow- populations of Cyanea grimesiana ssp. for space, light, water, and nutrients leaved carpet grass) is native to grimesiana; the Pahole-Makua Ridge from alien plants; habitat loss from fires; subtropical North America and the New population of Schiedea nuttallii on human impacts from military training World tropics. Introduced to Hawaii in Oahu; and the Kalalau Valley practices and recreational activities; and 1912, narrow-leaved carpet grass has population of S. kauaiensis on Kauai substrate loss. Seven of the taxa have 5 become common in wet pastures, (HHP 1994n2; HPCC 1992c2; L. or fewer populations, and 8 of the taxa disturbed wet forest, and bogs on Kauai, Mehrhoff, pers. comm. 1995). are estimated to number no more than Oahu, Lanai, Maui, and Hawaii. The small number of populations and 100 individuals. Small population size Narrow-leaved carpet grass is a threat to individuals of many of these taxa and limited distribution make these taxa one population of Sanicula purpurea on increases the potential for extinction particularly vulnerable to extinction 53122 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations from reduced reproductive vigor or from to the species, or (2) such designation of Recognition through listing can naturally occurring events. Because critical habitat would not be beneficial encourage and result in conservation these 13 taxa are in danger of extinction to the species. actions by Federal, State, and local throughout all or a significant portion of As discussed under Factor B, these agencies, private organizations, and their ranges, they fit the definition of taxa are threatened by overcollection, individuals. The Act provides for endangered as defined in the Act. due to low numbers or population size. possible land acquisition and Therefore, the determination of The publication of precise maps and cooperation with the State and requires endangered status for these 13 taxa is descriptions of critical habitat in the that recovery actions be carried out for warranted. Federal Register and local newspapers all listed species. The protection Although populations of Isodendrion as required in a proposal for critical required of Federal agencies and the longifolium are threatened by habitat habitat would increase the degree of prohibitions against certain activities degradation and/or destruction by goats threat to these plants from take or involving listed plants are discussed, in and pigs and competition with six alien vandalism and, therefore, could part, below. plant species, the larger distribution of contribute to their decline. The listing of Section 7(a) of the Act, as amended, populations and total numbers of plants these taxa publicizes the rarity of the requires Federal agencies to evaluate reduce the likelihood that this species plants and, thus, can make these plants their actions with respect to any species will become extinct in the near future. attractive to researchers, curiosity that is proposed or listed as endangered For these reasons, I. longifolium is not seekers, or collectors of rare plants. or threatened and with respect to its now in immediate danger of extinction The additional protection provided by critical habitat, if any is being throughout all or a significant portion of the designation of critical habitat to a designated. Regulations implementing its range. However, I. longifolium is species would be granted through this interagency cooperation provision likely to become endangered in the section 7 of the Act. Section 7(a) of the of the Act are codified at 50 CFR part foreseeable future if the threats affecting Act, as amended, requires Federal 402. Section 7(a)(4) requires Federal it are not reduced. As a result, I. agencies to evaluate their actions with agencies to confer with the Service on longifolium meets the definition of respect to any species that is proposed any action that is likely to jeopardize threatened species as defined in the Act. or listed as endangered or threatened the continued existence of a species Critical habitat is not being designated and with respect to its critical habitat, proposed for listing or result in for the 14 taxa included in this rule for if any is designated. Section 7(a)(2) destruction or adverse modification of reasons discussed in the ‘‘Critical requires Federal agencies to insure that proposed critical habitat. If a species is Habitat’’ section of this rule. activities they authorize, fund, or carry listed subsequently, section 7(a)(2) out are not likely to jeopardize the Critical Habitat requires Federal agencies to ensure that continued existence of such a species or activities they authorize, fund, or carry Critical habitat is defined in section 3 destroy or adversely modify its critical out are not likely to jeopardize the of the Act as—(i) The specific areas habitat. The 14 species in this rule are continued existence of a listed species within the geographical area occupied confined to small geographic areas, and or to destroy or adversely modify its by a species, at the time it is listed in each population is composed of so few critical habitat. If a Federal action may accordance with the Act, on which are individuals that the determinations for affect a listed species or its critical found those physical or biological jeopardy to the species and adverse habitat, the responsible Federal agency features (I) essential to the conservation modification of critical habitat would be must enter into formal consultation with of the species and (II) that may require similar. Therefore, designation of the Service. special management consideration or critical habitat provides no benefits Nine of the endangered taxa occur on protection; and (ii) specific areas beyond those that these species would land under Federal jurisdiction, outside the geographical area occupied receive by virtue of their listing as including the U.S. Army and U.S. Navy. by a species at the time it is listed, upon endangered species, and would likely Of those, four taxa are found on a determination that such areas are increase the risk of threat from federally owned land and six taxa occur essential for the conservation of the collecting or other human activities. on land leased by the Federal species. ‘‘Conservation’’ means the use Critical habitat protections apply only to government from the State. Activities of all methods and procedures needed Federal actions, and provide little added carried out by the U.S. Army include to bring the species to the point at protection for populations occurring on ordnance training practices, ground which listing under the Act is no longer State or private land. All involved troop training activities, and necessary. parties and the major landowners have construction, maintenance, and Section 4(a)(3) of the Act, as been notified of the location and utilization of helicopter landing and amended, and implementing regulations importance of protecting the habitat of drop-off sites. The Army is coordinating (50 CFR 424.12) require that, to the these taxa. Additional protection of the with TNCH to develop management maximum extent prudent and habitat of these taxa will be addressed plans for Schofield Barracks Military determinable, the Secretary designate through the recovery process and Reservation, Kawailoa Training Area, critical habitat at the time a species is through the section 7 consultation and Makua Military Reservation to limit determined to be endangered or process. For this reason Service the impact of these activities on threatened. The Service finds that concludes that designation of critical endangered species and their habitats. designation of critical habitat is not habitat for these 14 taxa is not prudent The Navy is in the process of prudent for the 14 taxa in this rule. at this time. developing a management plan for Service regulations (50 CFR Lualualei Naval Magazine. 424.12(a)(1)) state that designation of Available Conservation Measures The Act and its implementing critical habitat is not prudent when one Conservation measures provided to regulations set forth a series of general or both of the following situations species listed as endangered or prohibitions and exceptions that apply exist—(1) The species is threatened by threatened under the Act include to all endangered and threatened plants. taking or other human activity, and recognition, recovery actions, With respect to the 14 taxa in this rule, identification of critical habitat can be requirements for Federal protection, and all prohibitions of section 9(a)(2) of the expected to increase the degree of threat prohibitions against certain activities. Act, implemented by 50 CFR 17.61 for Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53123 endangered plants and 17.71 for impacts of the species’ listing on pursuant to section 4(a) of the threatened plants, would apply. These proposed and ongoing activities within Endangered Species Act of 1973, as prohibitions, in part, make it illegal for the species’ range. Nine of the taxa amended. A notice outlining the any person subject to the jurisdiction of occur on Federal lands under the Service’s reasons for this determination the United States to import or export, jurisdiction of the U.S. Army or U.S. was published in the Federal Register transport in interstate or foreign Navy. Collection, damage, or on October 25, 1983 (48 FR 49244). commerce in the course of a commercial destruction of these taxa on Federal Required Determinations activity, sell or offer for sale in interstate lands is prohibited although in or foreign commerce; remove and appropriate cases a Federal endangered The Service has examined this reduce the species to possession from species permit may be issued to allow regulation under the Paperwork areas under Federal jurisdiction. In collection. Such activities on non- Reduction Act of 1995 and found it to addition, for plants listed as Federal lands would constitute a contain no information collection endangered, the Act prohibits the violation of section 9 if conducted in requirements. This rulemaking was not malicious damage or destruction on knowing violation of Hawaii State law subject to review by the Office of areas under Federal jurisdiction and the or regulations or in violation of State Management and Budget under removal, cutting, digging up, or criminal trespass law. The Service is not Executive Order 12866. aware of any trade in these species. damaging or destroying of such plants References Cited in knowing violation of any State law or Questions regarding whether specific regulation, including State criminal activities will constitute a violation of A complete list of all references cited trespass law. Section 4(d) of the Act section 9 should be directed to the Field herein is available upon request from allows for the provision of such Supervisor of the Service’s Pacific the Pacific Islands Ecoregion Office (see protection to threatened species through Islands Office (see ADDRESSES section). ADDRESSES section). Requests for copies of the regulations regulation. This protection may apply to Author Isodendrion longifolium in the future if concerning listed plants and general regulations are promulgated. Seeds from inquiries regarding prohibitions and The authors of this rule are Christa cultivated specimens of threatened permits may be addressed to the Fish Russell and Marie M. Bruegmann, plants are exempt from these and Wildlife Service, Ecological Pacific Islands Ecoregion Office (see prohibitions provided that their Services, Endangered Species Permits ADDRESSES section). Branch, 911 N.E. 11th Avenue, Portland, containers are marked ‘‘Of Cultivated List of Subjects in 50 CFR Part 17 Origin.’’ Certain exceptions to the Oregon 97232–4181 (telephone: 503/ prohibitions apply to agents of the 231–6241; facsimile: 503/231–6243). Endangered and threatened species, Exports, Imports, Reporting and Service and State conservation agencies. Hawaii State Law recordkeeping requirements, The Act and 50 CFR 17.62, 17.63, and Federal listing will automatically Transportation. 17.72 also provide for the issuance of invoke listing under the State’s permits to carry out otherwise endangered species act. Hawaii’s Regulation Promulgation prohibited activities involving Endangered Species Act states, ‘‘Any Accordingly, part 17, subchapter B of endangered or threatened plants under species of aquatic life, wildlife, or land chapter I, title 50 of the Code of Federal certain circumstances. Such permits are plant that has been determined to be an Regulations, is amended as set forth available for scientific purposes and to endangered species pursuant to the below: enhance the propagation or survival of [Federal] Endangered Species Act shall the species. For threatened plants, be deemed to be an endangered species PART 17Ð[AMENDED] permits are also available for botanical under the provisions of this chapter 1. The authority citation for part 17 or horticultural exhibition, educational ** *’’ (Hawaii Revised Statutes (HRS), continues to read as follows: purposes, or special purposes consistent sect. 195D–4(a)). The State law prohibits with the purposes of the Act. It is taking of listed species on private and Authority: 16 U.S.C. 1361–1407; 16 U.S.C. anticipated that few permits would be State lands and encourages conservation 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– sought or issued because these 14 taxa by State agencies (HRS, sect. 195D–4). 625, 100 Stat. 3500, unless otherwise noted. are not common in cultivation or in the 2. Section 17.12(h) is amended by National Environmental Policy Act wild. adding the following, in alphabetical It is the policy of the Service (59 FR The Service has determined that order under FLOWERING PLANTS, to 34272) to identify to the maximum Environmental Assessments or the List of Endangered and Threatened extent practicable at the time a species Environmental Impact Statements, as Plants to read as follows: is listed those activities that would or defined under the authority of the would not constitute a violation of National Environmental Policy Act of § 17.12 Endangered and threatened plants. section 9 of the Act. Such information 1969, need not be prepared in * * * * * is intended to clarify the potential connection with regulations adopted (h) * * *

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

FLOWERING PLANTS: ******* Achyranthes mutica ...... None ...... U.S.A. (HI) ...... Amaranthaceae ..... E 592 NA NA ******* Cenchrus agrimonioides ...... Kamanomano ...... U.S.A. (HI) ...... Poaceae ...... E 592 NA NA ******* Cyanea grimesiana ssp. grimesiana ..... Haha ...... U.S.A. (HI) ...... Campanulaceae .... E 592 NA NA 53124 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

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

******* Cyperus trachysanthos ...... Pu'uka'a ...... U.S.A. (HI) ...... Cyperaceae ...... E 592 NA NA ******* Euphorbia haeleeleana ...... 'Akoko ...... U.S.A. (HI) ...... Euphorbiaceae ...... E 592 NA NA ******* Isodendrion laurifolium ...... Aupaka ...... U.S.A. (HI) ...... Violaceae ...... E 592 NA NA ******* Isodendrion longifolium ...... Aupaka ...... U.S.A. (HI) ...... Violaceae ...... T 592 NA NA ******* Panicum niihauense ...... Lau 'ehu ...... U.S.A. (HI) ...... Poaceae ...... E 592 NA NA ******* Phyllostegia parviflora ...... None ...... U.S.A. (HI) ...... Lamiaceae ...... E 592 NA NA ******* Platanthera holochila ...... None ...... U.S.A. (HI) ...... Orchidaceae ...... E 592 NA NA ******* Sanicula purpurea ...... None ...... U.S.A. (HI) ...... Apiaceae ...... E 592 NA NA ******* Schiedea hookeri ...... None ...... U.S.A. (HI) ...... Caryophyllaceae .... E 592 NA NA ******* Schiedea kauaiensis ...... None ...... U.S.A. (HI) ...... Caryophyllaceae .... E 592 NA NA ******* Schiedea nuttallii ...... None ...... U.S.A. (HI) ...... Caryophyllaceae .... E 592 NA NA *******

Dated: September 24, 1996. hours at the Pacific Islands Ecoregion and 3 to 10 cm (1 to 4 in) wide. The 5 John G. Rogers, Office, U.S. Fish and Wildlife Service, to 15 flowering stalks each bear 5 to 20 Acting Director, Fish and Wildlife Service. 300 Ala Moana Boulevard, Room 6307, greenish-white, slightly down-curved [FR Doc. 96–25556 Filed 10–9–96; 8:45 am] P.O. Box 50167, Honolulu, Hawaii flowers 1.6 to 2.5 cm (0.6 to 1.0 in) long BILLING CODE 4310±55±P 96850. with one or two small knobs on the FOR FURTHER INFORMATION CONTACT: upper surfaces. The fruits are ovoid to Marie M. Bruegmann, at the above globose purple berries 0.6 to 1.2 cm (0.2 50 CFR Part 17 address or telephone 808–541–3441. to 0.4 in) long. The three subspecies of D. undulata can be distinguished from RIN 1018ÐAC56 SUPPLEMENTARY INFORMATION: each other by leaf shape and leaf margin Endangered and Threatened Wildlife Background characteristics—subsp. kauaiensis has and Plants; Endangered Status for the ovate leaves with flat, sharply toothed Delissea undulata was first described margins; subsp. niihauensis has leaves Plant Delissea undulata (No Common by Charles Gaudichaud-Beaupre from Name) with heart-shaped bases and shallow specimens he collected in the Hawaiian roundly toothed margins; and subsp. AGENCY: Fish and Wildlife Service, Islands (‘‘Isles Sandwich’’) in 1819 (St. undulata has narrower, lance-shaped Interior. John 1959). He chose the specific leaves with undulating margins and ACTION: Final rule. epithet to refer to the undulating spreading, pointed teeth (Lammers margins of the leaves. F.E. Wimmer 1988, 1990). The species D. undulata is SUMMARY: The U.S. Fish and Wildlife named a specimen J.F. Rock collected in distinguished from closely related Service (Service) determines 1911 from Kanahaha, Kona, as Cyanea species in this genus by its broader leaf endangered species status pursuant to argutidenta, which H. St. John later bases, larger flowers, and larger berries the Endangered Species Act of 1973, as moved to the genus Delissea (St. John (Lammers 1990). amended (Act), for the plant Delissea 1959, Wimmer 1943). St. John also Historically, Delissea undulata is undulata (No Common Name). This named a specimen collected in 1968 known from Niihau, Kauai, Maui, and species is known in the wild from only from the southern Kona District as D. Hawaii. Subspecies kauaiensis was a single individual, located on the konaensis (St. John 1986). The current collected west of the Hanapepe River on island of Hawaii. The greatest treatment of the family (Lammers 1988, the island of Kauai by A.A. Heller in immediate threats to the survival of this 1990) considers all of the above species 1895 and has not been relocated (Hawaii species are habitat degradation and to be synonymous with D. undulata. Heritage Program (HHP) 1991a, Heller predation by domestic and feral Lammers recognizes three subspecies of 1897, Lammers 1988). Subspecies mammals, fire, and competition with D. undulata—subsp. niihauensis, subsp. niihauensis was collected twice in the alien plants. The small population size kauaiensis, and subsp. undulata 1800’s on the island of Niihau and has of one individual with its limited gene (Lammers 1988, 1990). not been located since (HHP 1991b, pool also comprises a serious threat to Delissea undulata of the bellflower Hillebrand 1888, St. John 1959). Both of this species. This rule implements the family (Campanulaceae) is a palm-like these subspecies are considered extinct protection provisions provided by the tree with unbranched woody stems 2 to (HHP 1991a, 1991b; Lammers 1990). Act for this species. 10 meters (m) (6 to 30 feet (ft)) tall. The Delissea undulata subsp. undulata was EFFECTIVE DATE: November 12, 1996. leaves are long and narrow or elliptic reported from four valleys of ADDRESSES: The complete file for this with long petioles and undulate or flat, southwestern Maui in the 1800’s, and rule is available for public inspection, toothed margins, about 5 to 21 from the Kona region of the island of by appointment, during normal business centimeters (cm) (2 to 8 inches (in)) long Hawaii (HHP 1991c1 to 1991c9). This Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53125 subspecies was observed in 1971 at Puu Previous Federal Action On October 13, 1983, the Service found Lehua and was subsequently thought to Federal action on this species began that the listing of the species was be extinct (HHP 1991c6, Lammers as a result of section 12 of the warranted but precluded by other 1990). However, one individual plant Endangered Species Act (16 U.S.C. 1531 pending listing actions, in accordance was discovered on April 24, 1992, at et seq.), which directed the Secretary of with section 4(b)(3)(B)(iii) of the Act. Puu Waawaa, at a previously unreported the Smithsonian Institution to prepare a Notification of this finding was location on Hualalai on the island of report on plants considered to be published on January 20, 1984 (49 FR Hawaii. This site is owned by the State endangered, threatened, or extinct. This 2485). Such a finding requires the and leased to a private individual for report, designated as House Document petition to be reconsidered periodically, ranching (Jon Giffin, Hawaii Department No. 94–51, was presented to Congress pursuant to section 4(b)(3)(C)(i) of the of Land and Natural Resources (Hawaii on January 9, 1975. On July 1, 1975, the Act. The finding was reviewed in DLNR), in litt. 1993). Harold L. Lyon Service published a notice in the October of 1984, 1985, 1986, 1987, 1988, Arboretum of the University of Hawaii Federal Register (40 FR 27823) 1989, 1990, 1991, and 1992. The at Manoa is propagating seeds collected accepting the report as a petition within proposed rule published on June 27, from the one remaining individual as the context of section 4(c)(2) (now 1994 (59 FR 32946), to list D. undulata part of an ex situ conservation program. section 4(b)(3)(A)) of the Act, and giving as an endangered species constituted The Arboretum has sent approximately notice of its intention to review the the final 1-year finding that was 50 individual plants propagated from status of the plant taxa named therein. required for this species. seed to the State’s Hawaii forestry In this and subsequent notices, Delissea Based on comments received in district for experimental outplanting in undulata var. undulata was included as response to the proposal (see Comments the Puu Waawaa area. Several extinct, and D. undulata var. and Recommendations, below), the outplanted individuals have produced argutidenta was included as Service now determines Delissea seed after only two years, although no endangered. As a result of this review, undulata to be endangered with the seedlings have been produced by these publication of this final rule. outplanted individuals (Charles H. on June 16, 1976, the Service published Lamoureux, Harold L. Lyon Arboretum a proposed rule in the Federal Register Summary of Comments and at University of Hawaii, pers. comm. (41 FR 24523) to determine Recommendations 1993; J. Giffin, pers. comms. 1993, approximately 1,700 vascular plant species, including D. undulata, In the June 27, 1994, proposed rule 1994). and associated notifications, all Delissea undulata grows primarily in endangered pursuant to section 4 of the interested parties were requested to dry and mesic forests at about 1,000 to Act. In 1978, amendments to the Act submit factual reports or information 1,750 m (3,300 to 5,700 ft) elevation required that all proposals over 2 years that might contribute to the (Lammers 1990; J. Giffin, in litt. 1993). old be withdrawn. A 1-year grace period development of a final rule. The public The substrate is a thin organic soil layer was given to proposals already over 2 comment period ended on August 26, over ‘a‘a or pahoehoe lava (Department years old. On December 10, 1979, the 1994, but was reopened until November of Geography 1983). The only known Service published a notice in the 29, 1994 to ensure that all parties had wild individual grows on the brink of a Federal Register (44 FR 70796) of the adequate time to provide comments on collapsed lava tube at 1,070 m (3,520 ft) withdrawal of that portion of the June the proposed rule. Appropriate State elevation. The vegetation is open 16, 1976, proposal that had not been Sophora chrysophylla (mamane)- made final, including D. undulata, agencies, county governments, Federal Metrosideros polymorpha (‘ohi‘a) forest along with four other proposals that had agencies, scientific organizations, and with such associated species as expired. other interested parties were contacted Santalum ellipticum (‘iliahi) and Acacia The Service published an updated and requested to comment. A koa (koa). The endangered species Notice of Review for plants on newspaper notice inviting public Nothocestrum breviflorum (‘aiea) also is December 15, 1980 (45 FR 82480), comment was published in the ‘‘Hawaii found in the area of the one remaining including Delissea undulata as a Tribune-Herald’’ on November 7, 1994. wild individual of D. undulata. category 1 candidate, meaning that the Comments were received from two Introduced plants in the area include Service had substantial information parties. Both parties supported the Pennisetum clandestinum (kikuyu indicating that a listing proposal was listing of the Delissea undulata as an grass), Passiflora mollissima (banana appropriate. In the updated Notice of endangered species. One of the parties poka), and Senecio mikanioides Review for plants on September 27, also requested the designation of critical (German ivy) (J. Giffin, in litt. 1993). 1985 (50 FR 39525), and February 21, habitat for this species, to force State The greatest immediate threats to the 1990 (55 FR 6183), D. undulata was action to protect the species, and also to survival of Delissea undulata are included as a Category 1* candidate, allow for citizen action if necessary. damage from domestic and feral meaning that the Service had substantial However, the designation of critical herbivores and competition with alien information indicating that this taxon habitat is not necessary for citizen suits plants. Fire, whether started naturally or was vulnerable in the recent past but under Section 11(g)(1) of the Act, which by arson, poses a serious threat to the that it may already have become extinct. states that any person may commence a population. Slug damage has been Section 4(b)(3)(B) of the Act, requires civil suit on his own behalf to enjoin observed on outplanted individuals of the Secretary to make findings on any person in violation of the Act. this species, and slugs may eat the fruits certain pending petitions within 12 Furthermore, it is unclear how before germination can occur. The one months of their receipt. Section 2(b)(1) designation of critical habitat under the individual known from the wild with its of the 1982 amendments further Federal Endangered Species Act would limited gene pool also comprises a requires that all petitions pending on prompt any more State action than serious threat to this species (M. October 13, 1982, be treated as having simply listing the plant. The protections Bruegmann, in litt. 1994; J. Giffin, in litt. been newly submitted on that date. The afforded a species by designating critical 1993). The long-term viability or latter was the case for Delissea undulata habitat are limited and apply only in the survivorship of the approximately 50 because the Service had accepted the context of section 7 of the Act, which outplanted individuals is not known. 1975 Smithsonian report as a petition. affects only Federal agency actions. 53126 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Pursuant to the Service’s policy on disturb open areas. This causes erosion on introduced grasses and native plants, peer review (59 FR 34270), the Service and allows the invasion of alien plant especially in drier and more open also solicited the expert opinions of four species (Cuddihy and Stone 1990, ecosystems. They also trample roots and appropriate and independent specialists Wagner et al. 1990). Delissea undulata seedlings, cause erosion, and promote regarding pertinent scientific or is threatened by habitat degradation the invasion of alien plants. They are commercial data and assumptions resulting from introduced ungulates able to forage in extremely rugged relating to the taxonomy, population (e.g., cattle, goats, sheep, and pigs). terrain and have a high reproductive models, and biological and ecological Habitat degradation by these ungulates capacity (Cuddihy and Stone 1990, information for Delissea undulata. No threatens the only known wild plant, Culliney 1988, Tomich 1986). Delissea responses from these peer reviewers any potential natural germination of undulata currently is threatened by were received. seedlings, as well as potential suitable goats that use the area where the single habitat occurring throughout the known wild individual exists (J. Giffin, Summary of Factors Affecting the historic range of the species. in litt. 1993). Species Cattle (Bos taurus), native to Europe, Sheep (Ovis aries) became firmly After a thorough review and northern Africa, and southwestern Asia, established on the island of Hawaii consideration of all information were introduced to the Hawaiian Islands (Tomich 1986) following their available, the Service has determined in 1793. Large feral herds developed as introduction almost 200 years ago that Delissea undulata should be a result of restrictions on killing cattle (Cuddihy and Stone 1990). Like feral classified as an endangered species. decreed by King Kamehameha I. Large goats, sheep roam the upper elevation Procedures found at section 4(a)(1) of ranches in the tens of thousands of acres dry forests, including Puu Waawaa, the Act and regulations implementing were created on Maui and Hawaii. causing damage similar to that of goats the listing provisions of the Act (50 CFR Much of the land used in these private (Stone 1985). Sheep have decimated part 424) were followed. A species may enterprises was leased from the State or vast areas of native forest and shrubland be determined to be an endangered or was privately owned. Feral cattle on Hawaii. Sheep threaten the habitat of threatened species due to one or more formerly existed on Maui and damaged Delissea undulata (Cuddihy and Stone of the five factors described in section the forests there. Feral cattle are 1990; J. Giffin, in litt. 1993) as well as 4(a)(1). These factors and their presently found on the island of Hawaii, the one remaining wild plant. application to Delissea undulata Gaud. and ranching is still a major commercial Pigs (Sus scrofa) are originally native (No Common Name) are as follows: activity there. Cattle eat native to Europe, northern Africa, Asia Minor, A. The present or threatened vegetation, trample roots and seedlings, and Asia. European pigs, introduced to destruction, modification, or cause erosion, create disturbed areas Hawaii by Captain James Cook in 1778, curtailment of its habitat or range. The into which alien plants invade, and became feral and invaded forested areas, habitat of Delissea undulata has spread seeds of alien plants in their especially wet and mesic forests and dry undergone extreme alteration because of feces and on their bodies. The forest areas at high elevations. They currently past and present land management becomes degraded to grassland pasture are present on Kauai, Oahu, Molokai, practices, including deliberate and in areas grazed by cattle, and plant Maui, and Hawaii and inhabit rain accidental alien mammal and plant cover is reduced for many years forests and grasslands. Pig hunting is introductions and agricultural following removal of cattle from an area. allowed on all islands either year-round development. Natural disturbances such Several alien grasses and legumes or during certain months, depending on as the collapse of lava tubes also destroy purposely introduced for cattle forage the area (Hawaii DLNR n.d., 1985). habitat and can have a significant effect have become noxious weeds (Cuddihy While rooting in the ground in search of on small populations of plants. and Stone 1990, Tomich 1986). Cattle the invertebrates and plant material they Competition with alien plants as well as have altered and degraded the eat, feral pigs disturb and destroy destruction of individuals and vegetation of much of Hawaii, including vegetative cover, trample plants and modification of habitat by introduced the areas where Delissea undulata seedlings, and threaten forest animals are the primary threats facing formerly grew, and where it is still regeneration by damaging seeds and this species. known to exist (Tomich 1986; J. Giffin, seedlings. They disturb soil substrates Beginning with Captain James Cook in in litt. 1993). Hunting of feral cattle is and cause erosion, especially on slopes. 1792, early European explorers no longer allowed in Hawaii (Hawaii Alien plant seeds are dispersed in their introduced livestock, which became DLNR 1985). hooves and coats as well as through feral, increased in number and range, Goats (Capra hircus), native to the their feces, and the disturbed soil is and caused significant changes to the Middle East and India, were fertilized by their feces, helping alien natural environment of Hawaii. The successfully introduced to the Hawaiian plants to establish (Cuddihy and Stone 1848 provision for land sales to Islands in 1792, and currently there are 1990, Smith 1985, Stone 1985, Tomich individuals allowed large-scale populations on Kauai, Oahu, Molokai, 1986, Wagner et al. 1990). Feral pigs agricultural and ranching ventures to Maui, and Hawaii. On Kauai, feral goats pose a threat to Delissea undulata and begin. Land was cleared for these have been present in drier, more rugged its habitat (J. Giffin, in litt. 1993). enterprises to such a great extent that areas since 1820; they still occur in B. Overutilization for commercial, climatic conditions began to change and Waimea Canyon. On Hawaii, goats recreational, scientific, or educational the amount and distribution of rainfall damage low elevation dry forests, purposes. Unrestricted collecting for were altered (Wenkam 1969). montane parklands, subalpine scientific or horticultural purposes and Past and present impacts of woodlands, and alpine grasslands. Goats excessive visits by individuals introduced alien animals are the are managed in Hawaii as a game interested in seeing rare plants could primary factor in altering and degrading animal, but many herds populate result from increased publicity. This is vegetation and habitats on the island of inaccessible areas where hunting has a potential threat to Delissea undulata, Hawaii as well as on Kauai and Maui, little effect on their numbers. Goat which was once thought to be extinct where populations of Delissea undulata hunting is allowed year-round or during and is represented now by only one previously existed. Feral ungulates certain months, depending on the area known wild plant. The long-term trample and eat native vegetation and (Hawaii DLNR n.d., 1985). Goats browse viability or survivorship of the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53127 approximately 50 outplanted on State land within the State’s listed species of plant on State or individuals propagated from seed is not conservation district. Conservation private land, or attempting to engage in known. The species is of some district lands (HRS, sect. 205–4) are any such conduct. The State law horticultural and ornamental interest. regarded, among other purposes, as encourages conservation of such species Taking and vandalism are potential necessary for the protection of endemic by State agencies and triggers other threats that could result from increased biological resources and the State regulations to protect the species specific publicity. maintenance or enhancement of the (HRS, sect. 195AD–4 and 5). C. Disease or predation. Cattle, goats, conservation of natural resources. E. Other natural or manmade factors pigs, and sheep have been reported in Activities permitted in the conservation affecting its continued existence. The the area where Delissea undulata is district are chosen by considering how fact that there is only one remaining known to occur. As this taxon is not best to make multiple use of the land wild individual of Delissea undulata known to be unpalatable to these (HRS, sect. 205–2). Some uses, such as increases the potential for extinction ungulates, predation is a probable threat maintaining animals for hunting, are from random events. While seeds where these animals have been based on policy decisions, while others, produced on the wild plant and reported. The lack of seedlings and the such as preservation of endangered outplanted individuals are viable, no occurrence of the only known species, are mandated by both Federal germination has been observed in the individual in an area less accessible to and State laws. Requests for wild (M. Bruegmann, in litt. 1994, J. ungulates seem to indicate the effect amendments to district boundaries or Giffin, pers. comm. 1994). The limited that browsing mammals, especially variances within existing classifications gene pool may depress reproductive cattle, have had in restricting the can be made by government agencies vigor, or a single human-caused or distribution of this plant. Though not and private landowners (HRS, sect. 205– natural environmental disturbance legally obligated to protect the species 4). Before decisions on these requests could destroy the only known extant prior to this listing, the State fenced the are made, the impact of the proposed individual. This constitutes a major one wild individual to protect it from reclassification on ‘‘preservation or threat to D. undulata. damage by ungulates (J. Giffin, in litt. maintenance of important natural Natural changes to habitat and 1993). See Factor D. systems or habitat’’ (HRS, sects. 205–4, substrate can result in the death of Of the four species of rodents which 205–17), as well as the maintenance of individual plants as well as the have been introduced to the Hawaiian natural resources, is required to be taken destruction of their habitat. This Islands, the species with the greatest into account (HRS, sects. 205–2, 205–4). especially affects the continued impact on the native flora and fauna is For any proposed land use change that existence of taxa or populations with probably the roof or black rat (Rattus would occur on county or State land, limited numbers or narrow ranges and is often exacerbated by human rattus), which now occurs on all the that would be funded in part or whole main Hawaiian Islands around human disturbance and land use practices (see by county or State funds, or that would habitations, in cultivated fields, and in Factor A). Additional collapse of the occur within land classified as a dry to wet forests. Roof rats, and to a lava tube where the only known wild conservation district, an environmental lesser extent house mouse (Mus individual of Delissea undulata occurs assessment is required to determine musculus), Polynesian rat (R. exulans), is a potential threat to this species (J. whether or not the environment will be and Norway rat (R. norvegicus), eat the Giffin, in litt. 1993). significantly affected (HRS, chapt. 343). fruits of some native plants, especially Three species of introduced plants If it is found that an action will have a those with large, fleshy fruits. Many threaten Delissea undulata. The historic significant effect, preparation of a full native Hawaiian plants produce their native flora of Hawaii consisted of about Environmental Impact Statement under fruit over an extended period of time, 1,000 species, 89 percent of which were and this produces a prolonged food State law is required. Hawaii endemic. Of the total native and supply that supports rodent environmental policy and, thus, naturalized Hawaiian flora of 1,817 populations. It is probable that rats approval of land use, is required by law species, 47 percent were introduced damage the fleshy fruit of Delissea to safeguard ‘‘* * * the State’s unique from other parts of the world and nearly undulata. Introduced game birds also natural environmental characteristics 100 species have become pests (Smith may eat the fruits (J. Giffin, in litt. 1993). ** *’’ (HRS, sect. 344–3(1)) and 1985, Wagner et al. 1990). Naturalized, Little is known about the predation of includes guidelines to ‘‘protect introduced species degrade the rare Hawaiian plants by slugs. Predation endangered species of individual plants Hawaiian landscape and compete with by slugs on plant parts of Delissea and animals * * *’’ (HRS, sect. 344– native plants for space, light, water, and undulata has been observed by field 4(3)(A)). Despite provisions for nutrients (Cuddihy and Stone 1990). botanists (M. Bruegmann, in litt. 1994). conserving endemic resources, Some of these species were brought to The effect of slugs on the decline of this individual rare species may be Hawaii by various groups of people, and related species is unclear, although overlooked during consideration of including the Polynesian immigrants, slugs may pose a threat to this species, other land use priorities. for food or cultural reasons. Plantation because they feed on the stems and may Hawaii’s endangered species act owners, alarmed at the reduction of eat the fruit before germination can states, ‘‘Any species of aquatic life, water resources for their crops caused occur, reducing the vigor of the plants wildlife, or land plant that has been by the destruction of native forest cover and limiting the number of seeds for determined to be an endangered species by grazing feral animals, supported the germination. While seeds produced on pursuant to the [Federal] Endangered introduction of alien tree species for the wild plant and outplanted Species Act shall be deemed to be an reforestation. Ranchers intentionally individuals are viable, no germination endangered species under the introduced pasture grasses and other has been observed in the wild (M. provisions of this chapter * * *’’ (HRS, species for agriculture, and sometimes Bruegmann, in litt. 1994, J. Giffin, pers. sect. 195D–4(a)). Therefore, Federal inadvertently introduced weed seeds as comm. 1994). listing automatically invokes listing well. Other plants were brought to D. The inadequacy of existing under Hawaii State law. State law Hawaii for their potential horticultural regulatory mechanisms. The only prohibits cutting, collecting, uprooting, value (Cuddihy and Stone 1990, known wild Delissea undulata occurs destroying, injuring, or possessing any Wenkam 1969). 53128 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

Passiflora mollissima (banana poka), a the amount of native vegetation after regulations (50 CFR 424.12(a)(1)) state woody vine, poses a serious problem to each fire. Fire can destroy dormant that designation of critical habitat is not mesic forests, in which Delissea seeds as well as mature plants and prudent when one or both of the undulata primarily grows, on Kauai and seedlings, even in steep or inaccessible following situations exist—(1) The Hawaii by covering trees, reducing the areas (Cuddihy and Stone 1990). The species is threatened by taking or other amount of light that reaches trees as only known wild individual of Delissea human activity, and identification of well as understory, and causing damage undulata occurs in an area heavily critical habitat can be expected to and death to trees by the weight of the grazed by cattle, and is offered some increase the degree of threat to the vines. Animals, especially feral pigs, eat protection from fires since the cattle species, or (2) such designation of the fruit and distribute the seeds reduce the fuel load of P. clandestinum. critical habitat would not be beneficial (Cuddihy and Stone 1990, Escobar However, fire remains a potentially to the species. 1990). P. mollissima is a threat to D. serious threat to the only known wild Such a determination would provide undulata and its habitat (J. Giffin, in litt. individual of D. undulata, its potential no additional protection to Delissea 1993). regeneration, and other suitable habitat undulata and could increase the degree Senecio mikanioides (German ivy) is (J. Giffin, in litt. 1993). of threat to the species. The extant another vine that poses a serious threat The Service has carefully assessed the population is on State land; State to mesic and dry forests on Hawaii. It is best scientific and commercial government agencies can be alerted to becoming established on Maui as well. information available regarding the past, the presence of the plant without the Senecio mikanioides may be capable of present, and future threats faced by publication of critical habitat establishing itself over vast areas of the Delissea undulata in determining to descriptions and maps. The publication island of Hawaii, including most of make this rule final. Based on this of such descriptions and maps would Hualalai. The vine covers the forest evaluation, this rulemaking will list D. potentially increase the degree of threats canopy, which can result in structural undulata as endangered. Only one wild from taking or vandalism because a live damage and the reduction of available individual of this species is known to specimen of D. undulata would be of light. Senecio mikanioides also can form exist, and it is threatened by habitat interest to curiosity seekers or collectors a significant ground cover in native degradation by feral ungulates and alien of rare plants. Although taking by forests of the southern Kona region of plants, fire, and lack of legal protection. humans is not currently a primary Hawaii where it may limit native plant The seeds produced on the wild plant threat, listing D. undulata is likely to reproduction (Cuddihy and Stone 1990). and the outplanted individuals are substantially increase interest in the Senecio mikanioides threatens Delissea viable but no germination has been plant, thus increasing the threat from undulata and its habitat (J. Giffin, in litt. observed in the wild. Small population human disturbance. All involved parties 1993). size makes this species particularly and landowners have been notified of Pennisetum clandestinum (Kikuyu vulnerable to reduced reproductive the importance of protecting this grass), an aggressive, fire adapted, vigor and/or extinction from stochastic species’ habitat. In addition, protection perennial grass introduced to Hawaii as events. Because this species is in danger of the species’ habitat will be addressed a pasture grass, withstands trampling of extinction throughout all of its range, through the recovery planning process. and grazing and has naturalized on four it fits the definition of endangered as Furthermore, the limited protections Hawaiian Islands in dry to mesic forest. defined in the Act. added by designating critical habitat are It produces thick mats which choke out provided by section 7 of the Act, which Critical Habitat other plants and prevent their seedlings applies only to actions by Federal from becoming established. It has been Critical habitat is defined in section 3 agencies. There are no known Federal declared a noxious weed by the U.S. of the Act as—(i) the specific areas activities within the currently known Department of Agriculture (7 CFR 360) within the geographical area occupied habitat of this species. Therefore, the (O’Connor 1990, Smith 1985). by a species, at the time it is listed in Service finds that designation of critical Because Hawaiian plants were accordance with the Act, on which are habitat for this species is not prudent at subjected to fire during their evolution found those physical or biological this time, because such designation only in areas of volcanic activity and features (I) essential to the conservation would increase the degree of threat from from occasional lightning strikes, they of the species and (II) that may require vandalism, collecting, or other human are not adapted to recurring fire regimes special management consideration or activities and because it is unlikely to and do not recover quickly following a protection; and (ii) specific areas aid in the conservation of this species. fire. Fires may result from natural outside the geographical area occupied causes, or they may be accidentally or by a species at the time it is listed, upon Available Conservation Measures purposely set by people. Vegetation on a determination that such areas are Conservation measures provided to the slopes of Hualalai is particularly essential for the conservation of the species listed as endangered or vulnerable to fire due to the extensive species. ‘‘Conservation’’ means the use threatened under the Endangered invasion of P. clandestinum. Alien of all methods and procedures needed Species Act include recognition, plants are often better adapted to fire to bring the species to the point at recovery actions, requirements for than native plant species, and some fire- which listing under the Act is no longer Federal protection, and prohibitions adapted grasses have become necessary. against certain activities. Recognition widespread in Hawaii. Native shrubland Section 4(a)(3) of the Act, as through listing can result in can thus be converted to land amended, and implementing regulations conservation actions by Federal, State, dominated by alien grasses. The (50 CFR 424.12) require that, to the and local agencies, private presence of such species in Hawaiian maximum extent prudent and organizations, and individuals. Harold ecosystems greatly increases the determinable, the Secretary should L. Lyon Arboretum of the University of intensity, extent, and frequency of fire, designate critical habitat at the time a Hawaii at Manoa is propagating seeds especially during drier months or species is determined to be endangered collected from the one remaining drought. Many fire-adapted alien or threatened. The Service finds that individual as part of an ex situ species can quickly reestablish in designation of critical habitat is not conservation program. The Arboretum burned areas, resulting in a reduction in prudent for Delissea undulata. Service has over 400 seedlings growing as part Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53129 of this conservation program, and has removal, cutting, digging up, or species of plant on State or private land, sent approximately 50 individuals to the damaging or destroying of such plants or attempting to engage in any such State’s Hawaii forestry district for in knowing violation of any State law or conduct. The State law encourages experimental outplanting in the Puu regulation, including State criminal conservation of such species by State Waawaa area. Several outplanted trespass law. Certain exceptions apply agencies and triggers other State individuals have produced seed after to agents of the Service and State regulations to protect the species (HRS, only two years, although no seedlings conservation agencies. The Act and 50 sect. 195D–4 and 5). have been produced by these outplanted CFR 17.62 and 17.63 also provide for National Environmental Policy Act individuals (Charles H. Lamoureux, the issuance of permits to carry out Harold L. Lyon Arboretum at University otherwise prohibited activities The Fish and Wildlife Service has of Hawaii, pers. comm. 1993; J. Giffin, involving endangered plants under determined that Environmental pers. comms. 1993, 1994). The Act certain circumstances. Such permits are Assessments and Environmental Impact provides for possible land acquisition available for scientific purposes and to Statements, as defined under the and cooperation with State agencies and enhance the propagation and survival of authority of the National Environmental requires that recovery actions be carried the species. It is anticipated that few 50 Policy Act of 1969, need not be out for all listed species. Since Delissea CFR 17.63 permits relating to economic prepared in connection with regulations undulata is known to occur on State hardship would ever be sought or issued adopted pursuant to section 4(a) of the land, cooperation between Federal and because the species is uncommon in Endangered Species Act of 1973, as State agencies is necessary to provide cultivation and is very rare in the wild. amended. A notice outlining the for its conservation. The protection It is the policy of the Service (59 FR Service’s reasons for this determination required of Federal agencies and the 34272) to identify to the maximum was published in the Federal Register prohibitions against certain activities extent practicable at the time a species on October 25, 1983 (48 FR 49244). is listed those activities that would or involving listed plants are discussed, in Required Determinations part, below. would not constitute a violation of Section 7 of the Act, as amended, section 9 of the Act. Such information The Service has examined this requires Federal agencies to evaluate is intended to clarify the potential regulation under the Paperwork their actions with respect to any species impacts of a species’ listing on proposed Reduction Act of 1995 and found it to that is proposed or listed as endangered and ongoing activities within the contain no information collection or threatened. Regulations species’ range. The only known wild requirements. This rulemaking was not implementing this interagency individual of Delissea undulata occurs subject to review by the Office of cooperation provision of the Act are on State land. Collection, damage, or Management and Budget under codified at 50 CFR part 402. Section destruction of this species on State land Executive Order 12866. would constitute a violation of section 7(a)(4) requires Federal agencies to References Cited confer with the Service on any action 9 if conducted in knowing violation of that is likely to jeopardize the continued Hawaii State law or regulations or in A complete list of all references cited existence of a species proposed for violation of a State criminal trespass law herein, as well as others, is available listing. If a species is listed (see Hawaii State Law section below). upon request from the Ecoregion subsequently, section 7(a)(2) requires Damage or destruction of the last known Manager, Pacific Islands Ecoregion individual of this species via vandalism, Federal agencies to insure that activities Office (see ADDRESSES section). arson fire, domestic cattle, feral they authorize, fund, or carry out are not ungulates, or as a result of the deliberate Author likely to jeopardize the continued introduction of plant predators or The primary author of this final rule existence of the species. If a Federal pathogens that attack this species could is Marie M. Bruegmann of the Pacific action may affect a listed species, the be considered such a violation. Islands Ecoregion Office (see responsible Federal agency must enter Requests for copies of the regulations ADDRESSES section). into formal consultation with the regarding listed plants and inquiries Service. No Federal involvement is regarding prohibitions and permits may List of Subjects in 50 CFR Part 17 known or anticipated that would affect be addressed to the U.S. Fish and Endangered and threatened species, Delissea undulata, as the only known Wildlife Service, Ecological Services, Exports, Imports, Reporting and site is on State owned land. Endangered Species Permits, 911 NE recordkeeping requirements, The Act and its implementing 11th Avenue, Portland, Oregon 97232– Transportation. regulations set forth a series of general 4181, telephone (503) 231–6131. prohibitions and exceptions that apply Regulation Promulgation to all endangered plants. All Hawaii State Law Accordingly, part 17, subchapter B of prohibitions of section 9(a)(2) of the Act, Federal listing will automatically chapter I, title 50 of the Code of Federal implemented by 50 CFR 17.61, would invoke listing under the State’s Regulations, is amended as set forth apply to Delissea undulata. These endangered species legislation. Hawaii’s below: prohibitions, in part, make it illegal for Endangered Species Act states, ‘‘Any any person subject to the jurisdiction of species of aquatic life, wildlife, or land PART 17Ð[AMENDED] the United States to import or export, plant that has been determined to be an transport in interstate or foreign endangered species pursuant to the 1. The authority citation for part 17 commerce in the course of a commercial [Federal] Endangered Species Act shall continues to read as follows: activity, sell or offer for sale in interstate be deemed to be an endangered species Authority: 16 U.S.C. 1361–1407; 16 U.S.C. or foreign commerce, or remove and under the provisions of this 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– reduce an endangered plant species to chapter * * *’’ (HRS, sect. 195D–4(a)). 625, 100 Stat. 3500; unless otherwise noted. possession from areas under Federal Therefore, Federal listing will accord 2. Amend section 17.12(h) by adding jurisdiction. In addition, for plants the species listed status under Hawaii the following, in alphabetical order listed as endangered, the Act prohibits State Law. State law prohibits cutting, under FLOWERING PLANTS, to the List the malicious damage or destruction on collecting, uprooting, destroying, of Endangered and Threatened Plants to areas under Federal jurisdiction and the injuring, or possessing any listed read as follows: 53130 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

§ 17.12 Endangered and threatened plants. (h) * * * * * * * *

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

FLOWERING PLANTS ******* Delissea undulata ...... None ...... U.S.A. (HI) ...... Campanulaceae E 593 NA NA *******

Dated: September 19, 1996. SUPPLEMENTARY INFORMATION: leeward (southern) side, decreasing as John G. Rogers, Background elevation decreases, and resulting in Acting Director, Fish and Wildlife Service. diverse leeward communities, from wet [FR Doc. 96–25555 Filed 10–9–96; 8:45 am] Cyanea dunbarii, Lysimachia forests to dry shrub and grasslands. The maxima, and Schiedea sarmentosa are BILLING CODE 4310±55±P average annual rainfall on the leeward endemic to the island of Molokai. This side of East Molokai is between 80 and island, the fifth largest in the Hawaiian 130 cm (30 and 50 in), mostly falling 50 CFR Part 17 island chain, is approximately 61 between November and April. The kilometers (km) (38 miles (mi)) long, up gently sloping to very steep topography to 16 km (10 mi) wide, and encompasses RIN 1018±AD49 of upland regions has predominantly an area of about 688 square (sq) km (266 well drained and medium-textured soils Endangered and Threatened Wildlife sq mi) (Foote et al. 1972, Plasch 1985). (Foote et al.! 1972). Cyanea dunbarii and Plants; Determination of Three shield volcanoes make up most of and Schiedea sarmentosa are found in Endangered Status for Three Plant the land mass of Molokai—West lowland mesic forest and dry shrubland Species (Cyanea dunbarii, Lysimachia Molokai Mountain, East Molokai on the leeward side of the island. maxima, and Schiedea sarmentosa) Mountain, and a volcano that formed With the advent of cattle ranching and from the Island of Molokai, Hawaii Kalaupapa Peninsula (Department of later pineapple cultivation, most of Geography 1983). Molokai can also be Molokai, particularly West Molokai and AGENCY: Fish and Wildlife Service, divided into three major sections—the East Molokai’s southern section, was Interior. west Molokai section, comprising West converted to pasture land. The only ACTION: Final rule. Molokai Mountain; the central Molokai remaining large tracts of native section or Hoolehua Plain formed vegetation are found within the Molokai SUMMARY: The U.S. Fish and Wildlife between the two large mountain masses; Forest Reserve on the upper elevation Service (Service) determines and the east Molokai section, portions of East Molokai. All three plant endangered status pursuant to the incorporating East Molokai Mountain species in this rule are restricted to this Endangered Species Act of 1973, as and Kalaupapa Peninsula (Foote et al. forest reserve (Culliney 1988). The land amended (Act) for three plants: Cyanea 1972). that supports these three plant species dunbarii (haha), Lysimachia maxima The taller and larger East Molokai is owned by various private parties and (No common name (NCN)), and Mountain rises 1,813 meters (m) (4,970 the State of Hawaii (including forest Schiedea sarmentosa (NCN). All three feet (ft)) above sea level (Walker 1990) reserves). The only known populations species are endemic to the island of and comprises roughly 50 percent of the of Lysimachia maxima and Schiedea Molokai, Hawaiian Islands. The three island’s land area. Topographically, the sarmentosa occur on privately owned plant species and their habitats have windward side of East Molokai differs land. The only known population of been variously affected or are currently from the leeward side. Precipitous cliffs Cyanea dunbarii occurs on State land. threatened by one or more of the line the northern windward coast with Discussion of the Three Species following—competition, predation, or deep inaccessible valleys dissecting the Included in This Final Rule habitat degradation from introduced coastline. The annual rainfall on the species; fire; and natural disasters. This windward side is 200 to over 375 Cyanea dunbarii was first described rule implements the Federal protection centimeters (cm) (75 to over 150 inches by Joseph F. Rock, who named it in and recovery provisions afforded by the (in)), distributed throughout the year. honor of the collector, L.M. Dunbar Act for these three species. The soils are poorly drained and high in (Rock 1919). Harold St. John (1987a, St. organic matter. The gulches and valleys John and Takeuchi 1987) merged EFFECTIVE DATE: This rule takes effect November 12, 1996. are usually very steep, but sometimes Cyanea with Delissea, the genus with gently sloping (Foote et al. 1972). Much priority. Lammers (1990) retained both ADDRESSES: The complete file for this of the native vegetation on the northern genera in the currently accepted rule is available for public inspection, part of East Molokai is intact because of treatment of the family. by appointment, during normal business its relative inaccessibility to humans Cyanea dunbarii, a member of the hours at the Pacific Islands Ecoregion and animals (Culliney 1988), although bellflower family (Campanulaceae), is a Office, U.S. Fish and Wildlife Service, destructive ungulates have begun to branched shrub 1.5 to 2 m (4.9 to 6.6 ft) 300 Ala Moana Boulevard, Room 3108, enter the coastline in recent years (Joel tall. The oval to broadly elliptic leaves P.O. Box 50088, Honolulu, Hawaii Lau, Hawaii Heritage Program (HHP), are 10 to 22 cm (3.9 to 8.7 in) long and 96850. pers. comm. 1990). Lysimachia maxima 6 to 14 cm (2.4 to 5.5 in) wide, with FOR FURTHER INFORMATION CONTACT: is found in windward wet forest. irregularly lobed or cleft margins. The Brooks Harper, Field Supervisor (see Although Molokai’s windward side flowers are arranged in groups of six to ADDRESSES section) (telephone 808/541– receives most of the island’s rainfall, eight on a stalk that is 3 to 7 cm (1.2 3441; facsimile 808/541–3470). some falls onto the upper slopes of the to 2.8 in) long. The corolla is white, Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53131 tinged or striped with pale lilac and 30 that L. maxima is the correct name for to 18 in) tall. The opposite leaves are to 38 mm (1.2 to 1.5 in) long. The this species (Ken Marr, University of slender and threadlike, 1.5 to 4.5 cm corolla is slightly curved, with British Columbia, in litt. 1994). (0.6 to 1.8 in) long, and 0.5 to 1.5 mm spreading lobes three-fourths as long as Lysimachia maxima, a member of the (0.01 to 0.05 in) wide. The leaves are the tube. This species is distinguished primrose family (Primulaceae), is a covered with dense, glandular hairs. from others in this endemic Hawaiian sprawling shrub with reddish brown There may be as many as 40 to 60 genus by the lack of prickles on the bark. The leaves, borne in groups of inflorescences on one plant, often with stems and the irregularly lobed and cleft three along the stems, are oval with the 50 to 100 flowers in each inflorescence. leaf margins (Lammers 1990). broadest portion at the tip of the leaves. The flowers are female on some plants Cyanea dunbarii was collected in The leaves are 3.8 to 8 cm (1.5 to 3 in) and bisexual on others. The green sepals 1918 at Waihanau and Waialae valleys, long and 1.8 to 5 cm (0.7 to 2 in) wide. are egg-shaped, 2 to 3 mm (0.07 to 0.12 and was not observed again until 1992, The upper surface of the leaves has a in) long, and somewhat hairy. The when Joel Lau of HHP found it in few scattered hairs when young and the staminodes (false stamens) are half as Mokomoko Gulch (HHP 1993a1 to lower surface is sparsely covered with long as the sepals and two-branched at 1993a3, Rock 1919, Wimmer 1943). long, soft, rusty hairs when young. The the tip. The fruits are oval capsules. Approximately 15 to 20 mature plants corolla is purplish-yellow, bell-shaped, This species differs from others in this are known from this population, which and about 10 to 12 mm (0.4 to 0.5 in) endemic Hawaiian genus by its densely occurs on State-owned land within long. This species is differentiated from bushy habit, leaf width, hairiness, and Molokai Forest Reserve, at an elevation others in this genus by the leaves borne staminode length (Sherff 1946; S. Weller of 685 m (2,250 ft) (HHP 1993a3; Loyal in groups of three, the broadest portion and W. Wagner, in litt., 1994). Mehrhoff, U.S. Fish and Wildlife of the leaf above the middle, and rusty Schiedea sarmentosa has been found Service, in litt., 1994). Cyanea dunbarii hairs that disappear with maturity in Kawela Gulch, Makolelau, and Onini is found in mesic to wet Dicranopteris (Wagner et al. 1990). Gulch (HHP 1991b, 1993b; HPCC 1991b, linearis (uluhe)-Metrosideros Lysimachia maxima is only known 1992; Sherff 1946; J. Lau, HHP, in litt. polymorpha (’ohi’a) forest on moderate from one population on the rim of 1994). Currently, only two populations to steep slopes along a stream (HHP Pelekunu Valley near Ohialele, on are known. One population at the 1993a3; L. Mehrhoff, in litt. 1994). TNC’s Pelekunu Preserve immediately boundary of TNC’s Kamakou Preserve in Associated species include Perrottetia adjacent to State-owned land managed Onini Gulch has approximately 30 sandwicensis (olomea), Pipturus albidus as part of Kalaupapa National Historical individuals (HHP 1993b). The other (mamaki), Clermontia kakeana (haha), Park (HHP 1991a, Hawaii Plant population occurs on privately owned Cheirodendron trigynum (’olapa), and Conservation Center (HPCC) 1991a, land in Makolelau, and consists of 4 Freycinetia arborea (’ie’ie) (L. Mehrhoff, Hillebrand 1888, Pax and Knuth 1905, subpopulations totaling approximately in litt., 1994). The major threats to Wagner et al. 1990). Approximately 20 300 to 400 individuals (Steve Perlman, Cyanea dunbarii are competition with to 40 individuals are currently known HPCC, and S. Weller, pers. comms. the alien plants Rubus rosifolius (L. Mehrhoff, in litt. 1994). This species 1994). Estimates of the total number of (thimbleberry), Commelina diffusa occurs in ’ohi’a-uluhe montane wet individuals have ranged up to 1,000 (J. (honohono), Hedychium sp. (ginger), forest at an elevation of 975 m (3,200 ft). Lau, HHP, pers. comm. 1994). An and Kalanchoe pinnata (air plant); and Associated species include Psychotria accurate count is somewhat difficult a risk of extinction from naturally sp. (kopiko), Vaccinium sp. (ohelo), because this species is interspersed with occurring events (such as landslides or Hedyotis sp. (manono), Dubautia sp. Schiedea lydgatei (Steve Perlman, flooding) and/or reduced reproductive (na’ena’e), and Ilex anomala (kawa’u) HPCC, and S. Weller, pers. comms. vigor due to the small number of (HPCC 1991a; L. Mehrhoff, in litt. 1994). 1994). Schiedea sarmentosa is typically individuals in the only known The major threats to Lysimachia found on steep slopes in ’ohi’a- population (HHP 1993a3; L. Mehrhoff, maxima are landslides and the risk of Dodonaea viscosa (’a’ali’i) lowland dry in litt. 1994). Rats (Rattus spp.) are a extinction from naturally occurring or mesic shrubland between 610 and potential threat since they are known to events and/or reduced reproductive 790 m (2,000 and 2,600 ft) elevation be in the area and eat stems and fruits vigor due to the small number of (HHP 1991b, 1993b; HPCC 1991b, 1992). of other species of Cyanea (Cuddihy and individuals in the only known Associated species include Styphelia Stone 1990). Axis deer (Axis axis) and population (HPCC 1991a; L. Mehrhoff, tameiameiae (pukiawe), Chenopodium pigs (Sus scrofa) are potential threats to in litt. 1994). Pigs and goats are known oahuensis (’aheahea), Alyxia oliviformis this species, since they are known to from adjacent areas and pose a potential (maile), Pleomele sp. (hala pepe), and occur in areas adjacent to the only threat to this species (L. Mehrhoff, in Chamaesyce sp. (’akoko) (HHP 1993b; known population (L. Mehrhoff, in litt., litt. 1994). HPCC 1991b, 1992). Major threats to 1994; Ed Misaki, The Nature In 1928, Otto Degener collected a Schiedea sarmentosa include feral goats Conservancy (TNC), pers. comm., 1991). plant on Molokai that E.E. Sherff (1946) and pigs, the alien plants Melinis William Hillebrand considered a later named Schiedea sarmentosa. minutiflora (molasses grass) and Ricinus plant he collected in Pelekunu Valley in Schiedea sarmentosa was included in communis (castor bean), and fire. The the 1800’s to be a new variety of Schiedea menziesii by Wagner et al. species is also threatened by a risk of Lysimachia hillebrandii (Hillebrand (1990). Warren Wagner and Stephen extinction from naturally occurring 1888). In 1905, R. Knuth named Weller, who are preparing a monograph events due to the low number of Hillebrand’s specimen Lysimachia of the genus, now consider S. populations (J. Lau, in litt. 1994; S. hillebrandii var. maxima (Pax and sarmentosa to be a separate species Perlman, pers. comm. 1994). Knuth 1905). St. John (1987b) elevated (Warren Wagner, Smithsonian the variety to a species, Lysimachia Institution, and Stephen Weller, Previous Federal Action ternifolia. Wagner et al. (1990) called University of California, Irvine, in litt. Federal government action on these this taxon Lysimachia maxima. An 1994). plants began when the Service ongoing revision of the genus has Schiedea sarmentosa, a member of published a revised notice of review in determined that L. ternifolia is an the pink family (Caryophyllaceae), is a the Federal Register (55 FR 6183) on invalidly published name and concurs many-branched shrub 30 to 45 cm (12 February 21, 1990, of native plants 53132 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations considered for listing under the Act. Summary of Factors Affecting the individuals allowed large-scale Lysimachia maxima (as L. ternifolia) Species agricultural and ranching ventures to and Schiedea sarmentosa (as S. Section 4 of the Endangered Species begin. So much land was cleared for menziesii) were included as Category 2 Act and regulations (50 CFR part 424) these enterprises that climatic candidate species. Category 2 promulgated to implement the listing conditions began to change, and the candidates were those for which listing provisions of the Act set forth the amount and distribution of rainfall were as endangered or threatened was procedures for adding species to the altered (Wenkam 1969). Plantation possibly appropriate, but for which Federal lists. A species may be owners supported reforestation sufficient data on biological determined to be an endangered or programs that resulted in many alien vulnerability and threats was not threatened species due to one or more trees being introduced in the hope that the watershed could be conserved. currently available to support proposed of the five factors described in section rules. Lysimachia maxima (as L. Beginning in the 1920’s, water 4(a)(1). These factors and their ternifolia) and Schiedea sarmentosa (as collection and diversion systems were application to Cyanea dunbarii Rock S. menziesii) were also included as constructed in upland areas to irrigate (haha), Lysimachia maxima (R. Knuth) Category 2 candidates in the September lowland fields, and this undoubtedly St. John (NCN), and Schiedea 30, 1993 (58 FR 51144) notice of review. destroyed individuals and populations sarmentosa Degener & Sherff (NCN) are A proposed rule to list Cyanea dunbarii, of native plants. The irrigation system as follows: Lysimachia maxima and Schiedea also opened new routes for the invasion A. The present or threatened sarmentosa as endangered was of alien plants and animals into native destruction, modification, or published on October 2, 1995 (60 FR forests (Cuddihy and Stone 1990, curtailment of their habitat or range. 51436) and the February 28, 1996 (61 FR Culliney 1988, Wagner et al. 1990, The habitats of the plants included in 7596) notice of review listed all three Wenkam 1969). this rule have undergone extreme species as proposed for endangered Past and present activities of alteration because of past and present status. introduced alien mammals are the Based on comments and land management practices, including primary factor in altering and degrading recommendations received in response deliberate alien animal and plant vegetation and habitats on Molokai. to the proposal (see Comments and introductions, agricultural development, Feral ungulates trample and eat native Recommendations, below), the Service and recreational use. Natural vegetation and disturb and open areas. now determines these three plant disturbances such as storms and This causes erosion and allows the entry species to be endangered with landslides also destroy habitat and can of alien plant species (Cuddihy and publication of this rule. have a significant effect on small Stone 1990, Wagner et al. 1990). While populations of plants. Destruction and only one of the species in this rule is Summary of Comments and modification of habitat by introduced directly threatened by habitat Recommendations animals pose serious threats to one of degradation resulting from introduced In the October 2, 1995 proposed rule the species in this rule and pose serious ungulates, goats, deer, and pigs are and associated notifications, all potential threats in the event that these known to occur in adjacent areas and interested parties were requested to introduced animals spread to portions pose a serious potential threat if they submit factual reports or information of Molokai where the other species spread to the areas where the other two that might contribute to the occur (See Table 1.). species occur. development of a final listing decision. When Polynesian immigrants settled The goat (Capra hircus), a species The public comment period ended on in the Hawaiian Islands, they brought originally native to the Middle East and December 1, 1995. Appropriate State water-control and slash-and-burn India, was successfully introduced to agencies, county governments, Federal systems of agriculture and encouraged the Hawaiian Islands in 1792. Currently agencies, scientific organizations, and plants that they introduced to grow in populations exist on Molokai and four other interested parties were contacted valleys. These land use practices other islands. On Molokai, feral goats and requested to comment. Newspaper resulted in erosion, changes in the degrade dry forests and are now notices inviting public comment were composition of native communities, and invading the wetter regions along the published in ‘‘The Garden Island’’ on a reduction of biodiversity (Cuddihy northern coast of East Molokai (Stone October 19, 1995, the ‘‘Maui News’’ on and Stone 1990, Kirch 1982, Wagner et 1985; J. Lau, pers. comm. 1990). Goats October 20, 1995, the ‘‘Kauai Times’’ on al. 1985). Hawaiians settled and altered are managed in Hawaii as a game animal October 18, 1995, the ‘‘Hawaii Tribune- many areas of Molokai, including areas and goat hunting is allowed year-round Herald’’ on October 18, 1995, and the in which some of the species in this or during certain months, depending on ‘‘Honolulu Advertiser’’ on October 20, final rule grew. Many forested slopes the area (Hawaii Department of Land 1995. were denuded in the mid-1800’s to and Natural Resources (DLNR) n.d.-a, Comments were received from three supply firewood to whaling ships, n.d.-b, n.d.-c, 1988). Goats browse on parties. All three parties expressed plantations, and island residents. Native introduced grasses and native plants, support for the proposed listing. No plants were undoubtedly affected by especially in drier and more open additional information was offered. these practices. Also, sandalwood and ecosystems. Feral goats trample roots Pursuant to the Service’s policy on tree fern harvesting occurred in many and seedlings, cause erosion, and peer review (59 FR 34270), the expert areas, changing forest composition and promote the invasion of alien plants. opinions of three appropriate and affecting native species (Cuddihy and They are able to forage in extremely independent specialists were also Stone 1990). rugged terrain and have a high solicited regarding pertinent scientific Beginning with Captain James Cook in reproductive capacity (Culliney 1988, or commercial data and assumptions 1792, early European explorers Cuddihy and Stone 1990, Scott et al. relating to the taxonomy, population introduced livestock, which became 1986, Tomich 1986, van Riper and van models, and supportive biological and feral, increased in number and range, Riper 1982). Although northeastern ecological information for these three and caused significant changes to the Molokai is considered one of the most species. A response was received from natural environment of Hawaii. The remote and inaccessible places in the one peer reviewer. 1848 provision for land sales to main Hawaiian islands, the vegetation Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53133 there is predominantly exotic (Culliney degrade the habitat by trampling, excessive visits by individuals 1988). The replacement of native consuming, and overgrazing vegetation, interested in seeing rare plants could vegetation is attributed to the large which removes ground cover, exposing seriously impact Cyanea dunbarii and number of goats. Due to their agility, the soil to erosional action (J. Lau, pers. Lysimachia maxima, both of which are goats are able to reach vegetation not comm. 1990). Alien plant species are known from single populations with usually accessible to other animals then able to exploit the newly disturbed less than 20 individuals each. Collection (Culliney 1988). Goats are a threat to the areas. of whole plants or reproductive parts of larger population of Schiedea A large portion of the axis deer these two species could threaten their sarmentosa and a potential threat to the population on Molokai has been survival. Cyanea dunbarii and Schiedea only known population of Lysimachia actively managed for recreational sarmentosa have populations close to maxima, since they may invade the area hunting by the Hawaii Division of trails or roads and are, thus, easily where this taxon occurs (L. Mehrhoff, in Forestry and Wildlife since 1959. At accessible to collectors. The three litt. 1994; S. Perlman, pers. comm. present, five of the seven managed species are, therefore, potentially 1994). hunting areas on Molokai are within the threatened by overcollection (HHP The pig (Sus scrofa) is a species Molokai Forest Reserve. Many areas lack 1993a3; HPCC 1991b, 1992; J. Lau, in originally native to Europe, northern maintained boundary fences that would litt. 1994). Africa, Asia Minor, and Asia. European prevent deer from entering more fragile C. Disease or Predation. Browsing pigs, introduced to Hawaii by Captain habitats to the north (Cuddihy et al. damage by goats and/or deer is a James Cook in 1778, became feral and 1982) and non-game areas to the east. potential threat to the species in this invaded forested areas, especially wet Recently, axis deer have begun to enter rule in the event that these ungulates, and mesic forests and dry areas at high the windward valleys and northern present in areas adjacent to these elevations. They are currently present coastline of East Molokai where they species, invade the population sites on Molokai and four other islands, and were not previously observed (J. Lau, (Cuddihy et al. 1982; J. Lau, in litt. 1994; inhabit rain forests and grasslands. Pig pers. comm. 1990). Axis deer have been E. Misaki, pers. comm. 1991). hunting is allowed on all islands either observed in areas south of the only Of the four species of rodents that year-round or during certain months, known population of Cyanea dunbarii, have been introduced to the Hawaiian depending on the area (DLNR n.d.-a, and pose a potential threat to this Islands, the species with the greatest n.d.-b, n.d.-c, 1988). While rooting in species (E. Misaki, pers. comm., 1991). impact on the native flora and fauna is the ground in search of the invertebrates Although not a direct threat at present probably Rattus rattus (black or roof and plant material to eat, feral pigs to the plant species in this rule, cattle rat), which now occurs on all the main disturb and destroy vegetative cover, (Bos taurus) ranching on Molokai has Hawaiian Islands around human trample plants and seedlings, and played a significant role over most of habitations, in cultivated fields, and in threaten forest regeneration by the past 150 years by reducing areas of dry to wet forests. Black rats and to a damaging seeds and seedlings. They native vegetation to vast pastures of lesser extent Mus musculus (house disturb soil and cause erosion, alien grasses (Cuddihy and Stone 1990, mouse), Rattus exulans (Polynesian rat), especially on slopes. Alien plant seeds Pekelo 1973, Stone 1985). In 1960, and R. norvegicus (Norway rat) eat the are dispersed on their hooves and coats approximately 61 percent of Molokai’s fruits of some native plants, especially as well as through their feces (Cuddihy land area was devoted to grazing, those with large, fleshy fruits. Many and Stone 1990, Scott et al. 1986, Stone primarily the lower elevation dry to native Hawaiian plants produce their 1985, Tomich 1986, Wagner et al. 1990). mesic forests, shrublands, and fruit over an extended period of time, Feral pigs pose an immediate threat to grasslands of west and central Molokai and this produces a prolonged food Schiedea sarmentosa and a potential (Baker 1961). Cattle degraded the habitat supply that supports rodent threat to Cyanea dunbarii and by trampling and feeding on vegetation, populations. Black rats strip bark from Lysimachia maxima. If not controlled, eventually opening up the ground cover some native plants. Rats are known to habitat degradation by pigs may become and exposing the soil, increasing its damage the stems and eat fruit of a significant problem to the only known vulnerability to erosion (Cuddihy and Cyanea species and are therefore a populations of the latter two species (L. Stone 1990, Lindgren 1908, Pekelo potential threat to Cyanea dunbarii Mehrhoff, in litt. 1994; S. Perlman, pers. 1973). Because of this alteration of (Cuddihy and Stone 1990; Tomich comm. 1994). vegetation, natural areas became limited 1986). Of the ungulates that have become to the upper elevation mesic to wet D. The inadequacy of existing established on Molokai during the past forests of East Molokai, where the State regulatory mechanisms. The only 150 years, the axis deer (Axis axis) has designated a single protected area—the known population of Lysimachia probably had the greatest impact on the Molokai Forest Reserve. One of the maxima occurs on TNC’s Pelekunu native vegetation. Eight axis deer, species in this rule is restricted to this Preserve, and the two known introduced to Molokai in 1868, forest reserve, which occupies about 30 populations of Schiedea sarmentosa increased to thousands of animals by percent of Molokai’s land area (Baker occur on TNC’s Kamakou Preserve. The the 1960’s (Culliney 1988, Graf and 1961). only known population of Cyanea Nichols 1966, Tomich 1986). By the Substrate loss due to agriculture, dunbarii occurs on State land, within turn of the century, these deer had grazing animals (especially goats), Molokai Forest Reserve. All three of the occupied much of the dry to mesic hikers, and alteration of vegetation species are located on land classified lowland areas and were also found in results in habitat degradation and loss. within conservation districts. Regardless the wet forests of East Molokai, where This particularly affects plant of the owner, lands in these districts, herds so damaged the vegetation that populations vulnerable to landslides on among other purposes, are regarded as professional hunters were hired to cliffs or steep slopes, including all three necessary for the protection of endemic control their numbers (Culliney 1988, species in this rule. biological resources and the Graf and Nichols 1966, van Riper and B. Overutilization for commercial, maintenance or enhancement of the van Riper 1982). The native vegetation recreational, scientific, or educational conservation of natural resources. has suffered irreparable damage from purposes. Unrestricted collecting for Activities permitted in conservation overgrazing by these animals. Deer scientific or horticultural purposes and districts are chosen by considering how 53134 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations best to make multiple use of the land In addition, State law contains al. 1990). This shrub threatens the only (Hawaii Revised Statutes (HRS), sect. provisions requiring consideration of known population of Cyanea dunbarii 205–2). Some uses, such as maintaining endangered plants in certain State or (L. Mehrhoff, in litt. 1994). animals for hunting, are based on policy county agency actions that would be Kalanchoe pinnata (air plant) is an decisions, while others, such as triggered by listing under the Federal herb that occurs on all the main islands preservation of endangered species, are ESA (See Guidelines to ‘‘Protect except Niihau and Kahoolawe, mandated by both Federal and State endangered species of indigenous plants especially in dry to mesic areas (Wagner laws. Requests for amendments to and animals.’’ HRS, sect. 344–4(3)(A)). et al. 1990). Air plant is a threat to the district boundaries or variances within State laws relating to the conservation of only known population of Cyanea existing classifications can be made by biological resources allow for the dunbarii (L. Mehrhoff, in litt. 1994). government agencies and private acquisition of land as well as the Ricinus communis (castor bean) landowners (HRS, sect. 205–4). Before development and implementation of became naturalized in Hawaii prior to decisions about these requests are made, programs concerning the conservation 1819. Castor bean is found on all the the impact of the proposed of biological resources (HRS, sect. main islands of Hawaii in low elevation, reclassification on ‘‘preservation or 195D–5(a)). The State also may enter dry, disturbed habitats (Wagner et al. maintenance of important natural into agreements with Federal agencies 1990). Castor bean is a threat to the two systems or habitats’’ (HRS, sects. 205–4, to administer and manage any area populations of Schiedea sarmentosa 205–17) as well as the maintenance of required for the conservation, (HPCC 1991b, 1992). natural resources is required to be taken management, enhancement, or Two species of Hedychium (ginger) into account (HRS, sects. 205–2(e), 205– protection of endangered species (HRS, were introduced to Hawaii in the late 4). However, the species in this rule are sect. 195D–5(c)). With the listing of 1800’s, probably by Chinese immigrants. not presently protected as endangered these three species, funds for these Both species escaped from cultivation species under the State’s endangered activities could be made available under and are found in lowland wet and mesic species provisions, and, despite section 6 of the Act (State Cooperative forests on most of the main Hawaiian islands. These large, vigorous herbs provisions for conserving endemic Agreements). The Hawaii DLNR is mainly reproduce vegetatively, forming resources, individual rare species may mandated to initiate changes in very dense stands that exclude all other be overlooked during consideration of conservation district boundaries to growth (Cuddihy and Stone 1990, other land use priorities. include ‘‘the habitat of rare native Wagner et al. 1990). Hedychium Before any proposed change in land species of flora and fauna within the conservation district’’ (HRS, sect. 195D– threatens the only known population of use occurs on State land, is funded in Cyanea dunbarii (L. Mehrhoff, in litt. part or in whole by county or State 5.1). E. Other natural or manmade factors 1994). funds, or will occur within lands affecting their continued existence. Six Commelina diffusa (honohono) is an classified as conservation districts, an species of introduced plants directly annual herb native to the Old World environmental assessment is required to threaten populations of one or more of tropics. It has become widely determine whether or not the the species in this rule. The original naturalized and is found in disturbed environment will be significantly native flora of Hawaii consisted of about mesic and wet forests and other affected (HRS, chapt. 343). If it is found 1,000 species, 89 percent of which were disturbed sites on all of the main that an action will have a significant endemic. Of the total of 1,817 species of Hawaiian islands except Niihau and effect, preparation of a full native and naturalized Hawaiian flora, Kahoolawe (Wagner et al. 1990). This Environmental Impact Statement is 47 percent were introduced from other species is a threat to the only known required. Hawaii environmental policy parts of the world. Nearly 100 of these population of Cyanea dunbarii (L. and, thus, approval of land use, is species have become pests (Smith 1985, Mehrhoff, in litt. 1994). intended to safeguard ‘‘* * * the State’s Wagner et al. 1990). Naturalized, Several hundred species of grasses unique natural environmental introduced species degrade the have been introduced to the Hawaiian characteristics * * *’’ (HRS, sect. 344– Hawaiian landscape and compete with Islands, many for animal forage. Of the 3(1)). However, despite the existence of native plants for space, light, water, and approximately 100 grass species that such State laws and regulations which nutrients (Cuddihy and Stone 1990). have become naturalized, one species give protection to Hawaii’s native Some of these species were brought to threatens the two populations of plants, their enforcement is difficult due Hawaii by various groups of people, Schiedea sarmentosa. Melinis to limited funding and personnel. including the Polynesian immigrants, minutiflora (molasses grass), a perennial Listing of these three plant species for food or cultural reasons. Plantation grass first brought to Hawaii for cattle will invoke the protection available owners, alarmed at the reduction of fodder and then planted for erosion under the State Endangered Species Act water resources for their crops caused control, is now naturalized in dry to and supplement the protection available by the destruction of native forest cover mesic disturbed areas on most of the under other laws. For example, it is a by grazing feral animals, supported the main Hawaiian Islands. The mats it violation of State law to take, possess, introduction of alien tree species for forms smother other plants, essentially or export an endangered plant species reforestation. Ranchers intentionally preventing seedling growth and native (HRS sect. 195D–4(e)). In turn, pursuant introduced pasture grasses and other plant reproduction. As a fuel for fire, to section 9(a)(2) of the Federal ESA, it species for agriculture and, sometimes molasses grass intensifies the heat and will be a violation of the Act for any inadvertently, introduced weed seeds as carries the fire into areas with woody person to remove, cut, dig up, damage, well. Other plants were brought to plants. Fire is a major threat to native or destroy any such plant(s) in knowing Hawaii for their potential horticultural plant species in dry to mesic habitats, violation of State law or regulation or in value (Cuddihy and Stone 1990, Scott et especially on the leeward slopes of the course of any violation of a State al. 1986, Wenkam 1969). Molokai, where the largest population of criminal trespass law. The lack of Rubus rosifolius (thimbleberry), Schiedea sarmentosa is located (J. Lau, adequate resources to enforce State laws native to Asia, is naturalized in in litt. 1994). The presence of molasses and regulations makes this provision disturbed mesic to wet forest on all of grass greatly enhances the potential and particularly important. the main Hawaiian Islands (Wagner et destructiveness of fires. For example, in Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53135

1988, a human-caused fire consumed known extant population. Two of the dunbarii, Lysimachia maxima, and roughly 38 sq km (15 sq mi) of species in this rule, Cyanea dunbarii Schiedea sarmentosa as endangered. All shrubland and forest from the southern and Lysimachia maxima, are known 3 species either number fewer than 50 coastline of East Molokai to the from only a single population. Schiedea individuals in 1 population or are southwest corner of Kamakou Preserve, sarmentosa is known from only two known from only 2 populations. The about 3.5 mi (5.5 km) inland (E. Misaki, populations. Cyanea dunbarii is known three species are threatened by one or pers. comm. 1991). Molasses grass was from fewer than 20 individuals and more of the following—competition the main carrier of that fire (E. Misaki, Lysimachia maxima is known from from alien plants; potential habitat pers. comm. 1991). Molasses grass is fewer than 50 individuals. degradation and/or predation by feral able to spread prolifically after a fire Erosion, landslides, and rock slides pigs, feral goats, rats, and deer; fire; and effectively competes with the few due to natural weathering result in the substrate loss; potential human impacts; fire-adapted native plant species, death of individual plants as well as and lack of legal protection or difficulty creating a dense stand of alien grass habitat destruction. This especially in enforcing laws that are already in where forests once stood. It is becoming affects the continued existence of effect. Small population size and a major problem in dry sites along the species or populations with limited limited distribution make these species many leeward ridges of East Molokai numbers and/or narrow ranges, particularly vulnerable to extinction (Bottenfield 1958, Cuddihy and Stone including all three species in this rule. and/or reduced reproductive vigor from 1990, O’Connor 1990, Smith 1985). This process is often exacerbated by naturally occurring events. Because The small numbers of populations human disturbance and land use these three species are in danger of and individuals of these species practices (See Factor A.). extinction throughout all or a significant increase the potential for extinction The Service has carefully assessed the portion of their ranges, they meet the from naturally occurring events. The best scientific and commercial definition of endangered as defined in limited gene pool may depress information available regarding the past, the Act. Therefore, the determination of reproductive vigor, or a single human- present, and future threats faced by endangered status for these three caused or natural environmental these species in determining to make species is warranted. A summary of the disturbance could destroy a significant this final rule. Based on this evaluation, threats facing these taxa is presented in percentage of the individuals or the only the preferred action is to list Cyanea Table 1.

TABLE 1.ÐSUMMARY OF THREATS

Alien mammals Sub- Species Alien strate Human Fire Limited Deer Goats Pigs Rats plants loss impacts numbers*

Cyanea dunbarii ...... P ...... P P X X P ...... X1,2 Lysimachia maxima ...... P P ...... X P ...... X1,2 Schiedea sarmentosa ...... X X ...... X P P X X1 KEY: X=Immediate and significant threat. P=Potential threat. *=No more than 100 individuals and/or no more than 5 populations. 1=No more than 5 populations. 2=No more than 100 individuals.

Critical habitat is not being proposed Section 4(a)(3) of the Act, as descriptions of critical habitat in the for the three species included in this amended, and implementing regulations Federal Register would make these rule, for reasons discussed in the (50 CFR 424.12) require that, to the plants more vulnerable to incidents of ‘‘Critical Habitat’’ section of this rule. maximum extent prudent and collection and vandalism and, therefore, determinable, the Secretary designate could contribute to the decline of these Critical Habitat critical habitat at the same time the species and increase enforcement Critical habitat is defined in section 3 species is listed. The Service finds that problems. The listing of these species as of the Act as: (i) the specific areas designation of critical habitat is not endangered also publicizes the rarity of within the geographical area occupied prudent for Cyanea dunbarii, these plants and, thus, can make these by a species, at the time it is listed in Lysimachia maxima, and Schiedea plants attractive to researchers, curiosity accordance with the Act, on which are sarmentosa at this time. Service seekers, or collectors of rare plants. found those physical or biological regulations (50 CFR 424.12(a)(1)) state The additional protection provided by features (I) essential to the conservation that designation of critical habitat is not the designation of critical habitat to a of the species and (II) that may require prudent when one or both of the species is granted through section 7 of special management considerations or following situations exist—(1) The the Act. Section 7(a) of the Act, as protection and; (ii) specific areas species is threatened by taking or other amended, requires Federal agencies to outside the geographical area occupied human activity, and identification of evaluate their actions with respect to by a species at the time it is listed, upon critical habitat can be expected to any species that is proposed or listed as a determination that such areas are increase the degree of threat to the endangered or threatened and with essential for the conservation of the species, or (2) such a designation of respect to its critical habitat, if any is species. ‘‘Conservation’’ means the use critical habitat would not be beneficial being designated. Section 7(a)(2) of all methods and procedures needed to the species. The three species have requires Federal agencies to insure that to bring the species to the point at very low total populations and face activities they authorize, fund, or carry which listing under the Act is no longer anthropogenic threats (see Factor B). out are not likely to jeopardize the necessary. The publication of precise maps and continued existence of such a species or 53136 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations destroy or adversely modify its critical activities occur within the present criminal trespass law. The Service is not habitat. The three species in this rule known habitat of these three plant aware of any trade in these species or of are confined to small geographic areas, species. The Service has not pursued any activities currently being conducted and each population is composed of so prelisting conservation agreements for by the public that would be affected by few individuals that the determinations the three plant species due to time and this listing or result in violation of for jeopardy to the species and adverse resource constraints. section 9 of the Act. modification of critical habitat would be The Act and its implementing Questions regarding whether specific similar. Therefore, designation of regulations set forth a series of general activities will constitute a violation of critical habitat provides no benefits prohibitions and exceptions that apply section 9 of the Act should be directed beyond those that these species would to all endangered plant species. All to the Pacific Islands Ecoregion Manager receive by virtue of their listing as prohibitions of section 9(a)(2) of the Act, (see ADDRESSES section). Requests for endangered species, and would likely implemented by 50 CFR 17.61, apply. copies of the regulations regarding listed increase the risk of threat from These prohibitions, in part, make it plants and inquiries regarding collecting or other human activities. illegal for any person subject to the prohibitions and permits may be All involved parties and the major jurisdiction of the United States to addressed to the Fish and Wildlife landowners have been notified of the import or export, transport such species Service, Ecological Services, location of these species. Protection of in interstate or foreign commerce in the Endangered Species Permits, 911 N.E. the habitats of these species will be course of a commercial activity, sell or 11th Avenue, Portland, Oregon 97232– addressed through the recovery process offer for sale such species in interstate 4181 (telephone: 503/231–2063; and through the section 7 consultation or foreign commerce, or remove and facsimile: 503/231–6243). process. reduce such species to possession from areas under Federal jurisdiction. In Hawaii State Law Available Conservation Measures addition, for plants listed as Conservation measures provided to Federal listing will automatically endangered, the Act prohibits the invoke listing under the State’s plant species listed as endangered under malicious damaging or destruction on endangered species act. Hawaii’s the Endangered Species Act include areas under Federal jurisdiction and the Endangered Species Act states, ‘‘Any recognition, recovery actions, removal, cutting, digging up, damaging, species of aquatic life, wildlife, or land requirements for Federal protection, and or destroying of any such plants in plant that has been determined to be an prohibitions against certain activities. knowing violation of any State law or endangered species pursuant to the Recognition through listing results in regulation, including State criminal [Federal] Endangered Species Act shall public awareness and conservation trespass law. Certain exceptions to the be deemed to be an endangered species actions by Federal, State, and local prohibitions apply to agents of the under the provisions of this chapter agencies, private organizations, and Service and State conservation agencies. individuals. The Act provides for The Act and 50 CFR 17.62 and 17.63 ** *’’ (HRS, sect. 195D–4(a).) This possible land acquisition and also provide for the issuance of permits Federal listing will automatically invoke cooperation with the State and requires to carry out otherwise prohibited listing under Hawaii State law. The that recovery plans be developed for activities involving endangered plant State law prohibits taking of endangered listed species. The protection required species under certain circumstances. species and encourages conservation by of Federal agencies and the prohibitions Such permits are available for scientific State agencies (HRS, sect. 195D–4, against certain activities involving listed purposes and to enhance the 195D–5). plants are discussed, in part, below. propagation or survival of the species. It National Environmental Policy Act Section 7(a) of the Act, as amended, is anticipated that few permits would requires Federal agencies to evaluate ever be sought or issued because the The Fish and Wildlife Service has their actions with respect to any species species in this rule are not common in determined that Environmental that is proposed or listed as endangered cultivation or in the wild. Assessments or Environmental Impact or threatened and with respect to its It is the policy of the Service (July 1, Statements, as defined under the critical habitat, if any is being 1994; 59 FR 34272) to identify to the authority of the National Environmental designated. Regulations implementing maximum extent practicable at the time Policy Act of 1969, need not be this interagency cooperation provision a species is listed those activities that prepared in connection with regulations of the Act are codified at 50 CFR part would or would not likely constitute a adopted pursuant to section 4(a) of the 402. Section 7(a)(4) of the Act requires violation of section 9 of the Act. The Endangered Species Act of 1973, as Federal agencies to confer with the intent of this policy is to increase public amended. A notice outlining the Service on any action that is likely to awareness of the effect of the listing on Service’s reasons for this determination jeopardize the continued existence of a proposed and ongoing activities within was published in the Federal Register proposed species or result in the species’ range. The only known on October 25, 1983 (48 FR 49244). destruction or adverse modification of population of Cyanea dunbarii is found Required Determinations proposed critical habitat. If a species is on a steep slope on State-owned land. listed subsequently, section 7(a)(2) The only known population of The Service has examined this requires Federal agencies to ensure that Lysimachia maxima and one population regulation under the Paperwork activities they authorize, fund, or carry of Schiedea sarmentosa are found on Reduction Act of 1995 and found it to out are not likely to jeopardize the steep slopes on land owned by TNC. contain no information collection continued existence of the species or to The other population of Schiedea requirements. This rulemaking was not destroy or adversely modify its critical sarmentosa is found on steep slopes on subject to review by the Office of habitat. If a Federal action may affect a privately owned land. Collection, Management and Budget under listed species or its critical habitat, the damage, or destruction of these species Executive Order 12866. responsible Federal agency must enter on non-Federal lands would constitute References Cited into consultation with the Service. None a violation of section 9, if conducted in of the three species in this rule occurs knowing violation of Hawaii State law A complete list of all references cited on Federal lands and no known Federal or regulations, or in violation of State herein is available upon request from Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53137 the Pacific Islands Ecoregion Office (see recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. ADDRESSES section). Transportation. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. Author Regulation Promulgation The author of this final rule is Marie 2. Section 17.12(h) is amended by M. Bruegmann, Pacific Islands Accordingly, the Service hereby adding the following, in alphabetical Ecoregion Office (see ADDRESSES amends part 17, subchapter B of chapter order under FLOWERING PLANTS, to section). Substantial data were I, title 50 of the Code of Federal the List of Endangered and Threatened contributed by HHP and Steve Perlman Regulations, as set forth below: Plants to read as follows: and Ken Wood of HPCC. PART 17Ð[AMENDED] § 17.12 Endangered and threatened plants. List of Subjects in 50 CFR Part 17 * * * * * Endangered and threatened species, 1. The authority citation for part 17 (h) * * * Exports, Imports, Reporting and continues to read as follows:

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

FLOWERING PLANTS

******* Cyanea dunbarii ...... Haha ...... U.S.A. (HI) ...... Campanulaceae ... E 594 NA NA

******* Lysimachia maxima ...... No common name U.S.A. (HI) ...... Primulaceae ...... E 594 NA NA

******* Schiedea sarmentosa ...... No common name U.S.A. (HI) ...... Caryophyllaceae ... E 594 NA NA

*******

Dated: September 23, 1996. dipetalum var. tomentosum (a’e). All 13 FOR FURTHER INFORMATION CONTACT: John G. Rogers, taxa are endemic to the island of Brooks Harper, Field Supervisor, Acting Director, Fish and Wildlife Service. Hawaii, Hawaiian Islands. The 13 plant Ecological Services, Pacific Islands [FR Doc. 96–25554 Filed 10–9–96; 8:45 am] taxa and their habitats have been Ecoregion (see ADDRESSES section) BILLING CODE 4310±55±P threatened by one or more of the (telephone: 808/541–3441; facsimile: following—competition for space, light, 808/541–3470). water, and nutrients by naturalized, SUPPLEMENTARY INFORMATION: 50 CFR Part 17 introduced vegetation; habitat degradation by wild, feral, or domestic Background RIN 1018±AD25 animals (cattle, pigs, goats, and sheep); Clermontia drepanomorpha (’oha agricultural and residential Endangered and Threatened Wildlife wai), Cyanea platyphylla (haha), development and recreational activities; Hibiscadelphus giffardianus (hau and Plants; Determination of habitat loss and damage to plants from Endangered Status for Thirteen Plants kuahiwi), Hibiscadelphus hualalaiensis fires; predation by animals (cattle, pigs, (hau kuahiwi), Melicope zahlbruckneri From the Island of Hawaii, State of goats, sheep, insects, and rats); and Hawaii (alani), Neraudia ovata (no common natural disasters such as volcanic name (NCN)), Phyllostegia racemosa AGENCY: Fish and Wildlife Service, activity. Due to the small number of (kiponapona), Phyllostegia velutina Interior. existing individuals and their very (NCN), Phyllostegia warshaueri (NCN), narrow distributions, these 13 taxa and ACTION: Final rule. Pleomele hawaiiensis (hala pepe), their populations are subject to an Pritchardia schattaueri (loulu), Sicyos SUMMARY: The U.S. Fish and Wildlife increased likelihood of extinction and/ alba (’anunu), and Zanthoxylum Service (Service) determines or reduced reproductive vigor from dipetalum var. tomentosum (a’e) all are endangered status pursuant to the natural disasters. This final rule endemic to the island of Hawaii, Endangered Species Act of 1973, as implements the Federal protection Hawaiian Islands. amended (Act), for 13 plants: provisions provided by the Act for listed The island of Hawaii is the Clermontia drepanomorpha (’oha wai), plants. Listing under the Act also southernmost, easternmost, and Cyanea platyphylla (haha), triggers listed status for these 13 taxa youngest of the eight major Hawaiian Hibiscadelphus giffardianus (hau under State law. Islands. Hawaii, the largest island of the kuahiwi), Hibiscadelphus hualalaiensis EFFECTIVE DATE: This rule takes effect Hawaiian archipelago comprises 10,458 (hau kuahiwi), Melicope zahlbruckneri November 12, 1996. square kilometers (sq km) (4,038 sq (alani), Neraudia ovata (no common ADDRESSES: The complete file for this miles (mi)), or two-thirds of the land name (NCN)), Phyllostegia racemosa rule is available for inspection, by area of the State of Hawaii, giving rise (kiponapona), Phyllostegia velutina appointment, during normal business to its common name, the ‘‘Big Island.’’ (NCN), Phyllostegia warshaueri (NCN), hours at the Pacific Islands Ecoregion, The Hawaiian Islands are volcanic Pleomele hawaiiensis (hala pepe), U.S. Fish and Wildlife Service, 300 Ala islands formed over a ‘‘hot spot,’’ a fixed Pritchardia schattaueri (loulu), Sicyos Moana Boulevard, Room 3108, Box area of pressurized molten rock deep alba (’anunu), and Zanthoxylum 50088, Honolulu, Hawaii 96850. within the Earth. As the Pacific Plate, a 53138 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations section of the Earth’s surface many to modern cropland (Cuddihy and Stone 1913, Skottsberg 1944, Stemmermann miles thick, has moved to the northwest, 1990, Gagne´ and Cuddihy 1990). and Jacobson 1987). Only 13 to 20 the islands of the chain have separated. The 13 taxa included in this rule individuals in two populations, Currently, this hot spot is centered occur between 120 and 1,850 m (400 bordering private ranch lands, were under the southeast part of the island of and 6,080 ft) in elevation in various known to be extant until recent surveys Hawaii, which is one of the most active portions of the island of Hawaii. Most (Corn 1983; HHP 1993a1, 1993a4; volcanic areas on Earth. Five large of the taxa exist as remnant plants Hawaii Plant Conservation Center shield volcanoes make up the island of persisting in grazed areas or in higher (HPCC) 1993a; Marie M. Bruegmann, Hawaii: Mauna Kea at 4,205 meters (m) elevations which have only recently U.S. Fish and Wildlife Service (13,796 feet (ft)) and Kohala at 1,670 m been heavily invaded by alien plant and (USFWS), in litt., 1994; Carolyn Corn, (5,480 ft), both extinct; Hualalai, at animal taxa. The thirteen taxa grow in Hawaii Division of Forestry and 2,521 m (8,271 ft), which is dormant a variety of vegetation communities Wildlife (DOFAW), in litt., 1994). In and will probably erupt again; and (pioneer lava, shrublands, and forests), 1995, the Service contracted the Mauna Loa at 4,169 m (13,677 ft) and elevational zones (lowland and National Tropical Botanical Garden Kilauea at 1,248 m (4,093 ft), both of montane) and moisture regimes (dry, (NTBG) to conduct a thorough survey of which are currently active and adding mesic, and wet). In lowland habitats, the the Kohala area. Approximately five land area to the island. Compared to 13 taxa are found in pioneer lava, populations totalling 200 individuals of Kauai, which is the oldest of the main shrubland, dry forest, mesic forest, and Clermontia drepanomorpha were found islands and was formed about 5.6 wet forest. In montane habitats, the within a 3.2 km (2 mi) by 8 km (5 mi) million years ago, Hawaii is very young, thirteen taxa are found in dry forest, State-owned area of the only remaining with fresh lava and land up to 0.5 mesic forest, and wet forest. habitat for the species (Diane Ragone million years old (Cuddihy and Stone The lands on which these 13 plant and Ken Wood, NTBG, in litt., 1995). 1990, Culliney 1988, Department of taxa are found are owned by various This species typically grows in Geography 1983, Macdonald et al. private parties, the State of Hawaii Metrosideros polymorpha (’ohi’a), 1983). (including conservation district lands, Cheirodendron trigynum (’olapa), and Because of the large size and range of forest reserves, natural area reserves, Cibotium glaucum (hapu‘u) dominated elevation of the island, Hawaii has a and plant and wildlife sanctuaries), or Montane Wet Forests, often great diversity of climates. Windward are owned or managed by the Federal epiphytically, at elevations between (northeastern) slopes of Mauna Loa have government (including a U.S. Fish and 1,170 and 1,570 m (3,850 and 5,150 ft) rainfall up to 300 centimeters (cm) (118 Wildlife Service refuge, a National Park, (Corn 1983; HHP 1993a1, 1993a4; HPCC inches (in)) per year in some areas. The and a U.S. Army training area). 1993a). Associated taxa include Carex leeward coast, shielded by the Discussion of the 13 Taxa Included in alligata, Melicope clusiifolia (alani), mountains from rain brought by trade This Final Rule Styphelia tameiameiae (pukiawe), winds, has areas classified as desert that Astelia menziesii (pa’iniu), Rubus receive as little as 20 cm (7.9 in) of rain Joseph F. Rock (1913) named hawaiiensis (’akala), Cyanea pilosa annually. The summits of Mauna Loa Clermontia drepanomorpha on the basis (haha), and Coprosma sp. (pilo) (HHP and Mauna Kea experience snowfall of specimens collected in the Kohala 1993a1, HPCC 1993a). each year, and Mauna Kea was glaciated Mountains of the island of Hawaii in the The major threats to Clermontia during the last Ice Age (Culliney 1988, early 1900’s. This taxonomy was drepanomorpha are ditch Department of Geography 1983, retained in the latest treatment of the improvements, competition from alien Macdonald et al. 1983, Wagner et al. genus (Lammers 1990). plant taxa, like Rubus rosifolius 1990). Clermontia drepanomorpha, of the (thimbleberry), habitat disturbance by Plant communities on Hawaii include bellflower family (Campanulaceae), is a feral pigs (Sus scrofa); girdling of the those in various stages of primary terrestrial or epiphytic (not rooted in the stems by rats (Rattus spp.); and a risk of succession on the slopes of active and soil), branching tree 2.5 to 7 m (8.2 to extinction from naturally occurring dormant volcanoes, ones in stages of 23 ft) tall. The stalked leaves are 10 to events (such as hurricanes) and/or secondary succession following 27 cm (4 to 11 in) long and 1.5 to 4.5 reduced reproductive vigor due to the disturbance, and relatively stable climax cm (0.6 to 1.8 in) wide. Two to four small number of existing populations communities. On Hawaii, vegetation is flowers, each with a stalk 2 to 3.5 cm (Bruegmann 1990, Center for Plant found in all classifications—coastal, (0.8 to 1.4 in) long, are positioned at the Conservation (CPC) 1990, HHP 1993a1, dryland, montane, subalpine, and end of a main flower stalk 5 to 12 cm HPCC 1993a). alpine; dry, mesic, and wet; and (2 to 5 in) long. The calyx (fused sepals) Asa Gray (1861) named Delissea herblands, grasslands, shrublands, and corolla (fused petals) are similar in platyphylla from a specimen collected forests, and mixed communities. The size and appearance, and each forms a by Horace Mann and W.T. Brigham in vegetation and land of the island of slightly curved, five-lobed tube 4 to 5.5 the Puna District of the island of Hawaii have undergone much change cm (1.6 to 2.2 in) long and 1.5 to 2 cm Hawaii. Wilhelm Hillebrand (1888) through the island’s history. Since it is (0.6 to 0.8 in) wide which is blackish transferred the species to Cyanea, an area of active volcanism, vegetated purple. The berries are orange and 2 to creating Cyanea platyphylla. Harold St. areas are periodically replaced with bare 3 cm (0.8 to 1.2 in) in diameter. This John (1987a, St. John and Takeuchi lava. Polynesian immigrants, first species is distinguished from others in 1987), believing there to be no generic settling on Hawaii by 750 A.D., made this endemic Hawaiian genus by similar distinction between Cyanea and extensive alterations to lowland areas sepals and petals, the long drooping Delissea, transferred the species back to for agriculture and habitation. European inflorescence, and large blackish purple the genus Delissea, the older of the two contact with Hawaii brought intentional flowers (Lammers 1990, Rock 1919). generic names. The current treatment of and inadvertent introductions of alien Historically, Clermontia the family (Lammers 1990), however, plant and animal taxa. In 1960, 65 drepanomorpha was known from four maintains the separation of the two percent of the total land area of the populations in the Kohala Mountains on genera. The following taxa have been island of Hawaii was used for grazing, the island of Hawaii (Hawaii Heritage synonymized with Cyanea platyphylla: and much land has also been converted Program (HHP) 1993a1 to 1993a4, Rock C. bryanii, C. crispohirta, C. fernaldii, C. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53139 nolimetangere, C. pulchra, and C. Linda Pratt, Hawaii Volcanoes National wild, from Kipuka Puaulu (or Bird Park) rollandioides. However, some field Park (HVNP), pers. comms., 1991 and in HVNP. This tree died in 1930, but biologists feel that C. fernaldii, 1994). plants exist in cultivation from seeds represented by the Laupahoehoe Cyanea platyphylla is typically found originally collected by Giffard before the populations, is a distinct entity that in Metrosideros polymorpha (’ohi’a)— tree died (Degener 1932a). Cuttings from should be resurrected as a separate Acacia koa (koa) Lowland and Montane these cultivated trees have been planted species (Frederick Warshauer, National Wet Forests at elevations between 120 back into the now fenced original Biological Service, pers. comm., 1994). and 915 m (390 and 3,000 ft) (Lammers habitat at Kipuka Puaulu and currently Cyanea platyphylla, of the bellflower 1990). Associated taxa include Cibotium nine mature plants and two suckers are family, is an unbranched palm-like sp. (hapu‘u), Athyrium sandwichianum known to exist (Baker and Allen 1977; shrub 1 to 3 m (3 to 10 ft) tall with stems (ho’i’o), Antidesma sp. (hame), Bishop and Herbst 1973; HHP 1991b; that are covered with short, sharp, pale Clermontia spp. (’oha wai), Hedyotis sp. HPCC 1991b1, 1991b2; M. Bruegmann, spines on the upper portions, especially (pilo), and Cyrtandra spp. (ha’iwale) in litt., 1994). Individuals planted in as juveniles. This species has different (HHP 1991a6, HPCC 1991a). Kipuka Ki were later determined to be leaves in the juvenile and adult plants. The major known threats to Cyanea hybrids and were removed by Park The juvenile leaves are 10.5 to 25 cm platyphylla are pigs; habitat-modifying personnel (Baker and Allen 1977, (4.1 to 10 in) long and 4 to 7.5 cm (1.6 introduced plant taxa, including Mueller-Dombois and Lamoureux 1967). to 3.0 in) wide, with prickles on leaves Psidium cattleianum (strawberry guava), The cultivated plants in Kipuka Puaulu and stalks. Adult leaves are 34 to 87 cm Psidium guajava (guava), Passiflora have spontaneously produced fertile (13 to 34 in) long and 7 to 22 cm (2.8 ligularis (sweet granadilla), and hybrids with cultivated plants of to 8.7 in) wide, and are only sparsely thimbleberry; rats, which may eat the Hibiscadelphus hualalaiensis that were prickled. Six to 25 flowers are clustered fruit; and volcanic activity (Cuddihy et also planted into Kipuka Puaulu and on the end of a main stalk 20 to 90 cm al. 1982; HHP 1991a6, 1991a9; HPCC Kipuka Ki. Both the Hibiscadelphus (8 to 35 in) long, and each flower has 1991a; M. Bruegmann, in litt., 1994; L. hualalaiensis and the hybrids have been a stalk 1 to 2.5 cm (0.4 to 1 in) long. The Pratt, pers. comm., 1994). Another removed from the Park (Baker and Allen hypanthium is topped by five small, threat is the risk of extinction from 1976a, 1977; Carr and Baker 1977). triangular calyx lobes. Petals, which are naturally occurring events and/or Hibiscadelphus giffardianus has been white or yellowish white with magenta reduced reproductive vigor due to the listed as endangered in the IUCN Plant stripes, are fused into a curved tube low numbers of populations and Red Data Book (Lucas and Synge 1978). with five spreading lobes. The corolla is individuals. This taxon grows in mixed Montane 4.2 to 5.4 cm (1.7 to 2.1 in) long and 5 Rock (Radlkofer and Rock 1911) Mesic Forest at elevations between to 10 millimeters (mm) (0.2 to 0.4 in) named Hibiscadelphus giffardianus to 1,200 and 1,310 m (3,900 and 4,300 ft) wide. Berries are pale orange, 8 to 10 honor W.M. Giffard, who first saw the (Bates 1990; HHP 1991b; HPCC 1991b1, mm (0.3 to 0.4 in) long, and 6 to 8 mm taxon in 1911. This species was used as 1991b2). Associated taxa include ’ohi’a, (0.2 to 0.3 in) wide. The species differs the type specimen to describe koa, Sapindus saponaria (a’e), ho’i’o, from others in this endemic Hawaiian Hibiscadelphus as a new genus, Coprosma sp. (pilo), Pipturus albidus genus by its juvenile and adult leaves, meaning ‘‘brother of Hibiscus’’ (Bryan (mamaki), Psychotria sp. (kopiko), precocious flowering, and smaller 1971). This taxonomy was retained in Nestegis sandwicensis (olopua), flowers (Lammers 1990). the latest treatment of the genus (Bates Melicope sp. (alani), Dodonaea viscosa Cyanea platyphylla was historically 1990). (’a’ali’i), Myoporum sandwicense (naio), known from the Kohala Mountains, Hibiscadelphus giffardianus, of the and introduced grasses (HHP 1991b; Laupahoehoe in the Hamakua District, mallow family (Malvaceae), is a tree up HPCC 1991b1, 1991b2). in the mountains above Hilo, Pahoa, to 7 m (23 ft) tall with the trunk up to The major threats to Hibiscadelphus Glenwood, Honaunau in South Kona, 30 cm (12 in) in diameter and whitish giffardianus are bark, flower, and fruit and the unknown location bark. The leaf blades are heart-shaped feeding by roof rats (Rattus rattus); leaf ‘‘Kalanilehua’’ (HHP 1991a1 to 1991a4, and 10 to 30 cm (4 to 12 in) long with damage in the form of stippling and 1991a7, 1991a8, 1991a11, 1991a12, a broad tip, a notched base, and stalks yellowing by Sophonia rufofascia (two- 1993b; Rock 1917, 1919, 1957; nearly as long as the blades. Flowers are spotted leafhopper) and yellowing by Skottsberg 1926; Wimmer 1943 and typically solitary in the axils of the the native plant bug Hyalopeplus 1968). One population of five mature leaves and have stalks 1.5 to 4 cm (0.6 pellucidus; competition from the alien individuals and two juveniles is known to 1.6 in) long. Five to seven filament- grasses Ehrharta stipoides (meadow to still exist in Laupahoehoe Natural like bracts are borne below each flower ricegrass), Paspalum conjugatum (Hilo Area Reserve (NAR) (CPC 1989, 1990; and the calyx is pouch-like. The grass), and Paspalum dilatatum (Dallis Cuddihy et al. 1982; HHP 1991a6; HPCC overlapping petals form a curved grass); habitat change from volcanic 1991a; C. Corn, in litt., 1994), which is bisymmetrical flower with the upper activity; and a risk of extinction from owned and managed by the State of petals longer, typical of bird-pollinated naturally occurring events and/or Hawaii. Approximately four additional flowers. The flowers are grayish green reduced reproductive vigor due to the populations, totalling 50 to 100 on the outside and dark magenta within, small number of existing cultivated individuals, were recently rediscovered and 5 to 7 cm (2 to 3 in) long. The fruit individuals, all from a single parent during surveys by NTBG in the Kohala is woody with star-shaped hairs. This (Baker and Allen 1978; M. Bruegmann, Mountains (D. Ragone and K. Wood, in species differs from others in this in litt., 1994; L. Pratt, pers. comm., litt., 1995). Two additional populations endemic Hawaiian genus by its flower 1994). Cattle (Bos taurus) were known in Laupahoehoe NAR have not been color, flower size, and filamentous in the area before it became a National seen since 1982 and could not be bracts (Baker and Allen 1976b, Bates Park and probably had a large influence relocated in 1989. The extant 1990, Degener 1932a, Degener and on the habitat (Anonymous 1920, Rock Laupahoehoe population has been spot- Degener 1977, Radlkofer and Rock 1913, St. John 1981). fenced by the NAR System to protect it 1911). Rock (Radlkofer and Rock 1911) from pig depredation (Cuddihy et al. Only one tree of Hibiscadelphus named Hibiscadelphus hualalaiensis 1982; HHP 1991a5, 1991a9, 1991a10; giffardianus has ever been known in the after Hualalai, the volcano on which the 53140 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations plant was found in 1909 (Rock 1913). Pennisetum clandestinum (kikuyu 1994). The species is reproducing at this This taxonomy was retained in the latest grass) (HHP 1993c3; HPCC 1991c, fenced site, and juvenile plants are treatment of the genus (Bates 1990). 1992a; J. Lau, in litt., 1991). present (L. Pratt, pers. comm., 1994). Hibiscadelphus hualalaiensis, of the The major threats to Hibiscadelphus This species is found in koa- and ’ohi’a- mallow family, is a tree 5 to 7 m (16 to hualalaiensis are fire; cattle, pigs, and dominated Montane Mesic Forest at 23 ft) tall with the trunk up to 30 cm sheep (Ovis aries) that may get through elevations between 1,195 and 1,300 m (12 in) in diameter and whitish bark. the fence; flower and seed feeding by (3,920 and 4,265 ft) (HHP 1991c2, HPCC The leaf blades are heart-shaped and 10 roof rats; competition from alien plants 1991d, Stone et al. 1990). Associated to 15 cm (4 to 6 in) long with a broad such as kikuyu grass and Lantana taxa include pilo, a’e, mamaki, kopiko, tip, a notched base, stellate hairs, and camara (lantana); ranching activities; olopua, naio, Pisonia sp. (papala), stalks 4 to 10 cm (1.5 to 4 in) long. One habitat change from volcanic activity; several species of Melicope (alani), or two flowers are borne in the axils of and a risk of extinction from naturally ho’i’o, ’a’ali’i, and the introduced the leaves and have stalks 1.5 to 14 cm occurring events and/or reduced grasses, meadow ricegrass, Hilo grass, (0.6 to 5.5 in) long. Five toothlike bracts reproductive vigor due to the small and Dallis grass (HHP 1991c2; HPCC are borne below each flower and the number of known cultivated individuals 1991d; M. Bruegmann, in litt., 1994; L. calyx is tubular or pouch-like. The from a single parent (Anonymous 1920; Pratt, pers. comm., 1994). overlapping petals form a curved Baker and Allen 1978; HHP 1993c3; The major threats to Melicope bisymmetrical flower with longer upper HPCC 1991c, 1992a; M. Bruegmann, in zahlbruckneri are the two-spotted petals, typical of bird-pollinated litt., 1994). leafhopper; competition from flowers. The flowers are greenish yellow Based on a specimen he collected in introduced grasses (meadow ricegrass, on the outside and yellowish green, 1911 in Kipuka Puaulu, on the island of Hilo grass, and Dallis grass); habitat fading to purplish within, and 2 to 5.5 Hawaii, Rock (1913) described Pelea change due to volcanic activity; cm (0.8 to 2.2 in) long. The fruit is zahlbruckneri, in honor of Dr. A. potential fruit damage by rats; and a risk woody and the seeds have a dense Zahlbruckner, director of the Botanical of extinction from naturally occurring covering of hairs. The species differs Museum in Vienna. Pelea has since events and/or reduced reproductive from others in this endemic Hawaiian been submerged into Melicope, creating vigor due to the small number of genus by its flower color, smaller flower the combination Melicope zahlbruckneri individuals in the one remaining size, and toothlike bracts (Baker and (Stone et al. 1990). population (HPCC 1991d; M. Allen 1976b, Bates 1990, Degener Melicope zahlbruckneri, of the citrus Bruegmann, in litt., 1994; L. Pratt, pers. 1932b, Radlkofer and Rock 1911). family (Rutaceae), is a medium-sized comm., 1994). Hibiscadelphus hualalaiensis was tree 10 to 12 m (33 to 40 ft) tall. New Neraudia pyrifolia was named by historically known from three growth is covered with yellowish Charles Gaudichaud-Beaupre´ from populations, located in the Puu Waawaa brown, fine, short, curly hairs. The material he collected in the early 1800’s region of Hualalai, on the island of opposite, stalked, elliptically oblong on the island of Hawaii (Cowan 1949). Hawaii (HHP 1993c1 to 1993c3; HPCC leaves are 6 to 24 cm (2.4 to 9.5 in) long This name was determined to be 1990a, 1991c, 1992a). The last known and 4 to 12.5 cm (1.6 to 4.9 in) wide, invalidly published, lacking an wild tree was in Puu Waawaa I Plant with well defined lateral veins. Clusters adequate description. Gaudichaud- Sanctuary, owned and managed by the of two to five flowers have main Beaupre´ named Neraudia ovata from an Department of Land and Natural flowering stalks 15 to 20 cm (5.9 to 7.9 additional specimen, and this has been Resources, State of Hawaii. This tree in) long and each flower has a stalk maintained in the current taxonomic died in 1992, but 12 cultivated trees about 0.4 cm (0.2 in) long. Female treatment for the species. H.A. Weddell have been planted within the fenced flowers consist of four sepals about 1.5 considered this taxon a variety of sanctuary (HHP 1993c2; M. Bruegmann, mm (0.05 in) long, four petals about 3 Neraudia melastomifolia, but this has in litt., 1994; Joel Lau, HHP, in litt., mm (0.1 in) long, an eight-lobed nectary not been upheld by other taxonomists. 1991). In addition, approximately ten disk, eight reduced and nonfunctional S.L. Endlicher and E.G. Steudel placed cultivated plants can be found near the stamens, and a hairless four-celled this species in the genus Boehmeria, but State’s Kokia Sanctuary in Kaupulehu ovary. Male flowers consist of four the current taxonomic treatment (HPCC 1990a; Steven Bergfeld, pers. sepals 3.5 mm (0.01 in) long, four petals maintains Neraudia as an endemic comm., 1994). Cultivated individuals about 6 mm (0.2 in) long, and eight Hawaiian genus. Harold St. John named were planted in Kipuka Puaulu in functional stamens in two whorls equal a new species, Neraudia cookii, from a HVNP, but were removed to prevent to or longer than the petals. The fruit is collection by David Nelson on Cook’s further hybridization with the squarish, 12 to 14 mm (0.4 to 0.5 in) 1779 voyage to Hawaii (St. John 1976). Hibiscadelphus giffardianus plants that long, and up to 30 mm (1.2 in) wide. That specimen is considered to be are native to the kipuka (Baker and Melicope zahlbruckneri is distinguished Neraudia ovata in the current Allen 1977, 1978). The area where the from other species of the genus by its taxonomic treatment (Cowan 1949, plants are presently found is branching habit, large leaves, and very Wagner et al. 1990). surrounded by State land that is leased large, squarish capsules (Rock 1913, Neraudia ovata, of the nettle family for cattle ranching. Stone 1969, Stone et al. 1990). (Urticaceae), is a sprawling or rarely This species grows in mixed Dry to Historically, Melicope zahlbruckneri erect shrub to a small tree, with stems Mesic Forest remnants on lava fields, at was known only from the island of 1 to 3 m (3 to 10 ft) long, and branches elevations between 915 and 1,020 m Hawaii near Glenwood, in Kipuka bearing short, somewhat erect hairs. The (3,000 and 3,350 ft) (Bates 1990; HHP Puaulu, and at Moaula in Kau (Degener alternate, thin, stalked leaves are 1993c3; HPCC 1991c, 1992a). 1930, HHP 1991c1 to 1991c3, HPCC smooth-margined, grayish on the Associated taxa include ’ohi’a, 1991d, Rock 1913, Stone 1969, Stone et undersurface, 5 to 14 cm (2 to 5.5 in) Diospyros sandwicensis (lama), Sophora al. 1990). Today, the species is known long and 2 to 6.5 cm (0.8 to 2.6 in) wide, chrysophylla (mamane), naio, Pouteria to be extant only in Kipuka Puaulu, on and have spreading, curved, nearly sandwicensis (’ala’a), Charpentiera sp. land owned by HVNP, with 30 to 35 translucent hairs. Male and female (papala), Nothocestrum sp. (’aiea), individuals remaining (HHP 1991c2; flowers are found on separate plants. Claoxylon sandwicense (po’ola), and HPCC 1991d; L. Pratt, pers. comm., Male flowers have extremely short Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53141 stalks and a densely hairy calyx. Female island of Hawaii, Bentham named 1991e1, 1991e4; HPCC 1991e; Wagner et flowers have no stalks and a densely Phyllostegia racemosa in 1830 (Sherff al. 1990; J. Jeffrey, in litt., 1993). hairy, boat-shaped calyx. The fruit is an 1935). The current treatment of the The major threats to Phyllostegia achene (a dry one-seeded fruit that does genus includes E.E. Sherff’s (1935) racemosa are habitat disturbance by not open at maturity). This species is Phyllostegia racemosa var. bryanii with feral pigs and cattle; logging; distinguished from others in this Phyllostegia mannii, rather than with competition from alien plant taxa, such endemic Hawaiian genus by the density, this species (Wagner et al. 1990). as banana poka, kikuyu grass, length, and posture of the hairs on the Phyllostegia racemosa, of the mint Anthoxanthum odoratum (sweet lower leaf surface; smooth leaf margin; family (Lamiaceae), is a climbing vine vernalgrass), and Paspalum urvillei and the boat-shaped calyx of the female with many-branched, square stems and (Vasey grass); habitat change due to flower (Cowan 1949, Wagner et al. spicy-smelling leaves. Leaves are volcanic activity; and a risk of 1990). opposite, moderately covered with extinction from naturally occurring Historically, Neraudia ovata was short, soft hairs, dotted with small events and/or reduced reproductive found on the island of Hawaii on the glands, 3.4 to 6 cm (1.3 to 2.4 in) long, vigor due to the small number of Kona coast from North Kona to Kau and 1.4 to 4.3 cm (0.6 to 1.7 in) wide, existing populations and individuals (Cowan 1949; HHP 1991d1 to 1991d3, with shallow, rounded teeth. The leaf (Clarke et al. 1983; HHP 1991e1, 1993d1 to 1993d7; Hillebrand 1888; St. stalks are densely covered with short 1991e4; HPCC 1991e; Pratt and Cuddihy John 1976 and 1981; Skottsberg 1944). hairs. Flower clusters, densely covered 1990). One extant population of five with short soft hairs, are comprised of Based on a specimen collected on individuals is known from privately 6 to 12 flowers with individual flower Mauna Kea by the U.S. Exploring owned land in Kaloko, North Kona stalks 1 to 3 mm (0.04 to 0.12 in) long Expedition in 1840, Sherff described a (Nishida 1993; Warshauer and Gerrish and leaflike bracts. The green bell- new variety of Phyllostegia 1993; M. Bruegmann, in litt., 1994; shaped calyx is about 3.5 to 5 mm (0.1 macrophylla, variety velutina, named Winona Char, Char and Associates, in to 0.2 in) long, covered with glands, and for its velvety leaves and stems (Sherff 1935). St. John (1987b) determined that litt., 1995). An additional population of has triangular lobes. The white corolla this entity was sufficiently different to six individuals was rediscovered in late is two-lipped, with a tube about 7 to 10 constitute a separate species, 1995 at the boundary of the U.S. Army’s mm (0.3 to 0.4 in) long, upper lip 2 to Phyllostegia velutina, which has been Pohakuloa Training Area (HHP 1993d4, 2.5 mm (0.08 to 0.1) long, and lower lip maintained in the current treatment of 1993d5; M. Bruegmann, in litt. 1996). 4 to 5 mm (0.16 to 0.2 in) long. Fruits Neraudia ovata grows in open ’ohi’a- the genus (Wagner et al. 1990). are divided into four nutlets about 1.5 and mamane-dominated Lowland and Phyllostegia velutina, of the mint to 2 mm (0.06 to 0.08 in) long. This Montane Dry Forests at elevations of family, is a climbing vine with dense, species is distinguished from others in 115 m (380 ft) at Kaloko and 1,325 and backward-pointing hairs on the leaves this genus by its leaf shape, lack of a 1,520 m (4,350 to 5,000 ft) at Pohakuloa and square stems. The hairs are silky on main stalk to the flower clusters, and Training Area (HHP 1993d4, 1993d5; the opposite, narrow, toothed leaves, Nishida 1993; M. Bruegmann, in litt., calyx teeth that are rounded and which are 9.2 to 17.5 cm (3.6 to 6.9 in) 1994, 1996; R. Shaw, in litt. 1996). shallow (Hillebrand 1888, Sherff 1935, long and 2.5 to 5 cm (1 to 2 in) wide. Associated taxa include Reynoldsia Wagner et al. 1990). Six to 10 flowers are borne in an sandwicensis (’ohe), naio, Cocculus Historically, Phyllostegia racemosa unbranched inflorescence with triloba (huehue), Myrsine sp. (kolea), was found only on the island of Hawaii conspicuous leaflike bracts. The green and Schinus terebinthifolius (Christmas in the Hakalau and Saddle Road areas bell-shaped calyx is 6 to 7 mm (0.2 to berry), as well as the federally of Mauna Kea and the Kulani/Keauhou 0.3 in) long, densely covered with endangered Nothocestrum breviflorum and Kipuka Ahiu areas of Mauna Loa upward-pointing hairs, and has (ai’ae) and Pleomele hawaiiensis (hala (Clarke et al. 1983; HHP 1990a1, triangular lobes. The white corolla is pepe), and other species of concern, 1991a2, 1991e1 to 1991e4; Pratt and densely covered with upward-pointing including Capparis sandwichiana (pua Cuddihy 1990; Sherff 1935, 1951; Jack hairs and is two-lipped, with a slightly pilo), Fimbristylis hawaiiensis, and Jeffrey, USFWS, in litt., 1993; Jaan curved tube about 12 mm (0.4 in) long, Bidens micrantha ssp. ctenophylla Lepson, University of Hawaii (UH), in upper lip 5 to 7 mm (0.2 to 0.3 in) long, (ko’oko’olau) (Nishida 1993; Warshauer litt., 1990). Today, four populations of and lower lip 4 to 5 mm (0.1 to 0.2 in) and Gerrish 1993; M. Bruegmann, in the species are known to occur on long. Fruits are divided into four nutlets litt., 1994, 1996). private and State lands in the Kulani/ about 4 to 5 mm (0.1 to 0.2 in) long. The major threats to Neraudia ovata Keauhou area, on Federal land managed This species is distinguished from are heavy browsing and habitat as the Hakalau National Wildlife Refuge, others in this genus by its silky hairs, modification by feral sheep and goats and in Hawaii Volcanoes National Park. lack of a main stalk to the flower (Capra hircus); competition from alien Together, these four populations clusters, and calyx teeth that are narrow plants such as Christmas berry, comprise 25 to 45 individuals (HHP and sharply pointed (Sherff 1935, Leucaena leucocephala (koa haole), and 1991e1, 1991e4; HPCC 1991d; J. Jeffrey, Wagner et al. 1990). Pennisetum setaceum (fountain grass); in litt., 1993; J. Lepson, in litt., 1993; J. Historically, Phyllostegia velutina habitat change due to volcanic activity; Jeffrey, pers. comm., 1994; L. Pratt, pers. occurred on the island of Hawaii on the residential development; insects, like comm., 1995). southern slopes of Hualalai and the spiralling whitefly (Aleurodicus Phyllostegia racemosa is typically eastern, western, and southern slopes of dispersus); and a risk of extinction from found epiphytically in disturbed koa-, Mauna Loa (Clarke et al. 1983, HHP naturally occurring events and/or ’ohi’a-, and hapu‘u-dominated Montane 1991f1 to 1991f4, Sherff 1935, Wagner et reduced reproductive vigor due to the Mesic or Wet Forests at elevations al. 1990). Three extant populations are small number of existing individuals in between 1,400 and 1,850 m (4,650 to known to occur at Puu Waawaa on a the two remaining populations (Nishida 6,070 ft). Associated taxa include State-owned wildlife sanctuary, in 1993; M. Bruegmann, in litt., 1994, Vaccinium calycinum (ohelo), Rubus Honuaula Forest Reserve on State- 1996). From a specimen collected by hawaiiensis (akala), and Dryopteris owned land, and at Kulani/Keauhou on James Macrae on Mauna Kea, on the wallichiana (Clarke et al. 1983; HHP a State-owned correctional facility and 53142 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations adjacent privately owned land (Clarke et The opposite, nearly hairless, toothed this genus to be part of the larger genus al. 1983; HHP 1991f1; HPCC 1990b, leaves are 9.5 to 20 cm (3.7 to 7.9 in) Dracaena, but this combination is no 1991f, 1992b; S. Bergfeld, in litt., 1995; long and 2 to 6.6 cm (0.8 to 2.6 in) wide. longer used. St. John (1985) M. Bruegmann, in litt., 1994; Jon Giffin, Six to 14 flowers are borne in an distinguished two separate species, DOFAW, pers. comm., 1994). unbranched inflorescence up to 20 cm Pleomele haupukehuensis and P. Approximately 30 to 55 plants are (7.9 in) long with a main stalk 25 to 40 konaensis, which the current treatment known from these three populations mm (1.0 to 1.6 in) long and conspicuous includes in Pleomele hawaiiensis (HHP 1991f1; HPCC 1990b, 1991f, leaflike bracts. The green, hairless, cone- (Wagner et al. 1990). 1992b; S. Bergfeld, in litt., 1995; M. shaped calyx is 6 to 8 mm (0.2 to 0.3 Pleomele hawaiiensis, of the agave Bruegmann, in litt., 1994). A fourth in) long and has triangular lobes. The family (Agavaceae), is a branching tree, population has been reported from the corolla is white with a dark rose upper 5 to 6 m (16 to 20 ft) tall, with leaves general area of Waiea Tract in South lip, sparsely hairy, and has a tube about spirally clustered at the tips of branches Kona, but the exact location and current 18 to 20 mm (0.7 to 0.8 in) long, upper and leaving large brown leaf scars as status of this population are unknown lip about 6 mm (0.2 in) long, and lower they fall off. The leaves measure 23 to (HHP 1991f2). lip 12 to 15 mm (0.5 to 0.6) long. Fruits 38 cm (9 to 15 in) long and 1.4 to 2.7 Phyllostegia velutina typically grows are divided into four nutlets about 6 to cm (0.6 to 1 in) wide. Flowers are in ’ohi’a- and koa-dominated Montane 7 mm (0.2 to 0.3 in) long. This species numerous in terminal clusters with a Mesic and Wet Forests at elevations is distinguished from others in this main stalk 6 to 13 cm (2 to 5 in) long between 1,490 and 1,800 m (4,900 and genus by its long main stalk to the and individual flower stalks 5 to 12 mm 6,000 ft). Associated taxa include flower clusters, toothed leaves, and the (0.2 to 0.5 in) long. The three sepals and hapu‘us, Cheirodendron trigynum distribution of hairs (Sherff 1935, three petals of the flower are similar and (’olapa), ’ohelo, pilo, Dryopteris Wagner et al. 1990). pale yellow, 33 to 43 mm (1.3 to 1.7 in) wallichiana, akala, mamaki, ho’i’o, Historically, Phyllostegia warshaueri long, with a constricted base. The fruit Myrsine sp. (kolea), and Ilex anomala was found only on the island of Hawaii, is a red berry about 10 to 13 mm (0.4 (kawa’u) (Clarke et al. 1983; HHP in the Hamakua region on the northern to 0.5 in) long. This species differs from 1991f1; HPCC 1990b, 1991f, 1992b; slopes of Mauna Kea and in the Kohala other Hawaiian species in this genus by Wagner et al. 1990). Mountains (Clarke et al. 1981; Cuddihy its pale yellow flowers, the size of the Threats to Phyllostegia velutina are et al. 1982; HHP 1991g1 to 1991g3, flowers, the length of the constricted habitat damage by cattle, feral pigs and 1993e). The only known individuals base of the flower, and the width of the sheep; prison facility expansion, road occur in two populations in the Kohala leaves (Degener and Degener 1930, St. clearing, and logging; competition from Mountains near the Hamakua Ditch John 1985, Wagner et al. 1990). alien plants, such as kikuyu grass, Trail in the Kohala Mountains, on Historically, Pleomele hawaiiensis Rubus ellipticus (yellow Himalayan privately owned land (HPCC 1992c; M. was found only on the island of Hawaii raspberry), Vasey grass, and fountain Bruegmann, in litt., 1994; D. Ragone and ranging from Hualalai to Kau (Degener grass; fire; habitat change due to K. Wood, in litt., 1995). The total and Degener 1980; HHP 1991h1 to volcanic activity; and a risk of number of individuals is 5 to 10 (D. 1991h8, 1993f1 to 1993f4; HPCC 1991g, extinction from naturally occurring Ragone and K. Wood, in litt., 1995). This 1992d, 1993b; St. John 1985; Tunison et events and/or reduced reproductive species grows in ’ohi’a and hapu’u al. 1991; Wagner et al. 1990). Six to vigor due to the small number of Montane Wet Forest in which koa or eight populations are currently known— existing populations and individuals olapa may codominate, at elevations one to three in the Puu Waawaa region (HHP 1991f1; HPCC 1990b, 1991f, between 730 and 1,150 m (2,400 and of Hualalai on State-leased and private 1992b; M. Bruegmann, in litt., 1994). 3,770 ft) (Clarke et al. 1981; Cuddihy et land; two in the Kaloko/Kaloao area on Phyllostegia ambigua var. longipes al. 1982; HHP 1991g1, 1991g2; HPCC private land; two in the Kapua/Kahuku was first collected by J.M. Lydgate and 1992c; Wagner et al. 1990). Associated area on private land; and one on Holei named by Hillebrand (1888). The type taxa include Sadleria sp. (’amau), Pali within HVNP. These populations locality was suggested to be ‘‘probably hapu‘us, Broussaisia arguta (kanawao), total 300 to 400 individuals (Char 1987; East Maui’’ (Hillebrand 1888), but this is mamaki, Dubautia plantaginea HHP 1991h1, 1991h2, 1991h4, 1991h5, assumed to be in error since Rock’s field (na’ena’e), ’oha wai, ho’i’o, Machaerina 1993f3, 1993f4; HPCC 1991g, 1992d, notes indicate that he and Lydgate were angustifolia (’uki’uki), Cyanea pilosa 1993b; Nagata 1984; Nishida 1993; in the Kohala Mountains at the time of (haha), and other species of Cyanea Tunison et al. 1991; M. Bruegmann, in that collection (Cuddihy 1982, Wagner (HPCC 1992c). litt., 1994, 1996; W. Char, in litt., 1995; et al. 1990). E.E. Sherff did not consider The major threats to Phyllostegia Samuel Gon III, HHP, in litt., 1992; J. Phyllostegia ambigua different from warshaueri are habitat destruction by Lau, in litts., 1990 and 1993; L. Pratt, in Phyllostegia brevidens, and created the pigs; competition from alien plant taxa, litt., 1994; W. Char, pers. comm., 1994; combination Phyllostegia brevidens var. like thimbleberry, strawberry guava, Clyde Imada, Bishop Museum, pers. longipes (Sherff 1935). Based on newly Setaria palmifolia (palmgrass), Juncus comm., 1994). The only populations collected material, St. John considered planifolius, and Tibouchina herbacea that are successfully reproducing are at this variety sufficiently different to (glorybush); ditch improvements and Kaloko and Holei Pali (M. Bruegmann, warrant designation as the species road clearing; and a risk of extinction in litt., 1994). An additional population Phyllostegia warshaueri (St. John from naturally occurring events and/or may exist along the western boundary of 1987b). The current treatment has reduced reproductive vigor due to the HVNP, but it has not been revisited maintained this species (Wagner et al. small number of existing individuals in recently (L. Pratt, in litt., 1995). 1990). the one remaining population (HPCC Pleomele hawaiiensis typically grows Phyllostegia warshaueri, of the mint 1992c; M. Bruegmann, in litt., 1994). on open aa lava in diverse Lowland Dry family, is either a sprawling or climbing Otto and Isabelle Degener named Forests at elevations between 300 and vine with end branches turning up, Pleomele hawaiiensis from a specimen 800 m (1,000 and 2,700 ft) (HHP covered with upward-pointing fine, collected in 1977, which was first 1991h1, 1991h2, 1991h4, 1991h5, short hairs on the square stems which validly published in 1980 (Degener and 1993f3, 1993f4; HPCC 1991g, 1992d, are about 1 to 3 m (3.3 to 10 ft) long. Degener 1980). Some experts considered 1993b; Wagner et al. 1990; S. Gon, in Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53143 litt., 1992; J. Lau, in litts., 1990 and by its slender inflorescence branches, plant. Male flower clusters have main 1993). Associated taxa include ’ohi’a, more deeply divided leaves, and stalks 2.5 to 3.7 cm (1 to 1.5 in) long and lama, mamane, Sydrax odoratum pendulous rather than stiff tips of the individual flower stalks 2 to 4 mm (0.08 (alahe’e), huehue, naio, olopua, leaf blade segments (Hodel 1985, Read to 0.1 in) long. The male flowers are Nototrichium sandwicense (kulu’i), Sida and Hodel 1990). white, five-lobed, dotted with glands, fallax (’ilima), Erythrina sandwicensis Pritchardia schattaueri is known from and 2 to 2.5 mm (0.08 to 0.09 in) long. (wiliwili), Santalum sp. (’iliahi), 12 individuals in three locations in The female flower clusters have two to Osteomeles anthyllidifolia (’ulei), and South Kona on the island of Hawaii, on eight flowers, a main stalk 1 to 3.5 cm fountain grass as a dominant ground privately owned land. Ten individuals (0.4 to 1.4 in) long, and no stalks on the cover, as well as four federally are known from a forest partially cleared individual flowers. The flowers are endangered species (Caesalpinia for pasture in Hoomau. Two other white and four-lobed, with the lobes 1.7 kavaiensis (uhiuhi), Colubrina individuals are found singly at the edge to 2 mm (0.07 to 0.08 in) long. The fruit oppositifolia (kauila), Nothocestrum of a macadamia nut farm and in an area is white, fleshy, oblong, 29 to 32 mm breviflorum (ai’ae)), and Neraudia owned by a development company. Ten (1.1 to 1.3 in) long, and 10 to 11 mm ovata, and other species of concern, seedlings have been planted near the (about 0.4 in) wide. This species can be including Capparis sandwichiana (pua macadamia farm individual (HHP distinguished from its nearest relative, pilo) and Bidens micrantha ssp. 1991i1 to 1991i3; HPCC 1992e1, 1992e2; Sicyos cucumerinus, by its white fruit ctenophylla (ko’oko’olau) (Char 1987; Hodel 1980, 1985; M. Bruegmann, in without bristles and ten or fewer female HHP 1991h2, 1991h4 to 1991h6; HPCC litt., 1994; Donald Hodel, University of flowers per cluster (St. John 1978, 1991g, 1992d, 1993b; M. Bruegmann, in California, Los Angeles, in litt., 1995). Telford 1990). litt., 1994; S. Gon, in litt., 1992; J. Lau, Pritchardia schattaueri grows in Historically, Sicyos alba was found in litts., 1990 and 1993). ’ohi’a-dominated Lowland Mesic Forest, only on the island of Hawaii, from The major threats to Pleomele at elevations between 600 and 800 m Mauna Kea, Kilauea, and the Puu hawaiiensis are habitat conversion (1,970 to 2,600 ft) (HHP 1991i1 to Makaala area (HHP 1991j1 to 1991j4, St. associated with residential and 1991i3; HPCC 1992e1, 1992e2; Hodel John 1978). Today, the two known recreational development; habitat 1985; Read and Hodel 1990). Associated populations are restricted to Puu destruction by cattle, pigs, sheep, and taxa include ’ohi’a, olopua, papala, Makaala NAR and Olaa Forest Reserve, goats; fire (which destroyed a large hapu’us, kolea, and Pittosporum sp. both on State-owned land in the Puna portion of one Puu Waawaa population (ho’awa) (HHP 1991i2; HPCC 1992e1; District (HHP 1991j1; HPCC 1991h, in 1986); competition from alien plant M. Bruegmann, in litt., 1994). 1993c). The number of individuals taxa, like fountain grass, koa haole, The major threats to Pritchardia fluctuates from year to year because this Christmas berry, and lantana; habitat schattaueri are grazing and trampling by species is an annual. At last report, only change due to volcanic activity; and the cattle and feral pigs; competition from one individual was growing at Puu lack of reproduction in all but two alien plant taxa, like strawberry guava, Makaala NAR, but about 20 individuals populations (Char 1987; HHP 1991h2, common guava, kikuyu grass, Christmas are known from the Olaa population 1991h4, 1991h5; HPCC 1991g, 1992d, berry, and thimbleberry; seed predation (HPCC 1993c; M. Bruegmann, in litt., 1993b; Nagata 1984; M. Bruegmann, in by rats; residential and commercial 1994; Steve Perlman, NTBG, pers. litt., 1994; J. Lau, in litt., 1990; C. Imada, development; habitat change due to comm., 1994). A Sicyos collected in pers. comm., 1994). volcanic activity; and a risk of HVNP’s Olaa Tract may also be this Donald Hodel (1985) described extinction from naturally occurring species, but the identification is Pritchardia schattaueri based on a events and/or reduced reproductive unconfirmed at this time (L. Pratt, in specimen collected from plants vigor due to the small number of litt., 1995). discovered by George Schattauer in existing populations and individuals Sicyos alba typically grows in ’ohi’a- 1957 (M. Bruegmann, in litt., 1994). and the lack of successful regeneration and hapu‘u-dominated Montane Wet Pritchardia schattaueri, of the palm (HHP 1991i1 to 1991i3; HPCC 1992e1, Forests, at elevations between 975 and family (Arecaceae), is a large palm 30 to 1992e2; Hodel 1980, 1985; M. 1,130 m (3,200 to 3,720 ft) (HHP 1991j1; 40 m (100 to 130 ft) tall with a gray, Bruegmann, in litt., 1994). Lethal HPCC 1991h, 1993c; Telford 1990). longitudinally grooved trunk 30 cm (12 yellowing is a disease particular to Associated taxa include hapu’u, kawa’u, in) in diameter. Leaves form a spherical palms that represents a potential threat kanawao, ha’iwale, Stenogyne sp., crown and are sometimes persistent if the disease ever reaches Hawaii. kopiko, Perrottetia sandwicensis after death. Leaves are fan-shaped, First collected by the U.S. Exploring (olomea), olapa, ho’i’o, and Cyanea glossy green with small brown scales on Expedition of 1840 and 1841, and tritomantha (haha) (HHP 1991j1; HPCC the lower surface, up to 3.6 m (11.8 ft) considered a new but unnamed variety 1991h, 1993c; M. Bruegmann, in litt., long and 1.7 m (5.6 ft) wide. Flowers are of Sicyos cucumerinus by Gray in 1854, 1994). on two- to four-branched inflorescences Sarx alba was named by St. John in The major threats to Sicyos alba are with a main stalk 1.2 to 1.75 m (3.9 to 1978, creating Sarx as a new genus (St. habitat damage by feral pigs; trail 5.7 ft) long and individual branches 1 to John 1978, Telford 1990). Ian Telford clearing; competition from alien plant 1.4 m (3.2 to 4.6 ft) long. The five bracts returned this entity to the genus Sicyos, taxa, like banana poka, palmgrass, are lance-shaped, the lowest one 60 cm maintaining the species as Sicyos alba strawberry guava, and yellow (2 ft) long, and the uppermost one 20 to (Telford 1989). Himalayan raspberry; habitat change 30 cm (9 to 12 in) long. The calyx is Sicyos alba, of the gourd family due to volcanic activity; and a risk of green, shading to yellow-green at the (Cucurbitaceae), is an annual vine up to extinction from naturally occurring tip, three-toothed, 6 mm (0.2 in) long, 20 m (65 ft) long, minutely hairy, and events and/or reduced reproductive and 4 mm (0.1 in) wide. Fruits are black-spotted. Leaves are pale, broadly vigor due to the small number of round or pear-shaped, black with brown heart-shaped, shallowly to deeply three- existing individuals (HHP 1991j1; HPCC spots when mature, 3 to 5 cm (1.2 to 2 to five-lobed, 7 to 11 cm (2.8 to 4.3 in) 1991h, 1993c). in) long, and 3 to 4 cm (1.2 to 1.6 in) long, and 9 to 12 cm (3.5 to 4.7 in) wide. Horace Mann described Zanthoxylum wide. This species differs from its Male and female flowers are borne in dipetalum in 1867, and Rock named a closest relative, Pritchardia beccariana, separate flower clusters on the same new variety Zanthoxylum dipetalum 53144 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations var. tomentosum, based on a specimen Bruegmann, in litt., 1994). Associated grace period was given to proposals he collected at Puu Waawaa on species include mamane, lama, ’ala’a, already over two years old. On Hualalai, on the island of Hawaii, in ’iliahi, ’ohe, kolea, and kopiko (HHP December 10, 1979, the Service 1909 (Rock 1913). The specific epithet 1993g; HPCC 1993d). published a notice in the Federal refers to the dense covering of soft hairs Threats to Zanthoxylum dipetalum Register (44 FR 70796) withdrawing the on the undersurface of the leaflets. var. tomentosum include browsing, portion of the June 16, 1976, proposal Some authors have placed Hawaiian trampling, and habitat disturbance by that had not been made final, along with taxa in the genus Fagara, resulting in F. cattle, feral pigs, and sheep; competition four other proposals that had expired. dipetala var. tomentosa (Stone et al. from alien plant species, such as kikuyu The Service published updated notices 1990). However, Zanthoxylum grass, fountain grass, lantana, koa haole, of review for plants on December 15, dipetalum var. tomentosum is and Grevillea robusta (silk oak); habitat 1980 (45 FR 82479), September 27, 1985 maintained in the current treatment of change due to volcanic activity; and fire (50 FR 39525), February 21, 1990 (55 FR the Hawaiian species (Stone et al. 1990). (HHP 1993g; HPCC 1993d; M. 6183), September 30, 1993 (58 FR Zanthoxylum dipetalum var. Bruegmann, in litt., 1994; J. Lau, in litt., 51144), and February 28, 1996 (61 FR tomentosum, of the citrus family, is a 1992). In addition, the species is 7596). All of the taxa in this final rule thornless tree 4 to 15 m (13 to 49 ft) tall threatened by a risk of extinction from (including synonymous taxa) have at with a trunk up to 30 cm (12 in) in naturally occurring events and/or one time or another been considered diameter. It has alternate leaves reduced reproductive vigor due to the either category 1 or category 2 comprised of three to seven leathery, small number of existing individuals in candidates for Federal listing. Category elliptical, gland-dotted, smooth-edged only one population. 1 species are those for which the Service leaflets usually 6 to 36 cm (2.4 to 12 in) Previous Federal Action has on file substantial information on long and 2.5 to 13.5 cm (1 to 5.3 in) biological vulnerability and threats to wide. The undersurface of the leaflets is Federal action on these plants began support preparation of listing proposals densely covered with fine, short hairs, as a result of section 12 of the Act, but for which listing proposals have not and the lowest pair of leaflets is often which directed the Secretary of the been published because they were strongly reduced. The stalks of the side Smithsonian Institution to prepare a precluded by other listing activities. leaflets have one joint each, and the report on plants considered to be Category 2 species were those for which stalk of the terminal leaflet has two endangered, threatened, or extinct in the listing as endangered or threatened was joints. Flowers are usually either male United States. This report, designated as or female, and usually only one sex is House Document No. 94–51, was possibly appropriate, but for which found on a single tree. Clusters of 5 to presented to Congress on January 9, sufficient data on biological 15 flowers, 9 to 18 mm (0.4 to 0.7 in) 1975. In that document, Clermontia vulnerability and threats was not long, have a main flower stalk 10 to 40 drepanomorpha, Cyanea platyphylla (as currently available to support proposed mm (0.4 to 1.6 in) long and individual C. bryanii), Hibiscadelphus giffardianus, rules. Hibiscadelphus giffardianus and flower stalks 3 to 8 mm (0.1 to 0.3 in) Hibiscadelphus hualalaiensis, Melicope Hibiscadelphus hualalaiensis were long. Each flower has four broadly zahlbruckneri (as Pelea zahlbruckneri), considered category 1 candidates on all triangular sepals about 1 to 1.5 mm and Neraudia ovata were considered to five notices of review; Clermontia (0.04 to 0.06 in) long and two or four be endangered. Zanthoxylum dipetalum drepanomorpha, Neraudia ovata, and yellowish white petals, sometimes var. tomentosum was considered to be Pleomele hawaiiensis (including the tinged with red, 6 to 10 mm (0.2 to 0.4 threatened. On July 1, 1975, the Service synonym Dracaena hawaiiensis) were in) long. The fruit is an oval follicle (dry published a notice in the Federal considered category 1 species in the fruit that opens along one side) 15 to 33 Register (40 FR 27823) of its acceptance 1980, 1983, and 1985 notices and mm (0.6 to 1.3 in) long, containing one of the Smithsonian report as a petition category 2 species in the 1990 and 1993 black seed about 10 to 26 mm (0.4 to 1 within the context of section 4(c)(2) notices. Cyanea platyphylla (as Cyanea in) long. This variety is distinguished (now section 4(b)(3)) of the Act, and bryanii and Cyanea fernaldii) was from Zanthoxylum dipetalum var. giving notice of its intention to review considered a category 1 species in the dipetalum by the hairs on the the status of the plant species named 1980, 1983, and 1985 notices, but was undersurface of the leaflets. It is therein. As a result of that review, on removed from consideration as a distinguished from other Hawaiian June 16, 1976, the Service published a candidate in 1990 when C. bryanii and species of the genus by its reduced proposed rule in the Federal Register C. fernaldii were synonymized. The lower leaflets, the presence of only one (41 FR 24523) to determine endangered resulting taxon, Cyanea platyphylla, joint on some of the leaflet stalks, and status pursuant to section 4 of the Act was thought to be more common than the large seeds (Rock 1913, Stone et al. for approximately 1,700 vascular plant previous records indicated. Current 1990). species, including all of the above information indicates that removing this Only one population of Zanthoxylum species considered to be endangered. taxon from consideration for listing was dipetalum var. tomentosum has ever The list of 1,700 plant taxa was inappropriate. Melicope zahlbruckneri been known, located at Puu Waawaa on assembled on the basis of comments and appeared as a category 1 candidate in Hualalai, on the island of Hawaii (HHP data received by the Smithsonian the 1985 notice (as Pelea zahlbruckneri). 1993g, Rock 1913, Stone et al. 1990). Institution and the Service in response This taxon was transferred into the Approximately 24 individuals are now to House Document No. 94–51 and the genus Melicope and its status was known, scattered through the area (HHP July 1, 1975, Federal Register changed to category 2 in the 1990 1993g; HPCC 1991i, 1993d; M. publication. notice. Pritchardia schattaueri was Bruegmann, in litt., 1994; J. Giffin, in General comments received in considered a category 2 species in the litt., 1992; J. Lau, in litt., 1992). response to the 1976 proposal are 1985, 1990, and 1993 notices. Zanthoxylum dipetalum var. summarized in an April 26, 1978, Phyllostegia racemosa, Phyllostegia tomentosum grows in degraded ’ohi’a- Federal Register publication (43 FR velutina, Phyllostegia warshaueri, dominated Montane Mesic Forest, often 17909). In 1978, amendments to the Act Sicyos alba, and Zanthoxylum on aa lava, at elevations between 915 required that all proposals over two dipetalum var. tomentosum all first and 1,040 m (3,000 and 3,400 ft) (M. years old be withdrawn. A one-year appeared in the 1990 notice, and again Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53145 in 1993, as category 2 species. and Recommendations below), the endangered species and three only Designation of Category 2 species was Service now determines Clermontia included an acknowledgement of discontinued in the February 28, 1996, drepanomorpha, Cyanea platyphylla, receiving a copy of the proposed rule. notice (61 FR 7596). Hibiscadelphus giffardianus, Four of the comments included Section 4(b)(3)(B) of the Act requires Hibiscadelphus hualalaiensis, Melicope additional information on the numbers the Secretary to make findings on zahlbruckneri, Neraudia ovata, of individuals and populations for some petitions that present substantial Phyllostegia racemosa, Phyllostegia of the 13 plant species. This information information indicating the petitioned velutina, Phyllostegia warshaueri, has been incorporated into this final action may be warranted within 12 Pleomele hawaiiensis, Pritchardia rule. months of their receipt. Section 2(b)(1) schattaueri, Sicyos alba, and The Service also solicited the expert of the 1982 amendments further Zanthoxylum dipetalum var. opinions of four appropriate and requires all petitions pending on tomentosum to be endangered. independent specialists regarding October 13, 1982, be treated as having pertinent scientific or commercial data Summary of Comments and been newly submitted on that date. On and assumptions relating to the Recommendations October 13, 1983, the Service found that taxonomy, population models, and the petitioned listing of these taxa was In the September 25, 1995, proposed biological and ecological information for warranted, but precluded by other rule and associated notifications, all these 13 species. Two responses from pending listing actions, in accordance interested parties were requested to the specialists were received, and their with section 4(b)(3)(B)(iii) of the Act; submit factual reports or information comments on the numbers of notification of this finding was that might contribute to the individuals and populations of six published on January 20, 1984 (49 FR development of a final rule. The public species were incorporated into this final 2485). Such a finding requires the comment period ended on November rule. Service to consider the petition as 24, 1995. Appropriate State agencies, Summary of Factors Affecting the having been resubmitted, pursuant to county governments, Federal agencies, Species section 4(b)(3)(C)(i) of the Act. The scientific organizations, and other finding was reviewed in October of interested parties were contacted and Section 4 of the Endangered Species 1984, 1985, 1986, 1987, 1988, 1989, requested to comment. A newspaper Act and regulations (50 CFR part 424) 1990, 1991, 1992, and 1993. The notice inviting public comment was issued to implement the listing proposed rule published on September published in the ‘‘Honolulu provisions of the Act set forth the 25, 1995 (60 FR 49377) to list these 13 Advertiser’’, the ‘‘Kauai Times’’, and the criteria for adding species to the Federal plant taxa as endangered species ‘‘Hawaii Herald Tribune’’ on October lists. A species may be determined to be constituted the final 12-month finding 18, 1995. an endangered species due to one or for these species. Comments were received from nine more of the five factors described in Based on comments received in parties. Five parties supported the section 4(a)(1). The threats facing these response to the proposal (see Comments listing of these 13 plant species as 13 taxa are summarized in Table 1.

TABLE 1.ÐSUMMARY OF THREATS

Alien mammals Species Disease/ Alien Fire Natural Human Limited Cattle Pigs Rats Sheep Goats insects plants disasters impacts numbers *

Clermontia drepanomorpha ...... X X ...... X ...... P X X1 Cyanea platyphylla ...... P P ...... X ...... X X X1,3 Hibiscadelphus giffardianus ...... X ...... X X X X ...... X1,3,4 Hibiscadelphus hualalaienis ...... P P X P ...... X X X X X1,3,4 Melicope zahlbruckneri ...... P ...... X X ...... X ...... X1,3 Neraudia ovata ...... X X X X ...... X X X1,3 Phyllostegia racemosa ...... X X ...... X ...... X X X1,3 Phyllostegia velutina ...... X X ...... X ...... X X X X X1,3 Phyllostegia warshaueri ...... X ...... X ...... X X1,2 Pleomele hawaiiensis ...... X X ...... X X ...... X X X X Pritchardia schattaueri ...... X X X ...... P X ...... X X X1,3 Sicyos alba ...... X ...... X ...... X X X1,2 Zanthoxylum dipetalum var. X X ...... X ...... X X X X X1,3 tomentosum. KEY: X = Immediate and significant threat. P = Potential threat. * = No more than 100 known individuals and/or no more than 5 known popu- lations. 1 = No more than 5 known populations. 2 = No more than 10 known individuals. 3 = No more than 100 known individuals. 4 = All original wild populations extinct; planted individuals only.

These factors and their application to racemosa Benth. (kiponapona), A. The present or threatened Clermontia drepanomorpha Rock (’oha Phyllostegia velutina (Sherff) St. John destruction, modification, or wai), Cyanea platyphylla (A. Gray) (NCN), Phyllostegia warshaueri St. John curtailment of its habitat or range. The Hillbr. (haha), Hibiscadelphus (NCN), Pleomele hawaiiensis Degener habitats of the plants included in this giffardianus Rock (hau kuahiwi), and I. Degener (hala pepe), Pritchardia final rule have undergone extreme Hibiscadelphus hualalaiensis Rock (hau schattaueri Hodel (loulu), Sicyos alba alteration because of past and present kuahiwi), Melicope zahlbruckneri Rock (St. John) Telford (’anunu), and land management practices, including (alani), Neraudia ovata Gaud. (no Zanthoxylum dipetalum var. deliberate alien animal and plant common name (NCN)), Phyllostegia tomentosum Rock (a’e) are as follows: introductions; agricultural, commercial, 53146 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations and urban development; and disturbed areas into which alien plants exclude pigs and the Hibiscadelphus recreational use. Natural disturbances invade, and spread seeds of alien plants hualalaiensis site to exclude pigs and such as volcanic activity also destroy in their feces and on their bodies. The cattle, but these alien mammals still habitat and can have a significant effect forest in areas grazed by cattle becomes pose a potential threat to these taxa if on small populations of plants. degraded to grassland pasture, and plant fencing is not monitored and Competition with alien plants as well as cover is reduced for many years maintained (Clarke et al. 1983; HHP destruction of plants and modification following removal of cattle from an area. 1991e1, 1991e4, 1991j1; HPCC 1990b, of habitat by introduced animals are the Several alien grasses and legumes 1991a, 1991f, 1991h, 1992a to 1992d, primary threats facing all of taxa in this purposely introduced for cattle forage 1993a, 1993c; Pratt and Cuddihy 1990; final rule (See Table 1.). have become noxious weeds (Cuddihy M. Bruegmann, in litt., 1994; J. Jeffrey Beginning with Captain James Cook in and Stone 1990, Tomich 1986). and L. Pratt, pers. comms., 1994). 1792, early European explorers The habitats of many of these 13 Goats (Capra hircus), originally native introduced livestock, which became plants were degraded in the past by feral to the Middle East and India, were feral, increased in number and range, cattle, and this has had effects which successfully introduced to the Hawaiian and caused significant changes to the still persist. Some taxa in this final rule Islands in 1792, and currently there are natural environment of Hawaii. The that are still directly affected by cattle populations on Kauai, Oahu, Molokai, 1848 provision for land sales to include: Phyllostegia racemosa, Maui, and Hawaii. On Hawaii, goats individuals allowed large-scale Phyllostegia velutina, Pleomele damage low-elevation dry forest, agricultural and ranching ventures to hawaiiensis, Pritchardia schattaueri, montane parkland, subalpine begin. So much land was cleared for and Zanthoxylum dipetalum var. woodlands, and alpine grasslands. Goats these enterprises that climatic tomentosum. The Hibiscadelphus are managed in Hawaii as a game conditions began to change, and the hualalaiensis site is currently fenced to animal, but many herds populate amount and distribution of rainfall were exclude cattle and pigs, but these alien inaccessible areas where hunting has altered (Wenkam 1969). Plantation mammals constitute a potential threat to little effect on their numbers. Goat owners supported reforestation this taxon if the fencing is not hunting is allowed year-round or during programs which resulted in many alien monitored and maintained (HHP certain months, depending on the area trees being introduced in the hope that 1991i2, 1993g; HPCC 1991e, 1991i, (Hawaii DLNR n.d., 1985). Goats browse watersheds could be conserved. 1992d, 1992e1, 1993b, 1993d; Hodel on introduced grasses and native plants, Past and present activities of 1980, 1985; Pratt and Cuddihy 1990; M. especially in drier and more open introduced alien mammals are the Bruegmann, in litt., 1994; J. Jeffrey, pers. ecosystems. They also trample roots and primary factors in altering and comm., 1994). seedlings, cause erosion, and promote degrading vegetation and habitats on the Pigs (Sus scrofa) are originally native the invasion of alien plants. They are island of Hawaii where populations of to Europe, northern Africa, Asia Minor, able to forage in extremely rugged the 13 species occur. Feral ungulates and Asia. European pigs, introduced to terrain and have a high reproductive trample and eat native vegetation and Hawaii by Captain James Cook in 1778, capacity (Cuddihy and Stone 1990, disturb and open areas. This causes became feral and invaded forested areas, Culliney 1988, Tomich 1986). Neraudia erosion and allows the entry of alien especially wet and mesic forests and dry ovata and Pleomele hawaiiensis are plant taxa (Cuddihy and Stone 1990, areas at high elevations. They are currently threatened by goats (Char Wagner et al. 1990). Eleven taxa in this currently present on Kauai, Oahu, 1987; HPCC 1993b; M. Bruegmann, in proposal are directly threatened by Molokai, Maui, and Hawaii and inhabit litt., 1996). habitat degradation resulting from rain forests and grasslands. Pig hunting Sheep (Ovis aries) have become introduced ungulates: six taxa are is allowed on all islands either year- established on the island of Hawaii threatened by cattle, two taxa by goats, round or during certain months, (Tomich 1986) since their introduction ten by pigs, and five by sheep. depending on the area (Hawaii DLNR almost 200 years ago (Cuddihy and Cattle (Bos taurus), the wild n.d., 1985). While rooting in the ground Stone 1990). Sheep roam the upper progenitor of which was native to in search of the invertebrates and plant elevation dry forests of Hualalai (above Europe, northern Africa, and material they eat, feral pigs disturb and 1,000 m (3,300 ft)), causing damage southwestern Asia, were introduced to destroy vegetative cover, trample plants similar to that of goats (Stone 1985). the Hawaiian Islands in 1793. Large and seedlings, and threaten forest Sheep have decimated vast areas of feral herds developed as a result of regeneration by damaging seeds and native forest and shrubland on Mauna restrictions on killing cattle decreed by seedlings. They disturb soil substrates Kea and continue to do so as a managed King Kamehameha I. While small cattle and cause erosion, especially on slopes. game species. Sheep threaten the habitat ranches were developed on Kauai, Alien plant seeds are dispersed in their of the following plant species in this Oahu, and West Maui, very large hooves and coats as well as through final rule: Hibiscadelphus hualalaiensis, ranches of tens of thousands of acres their digestive tracts, and the disturbed Neraudia ovata, Phyllostegia velutina, were created on East Maui and Hawaii. soil is fertilized by their feces, helping Pleomele hawaiiensis, and Much of the land used in these private establish these plants (Cuddihy and Zanthoxylum dipetalum var. enterprises was leased from the State or Stone 1990, Smith 1985, Stone 1985, tomentosum (Cuddihy and Stone 1990; was privately owned and considered Tomich 1986, Wagner et al. 1990). Feral Stone 1985; M. Bruegmann, in litt., Forest Reserve and/or Conservation pigs pose an immediate threat to one or 1994, 1996). District land. Feral cattle can presently more populations of the following taxa: Land development for housing and be found on the island of Hawaii, and Clermontia drepanomorpha, commercial activities threatens ranching is still a major commercial Phyllostegia racemosa, Phyllostegia Neraudia ovata, Pleomele hawaiiensis, activity there. Hunting of feral cattle is velutina, Phyllostegia warshaueri, and Pritchardia schattaueri since no longer allowed in Hawaii (Hawaii Pleomele hawaiiensis, Pritchardia individuals of these species grow on Department of Land and Natural schattaueri, Sicyos alba, and private land that may be developed Resources (DLNR) 1985). Cattle eat Zanthoxylum dipetalum var. (Char 1987; HHP 1991j1; HPCC 1992e2; native vegetation, trample roots and tomentosum. The Cyanea platyphylla Nagata 1984; M. Bruegmann, in litt., seedlings, cause erosion, create population is currently fenced to 1994). In addition, the populations of Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53147

Phyllostegia velutina within the Kulani rat), which now occurs on all the main Hawaii may be affected by the disease Correctional Facility are potentially Hawaiian Islands around human (Hull 1980). threatened by expansion of the prison habitations, in cultivated fields, and in D. The inadequacy of existing facilities (M. Bruegmann, in litt., 1994). dry to wet forests. Roof rats, and to a regulatory mechanisms. Seven of the 13 Clermontia drepanomorpha and lesser extent Mus musculus (house taxa in this final rule have populations Phyllostegia warshaueri are threatened mouse), R. exulans (Polynesian rat), and located on privately owned land. by irrigation ditch improvements (HHP R. norvegicus (Norway rat), eat the fruits Pritchardia schattaueri is the only plant 1993a1, HPCC 1993a, HPCC 1992c). of some native plants, especially those of the 13 taxa exclusively on private Phyllostegia racemosa is threatened by with large, fleshy fruits. Many native land. The following taxa occur logging operations (Pratt and Cuddihy Hawaiian plants produce their fruit over exclusively on State land—Cyanea 1990). an extended period of time, and this platyphylla, Hibiscadelphus B. Overutilization for commercial, produces a prolonged food supply hualalaiensis, and Zanthoxylum recreational, scientific, or educational which supports rodent populations dipetalum var. tomentosum. Two of purposes. Unrestricted collecting for (Cuddihy and Stone 1990). Rats damage these taxa, Hibiscadelphus scientific or horticultural purposes and fruit of Pritchardia schattaueri and hualalaiensis and Zanthoxylum excessive visits by individuals fruits, flowers, and bark of dipetalum var. tomentosum, are found interested in seeing rare plants are Hibiscadelphus giffardianus and exclusively on State land leased to a potential threats to all of the 13 taxa. Hibiscadelphus hualalaiensis (Baker private ranch. Four of the taxa This is a threat to Pleomele hawaiiensis and Allen 1978; HPCC 1992e2; M. (Clermontia drepanomorpha, Cyanea because little regeneration is occurring Bruegmann, in litt., 1994; L. Pratt, pers. platyphylla, Phyllostegia velutina, and in the wild. All of the other 12 taxa in comm., 1994). Rats probably feed on the Sicyos alba) have one or more this final rule are also threatened by fruits of Cyanea platyphylla and populations located in State NARs or a overcollection, since each taxon Melicope zahlbruckneri (M. Bruegmann, State wildlife sanctuary, which have comprises 1 to 3 populations and 100 or in litt., 1994; L. Pratt, pers. comm., rules and regulations for the protection fewer known individuals, or exist only 1994). Girdling by rats has been of resources (Hawaii DLNR 1981; HRS, as cultivated individuals. Any observed for Clermontia sects. 183D–4, 184–5, 195–5, and 195– collection of whole plants or drepanomorpha (Bruegmann 1990). 8). However, most of these areas still reproductive parts of any of these Sophonia rufofascia (two-spotted support large populations of pigs species could cause an adverse impact leafhopper) is a recently introduced maintained for sport hunting (M. on the gene pool and threaten the insect that causes feeding damage on Bruegmann, in litt., 1994). One or more populations of 9 of the survival of the species. leaves, typically in the form of stippling C. Disease or predation. Pigs, cattle, 13 taxa are located on land classified and yellowing. In addition to goats, or sheep have been reported in within conservation districts and owned mechanical feeding damage, this insect areas where populations of most of the by the State of Hawaii or private may introduce a plant virus. It is 13 taxa occur. Extensive browse damage companies or individuals. Regardless of suspected of causing severe dieback of from goats and/or sheep was observed the owner, lands in these districts, the native fern Dicranopteris linearis on all individuals of the newly among other purposes, are regarded as rediscovered population of Neraudia (uluhe) and economic damage to crops necessary for the protection of endemic ovata in Pohakuloa Training Area, and and ornamental plants in Hawaii. The biological resources and the numerous seedlings were completely two-spotted leafhopper is a threat to maintenance or enhancement of the defoliated (M. Bruegmann, in litt., Hibiscadelphus giffardianus and conservation of natural resources. 1996). As the other 12 taxa are not Melicope zahlbruckneri (M. Bruegmann, Activities permitted in conservation known to be unpalatable to these in litt., 1994; Adam Asquith, USFWS, districts are chosen by considering how ungulates, predation is a probable threat pers. comm., 1994). best to make a multiple use of the land where those animals have been The native plant bug, Hyalopeplus (HRS, sect. 205–2). Some uses, such as reported, potentially affecting the pellucidus, was found feeding and maintaining animals for hunting, are following taxa: Clermontia breeding on Hibiscadelphus based on policy decisions, while others, drepanomorpha, Cyanea platyphylla, giffardianus. Leaf yellowing is caused such as preservation of endangered Hibiscadelphus hualalaiensis, by this insect, which has been known to species, are mandated by State laws. Phyllostegia racemosa, Phyllostegia achieve large populations and cause Requests for amendments to district velutina, Phyllostegia warshaueri, economic damage to some crops (M. boundaries or variances within existing Pleomele hawaiiensis, Pritchardia Bruegmann, in litt., 1994; A. Asquith, classifications can be made by schattaueri, Sicyos alba, and pers. comm., 1994). government agencies and private Zanthoxylum dipetalum var. Aleurodicus dispersus (spiralling landowners (HRS, sect. 205–4). Before tomentosum. The lack of seedling whitefly) was first collected on Oahu in decisions about these requests are made, production or survival in two of the taxa 1978 (Nakahara 1981). Spiralling the impact of the proposed (Pleomele hawaiiensis and Pritchardia whitefly is a threat to Neraudia ovata reclassification on ‘‘preservation or schattaueri) and the occurrence of some (M. Bruegmann, in litt., 1994). maintenance of important natural populations or taxa only in areas Some species of Pritchardia are systems or habitat’’ (HRS, sects. 205–4, inaccessible to ungulates seem to known to be susceptible to lethal 205–17) as well as the maintenance of indicate the effect that browsing yellowing, which is a bacterium-like natural resources is required to be taken mammals, especially cattle and goats, organism producing disease in many into account (HRS, sects. 205–2, 205–4). have had in restricting the distribution palms. This disease is not yet reported For any proposed land use change of these plants. in Hawaii, but if it were ever which will occur on county or State Of the four species of rodents which accidentally introduced on plant land, will be funded in part or whole by have been introduced to the Hawaiian material brought into the State, it would county or State funds, or will occur Islands, the species with the greatest be a potential threat to Pritchardia within land classified as conservation impact on the native flora and fauna is schattaueri. In addition, cultivated district, an environmental assessment is probably Rattus rattus (roof or black Pritchardia specimens in areas outside required to determine whether or not 53148 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations the environment will be significantly zahlbruckneri, are restricted to Federal 100 species have become pests (Wagner affected (HRS, chapt. 343). If it is found land within HVNP and are actively et al. 1990). Naturalized, introduced that an action will have a significant managed by HVNP, they are still plant taxa compete with native plants effect, preparation of a full threatened with extinction from for space, light, water, and nutrients Environmental Impact Statement is naturally occurring events. (Cuddihy and Stone 1990). Some of required. Hawaii environmental policy, Hibiscadelphus giffardianus is known these taxa were brought to Hawaii by and thus approval of land use, is only from the 24 individuals that have various groups of people, including the required by law to safeguard ‘‘* * * the been replanted into original habitat by Polynesian immigrants, for food or State’s unique natural environmental HVNP. Melicope zahlbruckneri is cultural reasons. Plantation owners, characteristics * * *’’ (HRS, sect. 344– known only from one population of 30 alarmed at the reduction of water 3(1)). However, despite the existence of to 35 individuals. Both of these species resources for their crops caused by the such State laws and regulations which are threatened by the two-spotted destruction of native forest cover by give protection to Hawaii’s native leafhopper, an introduced insect that is grazing feral animals, supported the plants, their enforcement is difficult due spreading throughout the Hawaiian introduction of alien tree species for to limited funding and personnel. Islands, may reach epidemic reforestation. Ranchers intentionally Furthermore, State law provides little proportions if not controlled, and for introduced pasture grasses and other protection for plants not on state land or which there is currently no known species for agriculture, and sometimes in designated conservation districts. control. they inadvertently introduced weed Listing of these 13 plant species will Two additional species, Phyllostegia seeds as well. Other plants were brought trigger State listing under Hawaii’s racemosa and Pleomele hawaiiensis, to Hawaii for their potential Endangered Species Act and have one population each on Federal horticultural value (Cuddihy and Stone supplement the protection available land within HVNP. However, the 1990, Wenkam 1969). under other State laws. The Federal Act majority of the populations and Lantana camara (lantana), brought to will, therefore, offer additional individuals of these species occur on Hawaii as an ornamental plant, is an protection to these species. For State or private lands. aggressive, thicket-forming shrub which example, it is a violation of State law to One of the two known populations of can now be found on all of the main take, possess, or export an endangered Neraudia ovata occurs within the U.S. islands in mesic forests, dry shrublands, plant species (HRS sec. 195D–4(e)). In Army’s Pohakuloa Training Area. The and other dry, disturbed habitats turn, it would be a violation of the Army is fencing the plants, however, the (Wagner et al. 1990). Lantana threatens Federal Act for any person to remove, other population is located on private Pleomele hawaiiensis and the only cut, dig up, damage, or destroy any land. known populations of Hibiscadelphus listed plant in knowing violation of E. Other natural or manmade factors hualalaiensis, Neraudia ovata and State law or regulation or in the course affecting its continued existence. The Zanthoxylum dipetalum var. of any violation of a State criminal small numbers of populations and tomentosum (HHP 1993c2; HPCC 1992a, trespass law, the lack of adequate individuals of most of these taxa 1993b, 1993d; M. Bruegmann, in litt., resources to enforce State laws and increase the potential for extinction 1994). Leucaena leucocephala (koa regulations makes this provision from naturally occurring events. The haole), a naturalized shrub which is particularly important. In addition, limited gene pool may depress sometimes the dominant species in low State law contains provisions requiring reproductive vigor, or a single human- elevation, dry, disturbed areas on all of consideration of endangered plants in caused or natural environmental the main Hawaiian islands, threatens certain state and private actions which disturbance could destroy a significant Neraudia ovata, Pleomele hawaiiensis, would be triggered by listing under the percentage of the individuals or the only and Zanthoxylum dipetalum var. Federal ACT. (See Guidelines to known extant population. This tomentosum (Geesnick et al. 1990; ‘‘Protect endangered species of constitutes a major threat to 12 of the 13 HPCC 1993d; Nishida 1993; M. individual plants and animals.’’ HRS, taxa (See Table 1.). Two of the 13 taxa, Bruegmann, in litt., 1994). sec. 344–4(3) (A)). State laws relating to Melicope zahlbruckneri and Passiflora mollissima (banana poka), a the conservation of biological resources Zanthoxylum dipetalum var. woody vine, poses a serious problem to allow for the acquisition of land as well tomentosum, are known from a single mesic forests on Kauai and Hawaii by as the development and implementation population. Eight other taxa, Clermontia covering trees, reducing the amount of of programs concerning the drepanomorpha, Cyanea platyphylla, light which reaches trees as well as conservation of biological resources Neraudia ovata, Phyllostegia racemosa, understory, and causing damage and (HRS, sect. 195D–5(a)). The State also Phyllostegia velutina, Phyllostegia death to trees by the weight of the vines. may enter into agreements with Federal warshaueri, Pritchardia schattaueri, and Animals, especially feral pigs, eat the agencies to administer and manage any Sicyos alba, are known from only two to fruit and distribute the seeds (Cuddihy area required for the conservation, five populations. Eleven of the 13 taxa and Stone 1990, Escobar 1990). Banana management, enhancement, or are estimated to number no more than poka threatens Phyllostegia racemosa protection of endangered species (HRS, 100 known individuals. Two taxa, and Sicyos alba (HPCC 1993c; J. Jeffrey, sect. 195D–5(c)). Funds for these Hibiscadelphus giffardianus and pers. comm., 1994). Passiflora ligularis activities could be made available under Hibiscadelphus hualalaiensis, are (sweet granadilla) was first collected in section 6 (State Cooperative extinct in the wild and are known only Hawaii in 1909, and has since spread to Agreements) of the Federal Act for these from cultivated material. mesic and wet areas of Kauai, Oahu, 13 taxa. The Hawaii DLNR is mandated One or more of 21 taxa of introduced Lanai, and Hawaii (Escobar 1990). This to initiate changes in conservation plants threaten all 13 of the taxa. The taxon threatens one population of district boundaries to include ‘‘the original native flora of Hawaii consisted Cyanea platyphylla (HPCC 1991a). After habitat of rare native species of flora and of about 1,000 species, 89 percent of escaping from cultivation, Schinus fauna within the conservation district’’ which were endemic. Of the total native terebinthifolius (Christmas berry) (HRS, sect. 195D–5.1). and naturalized Hawaiian flora of 1,817 became naturalized on most of the main Although two species, Hibiscadelphus species, 47 percent were introduced Hawaiian Islands and threatens giffardianus and Melicope from other parts of the world and nearly Pleomele hawaiiensis, Pritchardia Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53149 schattaueri and one of only two known yellow Himalayan raspberry (HPCC naturalized in openings in wet forest populations of Neraudia ovata (Nishida 1990b, 1993c). A related species, Rubus and other moist, shaded sites on Oahu, 1993; Wagner et al. 1990; M. rosifolius (thimbleberry), was Maui, and Hawaii (O’Connor 1990). Bruegmann, in litt., 1994). Juncus introduced from Asia in the 1880s to the Meadow ricegrass is the third grass planifolius is a perennial rush which island of Hawaii and is now found in species to threaten Hibiscadelphus has naturalized in moist, open, disturbed mesic and wet forests giffardianus and Melicope disturbed depressions on margins of throughout the Hawaiian Islands. zahlbruckneri. All three of these grass forests and in bogs on Kauai, Oahu, Although it is less aggressive than other species prevent seedling establishment Molokai, Maui, and Hawaii (Coffey alien species of Rubus, thimbleberry can of the two species (L. Pratt, pers. comm., 1990). Juncus planifolius is a threat to become very abundant locally, 1994). Phyllostegia warshaueri (M. Bruegmann, especially in areas disturbed by pigs Pennisetum clandestinum (kikuyu in litt., 1994). (Cuddihy and Stone 1990, Wagner et al. grass), an aggressive perennial grass Psidium cattleianum (strawberry 1990). This species is a threat to introduced to Hawaii as a pasture grass, guava), an invasive shrub or small tree Clermontia drepanomorpha, Pritchardia withstands trampling and grazing and native to tropical America, has become schattaueri, Cyanea platyphylla, and has naturalized on four Hawaiian naturalized on all of the main Hawaiian Phyllostegia warshaueri (Cuddihy et al. Islands in dry to mesic forest. It islands. Like Christmas berry, 1982; HHP 1991g2; HPCC 1991a, 1993a; produces thick mats which choke out strawberry guava is capable of forming M. Bruegmann, in litt., 1994). other plants and prevent their seedlings dense stands that exclude other plant Grevillea robusta (silk-oak) was from establishing and has been declared taxa (Cuddihy and Stone 1990) and is extensively planted in Hawaii for timber a noxious weed by the U.S. Department dispersed mainly by feral pigs and fruit- and is now naturalized on most of the of Agriculture (7 CFR 360) (O’Connor eating birds (Smith 1985). This alien main islands (Smith 1985, Wagner et al. 1990, Smith 1985). Kikuyu grass is a plant grows primarily in mesic and wet 1990). Silk-oak threatens the only threat to Phyllostegia racemosa, habitats and provides food for several known population of Zanthoxylum Phyllostegia velutina, Pritchardia alien animal species, including feral dipetalum var. tomentosum (HPCC schattaueri, and the only known pigs and game birds, which disperse the 1993d). Tibouchina herbacea populations of Hibiscadelphus plant’s seeds through the forest (Smith (glorybush) first became established on hualalaiensis and Zanthoxylum 1985, Wagner et al. 1985). Strawberry the island of Hawaii in the late 1970’s dipetalum var. tomentosum (HHP guava is considered one of the greatest and, by 1982, was collected in Lanilili 1992b, 1993c2, 1993g; HPCC 1992a; M. alien plant threats to Hawaii’s rain on West Maui (Almeda 1990). Although Bruegmann, in litt., 1994; L. Lau, in litt., forests and is known to pose a direct the disruptive potential of this alien 1990; J. Jeffrey, pers. comm., 1994). threat to Pritchardia schattaueri, Sicyos plant is not fully known, glorybush Pennisetum setaceum (fountain grass) alba, Cyanea platyphylla, and appears to be invading mesic and wet is a fire-adapted bunch grass that has Phyllostegia warshaueri (Cuddihy et al. forests of Hawaii, and is considered a spread rapidly over bare lava flows and 1982; HHP 1991g2; HPCC 1991a, threat to Phyllostegia warshaueri (HPCC open areas on the island of Hawaii since 1992e1; M. Bruegmann, in litt., 1994). 1992c). its introduction in the early 1900s. Psidium guajava (common guava) was Several hundred species of grasses Fountain grass is particularly brought to Hawaii and has become have been introduced to the Hawaiian detrimental to Hawaii’s dry forests widely naturalized on all the main Islands, many for animal forage. Of the because it is able to invade areas once islands, forming dense stands in approximately 100 grass species which dominated by native plants, where it disturbed areas. Common guava invades have become naturalized, 8 species interferes with plant regeneration, disturbed sites, forming dense thickets threaten 11 of the 13 taxa in this final carries fires into areas not usually prone in dry as well as mesic and wet forests rule. Anthoxanthum odoratum (sweet to fires, and increases the likelihood of (Smith 1985, Wagner et al. 1990). This vernalgrass) is a perennial, tufted grass fires (Cuddihy and Stone 1990, species also provides food for several which has naturalized in pastures, O’Connor 1990, Smith 1985). Fountain alien animal species, including feral disturbed areas in wet forest, and grass threatens Neraudia ovata, pigs and game birds, which disperse the sometimes in subalpine shrubland on Phyllostegia velutina, Pleomele plant’s seeds through the forest (Smith Molokai, Maui, and Hawaii and is a hawaiiensis, and the only known 1985, Wagner et al. 1985). Common threat to Phyllostegia racemosa population of Zanthoxylum dipetalum guava threatens Pritchardia schattaueri (O’Connor 1990; J. Jeffrey, pers. comm. var. tomentosum (HHP 1991h5, 1993g; and Cyanea platyphylla (Cuddihy et al. 1994). The perennial grass Paspalum HPCC 1990a, 1991c, 1993b; Nishida 1982; HPCC 1991a6, 1991a9; HPCC conjugatum (Hilo grass), naturalized in 1993; M. Bruegmann, in litt., 1994; J. 1992e1; M. Bruegmann, in litt., 1994). moist to wet disturbed areas on most Lau, in litt., 1990; C. Imada, pers. A recent introduction to the Hawaiian Hawaiian Islands, produces a dense comm., 1994). Islands, Rubus ellipticus (yellow ground cover, even on poor soil, and Setaria palmifolia (palmgrass), native Himalayan raspberry) is rapidly threatens the only known populations of to tropical Asia, has become naturalized becoming a major weed pest in wet Hibiscadelphus giffardianus and in mesic valleys, wet forests, and along forests, pastures, and other open areas Melicope zahlbruckneri (Cuddihy and streams on Oahu, Lanai, Maui, and on the island of Hawaii. It forms large Stone 1990; O’Connor 1990; Smith Hawaii. First collected in 1903, major thorny thickets and displaces native 1985; L. Pratt, pers. comm., 1994). A infestations can now be found in the plants. Its ability to invade the related species, Paspalum dilatatum Olaa area and the windward side of the understory of wet forests enables it to (Dallis grass) has become naturalized island of Hawaii (Cuddihy and Stone fill a niche presently unoccupied by any and common in wet to dry grassland, 1990, O’Connor 1990). Palmgrass is a other major wet forest weed in Hawaii fields, and roadsides on most Hawaiian threat to Sicyos alba and Phyllostegia (Cuddihy and Stone 1990). This has Islands, and also threatens warshaueri (HPCC 1993c; M. resulted in an extremely rapid Hibiscadelphus giffardianus and Bruegmann, in litt., 1994). Paspalum population expansion of this alien plant Melicope zahlbruckneri (O’Connor urvillei (Vasey grass) is widespread in in recent years. Phyllostegia velutina 1990; L. Pratt, pers. comm., 1994). disturbed areas on the islands of Maui and Sicyos alba are threatened by Ehrharta stipoides (meadow ricegrass) is and Hawaii. It has invaded some rain 53150 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations forests and montane mesic tomentosum. One of the two known Critical Habitat communities, and is a threat to populations of Cyanea platyphylla and Critical habitat is defined in section 3 Phyllostegia racemosa and Phyllostegia some populations of Phyllostegia of the Act as: (i) the specific areas velutina (Cuddihy and Stone 1990; racemosa are also threatened by within the geographical area occupied HPCC 1992b; O’Connor 1990; J. Jeffrey, volcanic activity. by a species, at the time it is listed in pers. comm., 1994). People are more likely to come into accordance with the Act, on which are Because Hawaiian plants were contact with taxa which have found those physical or biological subjected to fire during their evolution populations near trails or roads or in features (I) essential to the conservation only in areas of volcanic activity and recreational areas. Alien plants may be of the species and (II) that may require from occasional lightning strikes, they introduced into such areas as seeds on special management consideration or are not adapted to recurring fire regimes footwear, or people may cause erosion, protection; and (ii) specific areas and do not quickly recover following a trample plants, or start fires (Cuddihy outside the geographical area occupied fire. Alien plants are often better and Stone 1990). The following taxa in by a species at the time it is listed, upon adapted to fire than native plant species, this final rule have populations in a determination that such areas are and some fire-adapted grasses have recreational areas, close to roads or essential for the conservation of the become widespread in Hawaii. Native trails, or in areas where ranching or species. ‘‘Conservation’’ means the use shrubland and dry forest can thus be logging is occurring, and are potentially of all methods and procedures needed converted to land dominated by alien threatened by human disturbance: to bring the species to the point at grasses. The presence of such species in Clermontia drepanomorpha, Cyanea which listing under the Act is no longer Hawaiian ecosystems greatly increases platyphylla, Hibiscadelphus necessary. the intensity, extent, and frequency of hualalaiensis, Phyllostegia racemosa, Section 4(a)(3) of the Act, as fire, especially during drier months or Phyllostegia velutina, Sicyos alba, and amended, and implementing regulations drought. Fire-adapted alien plant taxa Zanthoxylum dipetalum var. (50 CFR 424.12) require that, to the can reestablish in a burned area, tomentosum (Bruegmann 1990; Corn maximum extent prudent and resulting in a reduction in the amount 1983; HHP 1991f1; HPCC 1991d, 1991h, determinable, the Secretary designate of native vegetation after each fire. Fire 1992b; Pratt and Cuddihy 1990; critical habitat at the time a species is can destroy dormant seeds as well as Stemmermann 1987). listed as endangered or threatened. The plants, even in steep or inaccessible The Service has carefully assessed the Service finds that designation of critical areas. Fires may result from natural best scientific and commercial causes, or they may be accidentally or habitat is not presently prudent for information available regarding the past, purposely started by humans. Three these 13 taxa. Service regulations (50 present, and future threats faced by fires have occurred in the Puu Waawaa/ CFR 424.12(a)(1)) state that designation these taxa in determining to make this Kaupulehu dry forests on the slopes of of critical habitat is not prudent when rule final. Based on this evaluation, this Hualalai over the last ten years, and one or both of the following situations rulemaking will list these 13 plant taxa have destroyed habitat as well as exist—(1) The species is threatened by individuals of many endangered as endangered: Clermontia taking or other human activity, and species, including Pleomele hawaiiensis drepanomorpha, Cyanea platyphylla, identification of critical habitat can be (Cuddihy and Stone 1990; HHP 1991h4; Hibiscadelphus giffardianus, expected to increase the degree of threat HPCC 1992d, 1993b; J. Lau, in litt., Hibiscadelphus hualalaiensis, Melicope to the species, or (2) such designation of 1990). Fire is also a threat to zahlbruckneri, Neraudia ovata, critical habitat would not be beneficial Phyllostegia velutina and the only Phyllostegia racemosa, Phyllostegia to the species. As discussed under known populations of Hibiscadelphus velutina, Phyllostegia warshaueri, Factor B, these taxa are threatened by hualalaiensis and Zanthoxylum Pleomele hawaiiensis, Pritchardia overcollection, due to extremely low dipetalum var. tomentosum (HPCC schattaueri, Sicyos alba, and population sizes. The publication of 1991i, 1992a, 1993c2; M. Bruegmann, in Zanthoxylum dipetalum var. precise maps and descriptions of critical litt., 1994). tomentosum. Eleven of the taxa number habitat in the Federal Register and local Natural changes to habitat and no more than 100 individuals and are newspapers as required in a proposal for substrate can result in the death of known from 5 or fewer populations. The critical habitat would increase the individual plants as well as the 13 taxa are threatened by one or more degree of threat to these plants from take destruction of their habitat. This of the following—habitat degradation or vandalism and, therefore, could especially affects the continued and/or predation by cattle, pigs, goats, contribute to their decline. The listing of existence of taxa or populations with sheep, insects, and rats; competition these taxa as endangered publicizes the limited numbers and/or narrow ranges from alien plants; fire and volcanic rarity of the plants and, thus, can make and is often exacerbated by human activity; human impacts; and lack of these plants attractive to researchers, disturbance and land use practices (See legal protection or difficulty in curiosity seekers, or collectors of rare Factor A.). Two of the five volcanoes enforcing laws which are already in plants. All involved parties and the that make up the island of Hawaii, effect. Small population size and major landowners have been notified of Kilauea and Mauna Loa, are active and limited distribution make these taxa the location and importance of a third, Hualalai, is dormant but may particularly vulnerable to extinction protecting the habitat of these taxa. erupt again. Ten of the taxa in this final and/or reduced reproductive vigor from Additional protection of the habitat of rule are in areas where volcanic activity naturally occurring events. Because these taxa will be addressed through the could result in the destruction of all of these 13 taxa are in danger of extinction recovery process and through the the populations: Hibiscadelphus throughout all or a significant portion of section 7 consultation process. For giffardianus, Hibiscadelphus their ranges, they fit the definition of example, in the case of Neraudia ovata, hualalaiensis, Melicope zahlbruckneri, endangered under the Act. the species is confined to small Neraudia ovata, Phyllostegia velutina, Critical habitat is not being proposed geographic areas, and each population is Pleomele hawaiiensis, Pritchardia for the 13 taxa included in this rule, for composed of so few individuals that the schattaueri, Sicyos alba, and reasons discussed in the ‘‘Critical determinations for jeopardy to the Zanthoxylum dipetalum var. Habitat’’ section of this proposal. species and adverse modification of Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53151 critical habitat would be similar. The Act and its implementing listed plants and inquiries regarding Therefore, designation of critical habitat regulations set forth a series of general prohibitions and permits may be for species already listed provides little prohibitions and exceptions that apply addressed to the U.S. Fish and Wildlife additional protection beyond that to all endangered plant species. With Service, Ecological Services, provided by the jeopardy prohibition of respect to the 13 plant taxa listed here Endangered Species Permits, 911 N.E. section 7. For these reasons, the Service as endangered, all of the prohibitions of 11th Avenue, Portland, Oregon 97232– finds that designation of critical habitat section 9(a)(2) of the Act, implemented 4181 (telephone: 503/231–6241; for these 13 taxa is not prudent at this by 50 CFR 17.61, will apply. These facsimile: 503/231–6243). time. Such a designation would increase prohibitions, in part, make it illegal for the degree of threat from vandalism, any person subject to the jurisdiction of Hawaii State Law the United States to import or export collecting, or other human activities and Hawaii’s Endangered Species Act any endangered plant; transport such is unlikely to aid in the conservation of states—‘‘Any species of aquatic life, species in interstate or foreign these taxa. wildlife, or land plant that has been commerce in the course of a commercial determined to be an endangered species Available Conservation Measures activity; sell or offer for sale such species in interstate or foreign pursuant to the [Federal] Endangered Conservation measures provided to Species Act shall be deemed to be an taxa listed as endangered under the commerce; remove and reduce to possession any such species from areas endangered species under the Endangered Species Act include provisions of this chapter * * *’’ recovery actions, requirements for under Federal jurisdiction; maliciously damage or destroy any such species on (Hawaii Revised Statutes (HRS), sect. Federal protection, and prohibitions 195D–4(a)). Therefore, Federal listing against certain activities. Recognition any area under Federal jurisdiction; or remove, cut, dig up, damage, or destroy automatically invokes listing under through listing results in conservation Hawaii State law, which prohibits actions by Federal, State, and local any such species on any other area in knowing violation of any State law or taking of endangered plants in the State agencies, private organizations, and and encourages conservation by State individuals. The Act provides for regulation including State criminal agencies (HRS, sect. 195D–4 and 5). possible land acquisition and trespass law. Certain exceptions to the None of the 13 taxa in this final rule are cooperation with the State and requires prohibitions apply to agents of the presently listed as an endangered that recovery plans be developed for Service and State conservation agencies. species by the State of Hawaii. listed species. The protection required The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of permits of Federal agencies and the prohibitions National Environmental Policy Act against certain activities involving listed to carry out otherwise prohibited plants are discussed, in part, below. activities involving endangered plant The Fish and Wildlife Service has species under certain circumstances. determined that Environmental Section 7(a) of the Act, as amended, Such permits are available for scientific requires Federal agencies to evaluate Assessments and Environmental Impact purposes and to enhance the Statements, as defined under the their actions with respect to any taxon propagation or survival of the species. that is listed as endangered. Regulations authority of the National Environmental It is the policy of the Service, Policy Act of 1969, need not be implementing this interagency published in the Federal Register on cooperation provision of the Act are prepared in connection with regulations July 1, 1994, (59 FR 34272) to identify adopted pursuant to section 4(a) of the codified at 50 CFR part 402. Section to the maximum extent practicable at Act. A notice outlining the Service’s 7(a)(2) requires Federal agencies to the time a species is listed those reasons for this determination was ensure that activities they authorize, activities that would or would not published in the Federal Register on fund, or carry out are not likely to constitute a violation of section 9 of the October 25, 1983 (48 FR 49244). jeopardize the continued existence of Act. Such information is intended to such a species. If a Federal action may clarify the potential impacts of a References Cited affect a listed species, the responsible species’ listing on proposed and Federal agency must enter into formal ongoing activities within the species’ A complete list of all references cited consultation with the Service. One or range. Five of the species occur on herein is available upon request from more populations of five of the taxa in Federal lands under the jurisdiction of the Pacific Islands Ecoregion Office (see this final rule are located on federally the U.S. National Park Service, U.S. Fish ADDRESSES section). owned and/or managed land. Four taxa and Wildlife Service, and the U.S. Author are located in HVNP and one of these Army. Collection, damage, or taxa is also found in Hakalau Forest destruction of these species on Federal The author of this final rule is Marie National Wildlife Refuge. HVNP is lands is prohibited without a Federal M. Bruegmann, Pacific Islands actively managing Kipuka Puaulu to endangered species permit. Such Ecoregion Office (see ADDRESSES maintain Melicope zahlbruckneri and activities on non-Federal lands would section). the cultivated plants of Hibiscadelphus constitute a violation of section 9 if giffardianus (Mountainspring 1985). conducted in knowing violation of List of Subjects in 50 CFR Part 17 Staff at Hakalau National Wildlife Hawaii State law or regulations or in Refuge are monitoring Phyllostegia violation of a State criminal trespass law Endangered and threatened species, racemosa populations and controlling (see Hawaii State Law section below). Exports, Imports, Reporting and threats (J. Jeffrey, pers. comm., 1994). The Service is not aware of any trade in recordkeeping requirements, One of the two known populations of these species. Transportation. Neraudia ovata is found on Army land. Questions regarding whether specific Regulation Promulgation The Army is currently constructing activities will constitute a violation of small fences around these plants to section 9 of the Act should be directed Accordingly, the Service hereby protect them from browsing by goats to the Pacific Islands Ecoregion Manager amends part 17, subchapter B of chapter and sheep (LTC, FA Lloyd Mues, U.S. (see ADDRESSES section). Requests for I, title 50 of the Code of Federal Army Garrison, Hawaii, in litt., 1996). copies of the regulations concerning Regulations, as set forth below: 53152 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

PART 17Ð[AMENDED] Authority: 16 U.S.C. 1361–1407; 16 U.S.C. the List of Endangered and Threatened 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Plants to read as follows: 1. The authority citation for part 17 625, 100 Stat. 3500; unless otherwise noted. § 17.12 Endangered and threatened plants. continues to read as follows: 2. Section 17.12(h) is amended by adding the following, in alphabetical * * * * * order under FLOWERING PLANTS, to (h) * * *

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

FLOWERING PLANTS

******* Clermontia 'Oha wai ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 595 NA NA drepanomorpha. flower.

******* Cyanea platyphylla ...... Haha ...... U.S.A. (HI) ...... CampanulaceaeÐBell- E 595 NA NA flower.

******* Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... MalvaceaeÐMallow .... E 595 NA NA giffardianus.

******* Hibiscadelphus Hau kuahiwi ...... U.S.A. (HI) ...... MalvaceaeÐMallow .... E 595 NA NA hualalaiensis.

******* Melicope zahlbruckneri Alani ...... U.S.A. (HI) ...... RutaceaeÐCitrus ...... E 595 NA NA

******* Neraudia ovata ...... None ...... U.S.A. (HI) ...... UrticaceaeÐNettle ...... E 595 NA NA

******* Phyllostegia racemosa Kiponapona ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 595 NA NA

******* Phyllostegia velutina ..... None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 595 NA NA

******* Phyllostegia warshaueri None ...... U.S.A. (HI) ...... LamiaceaeÐMint ...... E 595 NA NA

******* Pleomele hawaiiensis ... Hala pepe ...... U.S.A. (HI) ...... AgavaceaeÐAgave ..... E 595 NA NA

******* Pritchardia schattaueri Loulu ...... U.S.A. (HI) ...... ArecaceaeÐPalm ...... E 595 NA NA

******* Sicyos alba ...... 'Anunu ...... U.S.A. (HI) ...... CurcurbitaceaeÐGourd E 595 NA NA

******* Zanthoxylum dipetalum A'e ...... U.S.A. (HI) ...... RutaceaeÐCitrus ...... E 595 NA NA var. tomentosum.

******* Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations 53153

Dated: September 23, 1996. § 679.20(d)(2), that the TAC for Plan for the Groundfish Fishery of the John G. Rogers, Greenland turbot in the BS has been Bering Sea and Aleutian Islands Area Acting Director, Fish and Wildlife Service. reached. Therefore, NMFS is requiring (FMP) prepared by the North Pacific [FR Doc. 96–25559 Filed 10–9–96; 8:45 am] that further catches of Greenland turbot Fishery Management Council under BILLING CODE 4310±55±P in the BS be treated as prohibited authority of the Magnuson Fishery species in accordance with § 679.21(b). Conservation and Management Act. Fishing by U.S. vessels is governed by Classification DEPARTMENT OF COMMERCE regulations implementing the FMP at This action is taken under 50 CFR subpart H of 50 CFR part 600 and 50 National Oceanic and Atmospheric 679.20 and is exempt from review under CFR part 679. Administration E.O. 12866. In accordance with § 679.20(c)(3)(iii), Authority: 16 U.S.C. 1801 et seq. the initial TACs for Pacific ocean perch 50 CFR Part 679 Dated: October 4, 1996. and the ‘‘other red rockfish’’ species [Docket No. 960129019±6019±01; I.D. Bruce Morehead, group in the BS were established by the 100296H] Acting Director, Office of Sustainable Final 1996 Harvest Specifications of Fisheries, National Marine Fisheries Service. Groundfish (61 FR 4311, February 5, Fisheries of the Exclusive Economic 1996) as 1,530 metric tons (mt) and Zone Off Alaska; Greenland Turbot in [FR Doc. 96–25966 Filed 10–04–96; 4:17 pm] BILLING CODE 3510±22±F 1,071 mt, respectively. The Final 1996 the Bering Sea Subarea Harvest Specifications of Groundfish AGENCY: National Marine Fisheries also closed the directed fishery for Service (NMFS), National Oceanic and 50 CFR Part 679 Pacific ocean perch and the ‘‘other red Atmospheric Administration (NOAA), rockfish’’ species group in the BS in [Docket No. 960129019±6019±01; I.D. accordance with § 679.20(d)(1)(iii). Commerce. 100296G] ACTION: Closure. The Director, Alaska Region, NMFS Fisheries of the Exclusive Economic (Regional Director), has determined that SUMMARY: NMFS is prohibiting retention Zone Off Alaska; Recordkeeping and the 1996 directed fishing allowances of of Greenland turbot in the Bering Sea Reporting Requirements; Pacific Pacific ocean perch and the ‘‘other red subarea (BS) of the Bering Sea and Ocean Perch and ``Other Red rockfish’’ species group in the BS have Aleutian Islands management area Rockfish'' in the Bering Sea Subarea not been reached. NMFS has (BSAI). NMFS is requiring that catches determined that as of September 21, of Greenland turbot in this area be AGENCY: National Marine Fisheries 1996, 1,228 mt of Pacific ocean perch in treated in the same manner as Service (NMFS), National Oceanic and the BS and 902 mt of the ‘‘other red prohibited species and discarded at sea Atmospheric Administration (NOAA), rockfish’’ species group in the BS with a minimum of injury. This action Commerce. remain in the respective directed fishing is necessary because the Greenland ACTION: Modification of a closure; notice allowances. Therefore, NMFS is turbot total allowable catch (TAC) in the of change in recordkeeping and terminating the previous closure and is BS has been reached. reporting requirements. reopening directed fishing for Pacific EFFECTIVE DATE: 1200 hrs, Alaska local SUMMARY: NMFS is opening directed ocean perch and the ‘‘other red time (A.l.t.), October 6, 1996, until 2400 rockfish’’ species group in the BS. All hrs, A.l.t., December 31, 1996. fishing for Pacific ocean perch and the ‘‘other red rockfish’’ species group in other closures remain in full force and FOR FURTHER INFORMATION CONTACT: effect. Mary Furuness, 907–586-7228. the Bering Sea subarea (BS) of the Bering Sea and Aleutian Islands In accordance with § 679.20(a)(2), the SUPPLEMENTARY INFORMATION: The management area (BSAI). NMFS has remainder of the TACs for Pacific ocean groundfish fishery in the BSAI exclusive determined that Daily Production perch and the ‘‘other red rockfish’’ economic zone is managed by NMFS Reports (DPRs) must be submitted by species group in the BS will become according to the Fishery Management processor vessels using trawl gear that available for directed fishing at 1200 Plan for the Groundfish Fishery of the catch or receive Pacific ocean perch or hrs, A.l.t., October 6, 1996. These Bering Sea and Aleutian Islands area ‘‘other red rockfish’’ and shoreside remaining TACs are expected to be (FMP) prepared by the North Pacific processing facilities that receive Pacific rapidly harvested. Fishery Management Council under ocean perch or ‘‘other red rockfish’’ authority of the Magnuson Fishery Pursuant to § 679.5(j), the Regional from vessels using trawl gear in the BS. Conservation and Management Act. Director is requiring processor vessels These actions are necessary to fully Fishing by U.S. vessels is governed by using trawl gear that catch or receive utilize the total allowable catches regulations implementing the FMP at Pacific ocean perch and ‘‘other red (TACs) of Pacific ocean perch and the subpart H of 50 CFR part 600 and 50 rockfish’’ in the BS and shoreside ‘‘other red rockfish’’ species group in CFR part 679. processing facilities that receive Pacific In accordance with § 679.20(c)(3)(iii), that area and to prevent exceeding the ocean perch and ‘‘other red rockfish’’ the initial TAC for Greenland turbot in TACs for those species and species from vessels using trawl gear as defined the BS was established by the Final groups. at § 679.2 in the BS to submit DPRs in 1996 Harvest Specifications of EFFECTIVE DATE: From 1200 hrs, Alaska addition to Weekly Production Reports. Groundfish (61 FR 4311, February 5, local time (A.l.t.), October 6, 1996, until These requirements are necessary to 1996), as 3,967 metric tons. The Final 2400 hrs, A.l.t., December 31, 1996. manage Pacific ocean perch and the 1996 Harvest Specifications of FOR FURTHER INFORMATION CONTACT: ‘‘other red rockfish’’ species group in Groundfish also closed the directed Andrew N. Smoker, 907-586-7228. the BS. The Regional Director is doing fishery with trawl gear for Greenland SUPPLEMENTARY INFORMATION: The so in consideration of the potential for turbot in the BSAI. groundfish fishery in the BSAI exclusive exceeding the TACs of Pacific ocean The Director, Alaska Region, NMFS, economic zone is managed by NMFS perch and the ‘‘other red rockfish’’ has determined, in accordance with according to the Fishery Management species group in the BS. 53154 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Rules and Regulations

DPRs must include all information Dated: October 4, 1996. subpart H of 50 CFR part 600 and 50 required by § 679.5(j)(4) for groundfish Bruce Morehead, CFR part 679. harvested from the applicable reporting Acting Director, Office of Sustainable In accordance with § 679.20(c)(3)(ii), areas. Processors must submit the Fisheries, National Marine Fisheries Service. the northern rockfish TAC for the required information on the ‘‘Alaska [FR Doc. 96–25967 Filed 10–04–96; 4:17 pm] Western Regulatory Area was Groundfish Processor Daily Production BILLING CODE 3510±22±F established by the Final 1996 Harvest Report’’ form that was distributed to Specifications of Groundfish (61 FR participants in the groundfish fishery 4304, February 5, 1996) as 640 metric with their 1996 Federal fisheries permit. 50 CFR Part 679 tons (mt). The directed fishery for northern rockfish in the Western The form also may be obtained from the [Docket No. 960129018±6018±01; I.D. Regional Director by calling Mary 100496B] Regulatory Area opened on July 1, 1996 Furuness at 907–586–7228. Processors (61 FR 34377, July 2, 1996) and was closed under § 679.20(d)(1)(iii) on July must transmit completed DPRs to the Fisheries of the Exclusive Economic 11, 1996 (61 FR 37226, July 17, 1996) Regional Director by facsimile Zone Off Alaska; Northern rockfish in the Western Gulf of Alaska and reopened on October 1, 1996 (61 FR transmission to number (907) 586-7131, 50458, September 26, 1996). no later than 12 hours after the end of AGENCY: National Marine Fisheries The Director, Alaska Region, NMFS the day the groundfish was processed. Service (NMFS), National Oceanic and (Regional Director), established in If and when the Regional Director Atmospheric Administration (NOAA), accordance with § 679.20(d)(1) a determines that these reports are no Commerce. directed fishing allowance for northern longer necessary, he may terminate the ACTION: Closure. rockfish of 600 mt, with consideration that 40 mt will be taken as incidental requirement. This determination will be SUMMARY: NMFS is prohibiting directed published in the Federal Register. fishing for northern rockfish in the catch in directed fishing for other Criteria used to assess the need for the Western Regulatory Area of the Gulf of species in this area. The Regional reports include the stability of effort and Alaska (GOA). This action is necessary Director has determined that this harvest rates in the fishery, and to prevent exceeding the northern directed fishing allowance has been remaining amounts. rockfish total allowable catch (TAC) in reached. Consequently, NMFS is this area. prohibiting directed fishing for northern The Assistant Administrator for rockfish in the Western Regulatory Area. EFFECTIVE DATE: Fisheries, NOAA, finds that reasons 1200 hrs, Alaska local The maximum retainable bycatch justifying promulgation of this action time (A.l.t.), October 6, 1996, until 2400 amounts are specified at § 679.20(e) and also make it impracticable and contrary hrs, A.l.t., December 31, 1996. apply at any time during a trip. to the public interest to provide notice FOR FURTHER INFORMATION CONTACT: and opportunity for prior comment or to Mary Furuness, 907–586–7228. Classification delay for 30 days its effective date. SUPPLEMENTARY INFORMATION: The This action is taken under 50 CFR Intense fishing effort without DPRs groundfish fishery in the GOA exclusive 679.20 and is exempt from review under could result in industry’s exceeding economic zone is managed by NMFS E.O. 12866. these allocations. according to the Fishery Management Authority: 16 U.S.C. 1801 et seq. Plan for Groundfish of the Gulf of Classification Alaska (FMP) prepared by the North Dated: October 4, 1996. Gary C. Matlock, This action is taken under 50 CFR Pacific Fishery Management Council under authority of the Magnuson Director, Office of Sustainable Fisheries, 679.20 and is exempt from review under Fishery Conservation and Management National Marine Fisheries Service. E.O. 12866. Act. Fishing by U.S. vessels is governed [FR Doc. 96–26022 Filed 10–4–96; 4:45 pm] Authority: 16 U.S.C. 1801 et seq. by regulations implementing the FMP at BILLING CODE 3510±22±F 53155

Proposed Rules Federal Register Vol. 61, No. 198

Thursday, October 10, 1996

This section of the FEDERAL REGISTER Service information that applies to the 1558, 601 E. 12th Street, Kansas City, contains notices to the public of the proposed proposed AD may be obtained from The Missouri 64106. issuance of rules and regulations. The New Piper Aircraft Corporation, Inc., Discussion purpose of these notices is to give interested Attn: Customer Service, 2926 Piper Dr., persons an opportunity to participate in the Vero Beach, Florida, 32960. This Events Leading to the Proposed Action rule making prior to the adoption of the final rules. information also may be examined at The FAA has received reports on the Rules Docket at the address above. PA31 series airplanes indicating that FOR FURTHER INFORMATION CONTACT: after 2,000 hours time-in-service (TIS) DEPARTMENT OF TRANSPORTATION Christina Marsh, Aerospace Engineer, cracks have occurred in the flange area FAA, Atlanta Aircraft Certification of Cleveland (Parker Hannifin) nose Federal Aviation Administration Office, Campus Building, 1701 wheel assembly, part number (P/N) 40– 14 CFR Part 39 Columbia Ave., suite 2–160, College 76B (Piper P/N 451 785). AD 81–11–04 Park, Georgia 30337–2748; telephone was issued to mandate inspection of the [Docket No. 96±CE±29±AD] (404) 305–7362, facsimile (404) 305– nose wheel assembly on Piper PA31 RIN 2120±AA64 7348. series airplanes. This required inspection may be terminated by SUPPLEMENTARY INFORMATION: Airworthiness Directives; The New installing a nose wheel assembly of Piper Aircraft Corporation Models Comments Invited improved design (Cleveland P/N 40– PA31, PA31±325, PA31±350, and Interested persons are invited to 140). The improved nose wheel PA31P Airplanes participate in the making of the assembly contains a thicker flange and is rated to a higher static load and limit AGENCY: Federal Aviation proposed rule by submitting such written data, views, or arguments as load rating which will alleviate the Administration, DOT. unsafe condition. ACTION: Notice of proposed rulemaking. they may desire. Communications should identify the Rules Docket Since the issuance of AD 81–11–04, the nose wheel on a Piper Model PA31P SUMMARY: This document proposes to number and be submitted in triplicate to supersede airworthiness directive (AD) the address specified above. All airplane failed during a taxiing 81–11–04 that applies to The New Piper communications received on or before operation. This airplane was not subject Aircraft (Piper) Models PA31, PA31– the closing date for comments, specified to AD 81–11–04 because the AD did not 325, and PA31–350 airplanes that have above, will be considered before taking specify Piper Model PA31P airplanes. Cleveland nose wheel assembly part action on the proposed rule. The After the promulgation of AD 81–11–04, number (P/N) 40–76B installed. AD 81– proposals contained in this notice may Piper issued a superseding service 11–04 currently requires inspecting the be changed in light of the comments bulletin including the Piper Model nose wheel flange for cracks. The received. PA31P in the applicability. Therefore, the FAA is proposing to supersede AD repetitive inspection may be terminated Comments are specifically invited on 81–11–04 with a new AD that includes when the nose wheel assembly is the overall regulatory, economic, Piper Model PA31P airplanes in the replaced with Cleveland P/N 40–140, environmental, and energy aspects of applicability and would require the which is an improved design. This the proposed rule. All comments same actions as AD 81–11–04. action was prompted by the lack of submitted will be available, both before designation of Piper Model PA31P in and after the closing date for comments, Relevant Service Information the Applicability section of AD 81–11– in the Rules Docket for examination by Piper issued service bulletin (SB) 04, and the subsequent failure of a nose interested persons. A report that 700A, dated October 12, 1981, which wheel assembly on a Piper Model summarizes each FAA-public contact specifies inspecting the nose wheel PA31P airplane during taxiing concerned with the substance of this assembly with an option for terminating operations. The actions specified by this proposal will be filed in the Rules the inspection requirements by AD are intended to prevent the failure Docket. installing an improved nose wheel of the nose wheel, which if not Commenters wishing the FAA to assembly. corrected, could result in loss of control acknowledge receipt of their comments of the airplane during taxiing, take-off, submitted in response to this notice FAA’s Determination or landing operations. must submit a self-addressed, stamped After examining the circumstances DATES: Comments must be submitted on postcard on which the following and reviewing all available information or before December 16, 1996. statement is made: ‘‘Comments to related to the incidents described above, ADDRESSES: Submit comments in Docket No. 96–CE–29–AD.’’ The the FAA has determined that AD action triplicate to the Federal Aviation postcard will be date stamped and should be taken to prevent the failure of Administration (FAA), Central Region, returned to the commenter. the nose wheel, which if not corrected, Office of the Assistant Chief Counsel, Availability of NPRMs could result in loss of control of the Attention: Rules Docket No. 96–CE–29– airplane during taxiing, take-off and AD, Room 1558, 601 E. 12th Street, Any person may obtain a copy of this landing operations. Kansas City, Missouri 64106. Comments NPRM by submitting a request to the Since an unsafe condition has been may be inspected at this location FAA, Central Region, Office of the identified that is likely to exist or between 8 a.m. and 4 p.m., Monday Assistant Chief Counsel, Attention: develop in other Piper Models PA31, through Friday, holidays excepted. Rules Docket No. 96–CE–29–AD, Room PA31–325, PA31–350 and PA31P 53156 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules airplanes of the same type design, the economic impact, positive or negative, of this AD; or upon the accumulation of proposed AD would supersede AD 81– on a substantial number of small entities 2,000 hours TIS on the nose wheel assembly, 11–04 with a new AD that would retain under the criteria of the Regulatory whichever occurs later, unless already the same requirements as AD 81–11–04, Flexibility Act. A copy of the draft accomplished. To prevent the failure of the nose wheel, which are inspecting the nose wheel regulatory evaluation prepared for this which if not corrected, could result in loss assembly for cracks, and if cracked, action has been placed in the Rules of control of the airplane during taxiing, take- replacing the nose wheel assembly with Docket. A copy of it may be obtained by off, or landing operations, accomplish the the same kind of nose wheel assembly contacting the Rules Docket at the following: and maintaining the repetitive location provided under the caption (a) Inspect the nose wheel assembly, inspection requirements, or replacing ADDRESSES. Cleveland part number (P/N) 40–76B (Piper the nose wheel assembly with one of P/N 451 784), for cracks in accordance with improved design. If no cracks are found, List of Subjects in 14 CFR Part 39 the ‘‘Instructions’’ section of Piper Service continue to repetitively inspect at Air transportation, Aircraft, Aviation Bulletin (SB) 700A, dated October 12, 1981. safety, Safety. (1) If cracked, prior to further flight, regular intervals or at each tire change. replace Cleveland P/N 40–76B (Piper P/N Replacing the old assembly with an The Proposed Amendment 451 784) with a new Cleveland P/N 40–76B assembly of improved design would (Piper P/N 451 784) nose wheel assembly. terminate the repetitive inspections. The Accordingly, pursuant to the Upon the accumulation of 2,000 hours TIS, proposed AD only changes the authority delegated to me by the reinspect at 100 hour intervals or at each tire applicability of AD 81–11–04 to include Administrator, the Federal Aviation change, whichever occurs first; or, Piper Model PA31P airplanes. The Administration proposes to amend part (2) As an alternative to paragraph (a)(1), if actions are to be done in accordance 39 of the Federal Aviation Regulations cracked, replace Cleveland P/N 40–76B with the instructions in Piper SB 700A, (14 CFR part 39) as follows: (Piper P/N 451 784) with a serviceable Cleveland P/N 40–140 (Piper P/N 551 791) dated October 12, 1981. PART 39ÐAIRWORTHINESS nose wheel assembly of improved design in Cost Impact DIRECTIVES accordance with the ‘‘Instructions’’ section of Piper Service Bulletin (SB) 700A, dated The FAA estimates that 1,842 1. The authority citation for part 39 October 12, 1981. airplanes in the U.S. registry would be continues to read as follows: (3) If no cracks are found and Cleveland P/ affected by the proposed AD, that it N 40–140 (Piper P/N 551–791 is not would take approximately 3 workhours Authority: 49 USC 106(g), 40113, 44701. installed, repetitively inspect at intervals not to exceed 100 hours TIS or at each tire per airplane to accomplish the proposed § 39.13Ð[Amended] change, whichever occurs first. action, and that the average labor rate is 2. Section 39.13 is amended by approximately $60 an hour. The (b) The installation of Cleveland P/N 40– removing airworthiness directive (AD) 140 (Piper P/N 551 791) is considered improved parts cost approximately $450 81–11–04, Amendment 39–4114, and by terminating action for the inspection per airplane. Based on these figures, the adding a new AD to read as follows: requirements of paragraph (a) and (a)(3) of total cost impact of the proposed AD on this AD. U.S. operators is estimated to be The New Piper Aircraft, Inc.: Docket No. 96– (c) Special flight permits may be issued in $1,160,460 or $630 per airplane. These CE–29–AD, Supersedes AD 81–11–04, accordance with sections 21.197 and 21.199 Amendment 39–4114. only account for the replacement of the of the Federal Aviation Regulations (14 CFR new part and do not take into account Applicability: The following Model and 21.197 and 21.199) to operate the airplane to serial number airplanes that are equipped the cost for the repetitive inspections a location where the requirements of this AD with Cleveland part number (P/N) 40–76B can be accomplished. that would be incurred prior to (Piper P/N 451 784) nose wheel assembly, (d) An alternative method of or adjustment installing the improved parts. certificated in any category. of the initial and repetitive compliance time Piper has informed the FAA that parts that provides an equivalent level of safety have been distributed to equip 8 Models Serial numbers may be approved by the Manager, Atlanta airplanes in the United States which Aircraft Certification Office, Campus reduce the total figure from $1,160,460 PA31 and 31±2 through 31±8112038. Building, 1701 Columbia Ave., suite 2–160, to $1,155,420. PA31±325. College Park, Georgia 30337–2748. The PA31±350 ... 31±5001 through 31±8152088. request shall be forwarded through an Regulatory Impact PA31P ...... 31P±3 through 31P±7730012. appropriate FAA Maintenance Inspector, The regulations proposed herein who may add comments and then send it to would not have substantial direct effects Note 1: This AD applies to each airplane the Manager, FAA, Atlanta Aircraft Certification Office. on the States, on the relationship identified in the preceding applicability provision, regardless of whether it has been (e) Alternative methods of compliance between the national government and modified, altered, or repaired in the area approved in accordance with AD 81–11–04 the States, on the distribution of power subject to the requirements of this AD. For (superseded by this action) are considered and responsibilities among the various airplanes that have been modified, altered, or approved as alternative methods of levels of government. Therefore, in repaired so that the performance of the compliance with this AD. accordance with Executive Order 12612, requirements of this AD is affected, the Note 2: Information concerning the it is determined that this proposal owner/operator must request approval for an existence of approved alternative methods of would not have sufficient federalism alternative method of compliance in compliance with this AD, if any, may be implications to warrant the preparation accordance with paragraph (d) of this AD. obtained from the Atlanta Aircraft of a Federalism Assessment. The request should include an assessment of Certification Office. For the reasons discussed above, I the effect of the modification, alteration, or (f) All persons affected by this directive repair on the unsafe condition addressed by may obtain copies of the document referred certify that this action (1) is not a this AD; and, if the unsafe condition has not ‘‘significant regulatory action’’ under to herein upon request to The New Piper been eliminated, the request should include Aircraft, Inc., Attn: Customer Service, 2926 Executive Order 12866; (2) is not a specific proposed actions to address it. Piper Dr., Vero Beach, Florida 32960, or may ‘‘significant rule’’ under DOT Compliance: Required within the next 100 examine this document at the FAA, Central Regulatory Policies and Procedures (44 hours time-in-service (TIS) after May 22, Region, Office of the Assistant Chief Counsel, FR 11034, February 26, 1979); and (3) if 1981 (effective date of AD 81–11–04); within Room 1558, 601 E. 12th Street, Kansas City, promulgated, will not have a significant the next 100 hours TIS after the effective date Missouri 64106. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53157

(g) This amendment supersedes AD 81–11– or arguments as they may desire. above the surface of the earth are 04, Amendment 39–4114. Comments that provide the factual basis published in Paragraph 6005 of FAA Issued in Kansas City, Missouri, on supporting the views and suggestions Order 7400.9D dated September 4, 1996, October 4, 1996. presented are particularly helpful in and effective September 16, 1996, which Michael Gallagher, developing reasoned regulatory is incorporated by reference in 14 CFR Manager, Small Airplane Directorate, Aircraft decisions on the proposal. Comments 71.1. The Class E airspace designation Certification Service. are specifically invited on the overall listed in this document would be [FR Doc. 96–26043 Filed 10–9–96; 8:45 am] regulatory, aeronautical, economic, published subsequently in this Order. BILLING CODE 4910±13±U environmental, and energy-related The FAA has determined that this aspects of the proposal. proposed regulation only involves an Communications should identify the established body of technical 14 CFR Part 71 airspace docket number and be regulations for which frequent and submitted in triplicate to the address [Airspace Docket No. 96±AWP±22] routine amendments are necessary to listed above. Commenters wishing the keep them operationally current. Proposed Amendment of Class E FAA to acknowledge receipt of their Therefore, this proposed regulation—(1) Airspace; Casa Grande, AZ comments on this notice must submit is not a ‘‘significant regulatory action’’ with the comments a self-addressed, under Executive Order 12866; (2) is not AGENCY: Federal Aviation stamped postcard on which the a ‘‘significant rule’’ under DOT Administration (FAA), DOT. following statement is made: Regulatory Policies and Procedures (44 ACTION: Notice of proposed rulemaking. ‘‘Comments to Airspace Docket No. 96– FR 10034; February 26, 1979); and (3) AWP–22.’’ The postcard will be date/ does not warrant preparation of a SUMMARY: This notice proposes to time stamped and returned to the Regulatory Evaluation as the anticipated amend the Class E airspace area at Casa commenter. All communications impact is so minimal. Since this is a Grande, AZ. The development of a received on or before the specified routine matter that will only affect air Global Positioning System (GPS) closing date for comments will be traffic procedures and air navigation, it Standard Instrument Approach considered before taking action on the is certified that this proposed rule Procedure (SIAP) to Runaways (RWYs) proposed rule. The proposed contained would not have a significant economic 05/23 has made this proposal necessary. in this notice may be changed in light impact on a substantial number of small The intended effect of this proposal is of comments received. All comments entities under the criteria of the to provide adequate controlled airspace submitted will be available for Regulatory Flexibility Act. for Instrument Flight Rules (IFR) examination in the Operations Branch, operations at Casa Grande Municipal Air Traffic Division, at 15000 Aviation List of Subjects in 14 CFR Part 71 Airport, Casa Grande, AZ. Boulevard, Lawndale, California 90261, Airspace, Incorporation by reference, DATES: Comments must be received on both before and after the closing date for Navigation (air). or before October 31, 1996. comments. A report summarizing each The Proposed Amendment ADDRESSES: Send comments on the substantive public contact with FAA proposal in triplicate to: Federal personnel concerned with this In consideration of the foregoing, the Aviation Administration, Attn: rulemaking will be filed in the docket. Federal Aviation Administration proposes to amend 14 CFR part 71 as Manager, Operations Branch, AWP–530, Availability of NPRM Docket No. 96–AWP–22, Air Traffic follows: Any person may obtain a copy of this Division, P.O. Box 92007, Worldway PART 71Ð[AMENDED] Postal Center, Los Angeles, California Notice of Proposed Rulemaking (NPRM) 90009. by submitting a request to the Federal 1. The authority citation for 14 CFR The official docket may be examined Aviation Administration, Operations part 71 continues to read as follows: Branch, P.O. Box 92007, Worldway in the Office of the Assistant Chief Authority: 49 U.S.C. 106(g), 40103, 40113, Counsel, Western Pacific Region, Postal Center, Los Angeles, California 90009. Communications must identify 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Federal Aviation Administration, Room 1963 Comp., p. 389; 14 CFR 11.69. 6007, 15000 Aviation Boulevard, the notice number of this NPRM. Lawndale, California 90261. Persons interested in being placed on a § 71.1 [Amended] An informal docket may also be mailing list for future NPRM’s should 2. The incorporation by reference in examined during normal business at the also request a copy of Advisory Circular 14 CFR 71.1 of the Federal Aviation Office of the Manager, Operations No. 11–2A, which describes the Administration Order 7400.9D, Airspace Branch, Air Traffic Division at the above application procedures. Designations and Reporting Points, address. The Proposal dated September 4, 1996, effective FOR FURTHER INFORMATION CONTACT: September 16, 1996 is amended as The FAA is considering an follows: William Buck, Airspace Specialist, amendment to part 71 of the Federal Operations Branch, AWP–530, Air Aviation Regulations (14 CFR part 71) to Paragraph 6005 Class E airspace areas Traffic Division, Western–Pacific amend the Class E airspace area at Casa extending upward from 700 feet or more Region, Federal Aviation Grande, AZ. The development of GPS above the surface of the earth. Administration, 15000 Aviation SIAP at Casa Grande Municipal Airport * * * * * Boulevard, Lawndale, California 90261, has made this proposal necessary. The AWP AZ E5 Casa Grande, AZ [Revised] telephone (310) 725–6556. intended effect of this proposal is to Casa Grande Municipal Airport, AZ SUPPLEMENTARY INFORMATION: provide adequate Class E airspace for (Lat. 32°57′17′′ N, long. 111°46′00′′ W) aircraft executing the GPS RWY 05/23 Comments Invited That airspace extending upward from 700 SIAP at Casa Grande Municipal Airport, feet above the surface beginning at lat. Interested parties are invited to Casa Grande, AZ. Class E airspace 32°57′00′′ N, long. 111°52′30′′ W, thence participate in this proposed rulemaking designations for airspace areas clockwise via the 5.3-mile radius of the Casa by submitting such written data, views, extending upward from 700 feet or more Grande Municipal Airport to lat. 32°52′30′′ 53158 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules

N, long. 111°49′30′′ W; to lat. 32°50′50′′ N, Legal Adviser and courts or agencies; SUMMARY: The United States Arms long. 111°53′02′′ W; to lat. 32°55′20′′ N, long. the Office of the Legal Adviser and a Control and Disarmament Agency ° ′ ′′ 111 56 02 W, thence to the point of party named in or affected by the (ACDA) proposes to update, revise, and beginning. garnishment action to facilitate restate in their entirety its National * * * * * processing such orders for garnishment. Security Information regulations. In Issued in Los Angeles, California, on These records may also be used by addition to containing internal policies September 17, 1996. federal, state and local courts; state and and procedures, these regulations set James H. Snow, local tax collection and child forth in § 605.8 what members of the Acting Manager, Air Traffic Division, enforcement offices; the Internal public must do to request mandatory Western-Pacific Region. Revenue Service; private collection declassification review and to appeal [FR Doc. 96–26097 Filed 10–9–96; 8:45 am] agencies, law firms and other denials of requests for declassification. BILLING CODE 4910±13±M individuals authorized to receive ACDA invites comments from interested garnished wages or benefits by court or groups and individual members of the agency order whenever the information public on the proposed regulations. DEPARTMENT OF STATE is necessary for a garnishment DATES: To be considered, comments proceeding. must be delivered by mail or in person 22 CFR Part 171 Due to the nature of the to the address, or faxed to the telephone [Public Notice 2451] documentation collected in the course number, listed below by 5 p.m. on of processing the ordered garnishments Friday, November 15, 1996. Privacy Act of 1974; Implementation described above, it may be properly compiled for law enforcement purposes ADDRESSES: Comments should be AGENCY: Department of State. and, accordingly, it may be necessary in directed to the Office of the General ACTION: Proposed rule. some instances to withhold certain Counsel, United States Arms Control information from the public to assure and Disarmament Agency, Room 5635, SUMMARY: The Department of State the effective completion of judicial or 320 21st Street, NW., Washington, DC proposes to amend its Privacy Act administrative processes. 20451; FAX (202) 647–0024. Comments regulations exempting portions of a will be available for inspection between newly created record system from List of Subjects in 22 CFR Part 171 8:15 a.m. and 5 p.m. at the same certain provisions of the Privacy Act of Privacy. address. 1974, as amended (5 U.S.C. 552a). The proposed amendment in Title 22, FOR FURTHER INFORMATION CONTACT: Certain portions of the Garnishment of Part 171 covering certain records in Frederick Smith, Jr., United States Arms Wages Records (STATE–61) are STATE–61 is as follows: Control and Disarmament Agency, exempted from 5 U.S.C. secs. 552a Room 5635, 320 21st Street, NW., PART 171Ð[AMENDED] (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), Washington, DC 20451, telephone (202) and (f). 1. The authority citation for part 171 647–3596. DATES: Comments must be submitted on continues to read as follows: or before November 19, 1996. SUPPLEMENTARY INFORMATION: Authority: The Freedom of Information ADDRESSES: Written comments may be Act, 5 U.S.C. 552; the Privacy Act, 5 U.S.C. Regulatory Flexibility Act Certification mailed or delivered to Jacquelyn Lilly, 552a; The Administrative Procedure Act, 5 It is hereby certified that the proposed Acting Chief; Privacy, Plans and U.S.C. 551, et seq.; The Ethics in Government rule will not have a significant Act; 5 U.S.C. App. 201; Executive Order Appeals Division; Office of Freedom of economic impact on a substantial Information, Privacy, and Classification 12958, 60 FR 19825; and Executive Order 12600, 52 FR 23781. number of small entities. Accordingly, a Review; Room 1239; Department of regulatory flexibility analysis is not State; 2201 C Street, NW; Washington, § 171.32 [Amended] required. DC 20520–1239. 2. In § 171.32, paragraph (j)(2) will be FOR FURTHER INFORMATION CONTACT: amended by adding ‘‘Garnishment of Executive Order 12866 Determination Jacquelyn Lilly, 202–647–6620. Wages Records. STATE–61’’, after ACDA has determined that the SUPPLEMENTARY INFORMATION: A notice ‘‘Records of the Inspector General and proposed rule is not a significant of a proposal to create a new system of Automated Individual Cross Reference regulatory action within the meaning of records (Public Notice 2450) is System. STATE–53’’. section 3(f) of that Executive Order. published elsewhere in this Federal Ralph Frank, Paperwork Reduction Act Statement Register. This system principally Acting Assistant Secretary for the Bureau of supports the Office of the Legal Adviser Administration. The proposed rule is not subject to the for Legislation and General [FR Doc. 96–25831 Filed 10–9–96; 8:45 am] provisions of the Paperwork Reduction Management’s role in advising and BILLING CODE 4710±24±M Act because it does not contain any servicing the Department and related information collection requirements foreign affairs agencies in complying within the meaning of that Act. with court- or agency-ordered ARMS CONTROL AND DISARMAMENT Unfunded Mandates Act Determination garnishment of wages under 42 U.S.C. AGENCY 659 and 5 U.S.C. 5520a. The ACDA has determined that the Garnishment of Wages Records contain 22 CFR Part 605 proposed rule will not result in information relating to the garnishment expenditures by state, local, and tribal of employees’ wages including, but not National Security Information governments, or by the private sector, of limited to, communications between: Regulations more than $100 million in any one year. The Office of the Legal Adviser and the AGENCY: Arms Control and Disarmament Accordingly, a budgetary impact Bureau of Finance and Management Agency. statement is not required under section Policy; the Office of the Legal Adviser 202 of the Unfunded Mandates Reform ACTION: Notice of proposed rulemaking. and the employee; the Office of the Act of 1995, 2 U.S.C. 1532. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53159

List of Subjects in 22 CFR Part 605 (b) Classification designations. (1) within the criteria set forth in section Top Secret shall be applied only to 1.6(d) of the Executive Order. Administrative practice and information, the unauthorized (2) An original classification authority procedure, Classified information, disclosure of which reasonably could be may extend the duration of Freedom of information. expected to cause exceptionally grave classification or reclassify specific The Proposed Regulations damage to the national security. information for successive periods not Examples of ‘‘exceptionally grave to exceed 10 years at a time except for ACDA proposes to revise 22 CFR part damage’’ include, but are not limited to, records that are more than 25 years old. 605 to read as follows: armed hostilities against the United (3) Information classified for an PART 605Ð NATIONAL SECURITY States or its allies; the compromise of indefinite duration under predecessor INFORMATION REGULATIONS vital national defense plans or orders, such as ‘‘Originating Agency’s cryptologic and communications Determination Required,’’ shall be Sec. intelligence systems; the revelation of subject to the declassification provisions 605.1 Basis. sensitive intelligence operations; and of Part 3 of the Executive Order, 605.2 Objective. the disclosure of scientific or including the provisions of section 3.4 605.3 Senior agency official. technological developments vital to regarding automatic declassification of 605.4 Original classification. national security. records older than 25 years. 605.5 Classification authority. (2) Secret shall be applied to 605.6 Derivative classification. § 605.5 Classification authority. 605.7 Declassification and downgrading. information, the unauthorized 605.8 Mandatory declassification review. disclosure of which reasonably could be (a) General. Classification shall be 605.9 Systematic declassification review. expected to cause serious damage to the solely on the basis of national security 605.10 Safeguarding. national security. Examples of ‘‘serious considerations. In no case shall Authority: E.O. 12958 (60 FR 19825, April damage’’ include, but are not limited to, information be classified in order to 20, 1995); Information Security Oversight disruption of foreign relations conceal violations of law, inefficiency, Office Directive No. 1, 32 CFR part 2001. significantly affecting the national or administrative error, or to prevent security; significant impairment of a embarrassment to a person, § 605.1 Basis. program or policy directly related to the organization, or agency. The regulations in this part, taken national security; revelation of (b) Designations. The following ACDA together with the Information Security significant military plans or intelligence officials shall have original Oversight Office Directive No. 1 dated operations; and compromise of classification authority in each of the October 13, 1995, provide the basis for significant scientific or technological three designations under which they are the security classification program of developments relating to national shown in this paragraph. This authority the U.S. Arms Control and Disarmament security. vests only in the officials or positions Agency (ACDA) implementing (3) Confidential shall be applied to designated and, except as provided in Executive Order 12958, ‘‘Classified information, the unauthorized paragraph (c) of this section, may not be National Security Information’’ (the disclosure of which reasonably could be redelegated. In the absence of any of the Executive Order). expected to cause damage to the authorized classifiers (for TDY outside national security. Washington, annual leave, temporary § 605.2 Objective. (c) Classification restraints. (1) The position vacancy, etc.), the officer acting The objective of the ACDA classification level of any form of in that person’s position may exercise classification program is to ensure that information is premised on an the classifier’s authority. national security information is evaluation of its contents as a whole, as (1) Top Secret. (i) Director, protected from unauthorized disclosure, well as on its relationship to other (ii) Deputy Director. but only to the extent and for such a information. (2) Secret. (i) Officials having Top period as is necessary. (2) In classifying information, the Secret classification authority, public’s interest in access to government (ii) Such other officials who have a § 605.3 Senior agency official. information must be balanced against frequent need to exercise Secret The Executive Order requires that the need to protect national security authority and are specifically delegated each agency that originates or handles information. this authority in writing by the Director. classified information designate a senior (3) In case of doubt, the lower level of (3) Confidential. (i) Officials having agency official to direct and administer classification is to be used. Top Secret and Secret classification its information security program. The (d) Duration of classification. (1) authority, ACDA senior agency official is the Information shall be classified for as (ii) Other officials who have a Deputy Director. The Deputy Director is long as is required by national security frequent need to exercise Confidential assisted in carrying out the provisions of considerations, subject to the limitations authority and are specifically delegated the Executive Order and the ACDA set forth in section 1.6 of the Executive this authority in writing by the Director. information security program by the Order. When it can be determined, a (c) Delegation of classification Director of Security and by the specific date or event for authority. (1) The Executive Order Classification Adviser. declassification shall be set by the restricts delegation of original original classification authority at the classification authority to officials who § 605.4 Original classification. time the information is originally have a demonstrable and continuing (a) Definition. Original classification classified. If a specific date or event for need to exercise such authority. Such is the initial determination that certain declassification cannot be determined, delegations shall be held to a minimum. information requires protection against information shall be marked for (2) If in the judgment of bureau or unauthorized disclosure in the interest declassification 10 years from the date office heads an officer has a of national security (i.e., national of the original decision, except that the demonstrable need for classification defense or foreign relations of the original classification authority may authority, a written request over the United States), together with a classify for a period greater than 10 bureau or office head’s signature should designation of the level of classification. years specific information that falls be forwarded via the Director of 53160 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules

Security to the Deputy Director for Classification Appeals Panel established instructions from an authorized action. The request should set forth the by section 5.4 of the Executive Order. classifier or in accordance with an officer’s name and title, the justification (f) Contractor classification authority. authorized classification guide. for having the authority, and the level (1) Each ACDA contract calling for (c) Classification guides. (1) of classification authority sought. classified work shall be processed under Classification guides used to direct (3) The Director of Security shall the National Industrial Security derivative classification and issued by maintain a complete current list by Program. ACDA shall specifically identify the classification designation of individuals (2) Each contract processed under the information to be protected, using to whom and positions to which National Industrial Security Program categorization to the extent necessary to original classification authority has been requires the preparation of a contract ensure that the information involved delegated. security classification specification (DD can be identified readily and uniformly. (4) Periodic reviews of delegations of 254) which serves as the contractor’s (2) Each classification guide issued by classification authority will be made by guidance and authority to apply ACDA shall be approved by the Senior the Director of Security to ensure that classification markings. Agency Official. officials so designated have a continuing (3) Each contract processed under the (3) Each classification guide issued by need to exercise such authority. Department of Energy (DOE) Security ACDA shall be kept current and shall be Recommendations by the Director of Requirements (i.e., involving restricted reviewed as required by directives Security for discontinuance of data or formerly restricted data) shall issued under the Executive Order. The delegations will be forwarded to the include a provision for naming a Director of Security shall maintain a list Deputy Director for action. classification coordinator in the of all classification guides. (5) Original classification authority contractor organization. This individual shall not be delegated to persons who shall coordinate the derived § 605.7 Declassification and downgrading. only reproduce, extract, or summarize classification of all documents prepared (a) Declassification processes. classified information, or who only under the contract in accordance with Declassification of classified apply classifications markings derived guidance received from ACDA via the information may occur: from source material or as directed by ACDA Contracting Officer’s Technical (1) After review of material in a classification guide. Representative for the contract, or by response to a Freedom of Information (d) Classification responsibilities. direct consultation on classification Act (FOIA), mandatory declassification Each ACDA officer who signs, problems with the ACDA Classification review, discovery, subpoena, or other authenticates, or otherwise produces a Adviser or the Director of Security. information access or declassification document is responsible for determining (4) Only designated officials of the request; that it is properly classified and marked. U.S. Government may originally classify (2) After review as part of ACDA’s This responsibility includes information. Contractor personnel, as systematic declassification review determining whether the document potential developers of classified program; contains any originally classified information, must follow the guidelines (3) As a result of the elapse of the time material (in which case the outlined in paragraph (d) of this section or the occurrence of the event specified classification must be authorized by an entitled ‘‘Classification at the time of classification; appropriate ACDA classifying official) responsibilities.’’ When there is a (4) By operation of the automatic or contains information already question involving the original declassification provisions of section 3.4 classified (in which case the proper classification of information, the of the Executive Order with respect to derivative markings must be applied). contractor is obligated to safeguard it in material more than 25 years old. Any significant doubt about the level of accordance with the classification (b) Downgrading. When material classification shall be resolved in favor designation deemed appropriate and classified at the Top Secret level is of the lower level. submit recommendations to ACDA for reviewed for declassification and it is (e) Classification challenges. Holders classification determination. determined that classification continues of information who believe that its (5) In general, the classification of the to be warranted, a determination shall classification status is improper are information provided by ACDA for use be made whether downgrading to a expected and encouraged to challenge or reference in the completion of the lower level of classification is the need for classification, the contract will be the source of the appropriate. If downgrading is classification level, the duration of classification of documents prepared determined to be warranted, the classification, the lack of classification under the contract. classification level of the material shall or other aspect believed to be improper. be changed to the appropriate lower Classification challenges shall be § 605.6 Derivative classification. level. directed to and decided by the Deputy (a) Definition. Derivative classification (c) Authority to downgrade and Director. If the information was not is the incorporating, paraphrasing, declassify. (1) Classified information originated within or classified by restating or generating in new form may be downgraded or declassified by ACDA, it will be referred to the information that is already classified the official who originally classified the Classification Adviser for coordination and the marking of the new material information if that official is still serving with the responsible agency or consistent with the classification of the in the same position, by a successor in department if declassification, source material. Duplication or that capacity, by a supervisory official of downgrading, classification or other reproduction of existing classified either, by the Classification Adviser, or change in its status appears to be information is not derivative by any other official specifically warranted. Individuals making classification. designated by the Deputy Director. challenges to the classification status of (b) Responsibility. Derivative Contractor personnel do not have information shall not be subject to application of classification markings is authority to downgrade or declassify. retribution for such action, and they the responsibility of those who prepare (2) The Director of Security shall shall be advised of their right to appeal material using information that is maintain a record of ACDA officials the Deputy Director’s decision on the already classified and of those who specifically designated by the Deputy challenge to the Interagency Security apply markings in accordance with Director as declassification authorities. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53161

(d) Declassification after balancing FOIA schedule rates and the requester § 605.9 Systematic declassification review. public interest. It is presumed that shall be so notified. The Classification Adviser shall be information that continues to meet (5) The Classification Adviser, in responsible for conducting a program classification requirements requires consultation with appropriate ACDA for systematic declassification review of continued protection. In exceptional bureaus and offices, will determine historically valuable records that were cases, however, the need to protect such whether, under the Executive Order, the exempted from the automatic information may be outweighed by the requested information may be declassification provisions of section 3.4 public interest in disclosure of the declassified, in whole or in part, and of the Executive Order. The FOIA officer information, and in these cases the will promptly make any declassified shall prioritize such review on the basis information should be declassified. information available to the requester, of the recommendations of the When such questions arise, they shall be unless the information is exempt from Information Security Policy Advisory referred to the ACDA official with Top disclosure under some other provision Council established under section 5.5 of Secret authority having primary of law. the Executive Order and on the degree jurisdiction over the information in of researcher interest and likelihood of (b) Appeals from denials. (1) If it is question. That official, after declassification upon review. consultation with the Public Affairs determined that declassification of the Adviser and the Classification Adviser, information requested is not warranted, § 605.10 Safeguarding. will determine whether the public in whole or in part, the requester shall Specific controls on the use, interest in disclosure outweighs the be given a brief statement as to the processing, storage, reproduction and damage to national security that reasons for the decision, a notice of the transmittal of classified information reasonably could be expected from right to appeal to the Deputy Director, within ACDA that provide adequate disclosure. If the determination is made and a notice that any such appeal must protection and prevent access by that the information should be be filed with ACDA within 60 days. unauthorized persons are contained in declassified and disclosed, that official Appeals shall be addressed to: Deputy Part 1 of the ACDA Security will make such a recommendation to Director, U.S. Arms Control and Classification Handbook, an internal the Director or the Deputy Director who Disarmament Agency, 320 21st St., NW., guidance manual, and shall be followed shall make the decision on Washington, DC 20451. by ACDA personnel and, when declassification and disclosure. (2) The Deputy Director shall act appropriate, by contractors. (e) Public dissemination of within 30 days of receipt on all appeals Dated: September 24, 1996. declassified information. of denials of requests for Mary Elizabeth Hoinkes, Declassification of information is not declassification. The Deputy Director General Counsel. authorization for its public disclosure. shall determine whether continued Previously classified information that is classification is required in whole or in [FR Doc. 96–25830 Filed 10–9–96; 8:45 am] declassified may be subject to part. If the Deputy Director determines BILLING CODE 6820±32±P withholding from public disclosure that continued classification is required under the FOIA, the Privacy Act, and under the Executive Order, the requester various statutory confidentiality shall be so notified and informed of the DEPARTMENT OF THE TREASURY provisions. reasons therefor. The requester shall also be advised of the right to appeal Internal Revenue Service § 605.8 Mandatory declassification review. any denial to the Interagency Security 26 CFR Parts 1 and 301 (a) Action on requests. (1) All requests Classification Appeals Panel in to ACDA by a member of the public, a accordance with section 5.4 of the [REG±209803±95] government employee, or an agency to Executive Order. RIN 1545±AU08 declassify and release information shall (c) Information classified by another result in a prompt declassification agency. When ACDA receives a request Magnetic Media Filing Requirements review of the information, provided the for information in its custody that was for Information Returns request describes the document or classified by another agency, the material containing the information AGENCY: Internal Revenue Service (IRS), Classification Adviser shall forward the with sufficient specificity to enable Treasury. request together with a copy of the ACDA to locate it with a reasonable ACTION: Notice of proposed rulemaking document containing the information amount of effort. and notice of public hearing. (2) If a request does not reasonably requested to the classifying agency for describe the information sought, the review and direct response to the SUMMARY: In the Rules and Regulations Classification Adviser will notify the requester. Unless the agency that section of this issue of the Federal requester that unless additional classified the information objects on the Register, the IRS is issuing temporary information is provided or the scope of ground that its association with the regulations relating to the requirements the request is narrowed, no further information requires protection, the for filing information returns on action will be taken. Classification Adviser shall also notify magnetic media or in other machine- (3) Mandatory declassification review the requester of the referral. readable form under section 6011(e) of requests should be directed to the (d) Confirmation of existence or the Internal Revenue Code. The text of Classification Adviser, U.S. Arms nonexistence of document. In those temporary regulations also serves Control and Disarmament Agency, 320 responding to a request for mandatory as the text of the proposed regulations. 21st St., NW., Washington, DC 20451. declassification review, the This document also contains a proposed (4) If the request requires the Classification Adviser may refuse to amendment to § 301.6011–2(g)(2). This rendering of services for which confirm or deny the existence or document also provides notice of a reasonable fees should be charged nonexistence of a document if the fact public hearing on these proposed pursuant to the FOIA and ACDA of its existence or nonexistence would regulations. regulations thereunder (22 CFR part itself be classifiable under the Executive DATES: Written comments must be 602), such fees shall be imposed at the Order. received by January 8, 1997. Outlines of 53162 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules topics to be discussed at the public required to be filed. Further, these Persons who wish to present oral hearing scheduled for February 5, 1997, regulations are consistent with the comments at the hearing must submit must be received by January 15, 1997. requirements imposed by statute. written comments by January 8, 1997 ADDRESSES: Send submissions to: Section 6011(e)(2)(A) provides that, in and submit an outline of the topics to CC:DOM:CORP:R (REG–209803–95), prescribing regulations providing be discussed and the time to be devoted room 5228, Internal Revenue Service, standards for determining which returns to each topic (signed original and eight POB 7604, Ben Franklin Station, must be filed on magnetic media or in (8) copies) by January 15, 1997. Washington, DC 20044. In the other machine-readable form, the A period of 10 minutes will be alternative, submissions may be hand Secretary shall not require any person to allotted to each person for making delivered between the hours of 8 a.m. file returns on magnetic media unless comments. the person is required to file at least 250 and 5 p.m. to: CC:DOM:CORP:R (REG– An agenda showing the scheduling of 209803–95), Courier’s Desk, Internal returns during the calendar year. Consistent with the statutory provision, the speakers will be prepared after the Revenue Service, 1111 Constitution deadline for receiving outlines has Ave., NW., Washington, DC. these regulations do not require information returns to be filed on passed. Copies of the agenda will be Alternatively, taxpayers may submit available free of charge at the hearing. comments electronically via the internet magnetic media unless 250 or more by selecting the ‘‘Tax Regs’’ option on returns are required to be filed. Further, Drafting Information the IRS Home Page, or by submitting the economic impact caused by The principal author of the comments directly to the IRS internet requiring filing on magnetic media regulations is Donna Welch, Office of site at http://www.irs.ustreas.gov/prod/ should be minimal. If a taxpayer’s Assistant Chief Counsel (Income Tax taxlregs/comments.html . The public operations are computerized, reporting and Accounting). However, other hearing will be held in Room 3313 of in accordance with the regulations personnel from the IRS and the Treasury the Internal Revenue Building, 1111 should be less costly than filing on Department participated in the Constitution Ave., NW., Washington, paper. If the taxpayer’s operations are development of the regulations. DC. not computerized, the incremental cost of magnetic media reporting should be FOR FURTHER INFORMATION CONTACT: List of Subjects minimal in most cases because of the Concerning the regulations, Donna availability of computer service bureaus. 26 CFR Part 1 Welch, (202) 622–4910; concerning In addition, the existing regulations Income taxes, Reporting and submissions and the hearing, Mike provide that the IRS may waive the Slaughter, (202) 622–7190 (not toll-free magnetic media filing requirements recordkeeping requirements. numbers). upon a showing of hardship. It is 26 CFR Part 301 SUPPLEMENTARY INFORMATION: anticipated that the waiver authority will be exercised so as not to unduly Employment taxes, Estate taxes, Background burden taxpayers lacking both the Excise taxes, Gift taxes, Income taxes, Temporary regulations in the Rules necessary data processing facilities and Penalties, Reporting and recordkeeping and Regulations portion of this issue of access at a reasonable cost to computer requirements. the Federal Register amend the Income service bureaus. Accordingly, a Proposed Amendments to the Tax Regulations (26 CFR part 1) relating Regulatory Flexibility Analysis under Regulations to section 6045 and the Procedure and the Regulatory Flexibility Act (5 U.S.C. Administration Regulations (26 CFR chapter 6) is not required. Accordingly, 26 CFR parts 1 and 301 part 301) relating to section 6011(e). The Pursuant to section 7805(f) of the are proposed to be amended as follows: temporary regulations contain rules Internal Revenue Code, these proposed relating to the filing requirements of regulations will be submitted to the PART 1ÐINCOME TAXES information returns on magnetic media Chief Counsel for Advocacy of the Small or in other machine-readable form Business Administration for comment Paragraph 1. The authority citation under section 6011(e). on their impact on small business. for part 1 continues to read in part as The text of those temporary follows: Comments and Public Hearing regulations also serves as the text of Authority: 26 U.S.C. 7805 * * * these proposed regulations. The Before these proposed regulations are preamble to the temporary regulations adopted as final regulations, Par. 2. In § 1.6045–1, paragraph (l) is explains the temporary regulations. consideration will be given to any revised to read as follows: written comments (a signed original and Special Analyses § 1.6045±1 Returns of information of eight (8) copies) that are submitted brokers and barter exchanges. It has been determined that these timely to the IRS. All comments will be proposed regulations are not a available for public inspection and [The text of paragraph (l) as proposed significant regulatory action as defined copying. is the same as the first sentence of in EO 12866. Therefore, a regulatory A public hearing has been scheduled § 1.6045–1T(l) published elsewhere in assessment is not required. for February 5, 1997, at 10 am. The this issue of the Federal Register]. It is hereby certified that the hearing will be held in room 3313 of the Par. 3. In § 1.6045–2, paragraph (g)(2) regulations in this document will not Internal Revenue Building, 1111 is revised to read as follows: have a significant economic impact on Constitution Ave., NW., Washington, a substantial number of small entities. DC. Because of access restrictions, § 1.6045±2 Furnishing statement required with respect to certain substitute payments. This certification is based on a visitors will not be admitted beyond the determination that these regulations Internal Revenue Building lobby more [The text of paragraph (g)(2) as impose no additional reporting or than 15 minutes before the hearing proposed is the same as the text of the recordkeeping requirement and only starts. first sentence of § 1.6045–2T(g)(2) prescribe the method of filing The rules of 26 CFR 601.601(a)(3) published elsewhere in this issue of the information returns that are already apply to the hearing. Federal Register]. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53163

PART 301ÐPROCEDURE AND Highway System Designation Act of design or test type for states to use in ADMINISTRATION 1995 (NHSDA) and section 110 of the designing I/M programs. All other CAA. elements of the I/M Rule, and the Par. 4. The authority citation for part DATES: Comments must be received in statutory requirements established in 301 continues to read in part as follows: writing and postmarked on or before the CAA continue to be required of Authority: 26 U.S.C. 7805 * * * November 12, 1996. those states submitting I/M SIP revisions under the NHSDA, and the Par. 5. Section 301.6011–2 is ADDRESSES: Comments may be mailed NHSDA specifically requires that these amended by revising paragraphs (a)(1), to: Montel Livingston, SIP Manager, submittals must otherwise comply in all (b) (1) and (2), (c)(1) (i) and (iii), (c)(2), Office of Air Quality (OAQ 107), Environmental Protection Agency, respects with the I/M Rule and the CAA. (f) and (g)(2), and by adding (c)(1)(iv), Submission criteria described under Region 10, 1200 Sixth Avenue, Seattle, and by removing paragraphs (c) (3) and the NHSDA allows for a State to submit Washington, 98101. Copies of the (4) and the last sentence of paragraph proposed regulations for this interim documents relevant to this action are (e). The revisions and additions read as program, provided that the State has all available for public inspection during follows: of the statutory authority necessary to normal business hours at: EPA Region carry out the program. Also, in § 301.6011±2 Required use of magnetic 10, Office of Air Quality, 1200 Sixth media. proposing the interim credits for this Avenue, Seattle, Washington, 98101, program, states are required to make [The text of paragraphs (a)(1), (b)(1) and the Alaska Department of and (2), (c)(1) (i), (iii), and (iv), (c)(2), (f), good faith estimates regarding the Environmental Conservation, 410 performance of their I/M program. Since and (g)(2) as proposed is the same as the Willoughby, Suite 105, Juneau, Alaska, text in § 301.6011–2T(a)(1), (b) (1) and these estimates are expected to be 99801–1795. difficult to quantify, the state need only (2), (c)(1) (i), (iii), and (iv), (c)(2), (f), and FOR FURTHER INFORMATION CONTACT: Ed the first sentence of (g)(2) published provide that the proposed credits Jones, EPA, Office of Air Quality (OA– claimed for the submission have a basis elsewhere in this issue of the Federal 107), 1200 Sixth Avenue, Seattle, Register]. in fact. A good faith estimate of a State’s Washington, 98101, (206) 553–1743. program may be an estimate that is Margaret Milner Richardson, SUPPLEMENTARY INFORMATION: based on any of the following: the Commissioner of Internal Revenue. performance of any previous I/M [FR Doc. 96–25541 Filed 10–9–96; 8:45 am] I. Background program; the results of remote sensing BILLING CODE 4830±01±U A. Impact of the National Highway or other roadside testing techniques; System Designation Act on the Design fleet and vehicle miles traveled (VMT) and Implementation of Inspection & profiles; demographic studies; or other ENVIRONMENTAL PROTECTION Maintenance Programs Under the Clean evidence which has relevance to the AGENCY Air Act effectiveness or emissions reducing capabilities of an I/M program. 40 CFR Part 52 The National Highway System This action is being taken under the Designation Act of 1995 (NHSDA) [AK12±7100; FRL±5634±1] authority of both the NHSDA and establishes two key changes to the I/M section 110 of the CAA. Section 348 of Approval and Promulgation of Air rule requirements previously developed the NHSDA expressly directs EPA to Quality Implementation Plans; Alaska: by EPA. Under the NHSDA, EPA cannot issue this interim approval for a period Motor Vehicle Inspection and require states to adopt or implement of 18 months, at which time the interim Maintenance Program centralized, test-only IM240 enhanced program will be evaluated in concert vehicle inspection and maintenance with the appropriate state agencies and AGENCY: Environmental Protection programs as a means of compliance with EPA. At that time, the Conference Agency (EPA). section 182, 184 or 187 of the CAA. Also Report on section 348 of the NHSDA ACTION: Proposed interim rule. under the NHSDA, EPA cannot states that it is expected that the disapprove a State SIP revision, nor proposed credits claimed by the State in SUMMARY: EPA is proposing an interim apply an automatic discount to a State its submittal, and the emissions approval of a State Implementation Plan SIP revision under section 182, 184 or reductions demonstrated through the (SIP) revision submitted by the State of 187 of the CAA, because the I/M program data may not match exactly. Alaska. This revision requires the program in such plan revision is Therefore, the Conference Report continued implementation of an decentralized, or a test-and-repair suggests that EPA use the program data inspection and maintenance (I/M) program. Accordingly, the so-called to appropriately adjust these credits on program in the Municipality of 50% credit discount that was a program basis as demonstrated by the Anchorage (MOA) and the Fairbanks established by the EPA’s I/M Program program data. North Star Borough (FNSB). Alaska’s Requirements Final Rule, (published current program was reviewed and November 5, 1992, and herein referred B. Interim Approvals Under the NHSDA approved by EPA in a SIP action that to as the I/M Rule) has been effectively The NHSDA directs EPA to grant became effective on June 5, 1995. The replaced with a presumptive interim approval for a period of 18 intended effect of this action is to equivalency criteria, which places the months to approvable I/M submittals propose interim approval for a revised emission reductions credits for under this Act. This Act also directs I/M program credit claim proposed by decentralized networks on par with EPA and the states to review the interim the State, based upon the state’s good credit assumptions for centralized program results at the end of 18 months, faith estimate, which asserts that the networks, based upon a state’s good and to make a determination as to the state’s claimed network design credits faith estimate of reductions as provided effectiveness of the interim program. are appropriate and the revision is by the NHSDA and explained below in Following this demonstration, EPA will otherwise in compliance with the Clean this section. adjust any credit claims made by the Air Act (CAA). This action is being EPA’s I/M Rule established many state in its good faith effort to reflect the taken under section 348 of the National other criteria unrelated to network emissions reductions actually measured 53164 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules by the state during the program A. Analysis of the NHSDA Submittal translatable into at least 85% of the evaluation period. The NHSDA is clear Criteria credit applied to test-only programs. that the interim approval shall last for Transmittal Letter Although the evidence submitted in only 18 months, and that the program support of Alaska’s claim that their I/M evaluation is due to EPA at the end of On March 26, 1996, Alaska submitted program is at least 85% as effective as that period. Evaluation periods must an I/M SIP revision to EPA, requesting a centralized, test-only program is begin such that at least 6 months of action under the NHSDA of 1995 and insufficient by itself to gain full operational program data can be the CAA of 1990. The official submittal approval of the credit claim, EPA collected to demonstrate the was made by the appropriate state believes that the state’s assertion may be effectiveness of the interim program. official, Michele Brown, Commissioner borne out by a well-designed of ADEC, and was addressed to the demonstration study. It is also the The program evaluation to be used by appropriate EPA official in the Region. Agency’s position that this preliminary the State during the 18 month interim Enabling Legislation credit estimate, however speculative at period must be acceptable to EPA. EPA this time, is based on a factual argument anticipates that such a program The State of Alaska has regulations at that has been prepared in good faith. evaluation process will be developed by 18 AAC 52, enabling the EPA, therefore, proposes to conclude the Environmental Council of State implementation of a basic I/M program. that Alaska’s 85% estimate for I/M (ECOS) group that is convening now effectiveness merits interim approval for Proposed Regulations and that was organized for this purpose. the eighteen month evaluation period. In addition to this interim evaluation, On April 5, 1995, the state of Alaska B. Analysis of the EPA I/M Regulation EPA further encourages the State to was granted EPA approval for their and CAA Requirements conduct a longer term, ongoing basic I/M program (60 FR 17232). The evaluation of its I/M program. approval became effective on June 5, As previously stated, the NHSDA left 1995. On March 26, 1996 the state those elements of the 1992 I/M Rule that C. Process for Full Approvals of This proposed amendments to the approved do not pertain to network design and Program under the CAA program. The state anticipates fully test type intact. Based upon EPA’s As per the NHSDA requirements, this adopting amended regulations by review of Alaska’s submittal, and the interim rulemaking will expire within November 1996. lack of any actual modification to the approved program, EPA believes the 18 months of the final interim approval, Program Description state has complied with all aspects of or the date of final approval. A full Alaska currently operates an the NHSDA, the CAA and the 1992 I/M approval of the state’s final I/M SIP approved basic I/M program. Rule. revision (which will include the state’s Amendments to the program submitted Alaska’s currently approved SIP program evaluation and final adopted on March 26, 1996, and acted upon in includes provisions that assure that state regulations) is still necessary under this notice, do not modify the operation applicable federal regulations contained section 110 and under section 182, 184 of the program in any manner. in 40 CFR 51.350 through 51.373 are or 187 of the CAA. After EPA reviews met. As part of this Federal Register Emission Reduction Claim and Basis for the State’s submitted program action, no modifications to these SIP the Claim evaluation, final rulemaking on the provisions are acted upon. State’s SIP revision will occur. Alaska has approved basic I/M III. Explanation of the Interim programs in the Fairbanks North Star II. EPA’s Analysis of Alaska’s Submittal Approval Borough (FNSB) and the Municipality of On March 26, 1996, the Alaska Anchorage (MOA). Currently, to comply At the end of the 18 month interim Department of Environmental with national policy related to the period, pursuant to the NHSDA, the Conservation (ADEC) submitted a efficacy of test-and-repair I/M approval status for this program will revision to its State Implementation operations, the SIP discounts these automatically lapse. It is expected that Plan (SIP) for an I/M program to qualify programs by 50% (in relation to the state will at that time be able to under the NHSDA. The revision consists centralized I/M programs). The SIP make a demonstration of the program’s of enabling legislation that will allow revision submitted by the state effectiveness using an appropriate the state to continue implementing the establishes a level of credit for Alaska’s evaluation criteria. EPA expects that the I/M program, proposed regulations, a basic, de-centralized I/M program at state will have at least 6 months of description of the I/M program 85% of the credit applied to centralized program data that can be used for the (including a modeling analysis and programs. Alaska’s claim is based on: (1) demonstration. If the state fails to an estimation of approximate provide a demonstration of the detailed description of program equivalency with California’s ‘‘Smog program’s effectiveness to EPA within features), and a good faith estimate that Check’’ I/M program; (2) the California 18 months of the final interim includes the state’s basis in fact for I/M Review Committee’s 1993 rulemaking, the interim approval will emission reductions claims of the evaluation of the Smog Check program lapse, and EPA will be forced to program. The state’s credit assumptions (entitled ‘‘Evaluation of the California disapprove the state’s permanent I/M should be based upon the removal of the Smog Check Program and SIP revision. If the state’s program 50% credit discount for all portions of Recommendations for Program evaluation demonstrates that a lesser the program that are based on a test-and- Improvements, Fourth Report to the amount of emission reductions were repair network, and the application of Legislature’’) and the Report’s actually realized than were claimed in the State’s own estimate of the conclusions about the program’s the state’s March 26, 1996 submittal, effectiveness of its decentralized test effectiveness; and, (3) an assertion that EPA will adjust the state’s credits and repair program. the carbon monoxide emission accordingly, and use this information to reduction effectiveness claimed for the act on the state’s permanent I/M California program should be program. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53165

IV. Requirements for Permanent I/M entitled ‘‘Level of Proposed Credit,’’ procedures published in the Federal SIP Approval except for sentence related to biennial Register on January 19, 1989 (54 FR At the end of the 18 month period, testing. 2214–2225), as revised by a July 10, final approval of the state’s full SIP (10) Page III.C.5–6, section entitled 1995 memorandum from Mary Nichols, revision will be granted based upon the ‘‘Level of Proposed Credit.’’ Assistant Administrator for Air and Radiation. The Office of Management following criteria: (11) Page III.C.5–7, Table C.5–1. and Budget (OMB) has exempted this 1. EPA’s review of the state’s program (12) Appendix to Section III.B entitled regulatory action from E.O. 12866 evaluation confirms that the appropriate ‘‘Estimating the Emission Reductions review. amount of program credit was claimed from the Alaska I/M Programs.’’ by the state and achieved with the Pages submitted by the state as Regulatory Flexibility Act interim program, revisions, but not acted upon, and therefore not proposed for interim Under the Regulatory Flexibility Act, 2. Final program regulations are 5 U.S.C. 600 et seq., EPA must prepare submitted to EPA, and approval include: (1) Page III.B.3–1, last partial a regulatory flexibility analysis 3. The state I/M program continues to paragraph. assessing the impact of any proposed or meet all of the requirements of EPA’s I/ (2) Page III.B.3–3, Table B.3–2. final rule on small entities. 5 U.S.C. 603 M Rule. (3) Page III.B.6–5. and 604. Alternatively, EPA may certify V. EPA’s Evaluation of the Interim (4) Page III.B.6–6, Figure B.6–1. that the rule will not have a significant Submittal (5) Page III.B.8–6. impact on a substantial number of small (6) Page III.B.8–7, Figure B.8–1 and entities. Small entities include small EPA’s review of this material businesses, small not-for-profit indicates that a credit claim of 85% of the section entitled ‘‘State Oxygenated Fuels Program.’’ enterprises, and government entities test-only credit was prepared in good with jurisdiction over populations of faith and is based in fact. EPA is (7) Page III.B.8–8, Figure 8–2. (8) Page III.B.8–9. less than 50,000. therefore proposing an interim approval SIP approvals under section 110 and of the Alaska SIP revision for I/M (9) Page III.B.8–10. (10) Page III.C.3–1, after the second subchapter I, part D of the Clean Air Act program credit claims, which was do not create any new requirements but submitted on March 26, 1996. EPA is paragraph (reference to Table III.C.3–2). (11) Page III.C.3–3, Table C.3–2. simply approve requirements that the soliciting public comments on the (12) Page III.C.3–7, Table C.3–3. State is already imposing. Therefore, issues discussed in this notice or on (13) Page III.C.3–7 and 3–8. because the Federal SIP approval does other relevant matters. These comments (14) Page III.C.5–4. not impose any new requirements, the will be considered before taking final (15) Page III.C.5–5, Figure C.5–1. Administrator certifies that it does not action. Interested parties may (16) Page III.C.8–2. have a significant impact on any small participate in the Federal rulemaking (17) Page III.C.8–3 and 8–4. entities affected. Moreover, due to the procedure by submitting written (18) Page III.C.8–3, Figure III.C.8–1. nature of the Federal-State relationship comments to the EPA Regional office (19) appendix to Section III.A entitled under the CAA, preparation of a listed in the ADDRESSES section of this ‘‘Mobile Source CO Emissions Inventory flexibility analysis would constitute document. Update #3.’’ Federal inquiry into the economic VI. Proposed Action This latter group of revisions relates reasonableness of state action. The Clean Air Act forbids EPA to base its This action proposes to modify to: the effectiveness of the I/M program in the context of total carbon monoxide actions concerning SIPs on such sections III.A, III.B, and III.C of the grounds. Union Electric Co. v. U.S. EPA, Alaska SIP, and add an appendix to emission reductions in Anchorage and Fairbanks; state oxyfuel programs; and/ 427 U.S. 246, 255–66 (1976); 42 U.S.C. Section III.B entitled ‘‘Estimating the 7410(a)(2). The Administrator’s decision Emission Reductions from the Alaska I/ or, future biennial I/M testing. Since these topics have not been considered to approve or disapprove the SIP M Programs.’’ The proposal is for revision will be based on whether it interim approval of these modifications appropriate for inclusion within an action leading to interim approval, the meets the requirements of section and additions. Not all the revisions 110(a)(2)(A)–(K) and part D of the Clean submitted on March 26 have been acted respective revisions will be reviewed, together with other separate state Air Act, as amended, and EPA upon and proposed for interim regulations in 40 CFR Part 51. approval, however. Pages proposed for submittals, in a future SIP action by interim approval by this action include: EPA. Unfunded Mandates (1) Page III.A.2–5. Nothing in this action should be Under Section 202 of the Unfunded (2) Page III.A.2–6. Table A.2–1. construed as permitting or allowing or Mandates Reform Act of 1995 (3) Page III.A.2–30, Milestone Table, establishing a precedent for any future (‘‘Unfunded Mandates Act’’), signed with the exception of revisions calling request for revision to any state into law on March 22, 1995, EPA must for biennial testing. implementation plan. Each request for prepare a budgetary impact statement to (4) Page III.B.3–1, second paragraph. revision to the state implementation accompany any proposed or final that (5) Page III.B.5–13, fourth paragraph plan shall be considered separately in includes a Federal mandate that may revisions prior to the new section light of specific technical, economic, result in estimated costs to State, local, entitled ‘‘Level of Proposed Credit,’’ and environmental factors and in or tribal governments in the aggregate; except for sentence related to biennial relation to relevant statutory and or to the private sector, of $100 million testing. regulatory requirements. or more. Under section 205, EPA must (6) Page III.B.5–13, section entitled VII. Administrative Requirements select the most cost-effective and least ‘‘Level of Proposed Credit.’’ burdensome alternative that achieves (7) Page III.B.5–14, Table B.5–1. Executive Order 12866 the objectives of the rule and is (8) Page III.C.3–1, second paragraph. This action has been classified as a consistent with statutory requirements. (9) Page III.C.5–6, first paragraph Table 3 action for signature by the Section 203 requires EPA to establish a revisions prior to the new section Regional Administrator under the plan for informing and advising any 53166 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules small governments that may be M submittal because there are so many the statutory requirements established significantly or uniquely impacted by deficiencies with respect to CAA in the CAA, continue to be required of the rule. statutory and regulatory requirements those States submitting I/M SIP EPA has determined that the approval described in more detail below. revisions under the NHSDA. The action proposed does not include a DATES: Comments must be submitted by NHSDA specifically requires that I/M Federal mandate that may result in November 12, 1996. program submittals must otherwise estimated costs of $100 million or more ADDRESSES: Comments may be mailed to comply in all respects with the I/M Rule to either State, local, or tribal David L. Arnold (mailcode 3AT21), and the CAA. governments in the aggregate, or to the Chief, Ozone and Mobile Sources The NHSDA also requires states to private sector. This Federal action Section, United States Environmental swiftly develop, submit, and begin approves pre-existing requirements Protection Agency—Region III, 841 implementation of these enhanced I/M under State or local law, and imposes Chestnut Building, Philadelphia, programs, since the anticipated start-up no new Federal requirements. Pennsylvania 19107. Copies of the dates developed under the CAA and Accordingly, no additional costs to documents relevant to this action are EPA’s rules have already been delayed. State, local, or tribal governments, or to available for public inspection by In requiring states to submit these plans the private sector, result from this appointment during normal business within 120 days of the NHSDA passage, action. hours at the U.S. EPA, 841 Chestnut allowing these states to submit proposed List of Subjects in 40 CFR Part 52 Building, Philadelphia, Pennsylvania regulations for this plan (which can be 19107. Environmental protection, Air finalized and submitted to EPA during pollution control, Carbon monoxide, FOR FURTHER INFORMATION CONTACT: the interim period) and by providing Intergovernmental relations, Reporting Kelly A. Sheckler (215) 566–2178. expiration of interim approval after 18 months of data collected during and recordkeeping requirements. SUPPLEMENTARY INFORMATION: operation of program, it is clear that Authority: 42 U.S.C. 7401–7671q. I. Background Congress intended for states to begin Dated: September 13, 1996. A. Impact of the National Highway testing vehicles as soon as practicable. Chuck Clarke, System Designation Act on the Design Submission criteria described under Regional Administrator. and Implementation of Enhanced the NHSDA allow for a state to submit [FR Doc. 96–25981 Filed 10–9–96; 8:45 am] Inspection and Maintenance Programs proposed regulations for this interim BILLING CODE 6560±50±P Under the Clean Air Act program, provided that the state has all The National Highway System of the statutory authority necessary to carry out the program. Also, in 40 CFR Part 52 Designation Act of 1995 (NHSDA) establishes two key changes to the proposing the interim credits for this [DC031±2004; DC032±2005; FRL±5617±1] enhanced I/M rule requirements program, states are required to make previously developed by EPA. First, good faith estimates regarding the Approval and Promulgation of Air under the NHSDA, EPA cannot require performance of their enhanced I/M Quality Implementation Plans; District States to adopt or implement program. Since these estimates are of Columbia: Enhanced Motor Vehicle centralized, test-only IM240 enhanced expected to be difficult to quantify, the Inspection and Maintenance Program vehicle inspection and maintenance state need only provide that the proposed credits claimed for the AGENCY: Environmental Protection programs as a means of compliance with Agency (EPA). section 182, 184 or 187 of the CAA. submission have a basis in fact. A good faith estimate of a state’s program may ACTION: Proposed disapproval. Second, under the NHSDA, EPA cannot disapprove a State’s SIP revision, nor be an estimate that is based on any of SUMMARY: EPA is proposing disapproval apply an automatic discount to a State’s the following: the performance of any of a State Implementation Plan (SIP) SIP revision under section 182, 184 or previous I/M program; the results of revision submitted by the District of 187 of the CAA, because the I/M remote sensing or other roadside testing Columbia on July 13, 1995 and program in such plan revision is techniques; fleet and vehicle miles supplemented on March 27, 1996. This decentralized, or a test-and-repair traveled (VMT) profiles; demographic revision amends the District’s motor program. Accordingly, the so-called studies; or other evidence which has vehicle inspection and maintenance (I/ ‘‘50% credit discount’’ that was relevance to the effectiveness or M) program required to be enhanced established by the EPA’s I/M Program emissions reducing capabilities of an I/ under the Clean Air Act. The intended Requirements Final Rule, (published M program. effect of this action is to propose November 5, 1992, and herein referred This action is being taken under the disapproval of the enhanced I/M to as the I/M Rule) has been effectively authority of both the NHSDA and program proposed by the District. This replaced with a presumptive section 110 of the CAA. Section 348 of action is being taken under section 348 equivalency criteria, which places the the NHSDA expressly directs EPA to of the National Highway System emission reductions credits for interim rulemaking for a period of 18 Designation Act of 1995 (NHSDA) and decentralized networks on par with months. The Conference Report for section 110 of the Clean Air Act (CAA). credit assumptions for centralized section 348 of the NHSDA states that it EPA is proposing disapproval of the networks, based upon a State’s good is expected that the proposed credits District’s enhanced I/M SIP revision faith estimate of reductions as provided claimed by the State in its submittal, because it is deficient with respect to by the NHSDA and explained below in and the emissions reductions the requirements of the CAA and EPA’s this section. demonstrated through the program data, enhanced I/M program regulatory EPA’s I/M Rule established many may not match exactly. Therefore, the requirements. other criteria unrelated to network Conference Report suggests that EPA In taking action under section 110 of design or test types for states to satisfy use the program data to appropriately the CAA it is appropriate to propose in designing enhanced I/M programs. adjust these credits on a program basis disapproval of the District’s enhanced I/ All other elements of the I/M Rule, and as demonstrated by the program data. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53167

B. Interim Approvals Under the NHSDA II. EPA’S Analysis of The District of section by section analysis of the The NHSDA directs EPA to grant Columbia’s Submittal District’s submittal. interim approval for a period of 18 On July 13, 1995, the District of Proposed Regulations months to approvable I/M submittals Columbia Department of Consumer and Copies of the District of Columbia under the NHSDA. The NHSDA also Regulatory Affairs (DCRA) submitted Register were provided which indicated directs EPA and the states to review the revisions to its State Implementation some of the submitted regulations had program results at the end of 18 months, Plan (SIP) for an enhanced I/M program. gone to public notice and hearing. and to make a determination as to the On March 27, 1996, the District Public notices for amendments to Title effectiveness of the program. Following submitted, as a supplement to the July 18 DCMR were published on April 15, this demonstration, EPA will adjust any 13, 1995 submittal, a SIP revision 1994 and July 1, 1994. There is no credit claims made by the state in its requesting consideration under the evidence that the July 13, 1995 and good faith effort to reflect the emissions NHSDA. The revision consists of: March 27, 1996 SIP submittals were reductions actually measured by the enabling legislation that will allow the subject to public notice and hearing. State during the program evaluation District to implement a biennial I/M period. The NHSDA is clear that the program (legal authorities to require the Program Description interim approval shall last for only 18 operation of the program through to the The District program is a centralized months, and that the program attainment year and beyond as test only network. According to the evaluation is due to EPA by the end of necessary for maintenance of the submittal’s program description, light that period. Therefore, EPA believes standard and to dedicate funding to duty vehicles and trucks and heavy duty Congress intended for these programs to develop and implement the program vehicles model years 1968 and newer start-up as soon as possible, which EPA were not provided); final regulations for are covered by the program. Vehicle believes should be at the latest, 12 portions of the program, and a brief model year 1979 and older will be months after the effective date of this description of the I/M program. The subject to an idle test. Vehicles model interim rule, November 15, 1997 so that District’s SIP narrative stated that credit year 1980 and newer will be subject to approximately 6 months of operational assumptions were based upon a pilot a short transient test (BAR31). Vehicles program data can be collected to demonstration conducted in the State of will be prescreened using a remote evaluate the interim program. EPA California and data from a remote sensing device. Vehicles failing the believes that in setting such a strict sensing prescreen demonstration in prescreen test will undergo the timetable for program evaluations under Canada, credit for a technician training appropriate test based upon model year. the NHSDA, Congress recognized and program as provided by EPA and the Passing vehicles will be waived from attempted to mitigate any further delay application of the District’s own the emission test. All vehicles are to be with the start-up of this program. For estimate of the effectiveness of its tested for gas cap integrity and a the purposes of this program, ‘‘start-up’’ overall test only program. randomly selected group of vehicles is defined as a fully operational program will be inspected with a non-intrusive A. Analysis of the NHSDA Submittal which has begun regular, mandatory evaporative test system. A state-of-the- Criteria inspections and repairs, using the final art technician training program will be test strategy and covering each of a Transmittal Letter added to the District program. state’s required areas. If a state fails to start its program on this schedule, an On March 27, 1996, the District of Emission Reduction Claim and Basis for interim approval granted under the Columbia submittal an enhanced I/M the Claim provisions of the NHSDA will convert to SIP revision to EPA, requesting action The District’s SIP revision assumes a disapproval after a finding letter is under the NHSDA and the CAA. The that BAR31 test is equivalent to IM240. sent to the state. official submittal was made by the No data or any basis in fact is provided The program evaluation to be used by appropriate District official, Hampton in the District’s submittal to support this the state during the 18 month interim Cross, Director of the Department of claim. The District’s proposed program period must be acceptable to EPA. EPA Consumer and Regulatory Affairs, and provides for a prescreen using remote anticipates that such a program was addressed to the appropriate official sensing. A reduction in emission credit evaluation process will be developed by in the EPA Region III Office. for the prescreen is provided, however, the Environmental Council of States Enabling Legislation the basis for the credit claim is not (ECOS) group that is convening now provided. The District’s SIP submittal and that was organized for this purpose. The District of Columbia has does not provide good faith estimates EPA further anticipates that in addition legislation at ‘‘Motor Vehicle Biennial that the program meets the performance to the interim, short term evaluation, the Inspection Amendment Act of 1993’’, standard. Without a basis in fact, the state will conduct a long term, ongoing D.C. Law 10–106, D.C. Code section proposed program does not provide any evaluation of the I/M program as 40.201 et seq., effective April 26, 1994. assurance that the necessary emission required in 40 CFR 51.353 and 51.366. The SIP narrative provides a statement reductions will be achieved. that Title 18 DCMR has no expiration C. Process for Full Approvals of This date. Enabling legal authority for a B. Analysis of the EPA I/M Regulation Program Under the CAA registration denial enforcement system and CAA Requirements The District must submit a SIP is not clearly provided in the SIP EPA summarizes the requirements of revision correcting the deficiencies submittal although the SIP submittal the I/M Rule as found in 40 CFR identified herein as described below in cites such an enforcement mechanism. 51.350–51.372 and its analysis to the order for EPA to withdraw this The SIP submittal is also deficient in District’s submittal below. A more proposed disapproval action, and to that it lacks enabling authority to detailed analysis of the District’s move forward to propose and finalize implement other requirements of the I/ submittal is contained in a Technical approval of the District’s enhanced I/M M program in accordance with the CAA. Support Document (TSD) available from SIP revision under sections 110, 182, A detailed description of these the Region III office, listed in the 184 or 187 of the CAA. deficiencies is provided below in the ADDRESSES section of this notice. Parties 53168 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules desiring additional details on the I/M program prior to the attainment high enhanced I/M performance rule are referred to 40 CFR 51.350– deadline for each applicable area standard (60 FR 48029). 40 CFR 51.372. satisfies this requirement. The District’s 51.351(g) provides that states may select As previously stated, the NHSDA left I/M enabling authority itself does not the low enhanced performance standard those elements of the I/M Rule that do address the length of time the program if they have an approved SIP for not pertain to network design or test will be in effect. The program must reasonable further progress in 1996, type intact. Based upon EPA’s review of continue until the attainment dates for commonly known as 15% plans. The the District’s submittal, EPA believes all applicable nonattainment areas in District’s 15% plan relies on credit from the District has not complied with all the District. A statement in the SIP a high enhanced I/M program for 48% aspects of the NHSDA, CAA and the I/ narrative indicates that the enabling of the 15% reduction required. For this M Rule. For those sections of the I/M legislation has no expiration date. The reason the District does not qualify for Rule, or of the CAA identified below, SIP submittal does not provide a list of the low enhanced performance with which the District has not fully ZIP codes of all areas covered by the I/ standard. complied, the District must submit a M program. Therefore, the District’s SIP EPA also established an alternate, revision to correct said deficiency. does not meet the applicability Ozone Transport Region (OTR) low The District must correct these major requirements for geographical coverage. enhanced I/M performance standard in deficiencies in order for EPA to provide These are minor deficiencies and must order to provide OTR qualifying areas approval under CAA section 110(k)(4). be ultimately corrected for EPA to give the flexibility to implement a broader EPA has also identified certain minor final full approval. range of I/M programs (61 FR 39039). deficiencies in the SIP, which are This standard is designed for states in itemized below. EPA has determined Enhanced I/M Performance Standard— 40 CFR 51.351 the OTR which are required to that delayed correction of these minor implement enhanced I/M in areas that deficiencies will have a deminimis The enhanced I/M program must be are designated and classified as impact on the District’s ability to meet designed and implemented to meet or attainment, marginal ozone clean air goals. Therefore, the District exceed a minimum performance nonattainment or moderate ozone need not correct these deficiencies in standard, which is expressed as nonattainment with a population of the short term, and EPA will not emission levels in area-wide average under 200,000. The District is classified disapprove the re-submittal with respect grams per mile (gpm) for certain as a serious ozone nonattainment area to these deficiencies for purposes of pollutants. The performance standard and therefore does not qualify for the interim approval under the NHSDA, if shall be established using local OTR low enhanced I/M performance these are the only outstanding characteristics, such as vehicle mix and standard. deficiencies. The District must correct local fuel controls, and the following The District’s submittal includes the the major deficiencies noted herein and model I/M program parameters: network following program description and type, start date, test frequency, model submit a revised SIP revision for interim design parameters: approval. However, even the minor year coverage, vehicle type coverage, deficiencies must be corrected prior to exhaust emission test type, emission Network type—Centralized final full approval by EPA of the standards, emission control device, Start date—1997 District’s enhanced I/M SIP after the 18 evaporative system function checks, Test frequency—biennial month evaluation period. stringency, waiver rate, compliance rate Model year/ vehicle type coverage— and evaluation date. The emission 1968+ LDV, LDT, HDT Applicability—40 CFR 51.350 levels achieved by the state’s program Exhaust emission test type—idle on pre- Sections 182(c)(3) and 184(b)(1)(A) of design shall be calculated using the 1980 vehicles; transient BAR31 on the CAA and 40 CFR 51.350(a) require most current version, at the time of 1980 and newer vehicles; all vehicles all states in the Ozone Transport Region submittal, of the EPA mobile source will be prescreened with remote (OTR) which contain Metropolitan emission factor model. At the time of sensing device to determine if subject Statistical Areas (MSAs) or parts thereof the District’s submittal, the most current to an emission test with a population of 100,000 or more to version was MOBILE 5a. Areas shall Emission standards—8 HC, 20 CO, 2 implement an enhanced I/M program. meet the performance standard for the NOX The District is part of the OTR and is pollutants which cause them to be Emission control device—yes part of a MSA with a population of subject to enhanced I/M requirements. Evaporative system function checks— 100,000 or more. The entire District is In the case of ozone nonattainment pressure 1983 +, purge 1977 + classified as a serious ozone areas, the performance standard must be Stringency (pre-1981 failure rate)—20% nonattainment area and also is required met for both nitrogen oxide (NOX) and Waiver rate—3% to implement an enhanced I/M program hydrocarbons (HC). In the case of carbon Compliance rate—96% as per section 182(c)(3) of the CAA and monoxide areas, the performance Evaluation dates—2000, 2005, 2010 40 CFR 51.350(2). The District I/M standard must be met for carbon The emission levels achieved regulation requires that the enhanced I/ monoxide (CO). The District’s submittal according to the District’s submittal M program be implemented District must meet the enhanced I/M were modeled using MOBILE5a. The wide. The District I/M legislative performance standard for HC, and NOX modeling demonstration is insufficient authority (referred to as DC Law 10–106, statewide. to make a determination that it reflects DC Code 40, Title 18 DCMR throughout EPA established an alternative, low the proposed program. Numerous errors the remainder of this notice) provides enhanced I/M performance standard to on the start date of various program the legal authority to establish a provide flexibility for nonattainment elements were modeled. The District’s statewide biennial vehicle emission areas that are required to implement program assumes the BAR31 test as testing program. The federal I/M enhanced I/M but which can meet the equivalent to IM240. No test regulation requires that the District’s 1990 Clean Air Act emission reduction specification and procedures are program not terminate until it is no requirements for Reasonable Further provided for the BAR31 test. No data to longer necessary. A SIP revision which Progress and attainment from other support the credit claim of equivalency does not allow termination of the sources without the stringency of the for BAR31 is provided. The District’s Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53169 submittal claims it uses data provided protocol to be used by states in order to and used to finance the program. from a California pilot study. This data evaluate program effectiveness. ECOS Alternative funding approaches are is not provided in the submittal. The has recommended that the states follow acceptable if it is demonstrated that the remote sensing device (RSD) prescreen the long term program evaluation found funding can be maintained. Reliance on feature of the District’s program is not in 40 CFR 51.353. 40 CFR 51.353 funding from the District’s general fund accounted for by the current MOBILE requires that a mass emission transient is not acceptable unless doing otherwise model. Hand calculations are provided testing (METT) be performed on 0.1% of would be a violation of its constitution. by the District for the RSD portion of the the subject fleet each year. The District’s The SIP submittal must include a program. However, the reductions from submittal includes a commitment to detailed budget plan which describes using RSD and the credit claims are not provide EPA with a report two years the source of funds for personnel, supported by any data. The District’s after the program begins. However, in program administration, program submittal’s demonstration uses credit addition to the requirements of program enforcement, and purchase of from a mechanics training program to evaluation under 40 CFR 51.353, the equipment. The SIP must also detail the make up the reduction loss from the use NHSDA provides that a state must number of personnel dedicated to the of RSD as a prescreen. The credit submit a data analysis and revised SIP quality assurance program, data assumed for mechanics training is by the end of the 18 month period. The analysis, program administration, inconsistent with EPA policy. District does not commit to or provide enforcement, public education and Furthermore, the modeling any reference to this submittal. The assistance and other necessary demonstration does not provide District claims that data will be functions. headings or labels identifying the collected by conducting random The District’s submittal pending MOBILE5a runs making it extremely procurement of subject vehicles and before EPA does not provide for difficult to perform a definitive review remote sensing for in-use vehicles, 2% enabling legal authority establishing a of the demonstration. The summary random effectiveness of repairs on dedicated fund. No demonstration has sheets in the District’s submittal are failing vehicles, RSD on minimum been made that this would violate the inconsistent with the MOBILE5a runs. 10,000 vehicles per year, and covert District’s authorities. Currently, the Another summary sheet lists all the inspections to evaluate inspectors. District government is undergoing a evaluated cutpoints but does not These methods are not consistent with financial and administrative indicate which cutpoints the District the federal enhanced I/M rule and the reorganization and many uncertainties plans to use. The discrepancies with the ECOS agreement for the long term exist. In relation to consumer program description and regulations evaluation. protection, the SIP must provide render the modeling insufficient to Although the submittal describes a assurance that adequate funding is make a demonstration that the District’s test-only network type, there is no available to develop and implement the proposed program meets the high regulation in the District that specifies program as proposed. Furthermore, enhanced performance standard. The that the program be operated in a funds need to be secured to implement District’s submittal does not meet the centralized, test-only format. and maintain the program through enhanced I/M performance standards Furthermore, the District’s SIP submittal attainment. Lack of secured funding requirements of the federal I/M rule. includes regulations at section 605 of 18 dedicated to the I/M program This major deficiency is in part the basis DCMR that allow for re-inspection at jeopardizes the ability of the program to for EPA’s proposed disapproval of the repair stations. It is EPA’s meet the necessary emission reduction District’s I/M SIP. understanding that more recent goals. The SIP needs to describe how regulations have been adopted for a full the emission targets will be met, Network Type and Program test-only network (initial test and re- describe the resources to be used for all Evaluation—40 CFR 51.353 test). The narrative of the District’s program operations (e.g. RSD prescreen, The enhanced program must include submittal describes a test-only network quality assurance checks, etc.), and an ongoing evaluation to quantify the with no mention of re-tests at repair include a final budget plan including emission reduction benefits of the stations. The District must address this description of equipment resources. The program, and to determine if the discrepancy by submitting the revised budget plan needs to provide a program is meeting the requirements of versions of the regulations or providing demonstration that the District has the CAA and the federal I/M regulation. a basis in fact and effectiveness analysis adequate resources to perform all The SIP must include details on the for the test and repair portion of the program functions and insure future program evaluation and must include a program. No regulations have been funding through operation of program schedule for submittal of biennial provided in the District’s submittal until attainment is achieved. Therefore, evaluation reports, data from a state which prohibit owners and/or the District submittal does not meet the monitored or administered mass employees of official I/M stations from adequate tools and resources emission test of at least 0.1% of the referring vehicle owners to particular requirements set forth in the federal I/ vehicles subject to inspection each year, repair service providers. A regulation M rule. This major deficiency in part is a description of the sampling must be adopted that provides for this. the basis for EPA’s proposed methodology, the data collection and This is a major deficiency and in part, disapproval of the District’s I/M SIP. analysis system and the legal authority is the basis for proposed disapproval of Test Frequency and Convenience—40 enabling the evaluation program. the District’s I/M program. The District has not committed to CFR 51.355 meet the program evaluation Adequate Tools and Resources—40 CFR The enhanced I/M performance requirements of 40 CFR 51.353 and no 51.354 standard assumes an annual test detailed description of the biennial The federal regulation requires the frequency; however, other schedules program evaluation, including the District to demonstrate that adequate may be approved if the performance schedule and methodology is provided funding of the program is available. A standard is achieved. The SIP shall in the submittal. The Environmental portion of the test fee or separately describe the test year selection scheme, Council of States (ECOS) has formed a assessed per vehicle fee shall be how the test frequency is integrated into committee to develop an evaluation collected, placed in a dedicated fund the enforcement process and shall 53170 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules include the legal authority, regulations implement and enforce the vehicle followed for each model year and or contract provisions to implement and coverage requirement, a detailed vehicle type included in the program. enforce the test frequency. The program description of the number and types of Test procedures and standards are shall be designed to provide convenient vehicles to be covered by the program detailed in 40 CFR 51.357 and in the service to the motorist by ensuring short and a plan for how those vehicles are to EPA document entitled ‘‘High-Tech I/M wait times, short driving distances and be identified including vehicles that are Test Procedures, Emission Standards, regular testing hours. routinely operated in the area but may Quality Control Requirements, and The District’s submittal provides for a not be registered in the area, and a Equipment Specifications’’, EPA–AA– program of biennial testing in a description of any special exemptions EPSD–IM–93–1, dated April 1994. The centralized network. Many of the details including the percentage and number of federal I/M rule also requires vehicles related to this section must still be vehicles to be impacted by the that have been altered from their developed by the District before EPA exemption. Such exemptions shall be original certified configuration (i.e. can determine if the requirements are accounted for in the emissions engine or fuel switching) to be subject satisfied. Although the District expects reduction analysis. to the requirements of § 51.357(d). sufficient testing facilities using RSD as The District’s SIP submittal does not The District regulation Title 18 DCMR a prescreen, to provide adequate provide a description of the number and provides one set of standards for all convenience, there are no provisions for types (broken down by model year, fuel subject vehicles model years. The additional testing if participation is type, vehicle class, a weight class) of standards are in a grams per mile (gpm) lower than expected. The SIP fails to vehicles the program will cover. The format, achieved with a transient test. provide an evaluation of how the RSD regulations provide that vehicles model The District proposes to use an idle test prescreen will ensure short wait times. year 1968 and newer, up to a weight of on a certain percentage of the vehicle Furthermore, the SIP does not provide 26,000 gross vehicle weight, must fleet. Standards will need to be adopted a description of the test frequency, or undergo an emissions test. The District in a parts per million (ppm) format to regulations that ensure vehicles are states in the SIP narrative text that it accommodate the idle test. The tested at an assumed frequency, will provide self testing for fleets, District’s program proposes to utilize a including sufficient safeguards in the (testing at the fleets facilities, or during BAR31 test, remote sensing prescreen enforcement system to ensure that special hours at the District stations), and evaporative test. No standards exist vehicles are tested according to but no regulatory or legally enforceable for remote sensing or the evaporative schedule. These are minor deficiencies provisions are established to provide for tests. Nor does the District provide which the District must ultimately this testing. Although Federal fleets are standards for switched engines. correct for EPA to give final full subject to meet the same requirements Furthermore, full test procedures for all approval. as all District registered vehicles, the tests need to be provided. District plan does not provide a plan for The District’s SIP states that tests are Vehicle Coverage—40 CFR 51.356 testing of Federal vehicles. The SIP not to be performed without prior The performance standard for needs to provide a description of the repair, however, no regulations enhanced I/M programs assumes Federal fleet inspection program area. providing for such a requirement are coverage of all 1968 and later model The District’s SIP submittal does not provided. No provisions are provided to year light duty vehicles and light duty account for vehicles registered or ensure that the vehicle owner has access trucks and heavy duty trucks up to required to be registered in the to the test area to observe the entire 26,000 pounds GVWR, and includes programs. The SIP needs to provide an inspection. No provision ensures that vehicles operating on all fuel types. estimate of unregistered vehicles. The when a failure on one part of a test leads Other levels of coverage may be District’s SIP submittal claims that to failure on another part, the test approved if the necessary emission number of vehicles that operate in the procedure for a retest is done on the reductions are achieved. Vehicles District but are not registered in the originally failed component and the registered or required to be registered District is insignificant. The District second component as well. No within the I/M program area boundaries offers no plan to inspect and certify provision is included which requires and fleets primarily operated within the these vehicles. Data to support the that an exhaust emission retest be I/M program area boundaries and District’s claim of insignificance needs required along with a retest of the belonging to the covered model years to be provided. In light of the fact that evaporative system following an and vehicle classes comprise the subject the District of Columbia is a major evaporative system failure and repair. vehicles. Fleets may be officially commuting community center for No provisions are provided that require inspected outside of the normal I/M vehicles from suburban Maryland and all criteria pollutants be measured on a program test facilities, if such Virginia, EPA questions whether such retest after failure of a given pollutant. alternatives are approved by the vehicles are truly insignificant. The District’s submittal does not meet program administration, but shall be Furthermore, the program needs to the Test Procedures and Standards subject to the same test requirements provide provisions to account for these requirements of the federal I/M rule. using the same quality control standards vehicles, whether or not they are This major deficiency in part is the basis as non-fleet vehicles and shall be insignificant. The SIP submittal and for EPA proposed disapproval of the inspected in the same type of test modeling do not provide a description District’s I/M SIP. network as other vehicles in the state, and accounting of vehicles registered in Test Equipment—40 CFR 51.358 according to the requirements of 40 CFR the District but operating primarily 51.353(a). Vehicles which are operated outside the District. These are minor Computerized test systems are on Federal installations located within deficiencies that must ultimately be required for performing any an I/M program area shall be tested, corrected for EPA final full approval. measurement on subject vehicles. The regardless of whether the vehicles are federal I/M regulation requires that the registered in the state or local I/M area. Test Procedures and Standards—40 CFR state SIP submittal include written The federal I/M regulation requires 51.357 technical specifications for all test that the SIP must include the legal Written test procedures and pass/fail equipment used in the program. The authority or rule necessary to standards shall be established and specifications shall describe the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53171 emission analysis process, the necessary before expenditures can be counted program. A description of and test equipment, the required features, toward the cost limit. Tampering related accounting for all classes of exempt and written acceptance testing criteria repairs shall not be applied toward the vehicles needs to be provided. The SIP and procedures. The District provides a cost limit. Repairs must be appropriate needs to include a description of the draft Request for Bid (RFB) that details to the cause of the test failure. Repairs plan for testing vehicles, rental car the test equipment specifications. for 1980 and newer model year vehicles fleets, leased vehicles, federal fleet Appendix 8 of the District’s submittal, must be performed by a recognized vehicles, state and local government the draft RFB, provides for IM240 test repair technician. The federal regulation vehicles, and other subject vehicles. equipment which the District proposes allows for compliance via a diagnostic Section 3.5 of the District’s SIP claims to use with a BAR31 test. The inspection after failing a retest on the current compliance rate and the evaporative purge system specifications emissions and requires quality control effect of noncompliance due to are not consistent with the requirements of waiver issuance. The SIP must set a loopholes, counterfeiting, and of EPA approved specifications for a maximum waiver rate and must unregistered vehicles is insignificant. purge system. Furthermore, no describe corrective action that would be specifications exist for equipment used taken if the waiver rate exceeds that The District needs to explain why this for the remote sensing prescreen. The committed to in the SIP. is insignificant and the rationale for District’s submittal does not contain the Although the District provides for the such statement. The District claims a written technical specifications for test CAA waiver rate of $450.00 plus CPI 96% compliance rate, however, no equipment to be used in the program. adjustment, the regulations as adopted commitment is provided that the These are minor deficiencies and must by the District do not preclude the District will maintain this enforcement ultimately be corrected for EPA to give Mayor from changing the minimum level, at a minimum, in practice. No final full approval. waiver amount. At no time, can the penalty schedule for noncompliance is minimum waiver amount be lowered. provided. There is no requirement that Quality Control—40 CFR 51.359 The District will need to amend its noncompliance cases are not to be Quality control measures shall insure regulations to correct this deficiency. closed until compliance is that emission measurement equipment Time extensions are provided for in the demonstrated. No procedures are is calibrated and maintained properly, District program; however, no criteria or provided that prevent owners or lessors and that inspection, calibration records, procedures for issuance of these of vehicles from avoiding the testing and control charts are accurately hardship waivers is provided. The program through the manipulation of created, recorded and maintained. District needs to provide provisions to the registration or titling requirements. The District’s submittal includes address hardship waiver issuance No mechanism is provided for certifying provisions which describe and establish criteria to support these waivers. These vehicles that have met the testing quality control measures for the are minor deficiencies that ultimately requirements and have been passed or emission measurement equipment. must be corrected for EPA to give final waived. Although the District requires However, the quality control procedures full approval. in Appendix 10 of the District’s SIP that license tags and window stickers be submittal are incomplete. Specifically in Motorist Compliance Enforcement—40 used, linkage of sticker issuance and section 5.1.1 several blanks need to be CFR 51.361 registration denial is not provided. filled in, figure 5–1 is missing, no RSD The federal rule requires that Procedures must be established that specifications are provided. For the idle compliance shall be ensured through clearly determine when a vehicle is test being conducted on pre-1980 the denial of motor vehicle registration tested under the biennial testing vehicles no equipment specifications in enhanced I/M programs unless an schedule. These are major deficiencies. are provided (e.g. housing construction exception for use of an existing The District’s submittal does not meet requirements to protect analyzer bench alternative is approved. An enhanced I/ the Motorist Compliance Enforcement and electrical components from ambient M area may use either sticker-based requirements of the federal I/M rules. temperature and humidity fluctuations, enforcement programs or computer- This in part the basis for EPA’s automatic purge of system after each matching programs if either of these proposed disapproval of the District’s I/ test). These are minor deficiencies and programs were used in the existing M SIP. must be ultimately corrected for EPA program, which was operating prior to final full approval. passage of the 1990 Clean Air Act Motorist Compliance Enforcement Amendments, and it can be Program Oversight—40 CFR 51.362 Waivers and Compliance Via Diagnostic demonstrated that the alternative has The federal I/M regulation requires Inspection—40 CFR 51.360 been more effective than registration that the enforcement program shall be The federal I/M regulation allows for denial. The SIP must provide audited regularly and shall follow the issuance of a waiver, which is a information concerning the enforcement effective program management form of compliance with the program process, legal authority to implement requirements that allows a motorist to and enforce the program, and a practices, including adjustments to comply without meeting the applicable commitment to a compliance rate to be improve operation when necessary. The test standards. For enhanced I/M used for modeling purposes and to be SIP shall include quality control and programs, an expenditure of at least maintained in practice. quality assurance procedures to be used $450 in repairs, adjusted annually to Although the District makes a to insure the effective overall reflect the change in the Consumer Price statement in its SIP submittal that a performance of the enforcement system. Index (CPI) as compared to the CPI for registration denial system will be used, An information management system 1989, is required in order to qualify for the full text of its legislative authority is shall be established which will a waiver. Waivers can only be issued not provided. No enforcement characterize, evaluate and enforce the after a vehicle has failed a retest regulations or procedures are provided program. The submittal provides performed after all qualifying repairs in the SIP submittal. The District needs enforcement procedures to oversee the have been made. Any available warranty to identify all agencies responsible for program to meet the requirements of coverage must be used to obtain repairs implementing the motorist compliance this section. 53172 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules

Quality Assurance—40 CFR 51.363 resources and sources of those resources performed for each of the following An ongoing quality assurance which will support this function. programs: testing, quality assurance, program must be implemented to The District provides a citation of its quality control and enforcement. These legislative authority to enforce against discover, correct and prevent fraud, reports are to be submitted by July of contractors, inspectors and stations. waste, and abuse in the program. The each year and shall provide statistics for However, a copy of such legal authority program must include covert and overt the period of January to December of the is not provided. The District SIP does performance audits of the inspectors, previous year. A biennial report shall be not contain a penalty schedule for audits of station and inspector records, submitted to EPA which addresses noncompliance and list the offenses. equipment audits, and formal training of changes in program design, regulations, The first offense must be no less than all state I/M enforcement officials and legal authority, program procedures and $100 or 5 times the inspection fee. The any weaknesses in the program found auditors. A description of the quality judicial procedures and the during the two year period and how assurance program which includes responsibilities of each person in the these problems will be or were written procedure manuals on the above judicial process are not provided. No corrected. discussed items must be submitted as description of resources allocated to the The District’s SIP commits to conform part of the SIP. The District provides judicial and enforcement process are to the federal I/M regulations for data some quality assurance procedures. provided. No legal authority and/or analysis and reporting procedures. The However, the procedures on covert regulation exists that provides for the District’s SIP meets the requirements of audits are not provided. In addition, the immediate suspension of station/ the federal I/M rule for data analysis quality assurance procedures for inspector for a violation. The District and reporting. equipment audits do not include the needs regulations that (1) require remote sensing equipment. Equipment inspectors to receive training or Inspector Training and Licensing or audits on the RSD equipment need to be retraining where a violation or Certification—40 CFR 51.367 performed. This is a minor deficiency. discovery of incompetence has The federal I/M regulation requires all In addition, the procedures manual occurred; (2) bar certified inspectors inspectors to be formally trained and states the District will establish a from any involvement in inspection licensed or certified to perform training program for auditors and a while on penalty suspension; and, (3) inspections. The District’s narrative program to audit, independently, the provide auditors the authority to indicates that the requirements for auditors performance. The federal I/M temporarily suspend station and inspector training and licensing or rule requires that auditors to be audited inspectors licenses or certificates certification meet the federal I/M at least once a year. Appendix 10.7.3 of immediately upon finding a violation or regulations. The District commits to the District SIP submittal provides that equipment failure. The District SIP maintain an inspector training program auditors will be audited periodically, as provides a commitment to report to EPA and to ensure it meets or exceeds the needed. These are minor deficiencies statistics on enforcement activities. The standards of 40 CFR 51.367 (a). The and must be ultimately corrected for reports must at a minimum include all training program will cover the final full EPA approval. warnings, civil fines, suspensions, materials specified in the federal I/M Enforcement Against Contractors, revocations, and violations. These are rule and are located in the District’s Stations and Inspectors—40 CFR 51.364 minor deficiencies and must be regulation at 18 DCMR 617.6. An ultimately corrected before final full adequate description of the program Enforcement against licensed stations, approval. must be included. This is a minor contractors and inspectors shall include deficiency and must be ultimately swift, sure, effective, and consistent Data Collection—40 CFR 51.365 corrected for final full approval. penalties for violation of program Accurate data collection is essential to requirements. The federal I/M the management, evaluation and Public Information and Consumer regulation requires the establishment of enforcement of an I/M program. The Protection—40 CFR 51.368 minimum penalties for violations of federal I/M regulation requires data to The federal I/M regulation requires program rules and procedures which be gathered on each individual test the SIP to include public information can be imposed against stations, conducted and on the results of the and consumer protection programs. The contractors and inspectors. The legal quality control checks of test equipment District’s SIP submittal contains a authority for establishing and imposing required under 40 CFR 51.359. public awareness plan to meet the penalties, civil fines, license The District provides a commitment requirements of this section. suspensions and revocations must be to meet all of the data collection Improving Repair Effectiveness—40 CFR included in the SIP. State quality requirements of the federal I/M 51.369 assurance officials shall have the regulations. The District will need to authority to temporarily suspend station provide these procedures upon Effective repairs are the key to and/or inspector licenses immediately completion to EPA as an official SIP achieving program goals. The federal upon finding a violation that directly revision. The District’s SIP meets the regulation requires states to take steps to affects emission reduction benefits, requirements of the federal I/M rule for ensure that the capability exists in the unless constitutionally prohibited. An Data Collection. repair industry to repair vehicles. The official opinion explaining any state SIP must include a description of the constitutional impediments to Data Analysis and Reporting—40 CFR technical assistance program to be immediate suspension authority must 51.366 implemented, a description of the be included in the submittal. The SIP Data analysis and reporting are procedures and criteria to be used in must describe the administrative and required to allow for monitoring and meeting the performance monitoring judicial procedures and responsibilities evaluation of the program by the state requirements of the federal regulation relevant to the enforcement process, and EPA. The federal I/M regulation and a description of the repair including which agencies, courts and requires annual reports to be submitted technician training resources available jurisdictions are involved, who will which provide information and in the community. The District’s prosecute and adjudicate cases and the statistics and summarize activities submittal claims an enhanced I/M Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53173 training center will be administered to State Implementation Plan listed in the Addresses section of this meet the requirements of diagnostic and Submissions/Implementation notice. Deadlines—40 CFR 51.372–373 repair technician assistance. However, Proposed Action the lack of funding to support the development of the District’s proposed The submittal contains a schedule EPA is proposing to disapprove this enhanced state-of-the-art training center, which is dependent on action by the revision to the District SIP for an Financial Control Board to secure funds. remains a concern to EPA. The District’s enhanced I/M program. EPA is The general schedule has 3 Phases: SIP submittal does not identify when proposing to disapprove this action Design/Build/Operate Contract, because the District’s I/M program does the facility will be established and fully Construction of SW Inspection Station, not meet all of the requirements of the operational. The SIP submittal does not and Program Effectiveness Evaluation. NHSDA, the Clean Air Act and the address the requirement for a technician In Phase 1 which begins in March 1996 federal I/M rule. hotline service. These are minor and runs through to February 1997, the Today’s notice proposes to disapprove deficiencies and must be ultimately District plans to issue a request for the District’s I/M SIP until such time as corrected for final full approval. proposal (RFP), evaluate the technical the District corrects the major elements Compliance With Recall Notices—40 content of RFP and award a contract. In of the SIP that EPA considers deficient. CFR 51.370 Phase 2 which begins in February 1997 These major elements are: and ends January 1998, the District (1) The proposed I/M program does The federal regulation requires the plans to transfer District inspectors from not provide for a dedicated funding states to establish methods to ensure the SE inspection station to the NE mechanism to develop, implement and that vehicles that are subject to inspection station to continue basic I/M maintain the program through enhanced I/M and are included in an and safety inspection, build and attainment of the ozone standard. The emission related recall receive the renovate a new SW inspection station, Clean Air Act requires that a dedicated required repairs prior to completing the train contractor inspectors and fund be established. The District must demonstrate that adequate funding of emission test and/or renewing the implement contractor control/audit the program is available. Alternative vehicle registration. mechanisms. In Phase 3 which begins July 1996 and ends January 1998, the funding approaches are acceptable if it The District’s submittal does not District plans to design effectiveness is demonstrated that the funding can be provide any recall provisions, including evaluation criteria, test vehicles on maintained. The District does not authority to require owners to show IM240 and DC36 test procedures, provide for enabling legislation proof of compliance with recalls in evaluate test procedure effectiveness establishing such secured funding. order to complete inspections and and evaluate repair effectiveness. The (2) The District uses unapproved test receive registration. No commitment to District needs to provide a schedule of types and claims credit equivalency submit to EPA annual reports on recall testing of vehicles (phase-in and full), without a clear basis for those claims. compliance is provided by the District. explanation of what vehicles will be The deficiencies in the credit claims of No quality control procedures are tested (model years/number thereof), the District’s I/M program include the provided to track recall repairs. In light what test will be used, and when each following: of EPA final regulations for recall test and program element goes into (a) Assumes full IM240 emission notices, the District can commit to adopt effect (e.g. RSD prescreen, evaporative reduction credit for BAR31 test without the EPA approved recall rules upon test, technician training, full stringency data to support this claim. (b) Uses remote sensing as a testing promulgation. These are minor cutpoints, etc.). The schedule provides prescreen without providing data to that phase-in of new inspection deficiencies and must be ultimately support emission reductions and credit equipment will begin by September addressed for final full approval. calculation. 1997. The program must be fully (c) Assumes full credit for a non- On-road Testing—40 CFR 51.371 implemented with all enhanced intrusive evaporative test with no data program features by November 15, 1997. On-road testing is required in to support this assumption. The performance standard modeling enhanced I/M areas. The use of either (3) The submittal contains start years are not consistent with the remote sensing devices (RSD) or insufficiently demonstrates that the schedule provided by the District in this District’s program meets the high roadside pullovers including tailpipe section. These are minor deficiencies emission testing can be used to meet the enhanced performance standard, which and must be ultimately corrected for is necessary for the District’s air quality federal regulations. The program must final full approval. include on-road testing of 0.5% of the attainment plan. The demonstration is subject fleet or 20,000 vehicles, III. Discussion for Rulemaking Action insufficient due to the test equivalency whichever is less, in the nonattainment stated in (2) above and inaccurate EPA’s review of the District’s I/M SIP area or the I/M program area. Motorists calculation of emission reductions revision, which was submitted on July that have passed an emission test but detailed in the section by section 13, 1995 and supplemented on March analysis. are found to be high emitters as a result 27, 1996, finds that it does not meet all (4) The District’s SIP submittal of an on-road test shall be required to of the relevant requirements of the provides a citation for registration pass an out-of-cycle test. The District’s NHSDA or Clean Air Act, and EPA is denial but the full text of the legislation SIP submittal commits to test 0.5% of soliciting public comments on the is not provided. The District’s program fleet, however no regulations/ issues discussed in this notice or on lacks regulatory requirements for a procedures are provided. The District’s other relevant matters. These comments registration denial system. submittal needs to provide an adequate will be considered before taking final (5) The District’s SIP is deficient in description of the on-road testing action. Interested parties may meeting the requirements of Network program. This is a minor deficiency and participate in the Federal rulemaking Type and Program Evaluation because it must be ultimately corrected for final procedure by submitting written contains no commitment to evaluate the full approval. comments to the EPA Regional office program using mass emission transient 53174 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules testing on 0.1% of the subject fleet each applicable to small entities. Any pre- The Administrator’s decision to year. existing federal requirements remain in approve or disapprove the District’s (6) The SIP submittal is deficient in place after this disapproval. Federal enhanced I/M SIP revision will be based providing adopted regulations and disapproval of the state submittal does on whether it meets the requirements of procedures for each test type. not affect its state-enforceability. section 110(a)(2) (A)–(K) and part D of Major deficiencies must be corrected Moreover, EPA’s disapproval of the the Clean Air Act, as amended, and EPA with regard to sections, 51.351, submittal does not impose any new regulations in 40 CFR Part 51. Enhanced I/M Performance Standard, Federal requirements. Therefore, EPA 51.353, Network Type and Program certifies that this disapproval action List of Subjects in 40 CFR Part 52 Evaluation, 51,354, Adequate Tools and does not have a significant impact on a Environmental protection, Air Resources, 51.357, Test Procedures and substantial number of small entities pollution control, Carbon monoxide, Standards, and 51.360, Motorist because it does not remove existing Hydrocarbons, Incorporation by Compliance Enforcement. requirements and impose any new reference, Intergovernmental relations, In addition, the District’s submittal Federal requirements. Nitrogen dioxide, Ozone, Reporting and does not meet a number of Under Section 202 of the Unfunded recordkeeping requirements. miscellaneous requirements of the I/M Mandate Reform Act of 1995 Authority: 42 U.S.C. 7401–7671q. rule. Specifically sections: 51.350, (‘‘Unfunded Mandates Act’’), signed Dated: September 19, 1996. Applicability, 51.355, Testing into law on March 22, 1995, EPA must Frequency and Convenience, 51.356, prepare a budgetary impact statement to Michael M. McCabe, Vehicle Coverage, 51.358, Test accompany any proposed or final that Regional Administrator, Region III. Equipment, 51.359, Quality Control, includes a Federal mandate that may [FR Doc. 96–25983 Filed 10–9–96; 8:45 am] 51.360 Waivers and Compliance via result in estimated costs to State, local BILLING CODE 6560±50±P Diagnostic Inspection, 51.362 Motorist or tribal governments in aggregate; or to Compliance Enforcement Program the private sector, of $100 million or Oversight, 51.363, Quality Assurance, more. Under section 205, EPA must 40 CFR Part 52 51.364 Enforcement against Contractors, select the most cost-effective and least [PA036±4016, PA036±4017; FRL±5633±6] Stations and Inspectors, 51.365 Data burdensome alternative that achieves Collection, 51.366, Data Analysis and the objectives of the rule and is Approval and Promulgation of Air Reporting, 51.367 Inspection Training consistent with statutory requirements. Quality Implementation Plans; and Licensing or Certification, 51.368, Section 203 requires EPA to establish a Pennsylvania; Redesignation Request, Public Information and Consumer plan for informing and advising any Maintenance Plan, and Emissions Protection, 51.369, Improving Repair small governments that may be Inventory for the Reading Ozone Technician Effectiveness, 51.370, significantly or uniquely impacted by Nonattainment Area; Policy Change for Compliance with Recall Notices, 51.371, the rule. Ozone Redesignations On-Road Testing, and 51.372, State EPA has determined that the Implementation Plan Transmittals. disapproval action proposed does not AGENCY: Environmental Protection These deficiencies, described in more include a Federal mandate that may Agency (EPA). detail above in the section by section result in estimated cost of $100 million ACTION: Proposed rule. analysis, must be corrected before EPA or more to either State, local, or tribal could provide full approval for the governments in the aggregate, or to the SUMMARY: EPA is proposing to approve District’s I/M SIP revision. private sector. This Federal action a redesignation request for the Reading Nothing in this action should be maintains pre-existing requirements ozone nonattainment area, and State construed as permitting or allowing or under State or local law, and imposes Implementation Plan (SIP) revisions establishing a precedent for any future no new Federal requirements. submitted by the Commonwealth of request for revision to any state Accordingly, no additional cost to State, Pennsylvania, contingent upon implementation plan. Each request for local, or tribal governments, or to the Pennsylvania’s correction of all revision to the state implementation private sector, result from this action. deficiencies contained in the request plan shall be considered separately in Under section 801(a)(1)(A) of the and SIP revision. The revisions consist light of specific technical, economic, Administrative Procedures Act (APA) as of a maintenance plan and 1990 base and environmental factors and in amended by the Small Business year inventories for the Reading ozone relation to relevant statutory and Regulatory Enforcement Fairness Act of nonattainment area. EPA is also regulatory requirements. 1996, EPA submitted a report containing proposing to disapprove the Under the Regulatory Flexibility Act, this rule and other required information redesignation request and SIP revisions 5 U.S.C. 600 et seq., EPA must prepare to the U.S. Senate, the U.S. House of for the Reading area, if Pennsylvania a regulatory flexibility analysis Representatives and the Comptroller does not correct the deficiencies. In assessing the impact of any proposed or General of the General Accounting addition, for the purposes of final rule on small entities. 5 U.S.C. Office prior to publication of the rule in redesignation, EPA is proposing to Sections 603 and 604. Alternatively, today’s Federal Register. This rule [is/ approve Pennsylvania’s legislative EPA may certify that the rule will not is not] a ‘‘major rule’’ as defined by authority to adopt and implement a have a significant impact on a section 804(2) of the APA as amended. vehicle inspection and maintenance substantial number of small entities. This action has been classified as a program. These actions are being taken Small entities include small businesses, Table 3 action for signature by the under sections 107 and 110 of the Clean small not-for-profit enterprises, and Regional Administrator under the Air Act. Furthermore, EPA is proposing government entities with jurisdiction procedures published in the Federal a change in its policy on redesignation over populations of less than 50,000. Register on January 19, 1989 (54 FR requirements for ozone nonattainment EPA’s disapproval of the District’s 2214–2225), as revised by a July 10, areas in the Ozone Transport Region request under Section 110 and 1995 memorandum from Mary Nichols, (OTR). The proposed policy change subchapter I, part D of the CAA does not Assistant Administrator for Air and makes redesignation requirements for affect any existing requirements Radiation. areas in the OTR consistent with Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53175 requirements for areas outside the OTR Reading area and the Pittsburgh-Beaver year (TPY) or more, RACT for sources of by interpreting meeting the Valley area (the Pittsburgh area) had oxides of Nitrogen (NOX) with the requirements under section 184 of the attained the ozone standard, and (2) potential to emit 100 TPY or more, Part Clean Air Act as not being a prerequisite waiving the Clean Air Act requirements D new source review (NSR) for major for the purpose of redesignation. The for a 15% plan, an attainment sources of VOC and NOX, enhanced policy does not affect duplicate demonstration, and contingency vehicle inspection and maintenance requirements under other sections of the measures for these areas (60 FR 37015). (I/M), Stage II vapor recovery or a Act. This action also lifted sanctions comparable measure, and any measures DATES: Comments must be received on imposed on the areas for failure to that are mandated by EPA under section or before November 12, 1996. submit these requirements. EPA took 184(c) based on a petition by the Ozone Transport Commission (OTC). To date, ADDRESSES: Comments may be mailed to this action pursuant to a May 10, 1995 David L. Arnold, Chief, Ozone/CO & policy that allows a waiver of these only the OTC Low Emission Vehicle Mobile Sources Section, Mailcode requirements for areas that show, program (or acceptable equivalent) has 3AT21, U.S. Environmental Protection through air quality monitoring data, that been required under section 184(c) [60 Agency, Region III, 841 Chestnut they meet the ozone standard. FR 4712; December 19, 1994]. Some of the section 184 requirements Building, Philadelphia, Pennsylvania Subsequently, a lawsuit was filed duplicate requirements under other 19107. Copies of the documents relevant against EPA on the application of this sections of the Act for certain to this action are available for public waiver policy. A settlement agreement between EPA classifications of nonattainment areas. inspection during normal business For example, as a moderate hours at the Air, Radiation, and Toxics and the petitioners in the lawsuit (the Delaware Valley Citizens’ Council for nonattainment area, Reading is also Division, U.S. Environmental Protection subject to VOC RACT under section Agency, Region III, 841 Chestnut Clean Air, also known as the Clean Air Council) was signed on May 20, 1996, 182(b)(2) for sources with the potential Building, Philadelphia, Pennsylvania to emit 100 TPY or more, Part D NSR 19107 and the Pennsylvania Department and a notice regarding it was published for major sources of NOX and NOX of Environmental Protection, Bureau of in the Federal Register on May 29, 1996 (61 FR 26903). By agreement with the RACT for sources with the potential to Air Quality, P.O. Box 8468, 400 Market emit 100 TPY or more under section Street, Harrisburg, Pennsylvania 17105. petitioners, the Regional Administrator is to sign a Notice of Proposed 182(f), and Part D NSR for major sources FOR FURTHER INFORMATION CONTACT: Rulemaking on the Reading of VOC under sections 173 and Maria A. Pino, (215) 566–2181, at the redesignation request and maintenance 182(b)(5). Reading is also subject to EPA Region III office address listed plan by September 30, 1996. In basic I/M for moderate areas under above, or via e-mail at addition, the Regional Administrator is section 182(b)(4). The EPA believes that, [email protected]. While to sign the Final Rulemaking Notice by for purposes of redesignation, it is information may be requested via e- March 3, 1997. appropriate to consider the section 184 mail, comments must be submitted in Under section 107(d)(3)(E) of the requirements separately from the writing to the above Region III address. Clean Air Act (the Act), the following requirements under other sections SUPPLEMENTARY INFORMATION: On five criteria must be met for an ozone because the express purpose of the November 12, 1993, the Commonwealth nonattainment area to be redesignated to section 184 requirements is different. of Pennsylvania formally submitted a attainment: Section 184 requirements are region- redesignation request for the Reading 1. The area must meet the ozone wide requirements intended for the ozone nonattainment area. At the same NAAQS. control of interstate transport of ozone time, the Commonwealth submitted a 2. The area must meet applicable pollution, whereas the similar moderate maintenance plan for the Reading area requirements of section 110 and Part D. area requirements are linked with the as a SIP revision. The maintenance plan 3. The area must have a fully particular nonattainment area was subsequently amended on January approved SIP under section 110(k) of designation and classification to address 13, 1994 and, again, on May 12, 1995. the Act. local air quality problems. These latter On November 12, 1992, Pennsylvania 4. The area must show that its requirements for Reading are discussed submitted its 1990 base year VOC, NOx, experienced improvement in air quality below. (See ‘‘Status of Moderate Area and CO inventories for all areas in the is due to permanent and enforceable Requirements—Sections 173 and 182.’’) Commonwealth. On November 12, 1993, measures. Although this redesignation request Pennsylvania included revisions to its 5. The area must have a fully was submitted after the due date for 1990 base year inventories for the approved maintenance plan under several of the section 184 requirements, Reading area as part of the SIP revision section 175A of the Act, including including NSR for sources of both VOCs submittal, along with the maintenance contingency measures. and NOx, RACT for sources of VOCs plan. with the potential to emit between 50 Policy Change for Redesignations— and 100 TPY, and enhanced I/M, EPA Background Section 184 Requirements believes it is reasonable and appropriate The Reading area, which includes All areas in the Ozone Transport to interpret the section 184 Berks County, is designated Region (OTR), both attainment and requirements as not being applicable nonattainment for ozone and is nonattainment, are subject to additional requirements for purposes of evaluating classified as moderate (56 FR 56694). control requirements under section 184 a redesignation request. The rationale is Monitored air quality data recorded in for the purpose of reducing interstate based on two factors. First, the the Reading area first met the ozone transport of emissions that may requirement to submit SIP revisions for National Ambient Air Quality Standard contribute to downwind ozone the section 184 requirements continues (NAAQS) during the three-year period nonattainment. The section 184 to apply to areas in the OTR after 1989–1991, and continues to meet the requirements are reasonably available redesignation to attainment. Therefore, NAAQS. control technology (RACT) for sources the State remains obligated to adopt On July 19, 1995, EPA published a of volatile organic compounds (VOCs) NSR, RACT, and I/M even after final rule (1) determining that the with the potential to emit 50 tons per redesignation and would risk sanctions 53176 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules for failure to do so. While redesignation even after redesignation to attainment. case-by-case RACT determinations. of an area to attainment enables the area Primarily for this reason, EPA has Pennsylvania is in the process of to avoid further compliance with the previously interpreted the conformity submitting the case-by-case RACT requirements of section 110 and part D requirements as not being applicable determinations to EPA for approval into that are linked with an area’s requirements for purposes of evaluating the Pennsylvania SIP. nonattainment status, the section 184 redesignation requests (60 FR 62748; NSR: On February 4, 1994, requirements apply to both December 7, 1995). Pennsylvania submitted its final NSR nonattainment and maintenance Under section 211(m), oxygenated regulations to EPA. On February 28, (attainment) areas. Second, the section fuels programs are required in moderate 1994, EPA determined that the 184 control measures are region-wide and serious carbon monoxide submittal was complete. That submittal requirements and do not apply to nonattainment areas with design values is the subject of a separate rulemaking Reading by virtue of the area’s of 9.5 parts per million (ppm) or greater. action, currently being prepared by EP. designation and classification. Rather, The oxygenated fuels program must be I/M: Under the November 28, 1995 the section 184 measures are required in applied throughout a consolidated National Highway System Designation Reading because Reading is located in metropolitan statistical area (CMSA) or Act, Pennsylvania submitted an OTR the OTR. The purpose of these measures metropolitan statistical area (MSA), low-enhanced program on March 22, is not to address air quality in the even if the nonattainment area 1996. On September 13, 1996, Regional designated Reading nonattainment area, boundaries do not encompass the entire Administrator W. Michael McCabe but to reduce regional emissions in the CMSA. Previously, a situation occurred signed a Notice of Proposed OTR. Where the Act has deemed the where several not-classified carbon Rulemaking, proposing conditional same controls needed as part of a monoxide (CO) nonattainment areas interim approval of Pennsylvania’s strategy to reduce emissions in certain were located in the CMSA of a moderate enhanced I/M SIP. nonattainment areas, those control CO area whose design value triggered EPA’s Evaluation of Pennsylvania’s measures are specifically required for the oxygenated fuels requirement. those areas under different sections of Therefore, the not-classified areas were Redesignation Request and the Act. It is these latter requirements required to sell oxygenated fuels Maintenance Plan for the Reading Area that are linked with a particular although it was not a requirement Criterion 1: The area must meet the nonattainment area’s designation and linked specifically with the not- ozone NAAQS. classification that EPA believes are the classified areas’ designation, EPA’s Evaluation: The area has met relevant measures to evaluate in classification and design value. In this the ozone standard since 1991, reviewing a redesignation request. case, for purposes of evaluating a considering data for the three-year Therefore, with this notice, EPA is redesignation request, EPA interpreted period 1989–1991. The area continues proposing to modify its policy regarding the oxygenated fuels program as not to meet the ozone standard. the interpretation of section 107(d)(3)(E) being an applicable requirement for the Criterion 2: The area must meet concerning the applicable requirements not-classified areas because the State applicable requirements of section 110 for purposes of reviewing an ozone would still be obligated to adopt and and Part D. redesignation request. Under this new implement the oxygenated fuels EPA’s Evaluation: EPA’s policy, for the reasons just discussed, program in the areas after redesignation redesignation policy requires an area to EPA believes that the ozone (due to the continuing moderate area meet all requirements in section 110 redesignation requests for areas in the requirement) and because the areas were and Part D of the Clean Air Act that OTR may be approved notwithstanding only required to implement an were due prior to the state’s submittal the lack of fully approved section 184 oxygenated fuels program by virtue of of the redesignation request. requirements. Based on this their location in the CMSA of a Pennsylvania submitted the interpretation, EPA is proceeding to moderate CO area (60 FR 62741; redesignation request for the Reading propose approval of the Reading December 7, 1995). area on 11/12/93. Therefore, all section redesignation request despite the lack of 110 and Part D requirements that were Status of OTR Requirements—Section SIP approved NSR, enhanced I/M, and due before 11/12/93, other than those 184 RACT for VOC sources with the required under sections 176 and 184, potential to emit between 50 and 100 RACT: Under section 184, and are applicable requirements for the TPY. Redesignation to attainment will excluding the requirements of section purposes of evaluating the redesignation not remove the requirement for 182, RACT is required for VOC sources request for the Reading area. As Pennsylvania to adopt and implement with the potential to emit between 50 explained above, EPA is proposing, in all of these section 184 measures in the and 100 TPY. On February 4, 1994, this notice, to modify its previous policy Reading area. It should be noted that Pennsylvania submitted a ‘‘generic’’ regarding whether the requirements of Pennsylvania has submitted its NSR and RACT rule for NOX sources and for VOC section 184 of the Act are applicable I/M programs for the Reading area. sources not covered by a control requirements for the purposes of These submittals are the subject of techniques guidelines (CTG) document, evaluating a redesignation request. separate rulemaking actions. so-called non-CTG sources. This rule This new policy is consistent with, was effective in the Commonwealth on Status of Moderate Area and an extension of, EPA’s existing January 15, 1994. On February 28, 1994, Requirements—Sections 173 and 182 redesignation policies regarding EPA determined that the submittal was RACT: Under section 182 RACT is conformity and oxygenated fuels complete. This generic RACT rule does required for sources of VOC and NOX requirements. Transportation and not contain any specific requirements with the potential to emit 100 TPY or general conformity rules, required under for VOC sources, and contains only a more. As stated above, Pennsylvania section 176, apply to both control technology requirement for a submitted a ‘‘generic’’ RACT rule to nonattainment and maintenance areas. class of NOX sources and operation and EPA as a SIP revision on February 4, Just as with the section 184 maintenance requirements for several 1994. This rule applies to NOX sources requirements, States remain obligated to NOX source categories. All other VOC and non-CTG VOC sources. This generic adopt and implement conformity rules and NOX sources are required to submit RACT rule does not contain any specific Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53177

emission limitation. All VOC and NOX As stated above, Pennsylvania TPY or more in the Reading area) to sources are required to submit case-by- submitted an OTR low-enhanced EPA as SIP revisions, and EPA must case RACT proposals to Pennsylvania, program on March 22, 1996, under the approve these RACT determinations which, in turn, submits its RACT National Highway Act. On September into the SIP before, or at the same time determinations to EPA as SIP revisions. 13, 1996, Regional Administrator W. as, EPA completes final rulemaking on Pennsylvania is in the process of Michael McCabe signed a Notice of the redesignation request. As stated submitting the case-by-case RACT Proposed Rulemaking, proposing above, Pennsylvania is in the process of determinations to EPA for approval into conditional interim approval of submitting RACT SIP revisions for the Pennsylvania SIP. Pennsylvania’s enhanced I/M SIP. This applicable NOX and VOC sources, and In order for the Reading area to meet submittal contains legislative authority must complete these submissions for this criterion, Pennsylvania must submit for an OTR low-enhanced I/M program, final approval of this redesignation complete and approvable RACT as well as a schedule for request. determinations for all applicable implementation of the program. 1990 Base Year Emission Inventories: sources (all VOC and NOX sources with Pursuant to the so called I/M As stated above, in EPA’s evaluation of the potential to emit 100 TPY or more redesignation rule, EPA’s January 5, criterion 2, Pennsylvania must provide in the Reading area) to EPA as SIP 1995 Federal Register action, adequate technical justification to revisions, and EPA must approve these Inspection/Maintenance Program support the 1990 VOC, NOX, and CO RACT determinations into the SIP Requirements—Provisions for base year inventories for Reading, before, or at the same time as, EPA Redesignation (60 FR 1735), submitted on November 12, 1992, and completes final rulemaking on the Pennsylvania’s list of contingency updated on November 12, 1993. redesignation request. Pennsylvania is measures for the Reading area must Other Moderate Area Requirements: in the process of submitting the required include basic I/M, in the event that the SIP revisions for VOC RACT Fix-ups, RACTs to EPA as SIP revisions. enhanced I/M requirement under VOC RACT Catch-ups (excluding non- CTG VOC RACT), and emission NSR: On February 4, 1994, section 184 is not implemented. The contingency plan must also contain a statements have been approved into the Pennsylvania submitted its final NSR schedule for implementation of a basic Pennsylvania SIP. As stated above, in regulations to EPA. EPA determined I/M program that complies with 40 CFR EPA’s evaluation of criterion 2, basic I/ that the submittal was complete on 51.372(c)(4). This schedule must be M and NSR are no longer applicable for February 28, 1994, but has not triggered when Pennsylvania chooses to redesignation purposes. Furthermore, completed rulemaking on the NSR SIP. implement basic I/M as a contingency EPA has previously interpreted the However, according to EPA’s October measure. transportation and general conformity 14, 1994 policy memorandum from Base Year Emission Inventories: On requirements as not being applicable for Mary D. Nichols, Assistant November 12, 1992, Pennsylvania purposes of evaluating redesignation Administrator for Air and Radiation, submitted 1990 VOC, NOX, and carbon requests (60 FR 62748; December 7, entitled Part D New Source Review (Part monoxide (CO) base year inventories for 1995). Finally, because Pennsylvania D NSR) Requirements for Areas all areas in the Commonwealth. With submitted the Reading redesignation Requesting Redesignation to the redesignation request, Pennsylvania request prior to the due date for the 15% Attainment, areas may be redesignated submitted summary updates to its 1990 plan, attainment demonstration, and to attainment without a fully approved base year inventories for the Reading contingency measure requirements, part D NSR program, as long as the area area, which supersede Pennsylvania’s these requirements are not applicable does not rely on NSR for maintenance. 1992 submittal. The 1990 base year for the purpose of evaluating this The Reading redesignation request does emissions summaries included in the redesignation request. Moreover, not rely on NSR for maintenance. redesignation request are different from pursuant to EPA’s May 10, 1995 waiver I/M: Under section 182, moderate those in the 1990 base year inventories policy, EPA’s July 19, 1995 action (60 areas are required to adopt and submitted by Pennsylvania on FR 37015) waived these requirements implement a basic I/M program. November 12, 1992. for the Reading area. However, according to EPA’s September Pennsylvania must submit adequate Criterion 4: The area must show that 17, 1993 policy memorandum from technical justification to support the its experienced improvement in air Michael H. Shapiro, Assistant changes in the inventories, including quality is due to permanent and Administrator for Air and Radiation, sample calculations for point, area, and enforceable measures. entitled State Implementation Plan (SIP) mobile sources, and mobile source EPA’s Evaluation: The redesignation Requirements for Areas Submitting emissions modeling sample runs. request has shown that, through fully Requests for Redesignation to Criterion 3: The area must have a fully adopted and implemented, permanent Attainment of the Ozone and Carbon approved SIP under section 110(k) of and enforceable state and federal Monoxide (CO) National Ambient Air the Act. measures, the area’s air quality has Quality Standard (NAAQS) on or after EPA’s Evaluation: In order to meet improved. November 15, 1992, areas may be this criterion, all applicable SIP Criterion 5: The area must have a fully redesignated to attainment without a elements must be approved into approved maintenance plan under fully adopted I/M program, as long as Pennsylvania’s SIP for the Reading area. section 175A of the Act, including (1) the area does not rely on I/M for All applicable requirements, other than contingency measures. maintenance, (2) the area has legislative RACT and the 1990 VOC, NOX, and CO EPA’s Evaluation: The submitted authority for a basic I/M program, (3) base year inventories, have been maintenance plan has several basic I/M is included in the approved into the Pennsylvania SIP. deficiencies. maintenance plan as a contingency RACT: As stated above, in EPA’s (1) The maintenance plan must show measure, and (4) the maintenance plan evaluation of criterion 2, Pennsylvania continued maintenance of the standard includes an enforceable schedule and must submit complete and approvable for at least ten years after the area is commitment for adopting a basic I/M RACT determinations for all applicable redesignated. To that end, EPA requires program upon a specific and sources (all NOX and non-CTG VOC states to include emission inventories in appropriate trigger. sources with the potential to emit 100 their maintenance plans for a year that 53178 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules is 10 years after the state anticipates EPA’s Evaluation of Pennsylvania’s deficiencies contained in those EPA will approve their redesignation 1990 Base Year Inventory for the inventories. At the same time, EPA is request. Furthermore, EPA requires that Reading Area proposing to disapprove the states project emissions for an interim On November 12, 1992, Pennsylvania redesignation request, maintenance year, between the year the area is submitted the 1990 base year plan, and 1990 base year emission inventories for the Reading area if redesignated and the end year (10 years inventories for VOC, NOX and CO for all after redesignation). Pennsylvania must areas in the Commonwealth, including Pennsylvania does not correct the project emissions out to at least 2007. the Reading area. Pennsylvania deficiencies. In addition, for purposes of satisfying the I/M redesignation rule of amended these inventories for the The maintenance plan that January 1995, EPA is proposing Reading area when it submitted its Pennsylvania submitted on November approval of Pennsylvania’s legislative redesignation request and maintenance 12, 1993, and amended on January 13, authority to adopt and implement an I/ plan for the area, on November 12, 1993. 1994 and, again, on May 12, 1995 M program. Finally, EPA is proposing to However, only summaries of the projects maintenance up to the year change its policy on redesignation updated inventory were submitted with 2004, and includes interim year requirements for ozone nonattainment the redesignation request. emission projection for 1996. However, areas in the Ozone Transport Region The 1990 base year emissions on September 27, 1996, Pennsylvania (OTR). The policy change makes summaries included in the redesignation requirements for areas in supplemented the Reading maintenance redesignation request are different from the OTR consistent with requirements plan with preliminary inventories for those in the 1990 base year inventory 2007. Pennsylvania must submit for areas outside the OTR by submitted by Pennsylvania on interpreting requirements under section adequate technical support to justify November 12, 1992. Pennsylvania must these new inventories. Additionally, 184 of the Clean Air Act as not being submit adequate technical justification applicable for the purpose of Pennsylvania can no longer use 1996 as to support the changes in the the interim year, because EPA will not redesignation. inventories, including sample In order to correct the deficiencies complete final rulemaking on this calculations for point, area, and mobile that exist in the redesignation request, redesignation request and maintenance sources, and mobile source emissions maintenance plan, and 1990 base year plan until 1997. However, Pennsylvania modeling sample runs. emission inventories, Pennsylvania can use the 2004 inventories, which A more detailed evaluation of must submit the following to EPA: have already been submitted, as the Pennsylvania’s redesignation request, (1) Adequate technical support to interim year inventories. maintenance plan, and 1990 base year justify the projected emission (2) More technical support is needed emission inventories for the Reading inventories (2007 and 2004), including in order for EPA to evaluate the area can be found in the Technical growth factors (not surrogates), sample Support Document (TSD) prepared by projected emissions inventories, for calculations for point, area, and mobile EPA for this rulemaking action. The 2004 and 2007, submitted with the sources, and mobile source emissions TSD and other materials related to this maintenance plan. The maintenance modeling sample runs; action are available for public (2) Complete and approvable RACT plan must show that only credible inspection at the EPA Regional office SIP revisions for all applicable sources measures (fully adopted and SIP listed in the ADDRESSES section of this (all VOC and NOX sources with the approved state measures, and certain notice. potential to emit 100 TPY or more in the federal measures) are used to EPA is soliciting public comments on Reading area); demonstrate maintenance. Mobile the issues discussed in this notice or on (3) A declaration that all required source emissions modeling must be other relevant matters. These comments RACTs have been submitted; provided in order to determine if those will be considered before taking final (4) SIP revisions to the Reading area inventories were projected correctly, action. Interested parties may maintenance plan so that it provides taking emission reduction credit only participate in the Federal rulemaking adequate contingency measures. The for measures that are fully adopted and procedure by submitting written plan must contain a list of measures to approved into the SIP. In addition, comments to the EPA Regional office be adopted and a schedule and Pennsylvania must provide growth listed in the ADDRESSES section of this procedures for adoption and factors (not surrogates), sample notice. implementation. The plan must also identify specific triggers used to calculations for point, area, and mobile Proposed Action sources. determine when the contingency EPA is proposing to approve measures need to be implemented and (3) The contingency measure Pennsylvania’s request for redesignation a schedule for implementation of the provided in the maintenance plan is of the Reading area, and the contingencies in the event that they are inadequate. The maintenance plan must accompanying maintenance plan, which implemented. The list of contingency provide for contingency measures to was originally submitted on November measures must include basic I/M, in the promptly correct any violation of the 12, 1993, and amended on January 13, event that enhanced I/M requirement ozone NAAQS that occurs after the area 1994 and May 12, 1995, contingent under section 184 is not implemented. is redesignated. The plan must contain upon Pennsylvania’s correction of all The plan must contain a schedule for a list of measures to be adopted and a deficiencies contained in the request implementation of a basic I/M program schedule and procedures for adoption and maintenance plan. EPA is also that complies with 40 CFR 51.372(c)(4). and implementation. The plan must also proposing to approve the 1990 base year This schedule will be triggered when identify specific triggers used to VOC, NOX, and CO inventories for the Pennsylvania chooses to implement determine when the contingency Reading ozone nonattainment area, basic I/M as a contingency measure; and measures need to be implemented. which were originally submitted on (5) Technical support to justify the Pennsylvania is in the process of November 12, 1992, and revised on 1990 base year emission inventories revising the maintenance plan for the November 12, 1993, contingent upon submitted in the redesignation request. Reading area to meet this criterion. Pennsylvania’s correction of all This support must include sample Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53179 calculations for point, area, and mobile B. Regulatory Flexibility Act under section 107(d)(3)(E) of the CAA, sources, a list of all point sources, and Under the Regulatory Flexibility Act, this denial would not affect any existing mobile source emissions modeling. 5 U.S.C. 600 et seq., EPA must prepare requirements applicable to small As stated above, the Regional a regulatory flexibility analysis entities nor does it impose new Administrator is to sign a final assessing the impact of any proposed or requirements. The area would retain its rulemaking action on the Reading final rule on small entities. 5 U.S.C. 603 current designation status and would redesignation request and maintenance and 604. Alternatively, EPA may certify continue to be subject to the same plan by March 3, 1997, according to an that the rule will not have a significant statutory requirements. To the extent agreement between EPA and the Clean impact on a substantial number of small that the area must adopt regulations, based on its nonattainment status, EPA Air Council. The revisions listed above entities. Small entities include small will review the effect of those actions on must be submitted to EPA in enough businesses, small not-for-profit small entities at the time the State time for EPA to evaluate their adequacy enterprises, and government entities submits those regulations. Therefore, and, where necessary, complete separate with jurisdiction over populations of the Regional Administrator certifies that rulemaking actions on the submittals less than 50,000. the disapproval of the redesignation before March 1997. Therefore, EPA has SIP approvals under section 110 and request will not affect a substantial determined that Pennsylvania needs to subchapter I, part D of the Clean Air Act number of small entities. submit the required revisions by do not create any new requirements but February 3, 1997, in time for EPA to simply approve requirements that the C. Unfunded Mandates take final action by March 3, 1997. State is already imposing. Therefore, Under Section 202 of the Unfunded Pennsylvania is in the process of because this proposed Federal SIP Mandates Reform Act of 1995 addressing all of the deficiencies listed approval does not impose any new (‘‘Unfunded Mandates Act’’), signed above. EPA believes that Pennsylvania requirements, the Regional into law on March 22, 1995, EPA must will be able to meet the February 3, Administrator certifies that it does not prepare a budgetary impact statement to 1997 deadline stated above. In addition, have a significant impact on any small accompany any proposed or final rule EPA believes that it will be able to entities affected. Moreover, due to the that includes a Federal mandate that complete rulemaking on Pennsylvania’s nature of the Federal-State relationship may result in estimated costs to State, submittals, as long as Pennsylvania under the CAA, preparation of a local, or tribal governments in the works closely with EPA to develop the flexibility analysis would constitute aggregate; or to private sector, of $100 required revisions. Federal inquiry into the economic million or more. Under Section 205, If EPA were to take final action to reasonableness of state action. The EPA must select the most cost-effective disapprove the maintenance plan, the Clean Air Act forbids EPA to base its and least burdensome alternative that Reading area will no longer be able to actions concerning SIPs on such achieves the objectives of the rule and demonstrate conformity to the grounds. Union Electric Co. v. U.S. EPA, is consistent with statutory submitted maintenance plan pursuant to 427 U.S. 246, 255–66 (1976); 42 U.S.C. requirements. Section 203 requires EPA the transportation conformity 7410(a)(2). to establish a plan for informing and requirements in 40 CFR Part 51, section EPA’s proposed disapproval of the advising any small governments that 51.448(i). Since the submitted State request under Section 110 and may be significantly or uniquely maintenance plan budget will no longer subchapter I, part D of the CAA does not impacted by the rule. apply for transportation conformity affect any existing requirements EPA has determined that this purposes, the build/no-build and less- applicable to small entities. Any pre- proposed approval action does not than-90 tests will apply. existing federal requirements remain in include a Federal mandate that may Nothing in this action should be place after this disapproval. Federal result in estimated costs of $100 million construed as permitting or allowing or disapproval of the state submittal does or more to either State, local, or tribal establishing a precedent for any future not affect its state-enforceability. governments in the aggregate, or to the request for revision to any state Moreover, EPA’s proposed disapproval private sector. This Federal action implementation plan. Each request for of the submittal does not impose any proposes to approve pre-existing revision to the state implementation new Federal requirements. Therefore, requirements under State or local law, plan shall be considered separately in EPA certifies that this proposed and imposes no new Federal light of specific technical, economic, disapproval action does not have a requirements. Accordingly, no and environmental factors and in significant impact on a substantial additional costs to State, local, or tribal relation to relevant statutory and number of small entities because it does governments, or to the private sector, regulatory requirements. not remove existing requirements and result from this action. impose any new Federal requirements. EPA has also determined that the Administrative Requirements Redesignation of an area to attainment proposed alternative disapproval action A. Executive Order 12866 under section 107(d)(3)(E) of the CAA does not include a Federal mandate that does not impose any new requirements may result in estimated costs of $100 This action has been classified as a on small entities. Redesignation is an million or more to either State, local, or Table 3 action for signature by the action that affects the status of a tribal governments in the aggregate, or Regional Administrator under the geographical area and does not impose to the private sector. Accordingly, no procedures published in the Federal any regulatory requirements on sources. additional costs to State, local, or tribal Register on January 19, 1989 (54 FR The Regional Administrator certifies governments, or to the private sector, 2214–2225), as revised by a July 10, that, in the event that EPA approves result from this action. 1995 memorandum from Mary Nichols, Pennsylvania’s redesignation request for The Regional Administrator’s Assistant Administrator for Air and the Reading area, the approval will not decision to approve or disapprove Radiation. The Office of Management affect a substantial number of small Pennsylvania’s redesignation request for and Budget (OMB) has exempted this entities. the Reading ozone nonattainment area, regulatory action from E.O. 12866 In the event that EPA denies the associated maintenance plan, and review. Pennsylvania’s redesignation request the 1990 VOC, NOx, and CO base year 53180 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules inventories for the area will be based on 80202–2466. Copies of the documents implementation of these I/M programs, whether they meet the requirements of relevant to this action are available for since the anticipated start-up dates section 110(a)(2)(A)–(K) and part D of public inspection during normal developed under the CAA and EPA’s the Clean Air Act, as amended, and EPA business hours at the above address. rules have already been delayed. In regulations in 40 CFR Part 51. Interested persons wanting to examine requiring states to submit these plans these documents should make an within 120 days of the NHSDA passage, List of Subjects in 40 CFR Part 52 appointment with the appropriate office and in allowing these states to submit Environmental protection, Air at least 24 hours before the visiting day. proposed regulations for this plan pollution control, Carbon Monoxide, FOR FURTHER INFORMATION CONTACT: (which can be finalized and submitted Hydrocarbons, Intergovernmental Scott P. Lee, at (303) 312–6736 or via e- to EPA during the interim period) it is relations, Nitrogen dioxide, Ozone. mail at [email protected]. clear that Congress intended for states to Authority: 42 U.S.C. 7401–7671q. While information may be requested via begin testing vehicles as soon as Dated: September 30, 1996. e-mail, comments must be submitted in practicable, now that the decentralized credit issue has been clarified and W. Michael McCabe, writing to the EPA Region VIII address above. directly addressed by the NHSDA. Regional Administrator, Region III. Submission criteria described under [FR Doc. 96–25894 Filed 10–9–96; 8:45 am] I. Background the NHSDA allows for a State to submit BILLING CODE 6560±50±P A. Impact of the National Highway proposed regulations for this interim System Designation Act on the Design program, provided that the State has all of the statutory authority necessary to 40 CFR Part 52 and Implementation of Inspection and Maintenance Programs Under the Clean carry out the program. Also, in [UT±NHA±01; FRL±5629±1] Air Act proposing the interim credits for this program, states are required to make Approval and Promulgation of Air The National Highway System good faith estimates regarding the Quality Implementation Plans; Utah: Designation Act of 1995 (NHSDA) performance of their I/M program. Since Vehicle Inspection and Maintenance establishes two key changes to the I/M these estimates are expected to be Program for Utah County rule requirements previously developed difficult to quantify, the state need only by EPA. Under the NHSDA, EPA cannot provide that the proposed credits AGENCY: Environmental Protection require states to adopt or implement claimed for the submission have a basis Agency (EPA). centralized, test-only IM240 enhanced in fact. A good faith estimate of a State’s ACTION: Proposed interim rule. vehicle inspection and maintenance program may be an estimate that is programs as a means of compliance with based on any of the following: the SUMMARY: EPA is proposing interim section 182, 184 or 187 of the CAA. Also approval of a State Implementation Plan performance of any previous I/M under the NHSDA, EPA cannot program; the results of remote sensing (SIP) revision submitted by the State of disapprove a State SIP revision, nor Utah. This revision establishes and or other roadside testing techniques; apply an automatic discount to a State fleet and vehicle miles traveled (VMT) requires the implementation of an SIP revision under section 182, 184 or improved inspection and maintenance profiles; demographic studies; or other 187 of the CAA, because the I/M evidence which has relevance to the (I/M) program in the Provo-Orem program in such plan revision is effectiveness or emissions reducing Metropolitan Statistical Area (Utah decentralized, or a test-and-repair capabilities of an I/M program. County) which claims ‘‘full credit’’ for program. Accordingly, the so-called This action is being taken under the a test-and-repair network. The intended ‘‘50% credit discount’’ that was authority of both the NHSDA and effect of this action is to propose interim established by the EPA’s I/M Program section 110 of the CAA. Section 348 of approval of an I/M program proposed by Requirements Final Rule, (published the NHSDA expressly directs EPA to the State, based upon the State/County’s November 5, 1992, and herein referred issue this interim approval. At that time, good faith estimate, which asserts that to as the I/M Rule) has been effectively the Conference Report on section 348 of the State/County’s network design replaced with a presumptive the NHSDA states that it is expected credits are appropriate and the revision equivalency criteria, which places the that the proposed credits claimed by the is otherwise in compliance with the emission reductions credits for State in its submittal, and the emissions Clean Air Act (CAA). This action is decentralized networks on par with reductions demonstrated through the being taken under section 348 of the credit assumptions for centralized program data may not match exactly. National Highway System Designation networks, based upon a state’s good Therefore, the Conference Report Act of 1995 (NHSDA) and section 110 faith estimate of reductions as provided suggests that EPA use the program data of the CAA. by the NHSDA and explained below in to appropriately adjust these credits on EPA proposes that the State/County’s this section. a program basis as demonstrated by the program must start no later than EPA’s I/M Rule established many program data. November 15, 1997. EPA also proposes other criteria for states unrelated to that if the State/County fails to start its network design or test type to use in B. Interim Approvals Under the NHSDA program as defined in this notice on this designing I/M programs. All other The NHSDA directs EPA to grant schedule, the approval granted under elements of the I/M Rule, and the interim approval for a period of 18 the provisions of the NHSDA will statutory requirements established in months to approvable I/M submittals convert to a disapproval after a finding the CAA continue to be required of under this Act. This Act also directs letter is sent to the State. those states submitting I/M SIP EPA and the states to review the interim DATES: Comments must be received on revisions under the NHSDA, and the program results at the end of 18 months, or before November 12, 1996. NHSDA specifically requires that these and to make a determination as to the ADDRESSES: Comments may be mailed to submittals must otherwise comply in all effectiveness of the interim program. Richard R. Long, Director, Air Programs, respects with the I/M Rule and the CAA. Following this demonstration, EPA will USEPA Region VIII (P2–A), 999 18th The NHSDA also requires states to adjust any credit claims made by the Street—Suite 500, Denver, Colorado swiftly develop, submit, and begin state in its good faith effort to reflect the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53181 emissions reductions actually measured of enabling legislation that allows Utah Emission Reduction Claim and Basis for by the state during the program County to implement the I/M program, the Claim evaluation period. proposed State/County regulations, a The State/County’s emissions The NHSDA is clear that the interim description of the I/M program reduction claims are based on modeling approval shall last for only 18 months, (including a modeling analysis and performed using EPA’s MOBILE5ah and that the program evaluation is due detailed description of program emission factor model, claiming ‘‘full’’ to EPA at the end of that period. features), and a good faith estimate that credit (no 50% discount) for a test-and- Therefore, EPA believes Congress includes the state’s basis in fact for repair program. The State/County bases intended for these programs to start up emission reductions claims for the its claim of ‘‘full credit’’ on past as soon as possible, which EPA believes program. The State/County’s credit performance as preliminarily should be on or before November 15, assumptions are based upon the demonstrated using the Analytical 1997, so that at least 6 months of removal of the 50% credit discount for Protocol Assessment of the Credit operational program data can be all portions of the program that are Discount(s) to the Test-and-Repair I/M collected to evaluate the interim based on a test-and-repair network, and Programs in Salt Lake, Davis, and Utah program. EPA believes that in setting the application of the State/County’s Counties (Utah Protocol), dated June 26, such a strict timetable for program estimate of the effectiveness of its 1995. This protocol was developed evaluations under the NHSDA, Congress decentralized test and repair program. jointly by EPA, Utah Division of Air recognized and attempted to mitigate Quality, and County I/M program staff. any further delay with the start-up of A. Analysis of the NHSDA Submittal Criteria Utah County claims 100% of the this program. technician training credit modeled For the purposes of this program, Transmittal Letter using the MOBILE5ah model, based on ‘‘start-up’’ is defined as a fully On March 15, 1996, Utah submitted its technician training program, the operational program which has begun an I/M SIP revision to EPA, requesting certification of I/M repair facilities, and regular, mandatory inspections and action under the NHSDA of 1995 and a repair effectiveness program. repairs, using the final test strategy and the CAA of 1990. The official submittal B. Analysis of the EPA I/M Regulation covering each of a state’s required areas. was made by the appropriate state and CAA Requirements EPA proposes that if the State/Utah official, Governor Michael O. Leavitt, County fails to start its program on this and was addressed to the appropriate As previously stated, the NHSDA left schedule, the approval granted under EPA official in the Region. those elements of the I/M Rule that do the provisions of the NHSDA will not pertain to the network design or test convert to a disapproval after a finding Enabling Legislation type intact. Based upon EPA’s review of letter is sent to the State. Utah’s enabling legislation, as Utah County’s submittal, EPA believes The program evaluation to be used by submitted, delegates authority for the the State/County has complied with all the State/Utah County during the 18 implementation of a motor vehicle aspects of the NHSDA as detailed above. month interim period must be inspection and maintenance program in Additionally, EPA believes the State/ acceptable to EPA. EPA anticipates that the Provo-Orem nonattaiment area to County has fulfilled the requirements of such a program evaluation process will Utah County pursuant to Section 41–6– the CAA and the I/M Rule as follows: be developed by the Environmental 163.6, Utah Annotated Code, 1953, as Applicability—40 CFR Part 51.350 Council of States (ECOS) group that is amended. convening now and that was organized The SIP needs to describe the for this purpose. In addition to this Proposed Regulations applicable areas in detail and, interim evaluation, EPA further On March 6, 1996, the State of Utah consistent with 40 CFR 51.372, needs to encourages the State/County to conduct proposed regulations in accordance include the legal authority or rules a longer term, ongoing evaluation of its with 40 CFR Part 51, establishing a necessary to establish program I/M program. revised I/M program following the Utah boundaries. Utah County’s I/M program, County Commission’s adoption of the as authorized by Sections 41–6–163.6 C. Process for Full Approvals of This County’s I/M Ordinance for public thru 41–6–163.7 of Utah Code Program Under the CAA hearing on February 28, 1996. The State Unannotated, is to be implemented Per the NHSDA requirements, this and County anticipate fully adopting county-wide in Utah County, as interim rulemaking will expire 18 regulations during the interim period. described in Utah State Implementation months after the final interim approval, Plan, Section X, Basic Automotive Program Description or on the date of final full approval. A Inspection and Maintenance (I/M). full approval of the State’s final I/M SIP Utah County’s program consists of a revision for Utah County (which will decentralized test-and-repair network Basic I/M Performance Standard—40 CFR Part 51.352 include the State/County’s program requiring two-speed idle testing of all evaluation and final adopted State/ vehicles registered in Utah County, The I/M program provided for in the County regulations) is still necessary excluding construction equipment, farm SIP is required to meet a performance under section 110 and under section vehicles and motorcycles; a technician standard for basic I/M for the pollutants 182, 184 or 187 of the CAA. After EPA training program; certified I/M repair that caused the affected area to come reviews the State’s submitted program stations; aggressive investigation of under I/M requirements. The evaluation, final rulemaking on the illegal registrations; recall of a performance standard sets an emission State’s SIP revision will occur. statistically significant number of reduction target that must be met by a vehicles that were repaired to ensure program in order for the SIP to be II. EPA’s Analysis of Utah’s Submittal repair effectiveness; tighter waiver approvable. The SIP must also provide On March 15, 1996, Governor Michael requirements; and a remote sensing that the program will meet the O. Leavitt submitted a revision to its program. Additionally, Utah County has performance standard in actual State Implementation Plan (SIP) for an implemented a diesel I/M program operation, with provisions for I/M program for Utah County to qualify which ensures all vehicles independent appropriate adjustments if the standard under the NHSDA. The revision consists of fuel type are tested. is not met. As part of this SIP revision, 53182 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules the State/County submitted a modeling duty trucks are required to be certified the required features, and written demonstration using the EPA computer annually. acceptance testing criteria and model, MOBILE 5ah, showing that the Vehicle Coverage—40 CFR Part 51.356 procedures. basic performance standard is exceeded The SIP needs to include a detailed The Utah I/M SIP commits to meeting for the affected Metropolitan Statistical the California BAR 90 accuracy Area (MSA). description of the number and types of vehicles to be covered by the program, standards at a minimum. The Utah SIP Network Type—40 CFR Part 51.353 and a plan for how those vehicles are to addresses the requirements in 40 CFR 51.358 and includes descriptions of The SIP needs to include a be identified, including vehicles that are performance features and functional description of the network to be routinely operated in the area, but employed, and the required legal which may not be registered in the area. characteristics of the UTAH91 authority. Utah has chosen to Also, the SIP needs to include a computerized test systems. The implement a decentralized, test-and- description of any special exemptions necessary test equipment, required repair I/M program which is comprised which will be granted by the program, features, and acceptance testing criteria of independently operated facilities. and an estimate of the percentage and are also contained in the SIP. The Utah County I/M program allows number of subject vehicles which will Quality Control—40 CFR Part 51.359 fleet self-testing programs with be impacted. Such exemptions need to oversight by County Health Department be accounted for in the emission The SIP needs to include a employees. Legal authority which is reduction analysis. In addition, the SIP description of quality control and record contained in Sections 41–6–163.6 thru needs to include the legal authority or keeping procedures. The SIP also needs 41–6–163.7, Utah Code Unannotated, rule necessary to implement and enforce to include the procedures manual, rule, authorizes the Counties to implement the vehicle coverage requirement. and ordinance or law describing and these programs. The County-run program’s vehicle establishing the quality control coverage includes all light-duty cars and procedures and requirements. The Utah Adequate Tools and Resources—40 CFR trucks, and heavy-duty gasoline Part 51.354 I/M SIP narrative contains descriptions powered trucks, registered or required and requirements establishing the The SIP needs to include a to be registered within the MSA and quality control procedures in description of the resources that will be fleets primarily operated within the I/M accordance with 40 CFR 51.359. These program areas, including government- used for program operation, which requirements will help ensure that owned and operated vehicles. Vehicles include: (1) A detailed budget plan equipment calibrations are properly are identified through the State of which describes the source of funds for performed and recorded, as well as Utah’s Tax Commission Division of personnel, program administration, maintaining compliance document program enforcement, purchase of Motor Vehicles (DMV) database. Vehicles exempted from the program security. Additional requirements are necessary equipment, and any other documented in the proposed Utah requirements discussed in 40 CFR include: motorcycles, farm trucks, and diesel vehicles. The latter are required County I/M Ordinance, which is part of 51.354; and (2) a description of the SIP. personnel resources, the number of to be inspected in County-run diesel I/ personnel dedicated to overt and covert M lanes. Waivers and Compliance Via Diagnostic auditing, data analysis, program Test Procedures and Standards—40 CFR Inspection—40 CFR Part 51.360 administration, enforcement, and other Part 51.357 necessary functions and the training The SIP needs to include a maximum The SIP needs to include a attendant to each function. waiver rate expressed as a percentage of description of each test procedure used. initially failed vehicles. This waiver rate The SIP narrative and County The SIP also needs to include the rule, Ordinance contained in the submittal needs to be used for estimating emission ordinance or law describing and reduction benefits in the modeling describe the budget, staffing support, establishing the test procedures. and equipment and resources dedicated analysis. Also, the State needs to take Utah’s I/M programs use EPA’s corrective action if the waiver rate to the program meeting the Preconditioned two-speed idle test as requirements of 40 CFR 51.354. exceeds that estimated in the SIP or specified in EPA-AA-TSA-I/M–90–3 revise the SIP and the emission March 1990, Technical Report, Test Frequency and Convenience—40 reductions claimed accordingly. In ‘‘Recommended I/M Short Test CFR Part 51.355 addition, the SIP needs to describe the Procedures for the 1990’s: Six waiver criteria and procedures, The SIP needs to describe the test Alternatives.’’ The UTAH91 Analyzer including cost limits, quality assurance schedule in detail, including the test calibration specifications and emissions methods and measures, and year selection scheme if testing is other test procedures meet the minimum than annual. Also, the SIP needs to standard established in Appendix A of administration. Lastly, the SIP shall include the legal authority necessary to 40 CFR Part 51 Subpart S. Test include the necessary legal authority, implement and enforce the test procedures are established in the ordinance, or rules to issue waivers, set frequency requirement and explain how proposed Utah County I/M Ordinance as and adjust cost limits as required, and the test frequency will be integrated incorporated in the SIP. carry out any other functions necessary with the enforcement process. to administer the waiver system, The Utah I/M program requires Test Equipment—40 CFR Part 51.358 including enforcement of the waiver annual inspections for all subject motor The SIP needs to include written provisions. The Utah I/M program vehicles. For new vehicles, the first test technical specifications for all test commits to a waiver rate of 1 percent or is required for re-registration two years equipment used in the program and less. Waiver procedures are after initial registration. In addition, all shall address each of the requirements incorporated into the SIP. Legal motor vehicles registered as in 40 CFR 51.358. The specifications authority for waivers is delegated to the government-owned vehicles, diesel need to describe the emission analysis County in section 41–6–163 Utah Code vehicles, and gasoline powered heavy- process, the necessary test equipment, Unannotated. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53183

Motorist Compliance Enforcement—40 program staff meet twice a month to station or inspector by locking out the CFR Part 51.361 ensure on-going high quality oversight UTAH91 analyzer(s). A station permit The SIP needs to provide information of a joint motorist compliance program. may be suspended or revoked even if the owner/operator had no direct concerning the enforcement process, Quality Assurance—40 CFR Part 51.363 knowledge of the violation. In the case including: (1) A description of the The SIP needs to include a existing compliance mechanism if it is of incompetence, re-training is required description of the quality assurance before a permit is restored. to be used in the future and the program, and written procedures demonstration that it is as effective or manuals covering both overt and covert Data Analysis and Reporting—40 CFR more effective than registration-denial performance audits, record audits, and Part 51.366 enforcement; (2) an identification of the equipment audits. This requirement The SIP needs to describe the types of agencies responsible for performing does not include materials or discussion data to be collected. The Utah I/M SIP each of the applicable activities in this of details of enforcement strategies that provides for the reporting of summary section; (3) a description of and would ultimately hamper the data based upon program activities accounting for all classes of exempt enforcement process. taking place in the previous year. The vehicles; and (4) a description of the The Utah I/M SIP includes a report will provide statistics for the plan for testing fleet vehicles, rental car description of its quality assurance testing program, the quality control fleets, leased vehicles, and any other program. The program includes program, the quality assurance program, special classes of subject vehicles, e.g. operation and progress reports and overt and the enforcement program. At a those operated in (but not necessarily and covert audits of emission inspectors minimum, Utah commits to address all registered in) the program area. Also, and emission inspections. Overt and of the data elements listed in 40 CFR the SIP needs to include a covert audits will be conducted by the 51.366. determination of the current compliance County I/M staff. Remote inspector rate based on a study of the system that audits will be performed by the County Inspector Training and Licensing or includes an estimate of compliance I/M personnel. Procedures and Certification—40 CFR Part 51.367 losses due to loopholes, counterfeiting, techniques for overt and covert The SIP needs to include a and unregistered vehicles. Estimates of performance, record keeping, and description of the training program, the the effect of closing such loopholes and equipment audits are given to auditors written and hands-on tests, and the otherwise improving the enforcement and updated as needed. Current auditor licensing or certification process. mechanism need to be supported with procedures are contained in the County The Utah I/M SIP provides for the detailed analyses. In addition, the SIP Ordinance Appendices. implementation of training, needs to include the legal authority to Enforcement Against Contractors, certification, and refresher programs for implement and enforce the program. emission inspectors. Training will Lastly, the SIP needs to include a Stations and Inspectors—40 CFR Part 51.364 include all elements required by commitment to an enforcement level to 51.367(a) of the EPA I/M rule. All be used for modeling purposes and to be The SIP needs to include the penalty inspectors will be required to be maintained, at a minimum, in practice. schedule and the legal authority for certified to inspect vehicles in the Utah The motorist compliance enforcement establishing and imposing penalties, I/M program. program will be implemented, in part, civil fines, license suspension, and by the Utah Tax Commission Division of revocations. In the case of state Improving Repair Effectiveness—40 CFR Motor Vehicles (DMV), which will take constitutional impediments to Part 51.369 the lead in ensuring that owners of all immediate suspension authority, the The SIP needs to include a subject vehicles are denied registration state Attorney General shall furnish an description of the technical assistance unless they provide valid proof of official opinion for the SIP explaining program to be implemented, a having received a certificate indicating the constitutional impediment, as well description of the procedures and they passed an emissions test or were as relevant case law. Also, the SIP needs criteria to be used in meeting the granted a compliance waiver. State and to describe the administrative and performance monitoring requirements of local police agencies have the authority judicial procedures and responsibilities this section for enhanced I/M programs, to cite motorists with expired relevant to the enforcement process, and a description of the repair registration tags. including which agencies, courts, and technician training resources available Current compliance rates are jurisdictions are involved; who will in the community. estimated at greater than 97 percent in prosecute and adjudicate cases; and The Utah SIP commits the program the County. The SIP commits to a level other aspects of the enforcement of the technical and supervisory staff to of motorist enforcement necessary to program requirements, the resources to continue to work with both motor ensure a compliance rate of no less than be allocated to this function, and the vehicle owners and the automotive 97 percent among subject vehicles. source of those funds. In states without service industry regarding vehicles immediate suspension authority, the SIP failing to meet the exhaust emission Motorist Compliance Enforcement needs to demonstrate that sufficient levels. These direct contacts are Program Oversight—40 CFR Part 51.362 resources, personnel, and systems are in normally either by telephone or person- The SIP needs to include a place to meet the three day case to-person. Customers with vehicles that description of enforcement program management requirement for violations present unusual testing problems or oversight and information management that directly affect emission reductions. situations will be referred to a County- activities. The SIP commits the State/ Utah County staff are responsible for run Technical Center for further testing County to periodically review the enforcement actions against and diagnostics. compliance rate of the Utah County I/M incompetent or dishonest stations and program to ensure the 97 percent inspectors. The County I/M ordinance III. Discussion for Rulemaking Action commitment is being met. The DMV, includes a penalty schedule. For repeat Today’s notice proposes interim Utah Division of Air Quality, Utah or serious offenses, auditors are approval of the Utah SIP revision for the highway patrol, and County I/M authorized to immediately suspend the Provo-Orem MSA motor vehicle I/M 53184 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules program. If the State/County does not comments to the EPA Regional office not impose any new requirements, I implement the interim program by listed in the ADDRESSES section of this certify that it does not have a significant November 15, 1997, EPA is proposing in notice. impact on small entities affected. this notice that the interim approval Moreover, due to the nature of the IV. Proposed Action will convert to a disapproval after a Federal-State relationship under the finding letter is sent to the state. EPA is proposing interim approval of Act, preparation of a regulatory the SIP revision submitted by the State flexibility analysis would constitute A. Explanation of the Interim Approval of Utah for the purpose of implementing Federal inquiry into the economic At the end of the 18 month interim an improved I/M program in Utah reasonableness of state action. The Act period, the approval status for this County. EPA has reviewed this revision forbids EPA to base its actions program will automatically lapse to the Utah SIP and is proposing interim concerning SIPs on such grounds. pursuant to the NHSDA. It is expected approval of the revision as submitted. Union Electric Co. v. U.S. E.P.A., 427 that the state will at that time be able The State’s I/M program revisions for U.S. 246, 256–66 (1976); 42 U.S.C. to make a demonstration of the Utah County meet requirements 7410(a)(2). program’s effectiveness using an pursuant to sections 182 and 187 of the appropriate evaluation criteria. As EPA Act and 40 CFR part 51, Subpart S and C. Unfunded Mandates expects that these programs will have section 348 of the NHSDA for interim Under section 202 of the Unfunded started no later than November 15, 1997, approval. Mandates Reform Act of 1995 in order for the State/County to collect Nothing in this action should be (‘‘Unfunded Mandates Act’’), signed at least 6 months of program data that construed as permitting or allowing or into law on March 22, 1995, EPA must can be used for the demonstration. If the establishing a precedent for any future prepare a budgetary impact statement to state fails to provide a demonstration of request for revision to any state accompany any proposed or final rule the program’s effectiveness to EPA implementation plan. Each request for that includes a Federal mandate that within 18 months of the final interim revision to the state implementation may result in estimated costs to State, rulemaking, the interim approval will plan shall be considered separately in local, or tribal governments in the lapse, and EPA will be forced to light of specific technical, economic, aggregate; or to the private sector, of disapprove the state’s permanent I/M and environmental factors and in $100 million or more. Under section SIP revision. If the state’s program relation to relevant statutory and 205, EPA must select the most cost- evaluation demonstrates a lesser amount regulatory requirements. effective and least burdensome of emission reductions actually realized V. Administrative Requirements alternative that achieves the objectives than were claimed in the state’s of the rule and is consistent with previous submittal, EPA will adjust the A. Executive Order 12866 statutory requirements. Section 203 state’s credits accordingly, and use this This action has been classified as a requires EPA to establish a plan for information to act on the state’s informing and advising any small permanent I/M program. Table 3 action for signature by the Regional Administrator under the governments that may be significantly B. Further Requirements for Permanent procedures published in the Federal or uniquely impacted by the rule. I/M SIP Approval Register on January 19, 1989 (54 FR EPA has determined that the approval At the end of the 18 month period, 2214–2225), as revised by a July 10, action proposed does not include a final approval of the state’s plan will be 1995 memorandum from Mary Nichols, Federal mandate that may result in granted based upon the following Assistant Administrator for Air and estimated costs of $100 million or more criteria: Radiation. The Office of Management to either State, local, or tribal 1. EPA’s review of the State’s program and Budget (OMB) has exempted this governments in the aggregate, or to the evaluation confirms that the appropriate regulatory action from E.O. 12866 private sector. This Federal action amount of program credit was claimed review. approves pre-existing requirements under State or local law, and imposes by the State and achieved with the B. Regulatory Flexibility Act interim program, no new Federal requirements. 2. Final State and County program Under the Regulatory Flexibility Act, Accordingly, no additional costs to regulations are submitted to EPA. 5 U.S.C. 600, et seq., EPA must prepare State, local, or tribal governments, or to a regulatory flexibility analysis the private sector, result from this C. EPA’s Evaluation of the Interim assessing the impact of any proposed or action. Submittal final rule on small entities. 5 U.S.C. 603 List of Subjects in 40 CFR Part 52 EPA’s review of this material and 604. Alternatively, EPA may certify indicates Utah has met the requirement that the rule will not have a significant Environmental protection, Air of the NHSDA, the CAA and the I/M economic impact on a substantial pollution control, Carbon monoxide, Rule. EPA is proposing interim approval number of small entities. Small entities Hydrocarbons, Incorporation by of the Utah SIP revision for the Utah include small businesses, small not-for- reference, Intergovernmental relations, County I/M program, which was profit enterprises, and government Nitrogen dioxide, Ozone, Reporting and submitted on March 15, 1996. EPA is entities with jurisdiction over recordkeeping requirements. soliciting public comments on the populations of less than 50,000. Authority: 42 U.S.C. 7401–7671q. issues discussed in this notice or on SIP approvals under section 110 and other relevant matters. These comments subchapter I, part D of the Act do not Dated: September 19, 1996. will be considered before taking final create any new requirements, but Patricia D. Hull, action. Interested parties may simply approve requirements that the Acting Regional Administrator, Region VIII. participate in the Federal rulemaking State is already imposing. Therefore, [FR Doc. 96–25982 Filed 10–9–96; 8:45 am] procedure by submitting written because the Federal SIP-approval does BILLING CODE 6560±50±P Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53185

DEPARTMENT OF ENERGY Recommendation 95–2, ‘‘Integrated integrated safety management. Safety Management.’’ The proposed Specifically, the proposed clause 48 CFR Parts 917, 950, 952 and 970 clause was developed and published requires documentation of the RIN 1991±AB±28 prior to the issuance of the DNFSB’s 95– contractor’s System for approval by 2 recommendation. DOE realizes that DOE. This establishes an agreement Acquisition Regulation; Department of the clause needs to incorporate the between the contractor and DOE on how Energy Management and Operating concepts of that recommendation and the contractor will ensure the protection Contracts the revised proposed clause is intended of the public, employees and the to reflect those concepts. Additional AGENCY: Department of Energy. environment as well as implement the information regarding the DNFSB’s Department’s Safety Management ACTION: Notice of limited reopening of recommendation is included with the System Policy (DOE P 450.4). the comment period. administrative record available in the Public Reading Room. The submission and approval of a SUMMARY: On June 24, 1996, the Three commenters requested the System would likely be done on a one- Department of Energy (DOE or Department describe the specific laws, time basis, assuming the contractor’s Department) published a notice of regulations, and directives applicable to System proves satisfactory in practice; proposed rulemaking (61 FR 32588) contractors in the ES&H clause. A however, the revised proposed clause (DOE-NOPR) to amend the Department separate clause, ‘‘970.5204–XX Laws, would require that the System provide of Energy Acquisition Regulation Regulations, and DOE Directives’’ for annual updates and mutual (DEAR) to incorporate certain contract (Directives clause) published in the agreement between the contractor and reform initiatives. Among the contract NOPR (61 FR 32603), would define the DOE regarding ES&H performance reform initiatives contained in the DOE- scope of requirements that are objectives, performance measures tied to NOPR was a proposal to amend 48 CFR applicable to DOE contractors. The rewards/penalties, and performance (DEAR) 970.5204–2, Environment, Directives clause outlines flexible commitments. Such commitments are Safety and Health. The purpose of this processes that could be used to notice is to publish additional proposed intended to highlight the contractor’s determine which DOE Directives are most significant ES&H vulnerabilities, changes to that clause and invite required and will be specifically comments on those revisions. specific work to be accomplished to referenced in the provisions of the address those vulnerabilities, as well as DATES: Written comments (1 copy) on ES&H clause. assure major obligations to external the revisions presented in this notice One commenter stated that the use of must be submitted by October 25, 1996. the terms ‘‘workers’’ and ‘‘employees’’ ES&H oversight and regulatory bodies are met within budget constraints. ADDRESSES: All comments are to be in the ES&H clause could cause submitted to Connie P. Fournier, Office confusion by implying two different sets Accordingly, the annual updates would of Policy (HR–51), Department of of personnel. The revised proposed identify the resources needed to Energy, 1000 Independence Avenue, clause would use only the term conduct work safely in terms of ES&H SW, Washington, D.C. 20585, (202) 586– ‘‘employees.’’ support and assure appropriate skill mix 8245; (202) 586–0545 (facsimile); Additional comments were received and numbers of personnel in the ES&H [email protected] (Internet). concerning the original proposed clause area. The administrative record regarding and will be addressed in the notice of The Department thanks the this rulemaking is on file for public final rulemaking. The revisions to the commenters for their participation in inspection and is located in the proposed clause contained in this this rulemaking already and urges Department’s Freedom of Information Notice include: (1) A change in the title interested members of the public to Reading Room, Room 1E–190, 1000 of the clause; (2) the addition of guiding comment on this revised approach. Independence Avenue, SW, principles for contractors to follow in Additional changes may be contained in the performance of work as outlined in Washington, DC 20585, (202) 586–6020. the final rule. FOR FURTHER INFORMATION CONTACT: the Department’s implementation plan Connie P. Fournier, Office of Policy dated April 18, 1996, for DNFSB Issued in Washington, D.C. on October 7, (HR–51), Department of Energy, 1000 recommendation 95–2; and (3) the 1996. Independence Avenue, SW, modification of the requirement for Richard H. Hopf, Washington, D.C. 20585, (202) 586– contractors to submit an ES&H Deputy Assistant Secretary for Procurement 8245. Management Plan to a requirement for and Assistance Management. submission of a Safety Management SUPPLEMENTARY INFORMATION: On June For the reasons set forth in the preamble, System (System). 24, 1996, DOE published a NOPR to Chapter 9 of Title 48 of the Code of Federal amend the Department of Energy (Note: ‘‘safety’’ includes environment, Regulations is proposed to be amended as set Acquisition Regulation (DEAR) to safety and health.) forth below: incorporate certain contract reform The submission of a System will not initiatives. Among the Department-wide conflict with, or create a greater burden PART 970ÐDOE MANAGEMENT AND contract reform initiatives contained in than, the submission of the ES&H OPERATING CONTRACTS the DOE-NOPR was a proposal to amend Management Plan described in the 48 CFR (DEAR) 970.5204–2, ES&H clause published in the NOPR. 1. The authority citation for Part 970 Environment, Safety and Health (ES&H). Instead, it will simply provide a broader continues to read as follows: The Department is revising its proposal context within which the Department Authority: Sec. 161 of the Atomic Energy to amend that clause in this notice. can fulfill its commitments to the Act of 1954 (42 U.S.C. 2201) sec. 644 of the One commenter on the ES&H clause DNFSB. Department of Energy Organization Act, published in the NOPR pointed out that The revised proposed ES&H clause is Public Law 95–91 (42 U.S.C. 7254). the proposed ES&H clause should be intended to expand and modify the consistent with the Defense Nuclear original language to assure contractors 2. Subsection 970.5204–2 revised to Facilities Safety Board (DNFSB) understand DOE expectations regarding read as follows: 53186 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules

970.5204±2 Integration of Environment, of the System shall describe how the contractor shall not be entitled to an Safety and Health into Work Planning and contractor will: extension of time or additional fee or Execution. (1) Define the scope of work. damages by reason of, or in connection with, As prescribed in 48 CFR (DEAR) (2) Identify and analyze hazards associated any work stoppage ordered in accordance 970.2303–2(a), insert the following with the work. with this clause. (3) Develop and implement hazard (g) The contractor shall provide in its clause. controls. purchasing system, required under the clause Integration of Environment, Safety and (4) Perform work within controls, and of this contract entitled, Contractor Health into Work Planning and Execution (5) Provide feedback on adequacy of Purchasing System, policies, practices, and controls and continue to improve safety procedures for the flowdown of requirements (Month and Year TBE) management. of this clause, as appropriate, to subcontract (a) In performing work under this contract, (c) The System shall describe how the performance of work on-site at a DOE-owned the contractor shall perform work safely, in contractor will establish, document, and or-leased facility. Such subcontracts shall a manner that ensures adequate protection implement safety performance objectives, require the submittal of a documented for employees, the public, and the performance measures, and commitments in description of the subcontractor’s Safety environment, and shall be accountable for response to DOE program and budget Management System to the contractor for the safe performance of work. Employees execution guidance while maintaining the review and approval. Dates for initial include subcontractor employees. In integrity of the System. The System shall also submittal, discussions, and revisions to the accomplishment of this requirement, the describe how the contractor will measure subcontractor’s System will be established by contractor shall implement programs to system effectiveness. the contractor. Guidance on the preparation, prevent accidents, releases, and exposures. (d) The contractor shall comply with, and content, review, and approval of the The contractor shall ensure that management assist the Department of Energy in complying subcontractor’s System will be provided by of environment, safety and health (ES&H) with (where identified by the Department), the contractor. Such subcontracts shall functions and activities becomes an integral (i) All applicable Federal and non-Federal provide for the right to stop work under the and discernible part of the contractor’s work ES&H laws, regulations, and conditions described in paragraph (f) of this planning and execution processes. The (ii) Applicable directives identified in the clause. contractor shall, in the performance of work, clause of this contract on Laws, Regulations, (h) The contractor shall be responsible for ensure that: and DOE Directives. The contractor shall compliance with the ES&H requirements (1) Line management is responsible for the cooperate with Federal and non-Federal applicable to this contract regardless of the protection of employees, the public, and the agencies having jurisdiction over ES&H performer of the work. environment. Line management includes matters under this contract. (i) For the purposes of this clause, safety those contractor and subcontractor (e) The contractor shall submit to the encompasses environment, safety and health, employees managing or supervising contracting officer documentation of its including pollution prevention and waste employees performing work. System for review and approval. Dates for minimization. (2) Clear and unambiguous lines of submittal, discussions, and revisions to the [FR Doc. 96–26083 Filed 10–9–96; 8:45 am] authority and responsibility for ensuring System will be established by the contracting ES&H are established and maintained at all officer. Guidance on the preparation, content, BILLING CODE 6450±01±P organizational levels. review, and approval of the System (3) Personnel possess the experience, addressing all aspects of ES&H is provided in knowledge, skills, and abilities that are DOE Guide G 450.4, ‘‘Integrated Safety DEPARTMENT OF THE INTERIOR necessary to discharge their responsibilities. Management,’’ and successor documents. (4) Resources are effectively allocated to Additional guidance regarding the System Fish and Wildlife Service address ES&H, programmatic, and may be provided by the contracting officer. operational considerations. Protecting On an annual basis, the contractor shall 50 CFR Part 17 employees, the public, and the environment review and update, for DOE approval, its is a priority whenever activities are planned safety performance objectives, performance RIN 1018± and performed. measures, and commitments consistent with (5) Before work is performed, the and in response to DOE’s program and Endangered and Threatened Wildlife associated hazards are evaluated and an budget execution guidance and direction. and Plants; Reopening of Comment agreed-upon set of ES&H standards and Resources shall be identified and allocated to Period on Proposed Endangered requirements are established which, if meet the safety objectives and performance Status in Arizona and Threatened properly implemented, provide adequate commitments as well as maintain the Status in Texas for the Cactus assurance that employees, the public, and the integrity of the entire System. Accordingly, Ferruginous Pygmy-Owl environment are protected from adverse the System shall be integrated with the consequences. contractor’s business processes for work AGENCY: Fish and Wildlife Service, (6) Administrative and engineering planning, budgeting, authorization, Interior. controls to prevent and mitigate hazards are execution, and change control. ACTION: Proposed rule; notice of tailored to the work being performed and (f) The contractor shall promptly evaluate reopening of comment period. associated hazards. Emphasis should be on and resolve any noncompliance with designing the work and/or controls to reduce applicable ES&H requirements and the SUMMARY: The U.S. Fish and Wildlife or eliminate the hazards. System. If the contractor fails to provide Service (Service) gives notice that the (7) The conditions and requirements to be resolution or if, at any time, the contractor’s satisfied for operations to be initiated and acts or failure to act causes substantial harm comment period will be reopened on conducted are clearly established and agreed- or an imminent danger to the environment or the proposed rule to list the cactus upon. The extent of documentation and level health and safety of employees or the public, ferruginous pygmy-owl (Glaucidium of authority for agreement shall be tailored to the contracting officer may issue an order brasilianum cactorum) as an the complexity and hazards associated with stopping work in whole or in part. Any stop endangered species in Arizona with the work and shall be established in the work order issued under this clause critical habitat and as threatened in Safety Management System (System). (including a stop work order issued by the Texas. The reopening of the comment (b) The contractor shall manage and contractor to a subcontractor in accordance period will allow all interested parties perform work in accordance with a with paragraph (g) of this clause) shall be to submit written comments on the documented System that fulfills all without prejudice to any other legal or conditions in paragraph (a) of this clause at contractual rights of the Government. proposal. a minimum. The contractor shall exercise a Thereafter, an order authorizing the DATES: The comment period for this degree of care commensurate with the work resumption of the work may be issued at the proposal will be reopened on October and the associated hazards. Documentation discretion of the contracting officer. The 10, 1996 and will close on November Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53187

12, 1996. Comments must be received desert scrub. The cactus ferruginous finalize the listing determination for the by the closing date. Any comments that pygmy-owl is threatened to varying cactus ferruginous pygmy-owl. are received after the closing date may degrees across its range by loss and The comment period on the proposal not be considered in the final decision modification of habitat, lack of adequate was originally opened December 12, on the proposal. protective regulations, and other factors. 1994, through April 11, 1995, and was ADDRESSES: Written comments should A proposed rule to list this species as reopened May 1, through May 30, 1995. be sent to the Supervisor, U.S. Fish and endangered with critical habitat in Public hearings were held in Tucson, Wildlife Service, Ecological Services Arizona and as threatened in Texas was Arizona, on May 8, 1995, and Weslaco, Field Office, 2321 W. Royal Palm Road, published in the Federal Register (59 Texas, on May 10, 1995. Legal notices Suite 103, Phoenix, Arizona 85021– FR 63975) on December 12, 1994. The announcing this comment period 4951. Comments and materials received proposed rule includes additional reopening will be published in will be available for public inspection, information on the species, its habitat newspapers concurrently with the by appointment, during normal business requirements, and causes of decline. Federal Register notice. Written hours at the above Service address. Pursuant to 50 CFR 424.16(c)(2), the comments must be submitted on or FOR FURTHER INFORMATION CONTACT: Service may extend or reopen a before November 12, 1996 to the Service Mary Richardson, Phoenix Ecological comment period upon finding that there office in the ADDRESSES section. Services Field Office (see ADDRESSES is good cause to do so. Full participation Author section) (telephone 602/640–2720; of the affected public in the species The primary author of this notice is facsimile 602/640–2730). listing process and allowing the Service Jeffrey A. Humphrey (see ADDRESSES to consider the best scientific and SUPPLEMENTARY INFORMATION: section). commercial data available in making a Background final determination on the proposed Authority The breeding range of the cactus action, are deemed as sufficient cause. The authority for this action is 16 ferruginous pygmy-owl extends from This comment period is being reopened U.S.C. 1531–1544. south-central Arizona south through to allow for the identification and western Mexico, and from southern consideration of data that may have Dated: October 4, 1996. Texas south through northeastern been collected since the passage of Lynn B. Starnes, Mexico. Within these regions, the Public Law 104–6 and the resulting Acting Regional Director, Southwest Region, species occurs in riverbottom moratorium on final listings of Fish and Wildlife Service. woodlands, coastal plain oak endangered or threatened wildlife and [FR Doc. 96–26044 Filed 10–9–96; 8:45 am] associations, thornscrub, and Sonoran plants which suspended efforts to BILLING CODE 4310±55±P 53188

Notices Federal Register Vol. 61, No. 198

Thursday, October 10, 1996

This section of the FEDERAL REGISTER • Agricultural Marketing Service Forest Service contains documents other than rules or proposed rules that are applicable to the Title: Oranges and Grapefruits Grown Revised Forest Legacy Program public. Notices of hearings and investigations, in the Lower Rio Grande Valley in Guidelines committee meetings, agency decisions and Texas, Marketing No. 906. rulings, delegations of authority, filing of AGENCY: Forest Service, USDA. Summary: The market order sets petitions and applications and agency ACTION: Notice of availability. statements of organization and functions are provisions regulating the handling of examples of documents appearing in this oranges and grapefruits grown in the SUMMARY: The Cooperative Forestry section. lower Rio Grande Valley in Texas. Assistance Act of 1978 (CFAA) Information is collected on production, authorizes a Forest Legacy Program, the handling and disposition of the crop. purpose of which is to identify and DEPARTMENT OF AGRICULTURE Need and Use of the Information: The protect environmentally important information is used to develop a Submission for OMB Review; private forest lands that may be marketing policy each year, to Comment Request threatened by conversion to non-forest recommend seasonal quality uses. The Federal Agricultural October 4, 1996. regulations, to determine handler Improvement and Reform Act of 1996 The Department of Agriculture has compliance, and to prepare annual amended the CFAA to provide for submitted the following information reports. optional grants for States to carry out collection requirement(s) to OMB for Description of Respondents: Business the program. The States may request a review and clearance under the or other for-profit; Farms. grant to conduct acquisition procedures and purchase lands and interests in Paperwork Reduction Act of 1995, Number of Respondents: 428. Public Law 104–13. Comments lands in Forest Legacy Areas. Title may regarding these information collections Frequency of Responses: vest in the State or a unit of State or are best assured of having their full Recordkeeping; Reporting: On occasion; local government. Other procedures for effect if received within 30 days of this Weekly; Annually. the Forest Legacy Program essentially notification. Comments should be Total Burden Hours: 345. remain the same as described in the addressed to: Desk Officer for Emergency Processing of This Forest Legacy Program Guidelines dated Agriculture, Office of Information and Submission Has Been Requested by June 4, 1992. The Forest Service hereby Regulatory Affairs, Office of October 11, 1996. gives notice of the availability of revised guidelines for implementing the Management and Budget (OMB), • Washington, DC 20503 and to National Agricultural Statistics revisions to the Forest Legacy Program Department Clearance Officer, USDA, Service in fiscal year 1996 and beyond. DATES: OCIO, Mail Stop 7602, Washington, DC Title: Agricultural Resources The guidelines apply to the 20250–7630. Copies of the Management Study and Chemical Use remainder of fiscal year 1996 as well as submission(s) may be obtained by Survey. to fiscal year 1997 and subsequent calling (202) 720–6204 or (202) 720– programs. Summary: Information is collected on 6746. ADDRESSES: Copies of the revised farm production expenditures for guidelines for implementing the Forest • Agricultural Marketing Service selected crop and livestock commodities Legacy Program are available by as well as chemical use. Title: Sweet Onions Grown in the contacting the Director, Cooperative Walla Walla Valley of Southeast Need and Use of the Information: The Forestry Staff, Forest Service, USDA, Washington and Northeast Oregon, information will be used to: assess the P.O. Box 96090, Washington, D.C. Marketing Order No. 956. economic implications of various 20090–6090; via FAX at (202) 205–1271; Summary: The market order sets programs and policies as they relate to via INTERNET at /s=cf/oul=w01c@mhs- provisions regulating the handling of water quality/food safety and the impact fswa.attmail.com, or by calling (202) Walla Walla sweet onions. Handlers on agricultural procedures and 205–1190. provide information on shipments of consumers; and to provide data to FOR FURTHER INFORMATION CONTACT: For onions. compute Parity Prices which are based information contact Ted Beauvais, Need and Use of the Information: The on the Index of Prices Paid by Farmers Cooperative Forestry, (202) 205–1190 or purpose is to provide orderly marketing and Index of Prices Received by by writing, faxing, or sending an E-Mail conditions in interstate commerce and Farmers. message to the addresses listed in the to improve returns to growers. The Description of Respondents: Farms. preceding section. information provides a mechanism to Number of Respondents: 76,462. SUPPLEMENTARY INFORMATION: The collect assessments. Frequency of Responses: Reporting: Cooperative Forestry Assistance Act was Description of Respondents: Business On occasion; Annually. amended by Section 1217 of Title XII of or other for-profit; Farms. the Food, Agriculture, Conservation and Number of Respondents: 82. Total Burden Hours: 32,764. Trade Act of 1990 (16 U.S.C. 2101 et Frequency of Responses: Larry Roberson, seq.) and the Federal Agricultural Recordkeeping; Reporting: On occasion; Deputy Departmental Clearance Officer. Improvement and Reform Act of 1996 (7 Annually. [FR Doc. 96–26079 Filed 10–9–96; 8:45 am] U.S.C. 7201) to authorize the Secretary Total Burden Hours: 25. BILLING CODE 3410±01±M of Agriculture to provide a Federal grant Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53189 to a State for carrying out the Forest of Need/identification of Forest Legacy 3. Comment: One respondent sought Legacy Program. The purpose of the Areas (1 percent), land trust greater participation in the program by Federal grant is to provide funding to participation (2 percent), National American Indian Tribes. States electing this option to help in the Environmental Policy Act (2 percent), Response: The final guidelines acquisition of environmentally the Forest Stewardship Program (2 encourage collaboration between Indian important private lands and interests in percent), eligibility criteria (1 percent), Tribes and States to consider tribal lands with title vested in the State or a cooperative agreements (1 percent), and lands and reservations for designation unit of State or local government. Under conversion/disposition of Forest Legacy as, or inclusion within, Forest Legacy section 6 of the Act of March 1, 1911, tracts (3 percent). Areas during the Assessment of Need (16 U.S.C. 515), and section 11(a) of the All comments were fully considered planning process. Department of Agriculture Organic Act and the agency adopted a number of 4. Comment: Several respondents of 1956 (7 U.S.C. 428(a)), the Secretary changes in the final guidelines in wanted clarification of the Federal of Agriculture continues to have response to comments received. acquisition process and when it would authority to acquire, from willing Summarized comments and the apply. landowners, environmentally important agency’s response follow: Response: A definition of Federal forest lands and interests therein for 1. Comment: Several respondents felt acquisition procedures, as they relate to Federal acquisition, including the fund allocation process was unclear, the Forest Legacy Program, were added conservation easements and rights of that funds should not remain at the in Section II of Part 1. public access, with title vested in the Forest Service’s Washington Office, and Summary U.S. Government. that a more predictable process should The revised Forest Legacy Program be established. The Forest Legacy Program guidelines are divided into three parts: Response: Section VIII of Part 1 was Guidelines are used to implement the Part 1—General Program Guidelines: rewritten to improve clarity. Funds will Forest Legacy Program. The Revised Program direction applicable to all remain at the Washington Office until Forest Legacy Program Guidelines were aspects of the Forest Legacy Program. the participating Forest Service field mailed to interested parties, Forest Part 2—Federal Acquisition Program units consult with active States and Service field offices, and State Foresters. Guidelines: Program direction develop recommendations regarding: Dated: October 1, 1996. applicable to States and Forest Service base level funding (at least 50 percent of Mark A. Reimers, units selecting the Federal acquisition the project funds); the portion of project and ownership process, where Acting Chief. funds distributed based on ownership of lands or interests in lands [FR Doc. 96–26038 Filed 10–9–96; 8:45 am] considerations, such as equity among is vested in the United States. BILLING CODE 3410±11±P Part 3—State Grant Program States, forested areas in greatest need of Guidelines: This is the new part which protection, and lands that can be provides program direction applicable effectively protected and managed; and DEPARTMENT OF COMMERCE to States and Forest Service units where to which Forest Service field unit the the State has elected the new State grant funds should be allocated. Bureau of Export Administration option and title in lands or interests in All funds are allocated from the lands is vested in the State or a unit of Washington Office to Forest Service Submission for OMB Review; State or local government. field units. These units can award grants Comment Request to States or transfer funds to Forest DOC has submitted to the Office of Summary of Comments Received Service field subunits for Forest Legacy Management and Budget (OMB) for Program implementation. A minimum The agency received 32 replies clearance the following proposal for of 50 percent of project funds are to be containing over 170 comments in collection of information under the distributed in equal shares among all response to a Notice of Availability of provisions of the Paperwork Reduction participating States. To allow for the Forest Legacy Program Guidelines Act of 1995, Public Law 104–13. maximum flexibility, Forest Service changes published in the Federal Agency: Bureau of Export field units consult with States to Register May 21, 1996, (61 FR 25478) Administration. and to letters notifying over 300 determine where the other project funds Title: Offsets in Military Exports. interested parties. Fourteen responses should be allocated. Agency Number: None. were received from State government 2. Comment: Several respondents OMB Control Number: 0694–0084. lead agencies. Three responses were raised questions about the grant process Type of Request: Extension of a received from land trust organizations. and allowable cost-sharing and currently approved collection. The rest of the responses were from requested flexibility in the use of funds Burden: 1,000 hours. conservation organizations, university/ and cost-share matching. Number of Respondents: 100. extension organizations, citizens, Response: The guidelines to the States Avg. Hours Per Response: 10. legislative offices, Indian Tribes, and in Section I of Part 3 provide the Needs and Uses: The Defense industry. maximum flexibility possible consistent Production Act Amendments of 1992 Of the 170 comments, 25 percent with grant law and practice. Grants may requires U.S. firms to furnish focused on funding, 12 percent on extend for up to 5 years, but the funds information regarding ‘‘offset’’ grants administration, 8 percent on cost- must be used during the first 2 years to agreements exceeding $5,000,000 in sharing, 8 percent on State program ensure that appropriated funds are used value associated with the sales of administration, 7 percent on Federal in a timely fashion. The remaining grant weapon systems or defense-related program administration, 7 percent on period may be used to accumulate cost- items to foreign countries. The the acquisition process, 5 percent on share matching contributions from non- information collected is used to assess public involvement, 5 percent on Federal partners. Also in response to the cumulative effect of offset conservation easements, and 11 percent comments, the agency added a compensation practices of U.S. trade were of a general nature. In addition, definition of eligible cost-sharing and and competitiveness, as required by the other comments related to Assessment the specific requirements for donations. statute. 53190 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Affected Public: Businesses or other (LTFV), as provided in section 733 of meaning of section 733(c)(1)(B)(i) of the for-profit organizations. the Act. The estimated margins are Act. Frequency: Annually. shown in the ‘‘Suspension of On June 7, 1996, we received a fax Respondent’s Obligation: Mandatory. Liquidation’’ section of this notice. from Zheijiang Asia-Pacific Machine & OMB Desk Officer: Victoria Baecher- Electric Group Co., stating that it did not Wassmer, (202) 395–7340. Case History export brake rotors or brake drums to Copies of the above information Since the initiation of these the United States during the period of collection proposal can be obtained by investigations (61 FR 14740, April 3, these investigations. calling or writing Linda Engelmeier, 1996), the following events have On July 15, 1996, the Department Acting DOC Forms Clearance Officer, occurred: requested that interested parties provide (202) 482–3272, Department of On April 4, 1996, the Department sent published information (PI) for valuing Commerce, Room 5327, 14th and a survey to the PRC’s Ministry of the factors of production and for Constitution Avenue, N.W., Foreign Trade and Economic surrogate country selection. We received Washington, D.C. 20230. Cooperation (MOFTEC) and to the comments from the interested parties in Written comments and China Chamber of Commerce for Import August 1996. recommendations for the proposed & Export of Machinery & Electronics After receiving complete information collection should be sent to Products (China Chamber) requesting questionnaire responses from the 18 Victoria Baecher-Wassmer, OMB Desk the identification of producers and PRC companies, we determined that, Officer, Room 10202, New Executive exporters, and information on due to limited resources, we would only Office Building, Washington, D.C. production and sales of brake drums be able to analyze the responses of the 20503. and brake rotors exported to the United seven largest brake rotor PRC exporters States. We received a facsimile from the and the five largest brake drum PRC Dated: October 3, 1996. exporters to the United States (a total of Linda Engelmeier, China Chamber identifying three brake drum exporters and six brake rotor 10 PRC companies, two of which export Acting Departmental Forms Clearance both brake drums and brake rotors). (See Officer, Office of Management and exporters to the United States on April 25, 1996. Respondent Selection section below.) Organization. In July and August, we issued [FR Doc. 96–26027 Filed 10–9–96; 8:45 am] On April 29, 1996, the United States supplemental questionnaires to the 10 International Trade Commission (ITC) BILLING CODE 3510±DT±P selected respondents only. We received issued affirmative preliminary injury responses to these questionnaires during determinations in these cases (see ITC August and September 1996. On International Trade Administration Investigation No. 731–TA–744). The ITC September 18, 1996, less than 20 days found that there is a reasonable [A±570±845, A±570±846] before the preliminary determinations, indication that an industry in the the petitioner alleged that critical Notice of Preliminary Determinations United States is threatened with circumstances exist with respect to of Sales at Less Than Fair Value and material injury by reason of imports imports of brake drums and brake rotors Postponement of Final Determinations: from the PRC of brake drums, and that from the PRC. The Department will Brake Drums and Brake Rotors From there is a reasonable indication that an make its determination as to whether it the People's Republic of China industry is materially injured by reason finds critical circumstances not later of imports from the PRC of brake rotors. than 30 days after the date of the AGENCY: Import Administration, The Department issued antidumping petitioner’s submission in accordance 1 International Trade Administration, questionnaires to the China Chamber with section 353.16(b)(2)(ii). Department of Commerce and MOFTEC, on May 8, 1996, with Also, on September 13, the petitioner EFFECTIVE DATE: October 10, 1996. instructions to forward the document to submitted additional PI which we were FOR FURTHER INFORMATION CONTACT: all producers/exporters of brake drums not able to consider for the preliminary Brian C. Smith or Michelle A. Frederick, and brake rotors and to inform these determinations. However, we will Import Administration, International companies that they must respond by consider this information for the final Trade Administration, U.S. Department the due dates. We also sent courtesy determinations. of Commerce, 14th Street and copies of the antidumping duty On September 18, 1996, counsel for Constitution Avenue, N.W., questionnaire to all identified Shenyang/Laizhou submitted additional Washington, D.C. 20230; telephone: companies. In May, June, and July, comments on PI. We have considered (202) 482–1766 or (202) 482–0186, 1996, 18 PRC companies submitted their Shenyang/Laizhou’s submission, and respectively. section A, C, and D responses. we have rejected the claims made On June 1, 1996, we postponed both therein for these preliminary The Applicable Statute preliminary determinations until not determinations. Unless otherwise indicated, all later than October 3, 1996 (61 FR 29073, On September 20, 1996, counsel for citations to the statute are references to June 7, 1996) because we determined Southwest Technical Import & Export the provisions effective January 1, 1995, these investigations to be Corporation (Southwest) submitted the effective date of the amendments extraordinarily complicated within the revised sales and factors of production made to the Tariff Act of 1930 (the Act) databases, explaining that the only by the Uruguay Rounds Agreements Act 1 The questionnaire is divided into four sections. change to it’s previous databases was (URAA). Section A requests general information concerning what it had reported as a factor amount a company’s corporate structure and business for plastic tarpaulins. For these Preliminary Determinations practices, the merchandise under investigation that it sells, and the sales of the merchandise in all of preliminary determinations, we have We determine preliminarily that brake its markets. Sections B and C request home market incorporated the most recently drums and brake rotors from the sales listings and U.S. sales listings, respectively submitted factor information Southwest (section B does not normally apply in antidumping People’s Republic of China (PRC) are proceedings involving the PRC). Section D requests reported for plastic tarpaulins into our being, or are likely to be, sold in the information on the factors of production of the analysis but we have not used the United States at less than fair value subject merchandise. databases Southwest most recently Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53191 submitted due to time constraints. We composite brake drums that are made of FR 22585 (May 2, 1994) (Silicon will consider using these databases in gray cast iron, which contain a steel Carbide) and Final Determination of our final determinations. plate, but otherwise meet the above Sales at Less Than Fair Value: Furfuryl On September 30, 1996, we requested criteria. Alcohol from the People’s Republic of shipment data from the respondents in Brake drums are classifiable under China, 60 FR 22545 (May 8, 1995) order to examine the petitioner’s critical subheading 8708.39.5010 of the (Furfuryl Alcohol)). Neither respondents circumstances allegation. Harmonized Tariff Schedule of the nor petitioners have challenged such United States (HTSUS). Although the Postponement of Final Determinations treatment. Therefore, in accordance HTSUS subheading is provided for with section 771(18)(C) of the Act, we From September 13 through 16, 1996, convenience and Customs purposes, our will continue to treat the PRC as an all participating respondents requested written description of the scope of this NME in these investigations. that, pursuant to section 735(a)(2)(A) of investigation is dispositive. When the Department is investigating the Act, in the event of affirmative Brake Rotors imports from an NME, section 773(c)(1) preliminary determinations in these of the Act directs us to base normal investigations, the Department postpone Brake rotors are made of gray cast value (NV) on the NME producers’ its final determinations until not later iron, whether finished, semifinished, or factors of production, valued, to the than 135 days after the publication of unfinished, ranging in diameter from 8 extent possible, in a comparable market the affirmative preliminary to 16 inches (20.32 to 40.64 centimeters) economy that is a significant producer determinations in the Federal Register. and in weight from 8 to 45 pounds (3.63 of comparable merchandise. The In accordance with 19 CFR 353.20(b), to 20.41 kilograms). The size parameters sources of individual factor prices are because our preliminary determinations (weight and dimension) of the brake discussed under the NV section below. are affirmative, these respondents rotors limit their use to the following account for a significant proportion of types of motor vehicles: automobiles, Surrogate Country exports of brake drums and brake rotors, all-terrain vehicles, vans and The Department has determined that and we are not aware of the existence recreational vehicles under ‘‘one ton India, Nigeria, Pakistan, Sri Lanka, of any compelling reasons for denying and a half,’’ and light trucks designated Egypt and Indonesia are countries the request, we are granting as ‘‘one ton and a half.’’ comparable to the PRC in terms of Finished brake rotors are those that respondents’ request and are postponing overall economic development (see are ready for sale and installation the final determinations until 135 days Memorandum from David Mueller to without any further operations. Semi- after the publication of this notice in the Gary Taverman, dated May 21, 1996). Federal Register. finished rotors are those on which the surface is not entirely smooth, and has According to the available Scope of the Investigations undergone some drilling. Unfinished information on the record, we have The products covered by these two rotors are those which have undergone determined that India is a significant investigations are (1) certain brake some grinding or turning. producer of comparable merchandise. drums and (2) certain brake rotors. These brake rotors are for motor Accordingly, we have calculated NV using Indian prices to value the PRC Brake Drums vehicles, and do not contain in the casting a logo of an original equipment producers’ factors of production, when Brake drums are made of gray cast manufacturer (OEM) which produces available and where appropriate. We iron, whether finished, semifinished, or vehicles sold in the United States (e.g., have obtained and relied upon PI unfinished, ranging in diameter from 8 General Motors, Ford, Chrysler, Honda, wherever possible. In cases where we to 16 inches (20.32 to 40.64 centimeters) Toyota, Volvo). Brake rotors covered in have not used Indian data because they and in weight from 8 to 45 pounds (3.63 this investigation are not certified by involved prices considered aberrational, to 20.41 kilograms). The size parameters OEM producers of vehicles sold in the we have used Indonesian import prices (weight and dimension) of the brake United States. The scope also includes as surrogate values. drums limit their use to the following composite brake rotors that are made of Respondent Selection types of motor vehicles: automobiles, gray cast iron, which contain a steel all-terrain vehicles, vans and plate, but otherwise meet the above In NME cases, we presume a single recreational vehicles under ‘‘one ton criteria. rate is applicable to all exporters and we and a half,’’ and light trucks designated Brake rotors are classifiable under attempt to examine the sales of all as ‘‘one ton and a half.’’ subheading 8708.39.5010 of the HTSUS. exporters during the POI. We sent a Finished brake drums are those that Although the HTSUS subheading is survey to MOFTEC and the China are ready for sale and installation provided for convenience and Customs Chamber to determine the identity of without any further operations. Semi- purposes, our written description of the producers and exporters of brake drums finished drums are those on which the scope of this investigation is dispositive. and brake rotors. We sent the surface is not entirely smooth, and has antidumping questionnaire to MOFTEC undergone some drilling. Unfinished Periods of Investigations and to the China Chamber with a list of drums are those which have undergone The periods of these investigations the names of possible exporters and/or some grinding or turning. (POI) comprise each exporter’s two most producers of the brake rotors and brake These brake drums are for motor recent fiscal quarters prior to the filing drums. We also sent courtesy copies to vehicles, and do not contain in the of the petition. the named exporters and producers. The casting a logo of an original equipment following PRC companies submitted full manufacturer (OEM) which produces Nonmarket Economy Country Status questionnaire responses in a timely vehicles sold in the United States (e.g., The Department has treated the PRC manner: General Motors, Ford, Chrysler, Honda, as a nonmarket economy country (NME) China North Industries Dalian Corporation Toyota, Volvo). Brake drums covered in in all past antidumping investigations China National Automotive Industry Import this investigation are not certified by (see, e.g., Final Determination of Sales & Export Corp. and its affiliates Shandong OEM producers of vehicles sold in the at Less Than Fair Value: Silicon Carbide Laizhou CAPCO Industry Corporation and United States. The scope also includes from the People’s Republic of China, 59 CAPCO USA 53192 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Shenyang Honbase Machinery Corporation, (Shenyang); (4) Guangzhou Norinco; (5) economy cases only if respondents can Ltd. Southwest; (6) China National demonstrate the absence of both de jure Yantai Import & Export Corporation Machinery & Equipment Import & and de facto governmental control over China North Industries Guangzhou Export (Xinjiang) Corporation, Ltd., export activities. Corporation (a.k.a. Xinjiang); and (7) Yantai. Southwest Technical Import & Export On July 23, 1996, counsel for 1. Absence of De Jure Control Corporation and its affiliates Yangtze The respondents have placed on the Machinery Company and MMB Shenyang (one of the 10 respondents International, Inc. selected by the Department) requested administrative record a number of China National Machinery & Equipment that Laizhou Luyuan Automobile documents to demonstrate absence of de Import & Export (Xinjiang) Corporation, Fittings Corporation, Ltd., (Laizhou), jure control, including laws, regulations Ltd. also be included in the group of selected and provisions enacted by the State Qingdao Metals & Machinery Import & respondents. Laizhou is, in fact, Council of the central government of the Export Corporation included among the selected PRC. They have also submitted Beijing Xinchangyuan Automobile Fittings respondents because the Department documents which establish that brake Corporation, Ltd. determined that Shenyang and Laizhou drums and brake rotors are not included China National Machinery Import & Export are affiliated parties within the meaning on the list of products that may be Corporation subject to central government export Laizhou Luyuan Automobile Fittings of section 771(33) of the Act, and the Corporation, Ltd. two producers were collapsed and constraints. In addition, respondents Xianghe Zichen Casting Corporation treated as one respondent in the Xinchangyuan and Laizhou each Jiuyang Enterprise Corporation investigation of brake rotors. (See submitted the ‘‘Law of the People’s Hebei Metals and Machinery Import & Export August 8, 1996, Memorandum from the Republic of China on Chinese-Foreign Corporation team to Barbara R. Stafford (Affiliated Contractual Joint Ventures’’ (April 13, Yenhere Corporation Parties Memorandum.)) 1988). The articles of this law authorize Longjing Walking Tractor Works Foreign joint venture companies to make their Trade Import & Export Corporation Separate Rates own operational and managerial Jilin Provincial Machinery and Equipment Each of the selected respondents has decisions. Import & Export Corporation, Ltd. In prior cases, the Department has Shanxi Machinery and Equipment Import & requested a separate, company-specific Export Corporation. rate. The following respondents are analyzed the laws which the companies owned by all the people: (1) respondents have submitted in this Given that we did not have the CAIEC/CAPCO; (2) CMC; (3) Dalian record and found that they establish an administrative resources to analyze the Norinco; (4) Guangzhou Norinco; (5) absence of de jure control. See Notice of responses of all participating exporters, Qingdao; (6) Xinjiang; (7)Yantai; and (8) Final Determination of Sales at Less we determined that our investigations Southwest. Than Fair Value: Certain Partial- would be limited to the analysis of the The ownership structure of the Extension Steel Drawer Slides With sales of the seven largest PRC brake remaining respondents is as follows: Rollers From the People’s Republic of rotor exporters and the five largest brake (1) Shenyang and Laizhou are China, 60 FR 54472 (October 24, 1995); drum exporters to the United States. As affiliated parties (hereinafter Shenyang/ see also Furfuryl Alcohol. We have no two PRC companies exported both brake Laizhou). Shenyang is owned entirely new information in these proceedings drums and brake rotors, this constituted by GRI Honbase, a Hong Kong company which would cause us to reconsider this a total of ten companies. The which is U.S. owned. Laizhou is a joint determination. identification of the largest exporters of venture between GRI Honbase and ‘‘all However, as in previous cases, there each like product was based on the data the people.’’ The share in Laizhou is some evidence that the PRC central supplied by those PRC companies owned by ‘‘all the people’’ is a minority government enactments have not been which submitted a full questionnaire share; and implemented uniformly among different response. (See, Memorandum from the (2) Xinchangyuan is a joint venture sectors and/or jurisdictions in the PRC. team to Barbara R. Stafford for a between a U.S. company and a PRC (See Silicon Carbide and Furfuryl discussion on selection of respondents company, Beijing Changyuan Alcohol.) Therefore, the Department has (Respondent Selection Memorandum), Automotive Parts Factory. The PRC determined that an analysis of de facto dated July 19, 1996.) For the brake company is the majority shareholder control is critical in determining drums investigation, we selected (1) and is owned by ‘‘all the people.’’ whether respondents are, in fact, subject China National Machinery Import & As stated in Silicon Carbide and to a degree of governmental control Export Corporation (CMC); (2) China Furfuryl Alcohol, ownership of a which would preclude the Department North Industries Guangzhou company by all the people does not from assigning separate rates. Corporation (Guangzhou Norinco); (3) require the application of a single rate. Qingdao Metals & Machinery Import & Accordingly, each of these respondents 2. Absence of De Facto Control Export Corporation (Qingdao); (4) is eligible for consideration for a The Department typically considers Yantai Import & Export Corporation separate rate. four factors in evaluating whether each (Yantai); and (5) Beijing Xinchangyuan To establish whether a firm is respondent is subject to de facto Automobile Fittings Corporation, Ltd. sufficiently independent from governmental control of its export (Xinchangyuan). government control to be entitled to a functions: (1) Whether the export prices For the brake rotors investigation, we separate rate, the Department analyzes are set by or subject to the approval of selected (1) China National Automotive each exporting entity under a test a governmental authority; (2) whether Industry Import & Export Corp. and its arising out of the Final Determination of the respondent has authority to affiliates Shandong Laizhou CAPCO Sales at Less Than Fair Value: Sparklers negotiate and sign contracts and other Industry Corporation, CAPCO USA from the People’s Republic of China, 56 agreements; (3) whether the respondent (CAIEC/CAPCO); (2) China North FR 20588 (May 6, 1991) (Sparklers) and has autonomy from the government in Industries Dalian Corporation (Dalian amplified in Silicon Carbide. Under the making decisions regarding the Norinco); (3) Shenyang Honbase separate rates criteria, the Department selection of management; and (4) Machinery Corporation., Ltd., assigns separate rates in nonmarket whether the respondent retains the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53193 proceeds of its export sales and makes China-Wide Rate PRC exporters that have not qualified independent decisions regarding U.S. import statistics indicate that the for a separate rate (except those disposition of profits or financing of total quantity and value of U.S. imports uninvestigated respondents that fully losses (see Silicon Carbide and Furfuryl of brake drums and brake rotors from cooperated in the investigations) have Alcohol). the PRC is substantially greater than the been treated as a single enterprise. CAIEC/CAPCO, CMC, Qingdao, total quantity and value of brake drums Because some exporters of the single Shenyang/Laizhou, Southwest, and brake rotors reported by all PRC enterprise failed to respond to the Xinchangyuan, Xinjiang, and Yantai companies that submitted responses in Department’s requests for information, have asserted the following: (1) They both the brake drums and brake rotors that single enterprise is considered to be establish their own export prices; (2) cases. Given these significant uncooperative. Accordingly, consistent with section 776(b)(1) of the Act, we they negotiate contracts, without discrepancies, we have no choice but to have applied in each case, as total facts guidance from any governmental conclude that not all exporters of PRC available, the higher of the applicable entities or organizations; (3) they make brake drums and brake rotors responded margin from the petition or the highest their own personnel decisions and; (4) to our questionnaire. Accordingly, we rate calculated for a respondent in that they retain the proceeds of their export are applying a single antidumping proceeding. In the present cases, based sales, use profits according to their deposit rate—the China-Wide rate—to on our comparison of the calculated business needs and have the authority all exporters in the PRC (other than the margins for the other respondents in to sell their assets and to obtain loans. eight named above as receiving separate these proceedings to the estimated In addition, respondents’ questionnaire rates), based on our presumption that margins in the petitions, we have responses indicate that company- Dalian Norinco, Guangzhou Norinco, specific pricing during the POI does not concluded that the petition is the most and those respondents who failed to appropriate record information on suggest coordination among exporters. constitute a single enterprise, are under This information supports a preliminary which to form the basis for dumping common control by the PRC calculations in the brake drums finding that there is a de facto absence government. See, e.g., Final of governmental control of the export investigation. We have concluded that Determination of Sales at Less Than the highest calculated rate among the functions of these companies. Fair Value: Bicycles from the People’s Consequently, we determine selected respondents in the brake rotors Republic of China, 61 FR 19026 (April case is the most appropriate record preliminarily that these exporters have 30, 1996) (Bicycles). met the criteria for the application of information on which to form the basis This China-Wide antidumping rate is for dumping calculations in the brake separate rates. We will examine this based on adverse facts available. Section matter further at verification. rotors investigation. Accordingly, the 776(a)(2) of the Act provides that ‘‘if an Department has based the margin for Dalian Norinco and Guangzhou interested party or any other person— brake drums on information in the Norinco also claimed separate rates and (A) withholds information that has been petition and has based the margin for provided documentation in support of requested by the administering brake rotors on the highest calculated their claims. However, we have denied authority; (B) fails to provide such margin among the selected brake rotors these entities separate rates in these information by the deadlines for the respondents. In these cases, the highest preliminary determinations for the submission of the information or in the petition rate for brake drums is 105.56 following reasons. form and manner requested, subject to percent. The highest calculated margin On August 19, 1996, the petitioner subsections (c)(1) and (e) of section 782; for brake rotors 64.56 percent. argued that Dalian Norinco and (C) significantly impedes a proceeding Section 776(c) of the Act provides that Guangzhou Norinco are not eligible for under this title; or (D) provides such where the Department relies on separate rates. Based on an article information but the information cannot ‘‘secondary information,’’ the appearing in Business Week, the be verified as provided in section 782(i), Department shall, to the extent petitioner alleged that these two the administering authority * * * shall, practicable, corroborate that information companies are still part of NORINCO, subject to section 782(d), use the facts from independent sources reasonably at which it claims is owned and controlled otherwise available in reaching the the Department’s disposal. The by the People’s Liberation Army (PLA). applicable determination under this Statement of Administrative Action Subsequently, the Department title.’’ (SAA), accompanying the URAA conducted additional research on this In addition, section 776(b) of the Act clarifies that the petition is ‘‘secondary issue. Based on additional information provides that, if the Department finds information.’’ See SAA at 870. The SAA and articles found by the Department, that an interested party ‘‘has failed to also clarifies that ‘‘corroborate’’ means and placed on the record of these cooperate by not acting to the best of its to determine that the information used investigations, we have concluded ability to comply with a request for has probative value. Id. However, where preliminarily that Guangzhou Norinco information,’’ the Department may use corroboration is not practicable, the and Dalian Norinco are still branches of information that is adverse to the Department may use uncorroborated the national corporation, NORINCO, interests of that party as the facts information. which is controlled by the PLA. (See otherwise available. The statute also In accordance with section 776(c) of Concurrence Memorandum.) Therefore, provides that such an adverse inference the Act, we corroborated the margins in the record does not support a may be based on secondary information, the petition to the extent practible. The preliminary finding of an absence of de including information drawn from the petitioners based export prices on prices facto control of export functions by the petition. charged by U.S. distributors of brake government. Accordingly, we determine When multiple companies are treated drums and deducted from these prices preliminarily that Dalian Norinco is as a single enterprise, the enterprise a distributor mark-up. We compared the ineligible for a separate rate in the must submit a complete, consolidated starting prices used by petitioner to investigation of brake rotors and that response. If it fails to do so, the prices derived from U.S. import Guangzhou Norinco is ineligible for Department may base the margin statistics and found that the similarity to separate rates for the investigations of calculation for the enterprise on the the import statistics corroborated the brake drums and brake rotors. facts available. As discussed above, all starting prices in the petition. See, 53194 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Notice of Final Determination of Sales constructed export price (CEP) selling expenses incurred in the U.S. at Less Than Fair Value: Circular methodology was not otherwise See Bicycles, 61 FR 19031. Welded Non-Alloy Steel Pipe from indicated. In accordance with section We made company-specific South Africa, 61 FR 94, 24271 (May 14, 777A(d)(1)(A)(i) of the Act, we adjustments as follows: 1996). We also find that the deduction compared POI-wide weighted-average for the distributor mark-up is export prices (EPs) to the factors of 1. CAIEC/CAPCO sufficiently documented for purposes of production. We calculated EP and CEP based on corroboration by examining affidavits We have determined preliminarily packed, FOB Qingdao port or CIF U.S. submitted by industry experts. The that certain PRC entities and certain port prices to unaffiliated purchasers in normal value was based on factors of U.S. entities are affiliated parties within the United States, as appropriate. We production employed by the petitioner the meaning of section 771(33) of the made deductions from the starting price, to produce brake drums, and to the Act: where appropriate, for the following extent possible, surrogate factor values (1) As discussed above, GRI Honbase services which were provided by market which were obtained from Indian PI. owns a controlling interest in Sheyang/ economy suppliers: U.S. inland freight When analyzing the petition, the Laizhou. GRI Honbase is, in turn, owned and U.S. duty expenses (which also Department examined and confirmed by a U.S. party that also owns a majority included harbor maintenance fees and the accuracy of the normal value data as interest in Midwest Air Technologies, merchandise processing fees). We also provided in the petition by comparing Inc.(MAT), and MAT Automotive, Inc., deducted from the starting price, where the values used in the petition with the parties in the U.S. which first appropriate, an amount for foreign values obtained from PI collected in purchase the brake rotors produced by inland freight, foreign brokerage and these and previous NME investigations. Shenyang/Laizhou. Thus, we determine handling, marine insurance and U.S. Accordingly, we have corroborated, to preliminarily that Shenyang/Laizhou, inland insurance. However, when these the extent practicable, the data MAT and MAT Automotive are movement services were provided by contained in the petition. affiliated parties. nonmarket economy suppliers, we Rate for Respondents Not Selected (2) Southwest wholly owns MMB valued them using Indian rates. In some International, Inc., the U.S. importer. As stated above, several PRC cases international freight and marine Thus, we determine preliminarily that companies which submitted full insurance were provided by nonmarket Southwest and MMB International, Inc., questionnaire responses in a timely economy suppliers, and in others by are affiliated parties. manner and which claimed eligibility market economy suppliers. For the While the merchandise produced by for separate rates were not chosen by the former, the deduction was based on Shenyang/Laizhou and Southwest was Department respondents in either Indian surrogate values. For the latter, shipped directly from the manufacturer investigation. It would be inappropriate we deducted the market economy value to the unaffiliated U.S. customer, the to assign these fully cooperative for the services from the starting price. terms of all sales made through U.S. respondents a rate based on ‘‘facts We have also recalculated credit affiliates were negotiated in the United available,’’ that would also apply PRC expenses using an interest rate that is an States by the affiliates. Therefore, we exporters of brake drums or brake rotors average of the interest rates of all U.S. find that the responsibilities of the U.S. who refused to cooperate in these dollar fixed and variable loans with a affiliates go well beyond those of ‘‘a investigations. Therefore, we have maturity of over one month and under processor of sales related assigned the cooperative respondents in one year as reflected in Federal Reserve documentation’’ or a ‘‘communications the brake drums case a weighted- statistics (see Final Results of link,’’ and have redesignated the sales in average dumping margin based on the Administrative Review: Certain Cut-to- question as CEP. (See Concurrence calculated margins, which were not de Length Carbon Steel Plate from Sweden Memorandum.) minimis, of the selected brake drum (61 FR 15772, 15780) (Steel Plate))). Therefore, for all sales of brake rotors respondents, and we have assigned the 2. CMC made by Shenyang/Laizhou and those cooperative respondents in the brake sales of brake rotors by Southwest made rotors case a weighted-average dumping We calculated EP based on packed, in the United States, before or after margin based on the calculated margins, CIF U.S. port prices to unaffiliated importation, we have redesignated these which were not de minimis, of the purchasers in the United States. We sales as CEP sales in accordance with selected brake rotors respondents. made deductions from the CIF U.S. port section 772(b) of the Act. (See price, where appropriate, for foreign Fair Value Comparisons Concurrence Memorandum.) inland freight and foreign brokerage and To determine if the brake drums and For CAIEC/CAPCO, whose sales to the handling, marine insurance and brake rotors from the PRC sold to the first unaffiliated purchaser took place international freight. As all foreign United States by the eight PRC exporters after importation into the United States, inland freight and handling fees were receiving separate rates were made at we based USP on CEP, in accordance provided by nonmarket economy less than fair value, we compared the with section 772(b) of the Act. suppliers and or paid for in a non- ‘‘United States Price’’ (USP) to the NV, In accordance with section 772(d)(1) market economy currency, we valued as specified in the ‘‘United States Price’’ of the Act, we deducted from CEP the these services using Indian rates. following expenses that related to and ‘‘Normal Value’’ sections of this 3. Qingdao notice. economic activity in the United States: direct selling expenses, including credit We calculated EP based on packed, United States Price expenses, and indirect selling expenses. CNF U.S. port prices to unaffiliated We based USP on export price (EP) in Finally, we made an adjustment for CEP purchasers in the United States. We accordance with section 772(a) of the profit in accordance with section made deductions from the CNF U.S. Act, when the brake drums or brake 772(d)(3) of the Act. We deducted an price, where appropriate, for foreign rotors were sold directly to the first amount from CEP for profit by applying inland freight, brokerage & handling and unaffiliated purchaser in the United the surrogate value profit rate for brake international freight. As all these States prior to importation and when drums and brake rotors to the sum of expenses were provided by nonmarket Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53195 economy suppliers, we valued these transactions by market economy Normal Value services using Indian rates. carriers. For the former, the deduction In accordance with section 773(c) of was based on Indian surrogate values. 4. Shenyang/Laizhou the Act, we calculated NV based on For the latter, we deducted the market We calculated CEP based on packed, factors of production reported by the economy value for the services from the factories in the PRC which produced CIF U.S. port prices to unaffiliated starting price. The foreign inland purchasers in the United States. We brake drums and/or brake rotors for the freight, marine insurance, and foreign eight exporters. Where an input was made deductions from the starting price, brokerage and handling expenses were where appropriate, for international sourced from a market economy and valued using Indian rates because these paid for in market economy currency freight (which includes ocean freight services were provided by a nonmarket (i.e., bolts), we used the actual price and U.S. inland freight), and marine economy supplier. paid for the input to calculate the insurance (which includes U.S. inland We have also deducted from CEP insurance). In some cases international credit expenses incurred on behalf of factors-based NV in accordance with our freight and marine insurance were U.S. sales. As with Shenyang/Laizhou practice. See Lasko Metal Products v. provided by nonmarket economy (noted above), Southwest’s merchandise United States, 437 F. 3d 1442, 1443 suppliers, and in others by market is shipped to the U.S. customer directly (Fed. Cir. 1994) (‘‘Lasko’’). We valued economy suppliers. For the former, the from the factory. Southwest reported its the remaining factors using PI from deduction was based on Indian credit expenses based on the shipment India where possible. Where surrogate values. For the latter, we date from the U.S. port. Therefore, we appropriate Indian values were not deducted the market economy value for have recalculated credit expenses to available, we used PI from Indonesia. the services from the starting price. We reflect the date of shipment from the Factor Valuations also deducted from the starting price, factory and have also used an interest where appropriate, an amount for The selection of the surrogate values rate based on the method used in Steel was based on the quality and foreign inland freight. Because these Plate. movement services were provided by contemporaneity of the data. Where nonmarket economy suppliers, these 6. Xinjiang possible, we attempted to value material services were valued using Indian rates. We calculated EP based on packed, inputs on the basis of tax-exclusive We have also deducted from CEP FOB Qingdao port prices to unaffiliated domestic prices. Where we were not credit expenses incurred on behalf of purchasers in the United States. We able to rely on domestic prices, we used U.S. sales. We note that our practice is made deductions from the FOB Qingdao import prices to value factors. We did to calculate a credit period from the date price for foreign inland freight. As all not remove from the import data import that the merchandise is shipped to the foreign inland freight charges were prices that respondents alleged were unaffiliated U.S. customer to the date provided by nonmarket economy dumped and/or subsidized because they that payment from that customer is suppliers, we valued this service at an did not demonstrate that inclusion of received. In CEP cases where the Indian rate. these values caused depressive merchandise is shipped to the U.S. distortions in the import prices (see customer from the inventory of a U.S. 7. Xinchangyuan Concurrence Memorandum). As affiliate, the credit period begins from We calculated EP based on packed, appropriate, we adjusted input prices to the point of shipment from U.S. C&F or CIF U.S. port prices to make them delivered prices. For those inventory. However, in the case of unaffiliated purchasers in the United values not contemporaneous with the Laizhou/Shenyang, merchandise is States. We made deductions from the POI, we adjusted for inflation using shipped to the U.S. customer directly C&F or CIF U.S. price, where wholesale price indices or, in the case from the foreign port. Therefore, we appropriate, for foreign inland freight of labor rates, consumer price indices, have relied on a credit period beginning and brokerage and handling, and marine published in the International Monetary with the date of the bill of lading at the insurance. As all foreign inland freight, Fund’s International Financial foreign port. Thus, we have recalculated brokerage and handling, and marine Statistics. For a complete analysis of credit expenses and have also used an insurance were provided by nonmarket surrogate values, see the Factors interest rate based on the method used economy suppliers, these services were Calculation Memorandum from the in Steel Plate. valued using Indian rates. We also team to Barbara R. Stafford, (Factors deducted ocean freight which was Memorandum) dated October 3, 1996. 5. Southwest provided by market economy suppliers To value calcium carbonate, we used We calculated EP and CEP based on and paid for in market-economy public information from POI issues of packed, CIF customer’s warehouse, CIF currencies. the Indian publication Chemical Hong Kong, or CIF U.S. port prices to Weekly. For dextrin, copper, copper unaffiliated purchasers in the United 8. Yantai powder, ferromanganese, ferrosilicon of States, as appropriate. We made We calculated EP based on packed, greater than 55% purity, other deductions from the starting price, CIF U.S. port prices to unaffiliated ferrosilicon, and manganese metal, we where appropriate, for the following: purchasers in the United States. We relied on import prices contained in the foreign inland freight, marine insurance made deductions from the CIF U.S. April through July 1995 issues of (which includes domestic inland price, where appropriate, for foreign Monthly Statistics of the Foreign Trade insurance), foreign brokerage and inland freight, foreign brokerage and of India (Monthly Statistics). handling, international freight, handling and marine insurance. As all To value ferrochromium, we used transloading charges in Hong Kong, U.S. these expense were provided by Indian import price data from the April customs duty, and U.S. customs nonmarket economy suppliers, these through June 1995 issues of Monthly brokerage (which includes U.S. inland services were valued in India. In Statistics. To value iron scrap, steel freight). International freight and addition, we deducted international scrap, and pig iron, we used domestic transloading charges were provided for freight which was provided by market prices from public information certain transactions by non-market economy suppliers and paid for in contained in the annual report of Shivaji economy carriers and for other market economy currencies. Works Ltd., an Indian producer of brake 53196 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices drums, because these prices best Regarding lug bolts, we could not To value truck freight rates, we used represent the cost of those incurred by obtain a product-specific price from public information from the periodical an Indian producer of brake drums and India. Therefore, we used Indonesian The Times of India. For train rates, we brake rotors. import data covering January through relied upon POI public information To value lead-based rust inhibitor, November 1995 from the November from the Indian Railway Conference non-lead-based rust inhibitor, shot and 1995 issue of Statistical Bulletin (see Association, which provides published angular grit (if used for sand cores), Concurrence Memorandum and distance-specific fees. For Indian barge turnings and shavings (if used for sand Bicycles). For PRC companies which rates, we relied upon public information cores), lubrication oil, ball bearing cups, purchased lug bolts from market contained in the August 3. 1993 cable steel angles, steel plate, and steel stamp, economy sources and paid in market from the U.S. consulate in Bombay, we used Indian import price data from economy currency, we used the data originally utilized in Final the April through July 1995 issues of supplied in their submissions. To value Determination of Sales at Less than Fair Monthly Statistics. To value parting steel sheet, steel strip, and steel wire Value: Helical Spring Lock Washers spray, we used Indian import price data rod, we relied upon public information from the PRC, 58 FR 48833 (September from the April and May 1995 issues of from the SAIL publication. 28, 1993), adjusted for inflation. To Monthly Statistics. Shenyang/Laizhou To value coking coal and wood, we value ocean freight rates, we used purchased castings for rotors from an used import prices covering April public information from the Federal unaffiliated nonmarket economy through July 1995 from Monthly Maritime Commission common rates supplier. Shenyang/Laizhou provided Statistics. For liquid petroleum gas we tariff. the financial statements of two Indian used domestic prices from an Indian To value foreign brokerage and producers, Shivaji and Bhagwati, as a periodical, Financial Times of India. For handling, we relied on public source for surrogate values for castings. electricity, we relied upon public information reported in the To value this input, we used the cast information from Confederation of antidumping investigation of Stainless iron casting price noted in Shivaji’s Indian Industries Handbook of Statistics Steel Bar from India. For marine financial statement only. Although the 1995 to obtain an average price for insurance, we used public information other financial statement submitted by electricity provided to medium-size reported in the antidumping Shenyang/Laizhou listed a price for industries. investigation of Sulfur Dyes, Including castings, there was no indication that To value adhesive tape, corrugated Sulfur Vat Dyes, from India (which is attached to the factors valuation such castings were used to produce cartons, corrugated paper, fiberboard, merchandise comparable to the memorandum). labels, nails, steel straps, wood brackets, merchandise subject to these To value factory overhead, SG&A, and wood cases and boxes, and wood investigations. profit, we calculated a simple average We note that Shenyang/Laizhou pallets, we relied upon Indian import using the financial statements of Rico claimed that the Indian surrogate values data from the April through July 1995 and Shivaji. Of the five financial for castings purchased by Shenyang in issues of Monthly Statistics. statements of Indian producers China are significantly higher than the Regarding plastic bags and sheets, we submitted by interested parties, only the production experience of Laizhou, and utilized Indian import price data for statements of these two companies that the Indian values may include polyethylene from the April 1994 indicated production comparable to the products other than brake rotor castings. through February 1995 issues of merchandise subject to these Based on this claim, Shenyang/Laizhou Monthly Statistics. For plastic tarpaulin, investigations. requested that the Department value the we used the Indian import price for Where appropriate, we have removed purchased castings using the factors of other plastic sheets from the April from the surrogate overhead and SG&A production of respondent Laizhou. We through July 1995 issues of Monthly calculations, the excise duty amount have rejected respondent’s request for Statistics. For bags and sheets of other listed in the financial statements (see this preliminary determination. It is the plastics, we used Indian import price Bicycles, 61 FR 19039). We also made Department’s practice to value inputs data from the same issues of Monthly certain adjustments to the percentages purchased in NME countries using Statistics. calculated as a result of reclassifying surrogate values for the input, rather To value labor, we used data from the expenses contained in the financial than to construct a value for the input United Nations’ publication Yearbook of statements. based on factors of production for that Labor Statistics (YLS). Information for For both companies, we treated the input. (See Final Determination of Sales Indian labor rates from Investing, line item labelled ‘‘stores and spares At Less Than Fair Value Coumarin from Licensing & Trading Conditions Abroad consumed’’ as part of factory overhead People’s Republic of China, 59 FR was found to represent statutory and not part of materials consumed 66895, (Comments 4 and 5) (December minimum Indian labor rates and not because stores and spares are not direct 28, 1994)). In the instant case, we are actual labor rates (see Preliminary materials consumed in the production relying on Indian castings values (which Determination of Sales at Less than Fair process. We have considered stores and we note were placed on the record by Value: Polyvinyl Alcohol from the PRC, spares to include items such as filter Shenyang/Laizhou themselves), and 60 FR 52647 (October 10, 1995) (PVA). screens, flux covering, drill bits and rejecting Shenyang/Laizhou’s proposed The original source does not name or similar items which are not direct methodology because the respondent document the skill level represented by inputs into the production process. In has provided no evidentiary support for the YLS surrogate value, nor do we have addition, information in one of these their claim that the surrogate values agreement among parties regarding use companies’ financial statements may reflect the prices of products other of this labor rate for skilled and indicates that Indian accounting than (or substantially different from) unskilled labor rate assumptions. Thus, practices require Indian companies to brake rotor castings, and because the following the method established in record molding inputs (i.e., all types of Department is required, under section PVA and in relying on YLS data, we sand, bentonite, lead powder, steel 1677b(a)(4) of the Act, to value factors applied a single labor value to all pellets (if used for sand cores or of production in a surrogate market reported labor factors, including moulding), coal powder and waste oil) economy. indirect labor. under ‘‘stores and spares consumed.’’ Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53197

Therefore, we are considering these other expenses from the SG&A excepted from the suspension of molding inputs as indirect materials and calculation to account for packing liquidation instructions for brake drums a part of factory overhead, and we are expenses. (For a further discussion of because its sales of brake drums were not valuing them as materials. other adjustments made, see not found to have been sold below fair We have considered the line item Concurrence Memorrandum). value. CMC’s sales of brake drums, labelled ‘‘raw materials consumed’’ to Southwest reported additional factors which were manufactured by the include direct materials such as pig such as filter screens, fluxing covering, producer whose factors formed the basis iron, steel scrap, and steel inputs, and and grinding wheels which it uses to for the de minimis margin, will be non-steel direct inputs and not included produce brake rotors. For these excluded from an antidumping duty them in factory overhead. The preliminary determinations, we have order on brake drums should one be designation of these items is consistent treated these types of inputs as part of issued. Brake drums that are sold by with standard accounting procedures factory overhead because they do not CMC but manufactured by other and recent determinations (see PVA and appear to be direct material inputs. producers will be subject to the order, Bicycles). We also based our factory if one is issued. (See Final overhead calculation on the cost of Verification Determination of Sales At Less Than goods manufactured rather than on the As provided in section 782(i) of the Fair Value: Case Pencils from the cost of goods sold. In addition, we Act, we will verify the information used People’s Republic of China, 59 FR included interest and/or financial in making our final determinations. 55625, (November 8, 1994)(Pencils)). expenses in the SG&A calculation. CAIEC/CAPCO will be excepted from Suspension of Liquidation For Shivaji, we removed rent the suspension of liquidation expenses from manufacturing costs and In accordance with section 733(d) of instructions for brake rotors because its reclassified the expense as SG&A, and the Act, we are directing the Customs sales of brake rotors were not found to kept write-offs of development expenses Service to suspend liquidation of all have been sold below fair value. CAIEC/ in manufacturing costs. To avoid double entries of brake drums and rotors from CAPCO’s sales of brake rotors, which counting, we removed the amount for the PRC, that are entered, or withdrawn were manufactured by the producer miscellaneous expenses from the SG&A from warehouse, for consumption on or whose factors formed the basis for the calculation to account for packing after the date of publication of this de minimis margin, will be excluded expenses. (For a further discussion of notice in the Federal Register. The from an antidumping duty order on other adjustments made, see Customs Service will require a cash brake rotors should one be issued. Brake Concurrence Memorrandum). deposit or posting of a bond equal to the rotors that are sold by CAIEC/CAPCO For Rico, we have considered estimated dumping margins by which but manufactured by other producers technical know-how expenses as the normal value exceeds the USP, as will be subject to the order, if one is engineering expenses and kept them in shown below. These suspension of issued. (See Pencils). factory overhead. To avoid double liquidation instructions will remain in The weighted-average dumping counting, we removed the amount for effect until further notice. CMC will be margins are as follows:

Weighted-average Manufacturer/producer/exporter margin percentage

Brake Drums

China National Automotive Industry Import & Export Corporation, Shandong Laizhou CAPCO Industry Corporation, and CAPCO International USA ...... 13.97 Yantai Import & Export Corporation ...... 19.07 Qingdao Metal & Machinery Import & Export Corporation ...... 9.70 Beijing Xinchangyuan Automobile Fittings Corporation, Ltd...... 11.29 China National Machinery Import & Export Corporation ...... 0.08 Jiuyang Enterprise Corporation ...... 13.97 Hebei Metals and Machinery Import & Export Corporation ...... 13.97 Longjing Walking Tractor Works Foreign Trade Import & Export Corporation ...... 13.97 Shanxi Machinery and Equipment Import & Export Corporation ...... 13.97 China-Wide Rate ...... 105.56

Brake Rotors

China National Automotive Industry Import & Export Corporation, Shandong Laizhou CAPCO Industry Corporation, and CAPCO International USA ...... 0.12 Shenyang Honbase Machinery Corporation, Ltd., and Laizhou Luyuan Automobile Fittings Corporation, Ltd., MAT Auto- motive, Inc., and Midwest Air Technologies, Inc...... 64.56 Yantai Import & Export Corporation ...... 11.81 Southwest Technical Import & Export Corporation, Yangtze Machinery Corporation, and MMB International, Inc...... 45.08 China National Machinery and Equipment Import & Export (Xinjiang) Corporation, Ltd...... 13.04 Qingdao Metal & Machinery Import & Export Corporation ...... 42.69 Xianghe Zichen Casting Corporation ...... 42.69 Jiuyang Enterprise Corporation ...... 42.69 Hebei Metals and Machinery Import & Export Corporation ...... 42.69 Yenhere Corporation ...... 42.69 Longjing Walking Tractor Works Foreign Trade Import & Export Corporation ...... 42.69 Jilin Provincial Machinery & Equipment Import & Export Corporation ...... 42.69 Shanxi Machinery and Equipment Import & Export Corporation ...... 42.69 China-Wide Rate ...... 64.56 53198 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

China-Wide Rate This determination is published results of review within 90 days of the pursuant to section 733(f) of the Act. issuance of our preliminary A China-Wide Rate has been assigned determination. to brake drums based on the highest Dated: October 3, 1996. margin calculated in the brake drums Robert S. LaRussa, Countervailing duty Period to be case and a China-Wide Rate has been Acting Assistant Secretary for Import proceeding reviewed assigned to brake rotors based on the Administration. highest margin calculated in the brake [FR Doc. 96–26085 Filed 10–9–96; 8:45 am] Italy: Certain Pasta C± rotors case. The China-Wide rate BILLING CODE 3510±DS±P 475±819 assigned to each product applies to all Pastificio Nuova Bettini entries of that product except for entries S.p.A...... 1/1/94±12/31/94 from exporters/factories that are [C±475±819] Pastificio Oleficio identified individually above under Mangimificio Notice of Initiation of Expedited each product type. Bianconi S.p.A...... 1/1/94±12/31/94 Countervailing Duty Administrative ITC Notification Review: Certain Pasta From Italy Scope In accordance with section 733(f) of AGENCY: Import Administration, the Act, we have notified the ITC of our The scope of the order for International Trade Administration, merchandise under review consists of determinations. If our final Department of Commerce. determinations are affirmative, the ITC certain non-egg dry pasta in packages of ACTION: Notice of initiation of expedited will determine before the later of 120 five pounds (or 2.27 kilograms) or less, countervailing duty administrative whether or not enriched or fortified or days after the date of these preliminary review. determinations or 45 days after our final containing milk or other optional ingredients such as chopped vegetables, determinations whether these imports SUMMARY: In response to requests from are materially injuring, or threaten vegetable purees, milk, gluten, diastases, two exporters, the Department of vitamins, coloring and flavorings, and material injury to, the corresponding Commerce (the ‘‘Department’’) is U.S. industry. up to two percent egg white. The pasta initiating an expedited administrative covered by this scope is typically sold Public Comment review of the countervailing duty order in the retail market, in fiberboard or issued in July 1996 covering imports of cardboard cartons or polyethylene or In accordance with 19 CFR 353.38, certain pasta from Italy. case briefs or other written comments in polypropylene bags, of varying EFFECTIVE DATE: October 10, 1996. at least ten copies must be submitted to dimensions. the Assistant Secretary for Import FOR FURTHER INFORMATION CONTACT: Excluded from the scope are Administration no later than January 8, Jennifer Yeske or Todd Hansen, Import refrigerated, frozen, or canned pastas, as 1997, and rebuttal briefs, no later than Administration, International Trade well as all forms of egg pasta, with the January 15, 1997. A list of authorities Administration, U.S. Department of exception of non-egg dry pasta used and a summary of arguments made Commerce, 14th Street and Constitution containing up to two percent egg white. in the briefs should accompany these Avenue, NW., Washington, D.C. 20230, Also excluded are imports of organic briefs. Such summary should be limited telephone: (202) 482–0189 and 1276, pasta from Italy that are accompanied by to five pages total, including footnotes. respectively. the appropriate certificate issued by the We will hold a public hearing, if SUPPLEMENTARY INFORMATION: Associazione Marchigiana Agricultura requested, to afford interested parties an Biologica (‘‘AMAB’’) or by Bioagricoop opportunity to comment on arguments Background scrl. raised in case or rebuttal briefs. At this We have received requests from two The merchandise under order is time, the hearing is scheduled for exporters of pasta from Italy, Pastificio currently classifiable under items January 17, 1997, at 10:00–2:00 Room Nuova Bettini S.p.A. and Pastificio 1902.19.20 of the Harmonized Tariff 1414, at the U.S. Department of Oleficio Mangimificio Bianconi S.p.A. Schedule of the United States Commerce, 14th Street and Constitution for an expedited review of the (‘‘HTSUS’’). Although the HTSUS Avenue, N.W., Washington, D.C. 20230. countervailing duty order on certain subheadings are provided for Parties should confirm by telephone the pasta from Italy, which was published convenience and customs purposes, our time, date, and place of the hearing 48 in the Federal Register on July 24, 1996 written description of the scope of the hours before the scheduled time. (61 FR 38544). These requests are order remains dispositive. Interested parties who wish to request consistent with 19 CFR 351.214(k), a hearing, or to participate if one is found in Antidumping Duties; Interested parties must submit requested, must submit a written Countervailing Duties; Proposed Rule applications for disclosure under request to the Assistant Secretary for published in the Federal Register on administrative protective orders not Import Administration, U.S. Department February 27, 1996 (61 FR 7308, 7367– later than the deadlines set forth in 19 of Commerce, Room B–099, within ten 68) (‘‘Proposed Regulations’’). CFR 355.34(b)(1) (i) and (iii). days of the publication of this notice. This initiation and this notice are Initiation of Review Requests should contain: (1) The party’s pursuant to section 751 of the Tariff Act name, address, and telephone number; We are initiating an expedited review of 1930 as amended. (2) the number of participants; and (3) of the countervailing duty order on Dated: October 4, 1996. a list of the issues to be discussed. In pasta from Italy as contemplated by 19 accordance with 19 CFR 353.38(b) oral CFR 351.214(k) of the Proposed Robert S. LaRussa, presentations will be limited to issues Regulations. We intend to issue the Acting Assistant Secretary for Import raised in the briefs. If this investigation preliminary results of review not later Administration. proceeds normally, we will make our than 180 days from the date of [FR Doc. 96–26087 Filed 10–9–96; 8:45 am] final determination by January 16, 1996. publication of this notice, and the final BILLING CODE 3510±DS±P Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53199

[A±427±811] Federal Register on May 11, 1995 (60 standard verification procedures, FR 25130). including onsite inspection of the Certain Stainless Steel Wire Rods manufacturer’s facilities, the Background From France: Preliminary Results of examination of relevant sales and Antidumping Duty Administrative On December 29, 1993, the financial records, and selection of Review Department published in the Federal original documentation containing Register (58 FR 68865) the final AGENCY: Import Administration, relevant information. Our verification International Trade Administration, affirmative antidumping duty results are outlined in the public Department of Commerce. determination on certain stainless steel versions of the verification reports. wire rods from France, and published ACTION: Notice of Preliminary Results of an amended final determination and Product Comparisons Antidumping Duty Administrative antidumping duty order on January 28, In accordance with section 771(16) of Review. 1994. On January 26, 1996, the the Act, we considered all products SUMMARY: In response to a request by Department published the Opportunity produced by the respondents, covered Imphy S.A. and Ugine-Savoie to Request an Administrative Review of by the description in the Scope of the (respondents), the Department of this order for the period January 1, Review section, above, and sold in the Commerce (the Department) is 1995–December 31, 1995 (61 FR 2488). home market during the POR, to be conducting an administrative review of The Department received a request for foreign like products for purposes of the antidumping duty order on certain an administrative review from Imphy, determining appropriate product stainless steel wire rods from France. S.A. (‘‘Imphy’’) and Ugine-Savoie comparisons to U.S. sales. Where there This review covers the above (‘‘Ugine’’), related producers/exporters were no sales of identical merchandise manufacturers/exporters of the subject of the subject merchandise, on January in the home market to compare to U.S. merchandise to the United States. The 22, 1996. We initiated the review on sales, we compared U.S. sales to the period of review (POR) is January 1, February 20, 1996 (61 FR 6347). next most similar foreign like product 1995 through December 31, 1995. The Department is now conducting on the basis of the characteristics listed We have preliminarily determined this review in accordance with section in Appendix III of the Department’s that respondents sold subject 751 of the Act. The review covers sales March 21, 1996 antidumping merchandise at less than normal value of certain stainless steel wire rods by questionnaire. In making the product (NV) during the POR. If these Imphy, Ugine, and their affiliated comparisons, we matched foreign like preliminary results are adopted in our companies, Metalimphy Alloys Corp. products based on the physical final results of this administrative (‘‘MAC’’), and Techalloy Company, Inc. characteristics reported by the review, we will instruct U.S. Customs to (‘‘Techalloy’’). respondents and verified by the Department. assess antidumping duties equal to the Scope of the Review difference between the export price Fair Value Comparisons (‘‘EP’’) or constructed export price The products covered by this (‘‘CEP’’) and the NV. administrative review are certain To determine whether sales of subject We invite interested parties to stainless steel wire rods (SSWR) merchandise to the United States were comment on these preliminary results. products which are hot-rolled or hot- made at less than fair value, we Parties who submit argument in this rolled annealed, and/or pickled rounds, compared the EP or CEP to the NV, as proceeding should also submit with the squares, octagons, hexagons, or other described in the ‘‘Export Price and argument (1) a statement of the issue, shapes, in coils. SSWR are made of alloy Constructed Export Price’’ and ‘‘Normal and (2) a brief (no longer than five steels containing, by weight, 1.2 percent Value’’ sections of this notice. In pages, including footnotes) summary of or less of carbon and 10.5 percent or accordance with section 777A(d)(2), we the argument. more of chromium, with or without calculated monthly weighted-average other elements. These products are only prices for NV and compared these to EFFECTIVE DATE: October 10, 1996. manufactured by hot-rolling, are individual U.S. transactions. FOR FURTHER INFORMATION CONTACT: normally sold in coiled form, and are of Stephen Jacques or Jean Kemp, AD/CVD Transactions Reviewed solid cross section. The majority of Enforcement Group III, Office 9, Import SSWR sold in the United States is round As we stated in our final results of the Administration, International Trade in cross-sectional shape, annealed, and first administrative review, sales of Administration, U.S. Department of pickled. The most common size is 5.5 merchandise that can be demonstrably Commerce, 14th Street and Constitution millimeters in diameter. linked with entries prior to the Avenue, N.W., Washington, DC 20230; The SSWR subject to this review is suspension of liquidation, and in the telephone: (202) 482–3434 or (202) 482– currently classifiable under subheadings absence of an affirmative critical 4037, respectively. 7221.00.0005, 7221.00.0015, circumstances finding, are not subject SUPPLEMENTARY INFORMATION: 7221.00.0020, 7221.00.0030, merchandise and therefore are not 7221.00.0040, 7221.00.0045, subject to review by the Department (see The Applicable Statute 7221.00.0060, 7221.00.0075, and Certain Stainless Steel Wire Rods from Unless otherwise indicated, all 7221.00.0080 of the Harmonized Tariff France; Final Results of Antidumping citations to the Tariff Act of 1930, as Schedule of the United States (HTSUS). Duty Administrative Review, 61 FR amended (the Act), are references to the Although the HTSUS subheadings are 47874–6 (September 11, 1996)). provisions effective January 1, 1995, the provided for convenience and Customs In this review, as in the first effective date of the amendments made purposes, our written description of the administrative review, respondents to the Act by the Uruguay Round scope of the order is dispositive. claimed that sales of certain Agreements Act (URAA). In addition, merchandise were not subject to review unless otherwise indicated, all citations Verification because the merchandise entered prior to the Department’s regulations are to As provided in section 782(i) of the to the suspension of liquidation the current regulations, as amended by Tariff Act, we verified information pursuant to the preliminary the interim regulations published in the provided by the respondents by using determination of sales at less-than-fair- 53200 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices value. In the first administrative review, duties. We also adjusted the starting commissions in EP and CEP we verified respondents’ ability to link price for billing adjustments to the comparisons. these pre-suspension entries with invoice price and for interest revenue. Price to CV Comparisons individual period-of-review sales (see Finally, we made an adjustment for CEP Certain Stainless Steel Wire Rods from profit in accordance with section Where we compared CV to EP, we France; Final Results of Antidumping 772(d)(3) of the Act. deducted from CV the weighted-average Duty Administrative Review, 61 FR home market direct selling expenses Further Manufacturing 47874, 47875 (September 11, 1996)). At and added the weighted-average U.S. verification in France during this For products that were further product-specific direct selling expenses. manufactured after importation, we review, we examined documentation, Cost of Production Analysis including inventory records, invoices adjusted for all value added in the and packing lists for U.S. sales, that we United States, including the As of the initiation of this review, the tied to respondents’ questionnaire proportional amount of profit Department had not completed the first response. We found no evidence in this attributable to the value added. We administrative review. Therefore, for review that called into question computed profit based on total revenues purposes of the COP initiation, pursuant respondents’ ability to link particular realized on sales in both the U.S. and to section 773(b)(2)(A)(ii), we had sales during the period of review to home markets, less all expenses reasonable grounds to believe or suspect entries of merchandise prior to the associated with those sales. We then that sales of the foreign like product suspension of liquidation. Because allocated profit to expenses incurred under consideration for the respondents have demonstrated that this with respect to U.S. economic activity determination of NV in this review may merchandise entered prior to the (including further manufacturing costs), have been made at prices below the COP suspension of liquidation, we excluded based on the ratio of total U.S. expenses because the Department disregarded the sales of this merchandise from our to total expenses for both the U.S. and sales below the cost of production (COP) analysis. home market. in the LTFV investigation (see Final Determination of Sales at Less than Fair Export Price and Constructed Export Normal Value Value: Certain Stainless Steel Wire Rods Price In order to determine whether there from France, 58 FR 68865 (December We used EP, in accordance with was a sufficient volume of sales in the 29, 1993)). Therefore, pursuant to subsections 772 (a) and (c) of the Act, home market to serve as a viable basis section 773(b)(1) of the Act, we initiated where the subject merchandise was sold for calculating NV, we compared COP investigations of sales by directly or indirectly to the first respondents’ volume of home market respondents in the home market. unaffiliated purchaser in the United sales of the foreign like product to the In accordance with section 773(b)(3) States prior to importation and CEP was volume of U.S. sales of the subject of the Act, we calculated the COP based not otherwise warranted based on the merchandise, in accordance with on the sum of the costs of materials and facts of record. In addition, we used CEP section 773(a)(1)(C) of the Act. Since fabrication employed in producing the in accordance with subsections 772(b), respondents’ aggregate volume of home foreign like product plus selling, general (c) and (d) of the Act, for those sales to market sales of the foreign like product and administrative (SG&A) expenses the first unaffiliated purchaser that took was greater than five percent of its and all costs and expenses incidental to place after importation into the United aggregate volume of U.S. sales for the placing the foreign like product in States. subject merchandise, we determined condition packed ready for shipment. In We made adjustments as follows: that the home market was viable. our COP analysis, we used the home We calculated EP based on packed Therefore, we have based NV on home market sales and COP information prices to unaffiliated customers in the market sales. provided by respondents in their United States. Where appropriate, we Where appropriate, we deducted questionnaire responses. made deductions from the starting price discounts, credit expenses, warranty After calculating COP, we tested for discounts, foreign inland freight, expenses, inland freight and inland whether home market sales of SSWR foreign brokerage and handling, insurance. We also adjusted the starting were made at prices below COP within international freight, U.S. inland freight, price for billing adjustments to the an extended period of time in U.S. brokerage and handling, marine invoice price and interest revenue. We substantial quantities and whether such insurance and U.S. Customs duties. We did not adjust the starting price for prices permit recovery of all costs also adjusted the starting price for commissions in the home market within a reasonable period of time. We billing adjustments to the invoice price. (please see the Concurrence compared model-specific COPs to the We calculated CEP sales based on Memorandum for a discussion of this reported home market prices less any packed prices to unaffiliated customers. issue). applicable movement charges, Where appropriate, we made deductions We made adjustments, where discounts, and rebates. for early payment discounts, credit appropriate, for physical differences in Pursuant to section 773(b)(2)(C) of the expenses, warranty expenses, other the merchandise in accordance with Act, where less than 20 percent of direct selling expenses and section 773(a)(6)(C)(ii) of the Act. In respondents’ sales of a given product commissions. We deducted those accordance with the Department’s were at prices less than COP, we did not indirect selling expenses, including practice, where the difference in disregard any below-cost sales of that inventory carrying costs and product merchandise adjustment for any product product because the below-cost sales liability premiums, that related to comparison exceeded 20 percent, we were not made in substantial quantities commercial activity in the United based normal value on CV. In addition, within an extended period of time. States. We also made deductions for in accordance with section 773(a)(6), we Where 20 percent or more of foreign brokerage and handling, foreign deducted home market packing costs respondents’ sales of a given product inland freight, international freight, U.S. and added U.S. packing costs. during the POR were at prices less than inland freight, U.S. brokerage and We also made adjustments, where the COP, we disregarded the below-cost handling, marine insurance, U.S. applicable, for home market indirect sales because they (1) were made within repacking expenses and U.S. Customs selling expenses to offset U.S. an extended period of time in Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53201 substantial quantities in accordance length, we compared the starting prices actual selling activities performed by with sections 773(b)(2) (B) and (C) of the of sales to affiliated and unaffiliated the exporter at the LOT of the U.S. sale Act, and (2) based on comparisons of customers net of all movement charges, and the LOT of the comparison market prices to weighted-average COPs for the direct selling expenses, discounts and sales used to determine NV. Second, the POR, were at prices which would not packing. Where the price to the related differences in the LOTs must affect permit recovery of all costs within a party was 99.5 percent or more of the price comparability as evidenced by a reasonable period of time in accordance price to the unrelated party, we pattern of consistent price differences with section 773(b)(2)(D) of the Act. determined that the sale made to the between sales at the different LOTs in Based on this test, we disregarded related party was at arm’s-length. Where the country in which NV is determined. certain below-cost sales in these no related customer ratio could be Section 773(a)(7)(B) of the Act preliminary results. constructed because identical establishes that a CEP ‘‘offset’’ may be Respondents claimed that the prices merchandise was not sold to unrelated made when two conditions exist: (1) NV they paid to an affiliated party for customers, we were unable to determine is established at a level of trade which subcontracted work for remelting were that these sales were made at arm’s constitutes a more advanced stage of on an arm’s-length basis. The length and, therefore, excluded them distribution than the level of trade of the respondents paid the affiliated party a from our analysis. See Final CEP; and (2) the data available do not price that was at the affiliated party’s Determination of Sales at Less Than provide an appropriate basis for a level- budgeted rate multiplied by the actual Fair Value: Certain Cold-Rolled Carbon of-trade adjustment. quantities. The affiliated party only Steel Flat Products from Argentina, (58 In order to determine that there is a performed remelting services for FR 37062, 37077 (July 9, 1993)). Where difference in level of trade, the respondents and respondents (Imphy) the exclusion of such sales eliminated Department must find that two sales had no other remelter other than the all sales of the most appropriate have been made at different phases of affiliated party. Consequently, we were comparison product, we made marketing, or the equivalent. Different unable to compare data on remelting comparison to the next most similar phases of marketing necessarily involve prices between respondents and an model. differences in selling functions, but unaffiliated party. During verification, differences in selling functions (even we found that the prices that Currency Conversion substantial ones) are not alone sufficient respondents paid for the subcontracted For purposes of the preliminary to establish a difference in the level of remelting did not include any of the results, we made currency conversions trade. Similarly, seller and customer affiliated party’s cost variance expenses based on the official exchange rates in descriptions (such as ‘‘distributor’’ and nor the affiliated party’s selling, general effect on the dates of the U.S. sales as ‘‘wholesaler’’) are useful in identifying and administrative expenses and, certified by the Federal Reserve Bank of different levels of trade, but are therefore, the prices were not above New York. Section 773A(a) of the Act insufficient to establish that there is a cost. We are able to identify these sales directs the Department to use a daily difference in the level of trade. by the control number and product exchange rate in order to convert foreign Pursuant to section 773(a)(7)(B)(i) of code. In order to take into account the currencies into U.S. dollars, unless the the Act and the SAA at 827, in cost variances and SG&A that were not daily rate involves a ’fluctuation.’ For identifying levels of trade for EP and included, we increased the cost of these preliminary results of review, we home market sales, we considered the manufacture for these remelted sales by have determined that a fluctuation selling functions reflected in the starting the sum of the affiliated party’s actual exists when the daily exchange rate price before any adjustments. For CEP cost variances and SG&A (for a more differs from a benchmark by 2.25 sales, we considered only the selling detailed discussion of this issue, please percent. The benchmark is defined as activities reflected in the constructed see the public version of the the rolling average of rates for the past price, i.e., after the expenses and profit Concurrence Memorandum). 40 business days. Therefore, when we were deducted under section 772(d) of In accordance with section 773(a)(4) determined a fluctuation existed, we the Act. Whenever sales were made by of the Act, we used CV as the basis for substituted the benchmark for the daily or through an affiliated company or NV when there were no usable sales of rate. agent, we considered all selling the foreign like product in the activities of both affiliated parties, comparison market. We calculated CV Level of Trade (‘‘LOT’’) except for those selling activities related in accordance with section 773(e) of the As set forth in section 773(a)(1)(B)(i) to the expenses deducted under section Act. We included the cost of materials of the Act and the Statement of 772(d) of the Act in CEP situations. and fabrication, SG&A expenses, and Administrative Action (‘‘SAA’’) In implementing these principles in profit. In accordance with section accompanying the URAA at 829–31, to this review, we obtained information 773(e)(2)(A) of the Act, we based SG&A the extent practicable, the Department about the selling activities of the expenses and profit on the amounts will calculate NV based on sales at the producers/exporters associated with incurred and realized by the same LOT as the U.S. sales. When the each phase of marketing or the respondents in connection with the Department is unable to find sales of the equivalent. We asked respondents to production and sale of the foreign like foreign like product in the comparison identify the specific differences and product in the ordinary course of trade market at the same LOT as the U.S. sale, similarities there were in selling for consumption in the foreign country. the Department may compare the U.S. functions and/or support services For selling expenses, we used the sale to sales at a different LOT in the between all phases of marketing in the weighted-average home market selling comparison market. home market and the United States. expenses. In accordance with section In reviewing the selling functions 773(a)(7)(A) of the Act, if sales at reported by the respondents, we Arm’s-Length Sales different LOTs are compared, the examined all types of selling functions Sales to affiliated customers in the Department will adjust the NV to and activities reported in respondents’ home market not made at arm’s length account for the difference in level of questionnaire response on level of trade. were excluded from our analysis. To test trade if two conditions are met. First, In analyzing whether separate levels of whether these sales were made at arm’s there must be differences between the trade existed in this review, we found 53202 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices that no single selling function was based on respondents’ sales of other antidumping duties on all appropriate sufficient to warrant a separate level of products and there are no other entries. We have calculated an inter- trade in the home market (see respondents or other record information specific ad valorem duty assessment Antidumping Duties; Countervailing on which such an analysis could be rate based on the ratio of the total Duties; Proposed Rule, (Proposed based. amount of antidumping duties Regulations), 61 FR 7308, 7348). Because the data available do not calculated for the examined sales made In determining whether separate provide an appropriate basis for making during the POR to the total amount of levels of trade existed in or between the a level of trade adjustment, but the level antidumping duties calculated for the U.S. and home market, the Department of trade in the HM is at a more advanced examined sales made during the POR to considered the level-of trade claims of stage of distribution than the LOT of the the total customs value of the sales used respondents. To test the claimed levels CEP sale, a CEP offset is appropriate. to calculate those duties. This rate will of trade, we analyzed, inter alia, the Respondents claimed a CEP offset for be assessed uniformly on all entries of selling activities associated with the those U.S. CEP and CEP/FM (CEP/ that particular importer made during the phases of marketing respondents Further Manufactured) sales compared POR. (This is equivalent to dividing the reported. We determined that fewer and to sales in France through Ugine total amount of antidumping duties, different selling functions were Service. We included a CEP offset for all which are calculated by taking the performed for CEP sales to MAC than sales in France which are compared difference between statutory NV and for home market sales to end-users. We with CEP and CEP/FM sales in the statutory EP or CEP, by the total also found the selling functions were United States since the comparison of statutory ED or CEP value of the sales sufficiently different in customer sales home market sales to CEP sales is at a compared, and adjusting the result by contacts, technical services, inventory different level of trade. We applied the the average difference between EP or maintenance, computer systems and CEP offset to normal value or CEP and customs value for all administrative functions to warrant constructed value, as appropriate. merchandise examined during the POR). treating U.S. sales to distributors and To calculate the CEP offset, we took Furthermore, the following deposit the home market sales as different levels the home market indirect selling requirements will be effective for all of trade. In addition, we found that the expenses and deducted htis amount shipments of the subject merchandise home market sales involved a more from normal value, on home market entered, or withdrawn from warehouse, advanced stage of distribution (to end- sales which were compared ot U.S. CEP for consumption on or after the users) as compared to respondents’ CEP sales. We limited the home market publication date of the final results of sales in the United States (distributor). indirect selling expense deduction by these administrative reviews, as In this review there were no sales of the the amount of the indirect selling provided by section 751(a)(1) of the Act: foreign like product in the home market expenses incurred in the United States. (1) the cash deposit rates for the at the same level of trade as that of the reviewed companies will be those rates CEP sales. Therefore, we examined Preliminary Results of Reviews established in the final results of these whether a level-of-trade adjustment was As a result of our review, we reviews (except that no deposit will be appropriate. preliminarily determine the weighted- required for firms with zero or de For the U.S. market, respondents average dumping margins (in percent) reported two levels of trade: 1) sales to minimis margins, i.e., margins less than for the period January 1, 1995, through 0.5 percent); (2) for previously reviewed end users through MAC (EP sales); and December 31, 1995 to be as follows: 2) distributors, e.g., MAC, Techalloy and or investigated companies not listed above, the cash deposit rate will US&A (CEP sales). The Department Margin examined and verified the selling Manufacturer/exporter (percent) continue to be the company-specific rate functions performed for both levels of published for the most recent period; (3) trade. We found that the selling Imphy/Ugine-Savoie ...... 6.29 if the exporter is not a firm covered in functions were sufficiently different in this review, a prior review, or the customer sales contacts (i.e., visiting Parties to the proceeding may request original LTFV investigation, but the customers/potential customers, disclosure within five days of the date manufacturer is, the cash deposit rate receiving orders, promotion of new of publication of this notice. Any will be the rate established for the most products and following-up on unpaid interested party may request a hearing recent period for the manufacturer of invoices), technical services, inventory within 10 days of publication. Any the merchandise; and (4) the cash maintenance, computer systems and hearing, if requested, will be held 44 deposit rate for all other manufacturers administrative functions to warrant two days after the date of publication or the or exporters will continue to be 24.51 levels of trade in the United States. first business day thereafter. Case briefs percent, the ‘‘All Others’’ rate made To the extent practicable, we and/or other written comments from effective by the LTFV investigation. compared normal value at the same interested parties may be submitted not These deposit requirements, when level of trade as the U.S. sale. Because later than 30 days after the date of imposed, shall remain in effect until we compared these CEP sales to home publication. Rebuttal briefs and publication of the final results of the market sales at a different level of trade, rebuttals to written comments, limited next administrative reviews. we examined whether a level of trade to issues raised in those comments, may This notice also serves as a adjustment was appropriate. In this be filed not later than 37 days after the preliminary reminder to importers of case, respondents only sold at one level date of publication of this notice. The their responsibility under 19 C.F.R. of trade in the home market; therefore, Department will publish the final 353.26 to file a certificate regarding the there is no basis upon which results of this administrative review, reimbursement of antidumping duties respondents can demonstrate a including its analysis of issues raised in prior to liquidation of the relevant consistent pattern of price differences any written comments or at a hearing, entries during this review period. between levels of trade with respect to not later than 180 days after the date of Failure to comply with this requirement the foreign like product. Further, we do publication of this notice. could result in the Secretary’s not have information which would The Department shall determine, and presumption that reimbursement of allow us to examine pricing patterns the U.S. Customs Service shall assess, antidumping duties occurred and the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53203 subsequent assessment of double accordance with 19 CFR § 353.42(b). determination until no later than antidumping duties. These companies are Cebitas Demir October 4, 1996 (61 FR 40194, August These administrative reviews and Celik Endustrisi A.S. (Cebitas), 1, 1996). notice are in accordance with section Colakoglu Metalurji A.S. (Colakoglu), In August 1996, we received 751(a)(1) of the Act (19 U.S.C. Cukurova Celik Endustrisi A.S. responses to the supplemental sales 1675(a)(1)) and 19 C.F.R. 353.22(c)(5). (Cukurova), Diler Demir Celik questionnaires from Colakoglu, Dated: October 2, 1996. Endustrisi ve Ticaret A.S. (DDC), Diler Ekinciler, Habas, and Metas. IDC, however, informed the Department on Robert S. LaRussa, Dis Ticaret A.S. (Diler), Ekinciler Demir Celik A.S. (Ekinciler), Habas Sinai Ve August 12, 1996, that it would not be Assistant Secretary for Import Administration Tibbi Gazlar Istihsal Endustrisi A.S. able to respond to the supplemental [FR Doc. 96–26086 Filed 10–9–96; 8:45 am] (Habas), Icdas Istanbul Celik ve Demir questionnaire in a timely manner. BILLING CODE 3510±DS±P Izabe Sanayii A.S. (Icdas), Izmir Demir Although we afforded IDC an Celik Sanayi A.S. (IDC), Izmir Metalurji opportunity to request additional time [A±489±807] Fabrikasi Turk A. S. (Metas), and Yazici for completion of its response, IDC Demir Celik Sanayi ve Ticaret A.S. neither requested an extension nor Notice of Preliminary Determination of (Yazici). submitted any additional information. Sales at Less Than Fair Value and In May and June 1996, we received a For further discussion, see the ‘‘Facts Postponement of Final Determination: response to Section A of the Available’’ section of this notice, below. Certain Steel Concrete Reinforcing questionnaire from each of the All respondents except IDC submitted Bars From Turkey companies identified above. Based on COP responses in August 1996. In our analysis of this information, we September 1996, we issued AGENCY: Import Administration, determined that Cebitas, Cukurova, supplemental COP questionnaires to all International Trade Administration, DDC, Diler, Icdas, and Yazici did not respondents except IDC. Responses to Department of Commerce. export rebar to the United States during these questionnaires were also received EFFECTIVE DATE: October 10, 1996. the period of investigation (POI). in September 1996. FOR FURTHER INFORMATION CONTACT: Accordingly, we instructed these Pursuant to section 735(a)(2)(A) of the Cameron Werker, Fabian Rivelis, or companies not to submit responses to Act, on September 11, 1996, three of the Shawn Thompson, Office of AD/CVD the remaining sections of the four respondents, Colakoglu, Ekinciler, Enforcement, Import Administration, questionnaire. and Habas, requested that, in the event International Trade Administration, In its Section A response, Habas of an affirmative preliminary U.S. Department of Commerce, 14th informed the Department that, although determination in this investigation, the Street and Constitution Avenue, N.W., it had a viable home market, it would Department postpone its final Washington, D.C. 20230; telephone: be unable to provide complete determination until no later than 135 (202) 482–3874, (202) 482–3853, or information on the physical days after the publication of this notice (202) 482–1776, respectively. characteristics for a significant portion in the Federal Register. For further of its home market sales. Consequently, discussion, see the ‘‘Postponement of The Applicable Statute Habas requested guidance from the Final Determination’’ section of this Unless otherwise indicated, all Department as to the appropriate basis notice. citations to the Tariff Act of 1930, as for normal value (NV). On June 5, 1996, On October 2, 1996, Colakoglu amended (the Act) are references to the we notified Habas that we had submitted updated information on its provisions effective January 1, 1995, the insufficient data to conclude that its 1996 shipments to the United States. effective date of the amendments made home market sales could not be used in However, because we are making our to the Act by the Uruguay Rounds price-to-price comparisons. preliminary determination on October 4, Agreements Act (URAA). Accordingly, we instructed Habas to 1996, we have been unable to use this report home market sales as required in data in our critical circumstances Preliminary Determination Section B of questionnaire. For further analysis. Nonetheless, we will verify We preliminarily determine that discussion, see the ‘‘Fair Value this information and use it for purposes certain steel concrete reinforcing bars Comparisons’’ section of this notice. of the final determination. (rebar) from Turkey are being, or are In June 1996, we received responses Facts Available likely to be, sold in the United States at to Sections B and C of the questionnaire less than fair value (LTFV), as provided from Colakoglu, Ekinciler, Habas, IDC, One of the respondents in this case, in section 733(b) of the Act. The and Metas (hereinafter ‘‘respondents’’). IDC, failed to respond completely to the estimated margins of sales at LTFV are The Department issued supplemental Department’s requests for information. shown in the ‘‘Suspension of questionnaires to respondents in July Specifically, IDC submitted a response Liquidation’’ section of this notice. 1996. to the May 9 questionnaire, but did not On July 12, 1996, petitioners provide any subsequent information, Case History submitted a timely allegation pursuant including a response to the Since the notice of initiation of this to section 773(b) of the Act that supplemental sales questionnaire and investigation on March 28, 1996 (61 FR respondents had made sales in the home the COP questionnaire. 15039, April 4, 1996), the following market below the cost of production On August 12, 1996, IDC informed the events have occurred: (COP). On July 19, 1996, we initiated a Department that it would not be able to On April 22, 1996, the United States COP investigation and issued COP provide any additional information in a International Trade Commission (ITC) questionnaires to all respondents. timely manner and requested that the issued an affirmative preliminary injury On July 22, 1996, pursuant to section Department use the information already determination. 733(c)(1)(A) of the Act, petitioners made on the record in its analysis. However, On May 9, 1996, the Department a timely request to postpone the we were unable to perform any analysis presented its questionnaire concerning preliminary determination. We granted for IDC without a COP response because Sections A, B, and C to all known this request, and on July 29, 1996, we COP data is an essential component in Turkish exporters of rebar, in postponed the preliminary our margin calculations. Accordingly, 53204 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices we afforded IDC, a pro se respondent percent. The Department corroborated sales in the comparison market at the (i.e., without legal representation), an all of the secondary information from same level of trade as the U.S. sale(s), opportunity to request additional time which the margin was calculated during the Department may compare sales in for completion of its responses. our pre-initiation analysis of the the U.S. and foreign markets at a However, IDC neither requested an petition to the extent appropriate different level of trade. extension nor submitted any additional information was available for this In accordance with section data. purpose at that time. For purposes of the 773(a)(7)(A) of the Act, if sales at Section 776(a)(2) of the Act provides preliminary determination, the different levels of trade are compared, that if an interested party (1) withholds Department re-examined the price the Department will adjust the NV to information that has been requested by information provided in the petition in account for differences in levels of trade the Department (2) fails to provide such light of information developed during if two conditions are met. First, there information in a timely manner or in the the investigation and found that it must be differences between the actual form or manner requested (3) continued to be of probative value. selling functions performed by the seller significantly impedes a determination at the level of trade of the U.S. sale and under the antidumping statute, or (4) Postponement of Final Determination at the level of trade of the NV sale. provides such information but the Pursuant to section 735(a)(2)(A) of the Second, the difference in level of trade information cannot be verified, the Act, on September 11, 1996, three of the must affect price comparability as Department shall, subject to subsections four respondents, Colakoglu, Ekinciler, evidenced by a pattern of consistent 782(c)(1) and (e), use facts otherwise and Habas, requested that, in the event price differences between sales at the available in reaching the applicable of an affirmative preliminary different levels of trade in the market in determination. Because IDC failed to determination in this investigation, the which NV is determined. When respond to the Department’s Department postpone its final constructed export price (CEP) is supplemental and cost questionnaires determination until no later than 135 applicable, section 773(a)(7)(B) of the and because that failure is not overcome days after the publication of the Act establishes the procedures for by the application of subsections (c)(1) preliminary determination in the making a CEP offset when: (1) NV is at and (e), we must use facts otherwise Federal Register. In accordance with 19 a different level of trade and (2) the data available with regard to IDC. CFR § 353.20(b), because (1) our available do not provide an appropriate Section 776(b) of the Act provides preliminary determination is basis for a level of trade adjustment. that adverse inferences may be used affirmative, (2) the respondents account In order to identify levels of trade, the against a party that has failed to for a significant proportion of exports of Department must review information cooperate by not acting to the best of its the subject merchandise, and (3) no concerning the selling activities of the ability to comply with requests for compelling reasons for denial exist, we exporter, as well as whether different information. See also Statement of are granting respondents’ request and marketing stages exist. In addition, a Administrative Action accompanying are postponing the final determination respondent seeking to establish a level the URAA, H.R. Rep. No. 316, 103d until no later than 135 days after the of trade adjustment must demonstrate Cong., 2d Sess. 870 (SAA). IDC’s failure publication of this notice in the Federal the appropriateness of such an to reply to the Department’s Register. adjustment. Therefore, in addition to the questionnaires demonstrates that IDC questions related to level of trade in our has failed to act to the best of its ability Scope of Investigation May 9, 1996, questionnaire, we sent in this investigation. Thus, the The product covered by this each respondent supplemental Department has determined that, in investigation is all stock deformed steel questions related to level of trade selecting among the facts otherwise concrete reinforcing bars sold in straight comparisons and adjustments in June available to IDC, an adverse inference is lengths and coils. This includes all hot- 1996. warranted. As facts otherwise available, rolled deformed rebar rolled from billet Only one respondent, Metas, claimed we are assigning to IDC the highest steel, rail steel axle steel, or low-alloy what it purported to be different levels margin stated in the notice of initiation, steel. It excludes (i) plain round rebar, of trade in the home market and that an 41.8 percent. (ii) rebar that a processor has further adjustment was warranted 1. Metas Section 776(c) provides that, when worked or fabricated, and (iii) all coated classified its U.S. customers as trading the Department relies on secondary rebar. Deformed rebar is currently companies. As part of our level of trade information (such as the petition) in classifiable in the Harmonized Tariff analysis, we examined the selling using the facts otherwise available, it Schedule of the United States (HTSUS) activities at each reported home market must, to the extent practicable, under item numbers 7213.10.000 and and U.S. marketing stage. Because we corroborate that information from 7214.20.000. The HTSUS subheadings found that there was no substantive independent sources that are reasonably are provided for convenience and difference in the selling activities at its disposal. When analyzing the customs purposes. The written performed by Metas at any of its petition, the Department reviewed all of description of the scope of this marketing stages either in the home the data the petitioners relied upon in investigation is dispositive. market or in the United States, we calculating the estimated dumping Period of Investigation margins, and adjusted those calculations 1 Metas also claimed that we should compare where necessary. See Memorandum to The POI is January 1, 1995, through sales to trading companies in the United States to the File from Case Analysts, dated December 31, 1995. sales to Metas distributors in the home market March 26, 1996. These estimated because the quantities were similar in both types of Level of Trade transactions. In the alternative, Metas requested that dumping margins were based on a we compare U.S. trading company sales to all home comparison of a home market price list As set forth in section 773(a)(7)(A) of market sales after adjusting the price of home to (1) a contracted price to a U.S. the Act and in the SAA at 829–831, to market sales to reflect volume-related discounts. customer and (2) an offer of sale to a the extent practicable, the Department However, Metas failed to provide us with quantitative support for these claims, and our own U.S. customer. The estimated dumping will calculate NV’s based on sales at the analysis indicates that such comparisons and margins, as recalculated by the same level of trade as the U.S. sales. adjustments are unwarranted. See the Concurrence Department, ranged from 27.4 to 41.8 When the Department is unable to find Memorandum dated October 4, 1996. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53205 determine that there was only one level market sales at prices above COP, we fees for purposes of the preliminary of trade. Because U.S. sales are at the made no price-to-price comparisons. determination. Specifically, we same level as home market sales, no See the ‘‘Normal Value’’ section of this disallowed wharfage revenue and adjustment to NV is warranted. See the notice, below, for further discussion. shipping commission revenue for Concurrence Memorandum dated In order to determine the appropriate Colakoglu, agency fee revenue and October 4, 1996. price-averaging groups used in our shipping commission revenue for product comparisons, we examined the Ekinciler, and the profit generated by its Fair Value Comparisons reported marketing stages in light of the port operations for Habas. We will Petitioners have requested that the characteristics commonly associated collect additional information about the Department and the ITC adopt a with each of these categories (e.g., underlying selling, general, and regional industry 2 analysis, in wholesaler vs. distributor). We then administrative (SG&A) expenses accordance with section 771(4)(C) of the compared the average price reported in incurred at these ports for purposes of Act. In our notice of initiation we the home market sales listing for each the final determination. indicated that the petition had met the marketing stage in order to identify any requirements of sections 771(4)(C) and consistent pattern of pricing. We found A. Colakoglu 732(c)(4)(C) of the Act. Section 736(d)(1) that, for the sale of rebar, no consistent We based EP on packed prices to the of the Act directs the Department to pattern of pricing existed for any of the first unaffiliated purchaser in the United assess duties only on the subject respondents. Accordingly, for purposes States. We made deductions to EP for merchandise of the specific exporters of the preliminary determination, we foreign inland freight, dunnage and producers that exported the subject based our price-averaging groups solely expenses, lashing expenses, loading merchandise for sale into the region on the physical characteristics of the charges, despatch expenses (which concerned during the POI. However, merchandise. See Memorandum to the included an upward adjustment for because respondents were not able to File from Rebar Team, dated October 4, revenue that was realized on a provide requested information on sales 1996. contractual agreement between which were ultimately made in the Finally, Turkey experienced Colakoglu and its ocean freight carrier), region, we have not limited our analysis significant inflation during the POI, as demurrage expenses, and ocean freight, in the LTFV investigation to only measured by the Wholesale Price Index, where appropriate, in accordance with shipments entering ports located in the published in International Financial section 772(c)(2)(A) of the Act. region. We will again attempt to collect Statistics. Accordingly, to avoid the B. Ekinciler this information during any subsequent distortions caused by the effects of administrative reviews, in the event that significant inflation on prices, we We based EP on packed prices to the an antidumping duty order is issued in calculated EPs and NVs on a monthly first unaffiliated purchaser in the United this case. average basis, rather than on a POI States. We made deductions for foreign To determine whether sales of rebar average basis. inland freight, warehousing expenses, loading charges, tallying expenses, from Turkey to the United States were Export Price made at less than fair value, we forklift expenses, dunnage and compared the Export Price (EP) to NV, For all of the Turkish respondents, we demurrage expenses (which included an as described in the ‘‘Export Price’’ and calculated EP in accordance with upward adjustment for dunnage and ‘‘Normal Value’’ sections of this notice. section 772(a) of the Act, because the despatch revenues), ramneck tape In accordance with section subject merchandise was sold directly to expenses, customs fees, detention 777A(d)(1)(A)(i) of the Act, we the first unaffiliated purchaser in the expenses, stevedoring expenses, calculated weighted-average EPs for United States prior to importation and wharfage expenses, overage insurance, comparison to weighted-average NVs. CEP methodology was not otherwise and ocean freight, where appropriate, in In making our comparisons, in warranted based on the facts of this accordance with section 772(c)(2)(A) of accordance with section 771(16) of the investigation. the Act. Act, we considered all products sold in Affiliated Port Services C. Habas the home market, fitting the description Each of the respondents owns or is specified in the ‘‘Scope of Investigation’’ We based EP on packed prices to the affiliated, either through a shipping or section above, to be foreign like first unaffiliated purchaser in the United sales agent, to a port from which it ships products for purposes of determining States. We made deductions to EP for merchandise to export destinations. appropriate product comparisons to foreign inland freight, dunnage During the POI, these ports provided a U.S. sales. Regarding Colakoglu and expenses, despatch expenses (which variety of services incident to moving Ekinciler, where there were no sales of included an upward adjustment for the merchandise to the United States. identical merchandise in the home revenue that was realized on a Respondents reported all movement market to compare to U.S. sales, we contractual agreement between Habas charges associated with movement at compared U.S. sales to the next most and its customer), brokerage and the port (e.g., lashing expense, loading similar foreign like product on the basis handling, demurrage expenses, customs expense, etc.). In addition, Colakoglu, of the characteristics listed in Appendix fees, ocean freight, and marine Ekinciler, and Habas reported certain III of the Department’s antidumping insurance, where appropriate, in fees charged by the affiliated port to questionnaire. Regarding Habas and accordance with section 772(c)(2)(A) of unaffiliated vessels for use of the port. Metas, because we found no home the Act. These fees are intended to defray the D. Metas 2 The region identified by the petitioners includes administrative costs of running the port. Maine, New Hampshire, Connecticut, However, for purposes of our LTFV We based EP on packed prices to the Massachusetts, Rhode Island, Vermont, New Jersey, analysis, we are concerned with the first unaffiliated purchaser in the United New York, Pennsylvania, Delaware, Florida, costs actually incurred by the affiliated States. We made deductions for foreign Georgia, Louisiana, Maryland, North Carolina, South Carolina, Virginia, West Virginia, Alabama, port in moving the goods, not the fees inland freight, lashing expenses, Kentucky, Mississippi, Tennessee, the District of the port may charge to cover these costs. brokerage and handling, demurrage Columbia, and Puerto Rico. Accordingly, we have disallowed these expenses (which included an upward 53206 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices adjustment for revenue that was realized Institute of Statistics, to compute an A. Colakoglu on a contractual agreement between annual weighted-average COP for the We relied on the respondent’s COP Metas and its ocean freight carrier), and POI. We compared the weighted-average and CV amounts except in the following ocean freight, where appropriate, in COP figures to home market sales of the instances: We adjusted Colakoglu’s accordance with section 772(c)(2)(A) of foreign like product as required under submitted scrap cost to include the the Act. section 773(b) of the Act, in order to transfer prices it paid to an affiliated Normal Value determine whether these sales had been company for freight service because the made at prices below COP. On a In order to determine whether there transfer prices occurred at arms-length product-specific basis, we compared the and represent the actual cost to was a sufficient volume of sales in the COP to the home market prices, less any home market to serve as a viable basis Colakoglu. We also recalculated applicable movement charges, rebates, for calculating NV, we compared each Colakoglu’s submitted monthly SG&A and packing expenses. respondent’s volume of home market and financing expenses using the sales of the foreign like product to the In determining whether to disregard Primary Metals Index from the Turkish volume of U.S. sales of the subject home market sales made at prices below government’s State Institute of Statistics merchandise, in accordance with the COP, we examined (1) whether, rather than the Wholesale Price Index, section 773(a)(1)(C) of the Act. Because within an extended period of time, such as this index is more product-specific. each respondent’s aggregate volume of sales were made in substantial We revised the SG&A and financing home market sales of the foreign like quantities, and (2) whether such sales expense rates for COP and CV using product was greater than five percent of were made at prices which permitted amounts reported in Colakoglu’s 1995 its aggregate volume of U.S. sales for the the recovery of all costs within a audited financial statements. Colakoglu subject merchandise, we determined reasonable period of time in the normal based its reported SG&A and financing that the home market was viable for course of trade. expense rates on amounts contained in the company’s tax return. Finally, each respondent. Where 20 percent or more of a Because Ekinciler, Habas, and Metas because Colakoglu did not report costs respondent’s sales of a given product reported home market sales to affiliated for products which were once-folded, parties during the POI, we tested these during the POI were at prices below the we assigned the COP and CV amounts sales to ensure that, on average, the COP, we found that sales of that model calculated for the same products sold in affiliated party sales were at ‘‘arm’s were made in ‘‘substantial quantities,’’ straight lengths, based on Colakoglu’s length.’’ To conduct this test, we and within an extended period of time, assertion that are no appreciable cost compared the gross unit prices of sales in accordance with section 773(b)(2) (B) differences associated with folding. to affiliated and unaffiliated customers and (C). To determine whether prices For those comparison products for net of all movement charges, rebates, were such as to provide for recovery of which there were sales at prices above and packing. Based on the results of that costs within a reasonable period of time, the COP, we based NV on ex-factory test, we discarded from each we tested whether the prices which prices to home market customers. In respondent’s home market database all were below the per unit cost of accordance with section 773(a)(6) of the sales made to an affiliated party that production at the time of the sale were Act, we deducted home market packing failed the ‘‘arm’s length’’ test. above the weighted average per unit cost costs and added U.S. packing costs. In Based on the cost allegation submitted of production for the POI, in accordance addition, we adjusted for differences in by petitioners, the Department found with section 773(b)(2)(D). If it was, we the circumstances of sale, in accordance reasonable grounds to believe or suspect disregarded below cost sales in with section 773(a)(6)(C)(iii) of the Act. that sales in the home market were determining NV. These adjustments included differences made at prices below the cost of In accordance with section 773(e)(1) in imputed credit expenses (offset by producing the merchandise. As a result, of the Act, we calculated CV based on the interest revenue actually received by the Department initiated an the sum of each respondent’s cost of the respondent), bank charges, testing investigation to determine whether the materials, fabrication, SG&A, and U.S. and inspection fees, and Exporters’ respondents made home market sales packing costs. In accordance with Association fees. Where appropriate, we made adjustments to NV to account for during the POI at prices below their section 773(e)(2)(A) of the Act, we based respective COP’s within the meaning of differences in physical characteristics of SG&A expenses and profit on the section 773(b) of the Act. the merchandise, in accordance with amounts incurred and realized by each We calculated the COP based on the section 773(a)(6)(C)(ii) of the Act and 19 respondent in connection with the sum of each respondent’s cost of CFR § 353.57. materials and fabrication for the foreign production and sale of the foreign like Where we compared CV to export like product, plus amounts for SG&A product in the ordinary course of trade, prices, we deducted from CV the and packing costs, in accordance with for consumption in the foreign country. weighted-average home market direct section 773(b)(3) of the Act. As noted Where respondents made no home selling expenses and added the above, we determined that the Turkish market sales in the ordinary course of weighted-average U.S. product-specific economy experienced significant trade (i.e., all sales were found to be direct selling expenses. inflationary during the POI. Therefore, below cost), we based profit and SG&A B. Ekinciler in order to avoid the distortive effect of expenses on the weighted average of the inflation on our comparison of costs and profit and SG&A data computed for We relied on the respondent’s COP prices, we requested that respondents those respondents with home market and CV amounts except in the following submit monthly COP figures based on sales of the foreign like product in the instances: We used the Primary Metals the current production costs incurred ordinary course of trade. We calculated Index in our COP and CV calculations during each month of the POI. each respondent’s CV based on the rather than the Wholesale Price Index We used the respondents’ monthly methodology described in the because it is more product-specific. We COP amounts, adjusted as discussed calculation of COP above. Company- used this index to recalculate idle asset below, and the Primary Metals Index specific calculations are discussed and revalued depreciation expense, from the Turkish Government’s State below. SG&A, and financing expenses. We Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53207 revised the reported COP and CV to deduction of foreign exchange gains in conversions based on the daily account for the costs of rebar produced its calculation of financing expenses, exchange rates from the Dow Jones by subcontractors. In addition, we and we revised the SG&A expenses News/Retrieval Service. See 19 CFR included idle asset and revalued included in COP and CV using Habas’s § 353.60. depreciation expense in the reported corporate SG&A expenses rather than Critical Circumstances cost of rebar provided by the reported iron and steel division- subcontractors, and we disallowed specific SG&A expenses. See the In the petition, petitioners made a Ekinciler’s exclusion of foreign Concurrence Memorandum dated timely allegation that there is a exchange losses from its calculation of October 4, 1996. Finally, where Habas reasonable basis to believe or suspect financing expenses. Finally, we did not report costs for certain products that critical circumstances exist with disallowed Ekinciler’s exclusion of (i.e., for those products for which Habas respect to imports of subject marketing and distribution expenses was unable to determine a specific size), merchandise. from its SG&A calculation because we we calculated COP and CV as the simple Section 733(e)(1) of the Act provides were unable to determine the expenses average of the costs for all other that the Department will determine that included in the aggregate amount products. there is a reasonable basis to believe or provided in Ekinciler’s response. In Because all of Habas’s home market suspect that critical circumstances exist order to avoid the potential double- sales were sold below COP, we if: counting of these expenses, we did not compared CV to export prices. We (A)(i) there is a history of dumping deduct home market movement charges deducted from CV the weighted-average and material injury by reason of when calculating the net price for COP. home market direct selling expenses dumped imports in the United States or In accordance with section and added the weighted-average U.S. elsewhere of the subject merchandise, or 771(16)(B)(i) of the Act, we excluded product-specific direct selling expenses. (ii) the person by whom, or for whose from our analysis home market sales by Home market direct selling expenses account, the merchandise was imported Ekinciler of rebar produced entirely by were based on the weighted average of knows or should have known that the other manufacturers. For those the selling expense data computed for exporter was selling the subject comparison products for which there those respondents with home market merchandise at less than its fair value were sales at prices above the COP, we sales of the foreign like product in the and that there was likely to be material based NV on ex-factory, ex-warehouse ordinary course of trade. U.S. direct injury by reason of such sales, and or delivered prices to home market selling expenses included imputed (B) there have been massive imports customers. We made deductions, where credit expenses, bank charges, testing of the subject merchandise over a appropriate, from the starting price for and inspection fees, and Exporters’ relatively short period. foreign inland freight, inland insurance, Association fees. In this investigation, the first criterion and direct warehousing expenses. In is satisfied because the Republic of accordance with section 773(a)(6) of the D. Metas Singapore began imposing antidumping Act, we deducted home market packing We relied on the respondent’s COP measures against rebar from Turkey in costs and added U.S. packing costs. In and CV amounts except in the following 1995. Therefore, we preliminarily addition, we adjusted for differences in instance: Where Metas reported determine that there is a history of the circumstances of sale, in accordance different costs of manufacture and fixed dumping elsewhere of rebar by Turkish with section 773(a)(6)(C)(iii) of the Act. overhead amounts for the same product producers/exporters. Because there is a These adjustments included differences in its COP and CV databases, we used history of dumping, it is not necessary in imputed credit expenses, bank the higher of the reported costs in our to address importer knowledge. charges, warranty expenses, testing and calculations. Because we have preliminarily found inspection fees, and Exporters’ Because all of Metas’s home market that the first statutory criterion is met, Association fees. Where appropriate, we sales were sold below COP, we we must consider the second statutory made adjustments to NV to account for compared CV to export prices. We criterion: whether imports of the differences in physical characteristics of deducted from CV the weighted-average merchandise have been massive over a the merchandise, in accordance with home market direct selling expenses relatively short period. According to 19 section 773(a)(6)(C)(ii) of the Act and 19 and added the weighted-average U.S. CFR § 353.16(f) and § 353.16(g), we CFR § 353.57. product-specific direct selling expenses. consider the following to determine Where we compared CV to export Home market direct selling expenses whether imports have been massive prices, we deducted from CV the were based on the weighted average of over a relatively short period of time: (1) weighted-average home market direct the selling expense data computed for volume and value of the imports; (2) selling expenses and added the those respondents with home market seasonal trends (if applicable); and (3) weighted-average U.S. product-specific sales of the foreign like product in the the share of domestic consumption direct selling expenses. ordinary course of trade. U.S. direct accounted for by the imports. selling expenses included imputed When examining volume and value C. Habas credit expenses (offset by the interest data, the Department typically compares We relied on the respondent’s COP revenue actually received by the the export volume for equal periods and CV amounts except in the following respondent), bank charges, testing and immediately preceding and following instances: We used the Primary Metals inspection fees, and Exporters’ the filing of the petition. Under 19 CFR Index in our COP and CV calculations Association fees. § 353.16(f)(2), unless the imports in the rather than the Wholesale Price Index comparison period have increased by at because it is more product-specific. We Currency Conversion least 15 percent over the imports during used this index to recalculate SG&A The Department’s preferred source for the base period, we will not consider expenses and financing expenses. We daily exchange rates is the Federal the imports to have been ‘‘massive.’’ revised the reported COP and CV to Reserve Bank. However, the Federal To determine whether or not imports account for the cost of billets and rebar Reserve Bank does not track or publish of subject merchandise have been produced by subcontractors. In exchange rates for Turkish Lira. massive over a relatively short period, addition, we disallowed Habas’s Therefore, we made currency for all respondents except IDC we 53208 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices compared each respondent’s export Weight- later than 135 days after the publication volume for the three to six months ed-av- Critical of this notice in the Federal Register. subsequent to and including the filing of erage cir- This determination is published the petition (depending on the available Exporter/Manufacturer margin cum- pursuant to section 733(f) of the Act. per- stances data) to that during the comparable cent- Dated: October 4, 1996. age period prior to the filing of the petition. Robert S. LaRussa, Based on our analysis, we preliminarily Colakoglu ...... 10.32 Yes. Acting Assistant Secretary for Import find that the increase in imports of the Administration. subject merchandise from each of these Ekinciler ...... 19.68 Yes. Habas ...... 16.78 Yes. [FR Doc. 96–26084 Filed 10–9–96; 8:45 am] respondents increased by more than 15 IDC ...... 41.80 Yes. BILLING CODE 3510±DS±P percent over a relatively short period. Metas ...... 30.22 Yes. Moreover, regarding IDC, as facts All Others ...... 15.94 Yes. available, we are making the adverse National Oceanic and Atmospheric assumption that imports have been ITC Notification Administration massive over a relatively short period of time in accordance with section In accordance with section 733(f) of Groundfish Tagging Program 733(e)(1)(B) of the Act. the Act, we have notified the ITC of our ACTION: Proposed collection; comment Therefore, because there is a history determination. If our final request. of dumping of such or similar determination is affirmative, the ITC will determine before the later of 120 merchandise, and because we find that SUMMARY: days after the date of this preliminary The Department of imports of rebar from all respondents Commerce, as part of its continuing have been massive over a relatively determination or 45 days after our final determination whether these imports effort to reduce paperwork and short period of time, we preliminarily respondent burden, invites the general determine that there is a reasonable are materially injuring, or threaten material injury to, the U.S. industry. public and other Federal agencies to basis to believe or suspect that critical take this opportunity to comment on circumstances exist with respect to Public Comment proposed and/or continuing information exports of rebar from Turkey by collections, as required by the In accordance with 19 CFR § 353.38, Colakoglu, Ekinciler, Habas, IDC, and Paperwork Reduction Act of 1995, case briefs or other written comments in Metas. Public Law 104–13 (44 U.S.C. at least ten copies must be submitted to 3506(c)(2)(A)). Regarding all other exporters, because the Assistant Secretary for Import we find that critical circumstances exist Administration no later than January 6, DATES: Written comments must be for all investigated companies, we also 1997, and rebuttal briefs, no later than submitted on or before December 9, determine that critical circumstances January 13, 1997. A list of authorities 1996. exist for companies covered by the ‘‘All used and an executive summary of ADDRESSES: Direct all written comments Others’’ rate. issues should accompany any briefs to Linda Engelmeier, Acting We will make a final determination submitted to the Department. Such Departmental Forms Clearance Officer, concerning critical circumstances when summary should be limited to five pages Department of Commerce, Room 5327, we make our final determination of total, including footnotes. In accordance 14th and Constitution Avenue, NW, sales at less than fair value in this with 19 CFR § 353.38, we will hold a Washington DC 20230. investigation. public hearing, if requested, to afford FOR FURTHER INFORMATION CONTACT: Verification interested parties an opportunity to Requests for additional information or comment on arguments raised in case or copies of the information collection As provided in section 782(i) of the rebuttal briefs. Tentatively, the hearing instrument(s) and instructions should Act, we will verify all information will be held on January 16, 1997, time be directed to Patsy A. Bearden, determined to be acceptable for use in and place to be determined, at the U.S. National Marine Fisheries Service, making our final determination. Department of Commerce, 14th Street Alaska Region, P.O. Box 21668, Juneau, and Constitution Avenue, N.W., Alaska 99802, telephone number 907– Suspension of Liquidation Washington, D.C. 20230. Parties should 586–7228. confirm by telephone the time, date, and In accordance with section 733(e)(2) SUPPLEMENTARY INFORMATION: of the Act, we are directing the U.S. place of the hearing 48 hours before the Customs Service to suspend liquidation scheduled date. I. Abstract of all entries into the United States of Interested parties who wish to request The groundfish tagging program rebar from Turkey, as defined in the a hearing, or to participate if one is provides scientists with information ‘‘Scope of Investigation’’ section of this requested, must submit a written necessary for effective conservation, notice, that are entered, or withdrawn request to the Assistant Secretary for management, and scientific from warehouse, for consumption on or Import Administration, U.S. Department understanding of the groundfish fishery after the date which is 90 days prior to of Commerce, Room B–099, within ten off Alaska and the Northwest Pacific. the date of publication of this notice in days of the publication of this notice. The program area includes the Pacific the Federal Register. The Customs Requests should contain: (1) the party’s Ocean off Alaska (the Gulf of Alaska, the Service shall require a cash deposit or name, address, and telephone number; Bering Sea and Aleutian Islands Area, posting of a bond equal to the estimated (2) the number of participants; and (3) the Alexander Archipelago of Southeast margin amount by which the normal a list of the issues to be discussed. In Alaska), California, Oregon, and value of the subject merchandise accordance with 19 CFR § 353.38(b), Washington. Population dynamics, non- exceeds the United States Price as oral presentations will be limited to linear optimization, likelihood function, shown below. The suspension of issues raised in the briefs. If this and stock reduction analyses are used to liquidation will remain in effect until investigation proceeds normally, we estimate recruitment parameters and to further notice. will make our final determination by no assess stock sizes. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53209

II. Method of Collection ACTION: Notice of committee meeting. meeting of its Crustacean Plan Team and Hawaii Advisory Panel. This is a volunteer program requiring SUMMARY: The North Pacific Fishery FOR FURTHER INFORMATION CONTACT: the actual tag from the fish to be Management Council’s Industry Kitty M. Simonds, Executive Director, returned, along with recovery Implementation Team for the sablefish telephone: (808) 522–8220. information. All tags will be returned by and halibut individual fishing quota fishermen to NMFS, via U.S. (IFQ) fisheries will meet on October 17– Dated: October 4, 1996. government mail, in self-addressed 18, 1996. The meeting will begin at 1:00 Bruce Morehead, envelopes. These tags will be edited and p.m. on October 17, and continue Acting Director, Office of Sustainable entered into the computer data base. through October 18. Fisheries, National Marine Fisheries Service. Each person returning a tag will receive ADDRESSES: The meeting will be held in [FR Doc. 96–25965 Filed 10–9–96; 8:45 am] information on the release site, growth, Room G–45 of the Old Federal Building, BILLING CODE 3510±22±F depth and area changes, and a reward. 605 W. 4th Avenue, Anchorage, AK. III. Data Council address: North Pacific [I.D. 082196A] OMB Number: 0648–0276 Fishery Management Council, 605 W. Form Number: n/a 4th Ave., Suite 306, Anchorage, AK Marine Mammals; Permit No. 898 Type of Review: Regular Submission 99501–2252. (P772#65) Affected Public: Individuals, State and FOR FURTHER INFORMATION CONTACT: Jane Local Governments DiCosimo; telephone: (907) 271–2809. AGENCY: National Marine Fisheries Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: The Service (NMFS), National Oceanic and 1,000 agenda for the meeting will include the Atmospheric Administration (NOAA), Estimated Time Per Response: 5 following subjects: Commerce. minutes 1. Review of IFQ amendment ACTION: Issuance of amendment. Estimated Total Annual Burden Hours: proposals. 299 2. Review of current IFQ SUMMARY: Notice is hereby given that on Estimated Total Annual Cost to Public: amendments. September 12, 1996 permit no. 898, $0 3. Review of reports on the first full issued to The National Marine Fisheries year of the IFQ program. Service, Southwest Fisheries Science IV. Request for Comments Center, La Jolla, CA 92038, was Comments are invited on: (a) Whether Special Accommodations amended. the proposed collection of information These meetings are physically ADDRESSES: The amendment and related is necessary for the proper performance accessible to people with disabilities. documents are available for review of the functions of the agency, including Requests for sign language upon written request or by appointment whether the information shall have interpretation or other auxiliary aids in the following office(s): practical utility; (b) the accuracy of the should be directed to Helen Allen, 907– Permits Division, Office of Protected agency’s estimate of the burden 271–2809, at least 5 working days prior Resources, National Marine Fisheries (including hours and cost) of the to the meeting date. Service, 1315 East-West Highway, Suite proposed collection of information; (c) Dated: October 4, 1996. 13130 Silver Spring, MD 20910 (301/ ways to enhance the quality, utility, and 713–2289); Bruce Morehead, clarity of the information to be Director, Southwest Region, National collected; and (d) ways to minimize the Acting Director, Office of Sustainable Marine Fisheries Service, 501 West Fisheries, National Marine Fisheries Service. burden of the collection of information Ocean Boulevard, Suite 4200, Long on respondents, including through the [FR Doc. 96–25964 Filed 10–9–96; 8:45 am] Beach, CA 90802–4213 (310/980–4001); use of automated collection techniques BILLING CODE 3510±22±F and or other forms of information Coordinator, Pacific Area Office, technology. [I.D. 091696E] Southwest Region, National Marine Comments submitted in response to Fisheries Service, 2570 Dole Street, this notice will be summarized and/or Western Pacific Fishery Management Room 106, Honolulu, HI 96822–2396 included in the request for OMB Council; Public Meetings (808/973–2987). approval of this information collection; SUPPLEMENTARY INFORMATION: The AGENCY: National Marine Fisheries they also will become a matter of public subject amendment has been issued record. Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), under the authority of the Marine Dated: October 1, 1996. Commerce. Mammal Protection Act of 1972, as Linda Engelmeier, amended (16 U.S.C. 1361 et seq.), the ACTION: Notice of revision. Acting Departmental Forms Clearance provisions of § 216.39 of the regulations Officer, Office of Management and SUMMARY: A public meeting of the governing the taking and importing of Organization. Western Pacific Fishery Management marine mammals (50 CFR Part 216), the [FR Doc. 96–26026 Filed 10–9–96; 8:45 am] Council’s Crustacean Plan Team which Endangered Species Act of 1973, as BILLING CODE 3510±22±P is scheduled for October 21, 1996, was amended (16 U.S.C. 1531 et seq.), and published in the Federal Register on the provisions of § 222.25 of the September 23, 1996. The following regulations governing the taking, [I.D. 100296F] change is made to the SUMMARY. All importing, and exporting of endangered North Pacific Fishery Management other information originally published fish and wildlife (50 CFR Part 222). Council; Committee Meeting remains unchanged. The permittee is authorized to Revision: capture, restrain, sedate, and instrument AGENCY: National Marine Fisheries Under ‘‘SUMMARY’’ at 61 FR 49734 in up to 25 adult and subadult Hawaiian Service (NMFS), National Oceanic and the original notice, change to read: monk seals. Twelve of these animals Atmospheric Administration (NOAA), The Western Pacific Fishery (either adult or subadult males) may be Commerce. Management Council will hold a instrumented with portable camcorders. 53210 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

The permit has been amended to allow The current limits for certain Sincerely, for flexibility in the use of currently categories are being increased, Troy H. Cribb, authorized instruments (i.e., satellite- variously, for carryforward and Chairman, Committee for the Implementation linked time-depth recorders using carryover. of Textile Agreements. ARGOS technology; satellite-linked A description of the textile and [FR Doc. 96–26028 Filed 10–9–96; 8:45 am] time-depth recorders using Global apparel categories in terms of HTS BILLING CODE 3510±DR±F Positioning technology (GPS); and video numbers is available in the cameras) on the 11 monk seals CORRELATION: Textile and Apparel remaining to be instrumented at French Categories with the Harmonized Tariff Request for Public Comments on Frigate Shoals. These animals may be Schedule of the United States (see Bilateral Textile Consultations on instrumented with satellite-linked time- Federal Register notice 60 FR 65299, Woven Wool Shirts and Blouses; depth recorders, GPS units, or published on December 19, 1995). Also Correction camcorders. This amendment involves see 60 FR 62403, published on October 4, 1996. no increase in the originally authorized December 6, 1995. take. In the third column of the notice Issuance of this amended permit as The letter to the Commissioner of published in the Federal Register on required by the ESA was based on a Customs and the actions taken pursuant May 23, 1995 (60 FR 27274), the date of finding that such amendment: (1) Was to it are not designed to implement all the document should be corrected to applied for in good faith; (2) will not of the provisions of the Uruguay Round ‘‘May 17, 1995’’ from ‘‘April 17, 1995.’’ operate to the disadvantage of the Agreements Act and the Uruguay Round Troy H. Cribb, endangered species which is the subject Agreement on Textiles and Clothing, but Chairman, Committee for the Implementation of this amended permit; and (3) is are designed to assist only in the of Textile Agreements. consistent with the purposes and implementation of certain of their [FR Doc. 96–26029 Filed 10–09–96; 8:45 am] provisions. policies set forth in section 2 of the BILLING CODE 3510±DR±F ESA. Troy H. Cribb, Dated: October 3, 1996. Chairman, Committee for the Implementation of Textile Agreements. Ann D. Terbush, DEPARTMENT OF EDUCATION Committee for the Implementation of Textile Chief, Permits & Documentation Division, Notice of Proposed Information Office of Protected Resources, National Agreements Marine Fisheries Service. October 4, 1996. Collection Requests [FR Doc. 96–25824 Filed 10–9–96; 8:45 am] Commissioner of Customs, AGENCY: Department of Education. BILLING CODE 3510±22±F Department of the Treasury, Washington, DC ACTION: Proposed collection; comment 20229. request. Dear Commissioner: This directive COMMITTEE FOR THE amends, but does not cancel, the directive SUMMARY: The Director, Information IMPLEMENTATION OF TEXTILE issued to you on November 30, 1995, by the Resources Group, invites comments on AGREEMENTS Chairman, Committee for the Implementation the proposed information collection of Textile Agreements. That directive requests as required by the Paperwork Adjustment of Import Limits for Certain concerns imports of certain cotton, wool and Reduction Act of 1995. man-made fiber textile products, produced or Cotton Textile Products Produced or DATES: Interested persons are invited to Manufactured in Singapore manufactured in Singapore and exported submit comments on or before during the twelve-month period which began December 9, 1996. October 4, 1996. on January 1, 1996 and extends through AGENCY: Committee for the December 31, 1996. ADDRESSES: Written comments and Implementation of Textile Agreements Effective on October 10, 1996, you are requests for copies of the proposed (CITA). directed to increase the limits for the information collection requests should be addressed to Patrick J. Sherrill, ACTION: Issuing a directive to the following categories, as provided for under Commissioner of Customs increasing the Uruguay Round Agreements Act and the Department of Education, 600 limits. Uruguay Round Agreement on Textiles and Independence Avenue, S.W., Room Clothing: 5624, Regional Office Building 3, EFFECTIVE DATE: October 10, 1996. Washington, DC 20202–4651. Adjusted twelve-month FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Category limit Janet Heinzen, International Trade Patrick J. Sherrill (202) 708–8196. Specialist, Office of Textiles and 331 ...... 499,006 dozen pairs. Individuals who use a Apparel, U.S. Department of Commerce, 338/339 ...... 1,271,521 dozen of telecommunications device for the deaf (202) 482–4212. For information on the which not more than (TDD) may call the Federal Information quota status of these limits, refer to the 756,822 dozen shall Relay Service (FIRS) at 1–800–877–8339 Quota Status Reports posted on the be in Category 338 between 8 a.m. and 8 p.m., Eastern time, bulletin boards of each Customs port or and not more than Monday through Friday. call (202) 927–6716. For information on 841,492 dozen shall be in Category 339. SUPPLEMENTARY INFORMATION: Section embargoes and quota re-openings, call 3506 of the Paperwork Reduction Act of (202) 482–3715. 1 The limits have not been adjusted to ac- 1995 (44 U. S. C. Chapter 35) requires count for any imports exported after December that the Office of Management and SUPPLEMENTARY INFORMATION: 31, 1995. Authority: Executive Order 11651 of March Budget (OMB) provide interested The Committee for the Implementation of 3, 1972, as amended; section 204 of the Federal agencies and the public an early Agricultural Act of 1956, as amended (7 Textile Agreements has determined that opportunity to comment on information U.S.C. 1854); Uruguay Round Agreements these actions fall within the foreign affairs collection requests. OMB may amend or Act. exception to the rulemaking provisions of 5 waive the requirement for public U.S.C. 553(a)(1). Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53211 consultation to the extent that public DEPARTMENT OF ENERGY authorization to sell power at market- participation in the approval process based rates, and for certain waivers and would defeat the purpose of the Federal Energy Regulatory authorizations. In particular, Market information collection, violate State or Commission Energy requested that the Commission Federal law, or substantially interfere grant blanket approval under 18 CFR [Docket No. RP97±11±000] with any agency’s ability to perform its Part 34 of all future issuances of statutory obligations. The Director of the ANR Pipeline Company; Notice of securities and assumptions of liabilities Information Resources Group publishes Proposed Changes in FERC Gas Tariff by Market Energy. On September 27, this notice containing proposed 1996, the Commission issued an Order information collection requests prior to October 4, 1996. Conditionally Accepting For Filing submission of these requests to OMB. Take notice that on October 1, 1996, Proposed Market-Based Rates And Each proposed information collection, ANR Pipeline Company (ANR) tendered Establishing Hearing Procedures grouped by office, contains the for filing as part of its FERC Gas Tariff, (Order), in the above-docketed following: (1) Type of review requested, Second Revised Volume No. 1, the proceeding. e.g., new, revision, extension, existing following tariff sheets, to become The Commission’s September 27, or reinstatement; (2) Title; (3) Summary effective November 1, 1996: of the collection; (4) Description of the 1996 Order granted the request for need for, and proposed use of, the Second Revised Sheet No. 49 blanket approval under Part 34, subject information; (5) Respondents and Original Sheet No. 49A to the conditions found in Ordering frequency of collection; and (6) ANR states that the above-referenced Paragraphs (G), (H), and (J): Reporting and/or Recordkeeping sheets are being filed to revise Rate (G) Within 30 days of the date of this burden. OMB invites public comment at Schedule FSS, Firm Storage Service. order, any person desiring to be heard the address specified above. Copies of The purpose of the proposed changes is or to protest the Commission’s blanket the requests are available from Patrick J. to increase flexibility of FSS Storage approval of issuances of securities or Sherrill at the address specified above. service to allow ANR Shippers to assumptions of liabilities by Market The Department of Education is withdraw quantities from their FSS Energy should file a motion to intervene especially interested in public comment account beyond the level injected or protest with the Federal Energy addressing the following issues: (1) Is pursuant to the overrun provision of Regulatory Commission, 888 First this collection necessary to the proper Rate Schedule FSS, subject to Street, N.E., Washington, D.C. 20426, in functions of the Department, (2) will interruption and ANR’s system accordance with Rules 211 and 214 of this information be processed and used operating requirements. the Commission’s Rules of Practice and in a timely manner, (3) is the estimate Any person desiring to be heard or to Procedure, 18 CFR 385.211 and 385.214. of burden accurate, (4) how might the protest this filing should file a motion (H) Absent a request to be heard Department enhance the quality, utility, to intervene or protest with the Federal and clarity of the information to be Energy Regulatory Commission, 888 within the period set forth in Ordering collected, and (5) how might the First Street, N.E., Washington, D.C. Paragraph (G) above, Market Energy is Department minimize the burden of this 20426, in accordance with 18 CFR hereby authorized, pursuant to Section collection on the respondents, including 385.214 and 385.211 of the 204 of the FPA, to issue securities and through the use of information Commission’s Rules and Regulations. assume obligations and liabilities as technology. All such motions or protests must be guarantor, endorser, surety or otherwise Dated: October 4, 1996. filed in accordance with Section in respect of any security of another person; provided that such issue or Gloria Parker, 154.210 of the Commission’s assumption is for some lawful object Director, Information Resources Group. Regulations. Protests will be considered by the Commission in determining within the corporate purposes of Market Office of Postsecondary Education appropriate action to be taken, but will Energy, compatible with the public not serve to make protestants parties to interest, and reasonably necessary or Type of Review: Reinstatement. appropriate for such purposes. Title: Performance Report for the the proceeding. Any person wishing to Ronald E. McNair Postbaccalaureate become a party must file a motion to (J) The Commission reserves the right Achievement Program. intervene. Copies of this filing are on to modify this order to require a further Frequency: Semi-annually. file with the Commission in the Public showing that neither public nor private Affected Public: Not-for-Profit Reference Room. interests will be adversely affected by Institutions. Lois D. Cashell, continued Commission approval of Annual Reporting and Recordkeeping Secretary. Market Energy’s issuances of securities Hour Burden: [FR Doc. 96–25997 Filed 10–9–96; 8:45 am] or assumptions of liabilities. * ** Responses: 99. BILLING CODE 6717±01±M Notice is hereby given that the Burden Hours: 891. deadline for filing motions to intervene Abstract: Ronald E. McNair or protests, as set forth above, is October Postbaccalaureate Achievement Program [Docket Nos. ER96±371±000 and ER95± 28, 1996. grantees are required to submit annual 1295±000] performance reports. The reports are Copies of the full text of the Order are used to evaluate project Cleveland Electric Illuminating available from the Commission’s Public accomplishments, compliance, prior Company and Market Responsive Reference Branch, 888 First Street, N.E., experience, and collect impact data for Energy, Inc.; Notice of Issuance of Washington, D.C. 20426. budget submissions and Congressional Order Lois D. Cashell, hearings. October 7, 1996. Secretary. [FR Doc. 96–26036 Filed 10–9–96; 8:45 am] Market Responsive Energy, Inc. [FR Doc. 96–26059 Filed 10–9–96; 8:45 am] BILLING CODE 4000±01±P (Market Energy) filed an application for BILLING CODE 6717±01±M 53212 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

[Docket No. CP96±815±000] authorization pursuant to Section 7 of showing that neither public nor private the Natural Gas Act. interests will be adversely affected by Columbia Gulf Transmission Lois D. Cashell, continued Commission approval of DPL Company; Notice of Request Under Secretary. Energy’s or TPC’s issuances of securities Blanket Authorization [FR Doc. 96–26058 Filed 10–9–96; 8:45 am] or assumptions of liabilities. * ** Notice is hereby given that the October 4, 1996. BILLING CODE 6717±01±M deadline for filing motions to intervene Take notice that on September 26, or protests, as set forth above, is October 1996, Columbia Gulf Transmission [Docket Nos. ER96±2601±000, ER96±2602± 30, 1996. Company (Columbia Gulf), 1700 000, and ER96±2658±000 (Not Copies of the full text of the Order are MacCorkle Avenue, S.E., Charleston, consolidated)] available from the Commission’s Public West Virginia 25314–1599, filed in Reference Branch, 888 First Street, N.E., DPL Energy, Inc., Dayton Power & Washington, D.C. 20426. Docket No. CP96–815–000 a request Light Company, and TPC Corporation; Lois D. Cashell, pursuant to Sections 157.205 and Notice of Issuance of Order 157.211 of the Commission’s Secretary. Regulations under the Natural Gas Act October 7, 1996. [FR Doc. 96–26058 Filed 10–9–96; 8:45 am] (18 CFR 157.205, 157.211) for DPL Energy, Inc. (DPL Energy) and BILLING CODE 6717±01±M authorization to construct and operate a TPC Corporation (TPC), filed respective new delivery point to accommodate applications for authorization to sell [Docket No. RP97±13±000] deliveries of gas to the City of Pontotoc power at market-based rates, and for (Pontotoc) in Pontotoc County, certain waivers and authorizations. In East Tennessee Natural Gas Company; Mississippi, under Columbia’s blanket particular, DPL Energy and TPC Notice of Proposed Changes in FERC certificate issued in Docket No. CP83– requested that the Commission grant Gas Tariff 496–000, pursuant to Section 7 of the blanket approval under 18 CFR Part 34 Natural Gas Act, all as more fully set of all future issuances of securities and October 4, 1996. Take notice that on October 1, 1996, forth in the request that is on file with assumptions of liabilities by DPL Energy East Tennessee Natural Gas Company the Commission and open to public and TPC. On September 30, 1996, the (East Tennessee) tendered for filing as inspection. Commission issued an Order Conditionally Accepting For Filing part of its FERC Gas Tariff, Second Columbia Gulf proposes to construct Proposed Market-Based Tariffs And Revised Volume No. 1, the following and operate the new delivery point, in Granting And Denying Waivers And revised tariff sheets, to be effective order to deliver up to 400 dt equivalent Authorizations (Order), in the above- November 1, 1996: of natural gas per day to Pontotoc on a docketed proceedings. First Revised Sheet No. 10 peak day and up to 146,000 dt The Commission’s September 30, First Revised Sheet No. 11 equivalent on an annual basis. It is 1996 Order granted the requests for First Revised Sheet No. 21 stated that the end uses of the gas will blanket approval under Part 34, subject Original Sheet No. 21A be residential, commercial and to the conditions found in Ordering Second Revised Sheet No. 30 industrial. Columbia Gulf proposes to Original Sheet No. 30A Paragraphs (G), (H), and (J): First Revised Sheet No. 42 transport gas on a firm, backhaul basis, (G) Within 30 days of the date of this First Revised Sheet No. 116 under its FTS rate schedule. The cost of order, any person desiring to be heard First Revised Sheet No. 130 the facilities is estimated at $170,000, or to protest the Commission’s blanket First Revised Sheet No. 145 for which Columbia Gulf will be fully approval of issuances of securities or First Revised Sheet No. 154 reimbursed by Pontotoc. It is asserted assumptions of liabilities by DPL Energy First Revised Sheet No. 155 that because the deliveries will be the or TPC should file a motion to intervene East Tennessee states that the revised result of backhaul transportation, there or protest with the Federal Energy tariff sheets reflect conforming changes will be no impact on Columbia’s peak Regulatory Commission, 888 First to East Tennessee’s tariff to permit East day obligations to its other customers Street, N.W., Washington, D.C. 20426, in Tennessee to charge negotiated rates for resulting from the proposed delivery accordance with Rules 211 and 214 of its transportation and storage services in point. the Commission’s Rules of Practice and accordance with the Statement of Policy Procedure, 18 CFR 385.211 and issued on January 31, 1996 in Docket Any person or the Commission’s staff 385.214). No. RM95–6–000 (74 FERC ¶ 61,076). may, within 45 days after issuance of (H) Absent a request to be heard Any person desiring to be heard or to the instant notice by the Commission, within the period set forth in Ordering make any protest with reference to said file pursuant to Rule 214 of the Paragraph (G) above, DPL Energy and filing should file a motion to intervene Commission’s Procedural Rules (18 CFR TPC each is hereby authorized, pursuant or protest with the Federal Energy 385.214) a motion to intervene or notice to Section 204 of the FPA, to issue Regulatory Commission, 888 First Street of intervention and pursuant to Section securities and to assume obligations and NE., Washington, DC 20426, in 157.205 of the Regulations under the liabilities as guarantor, endorser, surety accordance with the requirements of the Natural Gas Act (18 CFR 157.205) a or otherwise in respect of any security Commission’s Rules of Practice and protest to the request. If no protest is of another person; provided that such Procedure (18 CFR 385.214 or 385.211). filed within the time allowed therefor, issue or assumption is for some lawful All such motions or protests must be the proposed activity shall be deemed to object within the corporate purposes of filed as provided in Section 154.210 of be authorized effective the day after the DPL Energy or TPC, respectively, the Commission’s Regulations. Protests time allowed for filing a protest. If a compatible with the public interest, and will be considered by the Commission protest is filed and not withdrawn reasonably necessary or appropriate for in determining the appropriate action to within 30 days after the time allowed such purposes. be taken, but will not serve to make the for filing a protest, the instant request (J) The Commission reserves the right protestants parties to the proceeding. shall be treated as an application for to modify this order to require a further Any person wishing to become a party Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53213 must file a petition to intervene. Copies Eighth Revised Sheet No. 1–H the Gas Industry Standards Board of this filing are on file with the El Paso states that in the Final Rule, (GISB). FGT states that, in compliance Commission and are available for public the Commission adopted the Gas with Order No. 587, it will file the final inspection in the Public Reference Industry Standards Board (GISB) tariff sheets implementing the GISB Room. standards and amended its Regulations. standards to become effective on April Lois D. Cashell, El Paso states that it is filing to revise 1, 1997. Secretary. its Tariff to conform to the GISB. Any person desiring to be heard or to [FR Doc. 96–25985 Filed 10–9–96; 8:45 am] El Paso also requested waiver of the protest said filing should file a motion BILLING CODE 6717±01±M Commission’s Regulations, as necessary, to intervene or protest with the Federal to allow El Paso and its shippers to Energy Regulatory Commission, 888 defer implementation of GISB Standard First Street, NE., Washington, DC 20426, [Docket No. RP97±20±000] 1.3.1 until April 6, 1997. El Paso states in accordance with the Commission’s that without grant of this waiver, El Rules and Regulations and Order No. El Paso Natural Gas Company; Notice Paso and its shippers would be required 587. All such motions or protests must of Compliance Filing to adjust the gas on April 1, 1997 and be filed as provided in Section 154.210 October 4, 1996. again five days later on April 6, 1997 to of the Commission’s Regulations on or Take notice that on October 1, 1996, reflect the springtime adjustment to before October 22, 1996. Protests will be El Paso Natural Gas Company (El Paso) Daylight Savings Time. considered by the Commission in pursuant to Subpart C of Part 154 of the El Paso states that copies of the filing determining the appropriate action to be Commission’s Regulations Under the were served upon all of El Paso’s taken, but will not serve to make Natural Gas Act and Order No. 587, interstate pipeline system sales and protestants parties to the proceeding. Final Rule and Order Establishing transportation customers and interested Any person wishing to become a party Compliance Schedule, issued July 17, state regulatory commissions. must file a motion to intervene. Copies 1996 at Docket No. RM96–1–000, (Final Any person desiring to be heard or to of this filing are on file with the Rule), tendered for filing as part of its protest said filing should file a motion Commission and are available for public FERC Gas Tariff, the following pro to intervene or protest with the Federal inspection in the Public Reference forma tariff sheets, to be effective April Energy Regulatory Commission, 888 Room. 1, 1997. First Street, N.E., Washington, D.C. Lois D. Cashell, 20426, in accordance with Sections Secretary. Pro Forma Third Revised Volume No. 1 385.214 and 385.211 of the [FR Doc. 96–25999 Filed 10–9–96; 8:45 am] First Revised Sheet Nos. 301–302 Commission’s Rules and Regulations. BILLING CODE 6717±01±M First Revised Sheet No. 309 All such motions or protests must be First Revised Sheet No. 313 filed as provided in Section 154.210 of Second Revised Sheet No. 314 [Docket No. RP97±23±000] First Revised Sheet Nos. 315–317 the Commission’s Regulations on or before October 22, 1996. Protests will be Pro Forma Second Revised Volume No. 1–A considered by the Commission in Koch Gateway Pipeline Company; Tenth Revised Sheet No. 24 determining appropriate action to be Notice of Proposed Changes in FERC First Revised Sheet No. 201 taken, but will not serve to make Gas Tariff Second Revised Sheet No. 202 protestants parties to the proceeding. October 4, 1996. First Revised Sheet No. 206 Any person wishing to become a party Second Revised Sheet No. 210 Take notice that on October 2, 1996, must file a motion to intervene. Copies Original Sheet No. 210A Koch Gateway Pipeline Company of this filing are on file with the First Revised Sheet No. 211 (Koch) tendered for filing as part of its Commission and are available for public Second Revised Sheet No. 212 FERC Gas Tariff, Fifth Revised Volume inspection in the Public Reference Third Revised Sheet No. 214 No. 1, the following tariff sheet, to Second Revised Sheet Nos. 215–217 Room. become effective November 1, 1996: Original Sheet No. 217A Lois D. Cashell, Second Revised Sheet No. 237 Secretary. First Revised Sheet No. 720 First Revised Sheet Nos. 238–240 Second Revised Sheet No. 271 [FR Doc. 96–25990 Filed 10–9–96; 8:45 am] Koch states that the proposed sheet is First Revised Sheet No. 285 BILLING CODE 6717±01±M being filed to modify the boundaries of First Revised Sheet Nos. 289–290 Koch’s Pooling Areas on Koch’s Pooling Second Revised Sheet No. 294 map to reflect actual operating Second Revised Sheet Nos. 303–304 [Docket No. RP97±21±000] conditions. The physical pooling Second Revised Sheet No. 309 locations will remain intact. The map Second Revised Sheet No. 335 Florida Gas Transmission Company; Notice of Filing of Pro Forma Tariff revision will simplify the management First Revised Sheet Nos. 336–337 of pooling transactions for both Third Revised Sheet Nos. 338–339 Sheets Original Sheet No. 339A Customers and Koch. Third Revised Sheet No. 340 October 4, 1996. Any person desiring to be heard or to First Revised Sheet No. 341 Take notice that on October 1, 1996, protest this filing should file a motion First Revised Sheet No. 343 Florida Gas Transmission Company to intervene or protest with the Federal Second Revised Sheet No. 344 (FGT) tendered for filing the pro forma Energy Regulatory Commission, 888 Third Revised Sheet No. 345 tariff sheets listed on Attachment A to First Street, N.E., Washington, D.C. Original Sheet No. 345A the filing. 20426, in accordance with Sections First Revised Sheet Nos. 346–347 FGT states that the instant filing is in 385.214 and 385.211 of the Second Revised Sheet No. 348 compliance with the provisions of Order Commission’s rules and regulations. All Original Sheet No. 348A First Revised Sheet Nos. 350–352 No. 587 issued July 17, 1996 in Docket such motions or protests must be filed No. RM96–1–000 and sets forth the as provided by Section 154.210 of the Pro Forma Third Revised Volume No. 2 proposed changes to FGT’s tariff Commission’s Regulations. Protests will Fifth Revised Sheet No. 1–G required to implement the Standards of be considered by the Commission in 53214 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices determining the appropriate action to be inspection in the Public Reference [Docket No. RP97±19±000] taken, but will not serve to make Room. protestants parties to the proceeding. Mojave Pipeline Company; Notice of Lois D. Cashell, Compliance Filing Any person wishing to become a part Secretary. must file a motion to intervene. Copies [FR Doc. 96–25986 Filed 10–9–96; 8:45 am] October 4, 1996. of this filing are on file with the Take notice that on October 1, 1996, BILLING CODE 6717±01±M Commission and are available for public Mojave Pipeline Company (Mojave), inspection in the Public Reference pursuant to Subpart C of Part 154 of the Room. Commission’s Regulations Under the Lois D. Cashell, [Docket No. TM97±2±25±000] Natural Gas Act and Order No. 587, Secretary. Final Rule and Order Establishing Mississippi River Transmission [FR Doc. 96–25991 Filed 10–9–96; 8:45 am] Compliance Schedule, issued July 17, Corporation; Notice of Proposed BILLING CODE 6717±01±M 1996 at Docket No. RM96–1–000, (Final Changes in FERC Gas Tariff Rule), tendered for filing to become part October 4, 1996. of its FERC Gas Tariff, Volume No. 1, [Docket No. RP97±14±000] the following pro forma tariff sheets, to Take notice that on October 1, 1996, be effective April 1, 1997. Mississippi River Transmission Midwestern Gas Transmission Corporation (MRT) submitted for filing Pro Forma Second Revised Volume No. 1 Company; Notice of Proposed First Revised Sheet No. 22 Changes in FERC Gas Tariff to become part of its FERC Gas Tariff, Third Revised Volume No. 1, the First Revised Sheet Nos. 29–31 Original Sheet No. 31A October 4, 1996. following tariff sheets, with a proposed First Revised Sheet No. 32 Take notice that on October 1, 1996, effective date of November 1, 1996: First Revised Sheet Nos. 34–35 Midwestern Gas Transmission Company Nineteenth Revised Sheet No. 5 First Revised Sheet No. 38 (Midwestern) tendered for filing as part Original Sheet No. 38A Nineteenth Revised Sheet No. 6 First Revised Sheet No. 52 of its FERC Gas Tariff, Second Revised Sixteenth Revised Sheet No. 7 First Revised Sheet No. 58 Volume No. 1, the following revised Seventh Revised Sheet No. 8 First Revised Sheet No. 63 tariff sheets, to be effective November 1, First Revised Sheet Nos. 102–103 1996: MRT states that the purpose of the First Revised Sheet Nos. 110–113 filing is to adjust the Fuel Use and Loss Second Revised Sheet No. 117 First Revised Sheet No. 14 Original Sheet No. 117A Original Sheet No. 14A Percentages under its Rate Schedules Second Revised Sheet No. 128 First Revised Sheet No. 20 FTS, SCT, ITS, FSS and ISS pursuant to First Revised Sheet No. 133 First Revised Sheet No. 21 Section 24 of the General Terms and First Revised Sheet No. 25 Conditions of its FERC Gas Tariff, Third Mojave states that in the Final Rule, First Revised Sheet No. 26 Revised Volume No. 1. the Commission adopted the Gas First Revised Sheet No. 64 MRT states that a copy of its filing has Industry Standards Board (GISB) First Revised Sheet No. 81 standards and amended its Regulations. been served on all of its customers and First Revised Sheet No. 100 Mojave states that it is filing to revise its the State Commissions of Arkansas, Midwestern states that the revised Tariff to conform to the GISB Standards. Illinois and Missouri. Mojave also requested waiver of the tariff sheets reflect conforming changes Any person desiring to be heard or to Commission’s Regulations, as necessary, to Midwestern’s tariff to permit protest this filing should file a motion to allow Mojave and its shippers to Midwestern to charge negotiated rates to intervene or protest with the Federal defer implementation of GISB Standard for its transportation and storage Energy Regulatory Commission, 888 1.3.1 until April 6, 1997. Mojave states services in accordance with the that without grant of this waiver, Statement of Policy issued on January First Street NE., Washington, DC 20426, Mojave and its shippers would be 31, 1996 in Docket No. RM95–6–000 (74 in accordance with 18 CFR 385.214 and required to adjust the gas day on April FERC ¶ 61,076). 385.211 of the Commission’s Rules and Regulations. All such motions or protest 1, 1997 and again five days later on Any person desiring to be heard or to must be filed as provided in Section April 6, 1997 to reflect the springtime make any protest with reference to said 154.210 of the Commission’s adjustment to Daylight Savings Time. filing should file a motion to intervene Regulations. Protests will be considered Mojave states that copies of the filing or protest with the Federal Energy were served upon all of Majave’s by the Commission in determining the Regulatory Commission, 888 First Street interstate pipeline system transportation appropriate action to be taken, but will N.E., Washington, D.C. 20426, in customers and interested state not serve to make the protestants parties accordance with the requirements of the regulatory commissions. Commission’s Rules of Practice and to the proceeding. Any person wishing Any person desiring to be heard or to Procedure (18 CFR 385.214 or 385.211). to become a party must file a motion to protest said filing should file a motion All such motions or protests must be intervene. Copies of this filing are on to intervene or protest with the Federal filed as provided in Section 154.210 of file with the Commission and are Energy Regulatory Commission, 888 the Commission’s Regulations. Protests available for public inspection in the First Street, N.E., Washington, D.C. will be considered by the Commission Public Reference Room. 20426, in accordance with Sections in determining the appropriate action to Lois D. Cashell, 385.214 and 385.211 of the be taken, but will not serve to make the Secretary. Commission’s Rules and Regulations. protestants parties to the proceeding. [FR Doc. 96–26001 Filed 10–9–96; 8:45 am] All such motions or protests must be Any person wishing to become a party filed as provided in Section 154.210 of BILLING CODE 6717±01±M must file a petition to intervene. Copies the Commission’s Regulations on or of this filing are on file with the before October 22, 1996. Protests will be Commission and are available for public considered by the Commission in Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53215 determining appropriate action to be [Docket No. TM97±1±31±000] Federal Energy Regulatory Commission, taken, but will not serve to make 888 First Street, N.E., Washington, D.C. protestants parties to the proceedings. NorAm Gas Transmission Company; 20426, in accordance with Rule 211 of Any person wishing to become a party Notice of Proposed Changes in FERC the Commission’s Rules of Practice and must file a motion to intervene. Copies Gas Tariff Procedure (18 CFR 385.211). All such of this filing are on file with the October 4, 1996. protests must be filed as provided in Commission and are available for public Take notice that on October 1, 1996, Section 154.210 of the Commission’s inspection in the Public Reference NorAm Gas Transmission Company regulations. Protests will be considered Room. (NGT), tendered for filing to become by the Commission in determining the Lois D. Cashell, part of its FERC Gas Tariff, Fourth appropriate action to be taken, but will Secretary. Revised Volume No. 1, the following not serve to make protestant parties to [FR Doc. 96–25989 Filed 10–9–96; 8:45 am] revised tariff sheets, to be effective the proceeding. Copies of this filing are on file with the Commission and are BILLING CODE 6717±01±M November 1, 1996: available for public inspection. Fourth Revised Sheet No. 5 Lois D. Cashell, Fourth Revised Sheet No. 6 [Docket No. RP96±331±002] Secretary. NGT states that these revised tariff [FR Doc. 96–26003 Filed 10–9–96; 8:45 am] sheets are filed to adjust NGT’s fuel National Fuel Gas Supply Corporation; BILLING CODE 6717±01±M Notice of Withdrawal of Proposed percentages pursuant to Tariff Sheet No. Tariff Sheets 321A, contained in Docket No. RP94– 343, as filed on February 12, 1996. October 4, 1996. Any person desiring to be heard or [Docket No. RP97±22±000] protest as said filing should file a Take notice that on September 30, motion to intervene or protest with the Northern Border Pipeline Company; 1996, National Fuel Gas Supply Federal Energy Regulatory Commission, Notice of Proposed Changes in FERC Corporation (National) tendered for 888 First Street, N.E., Washington, D.C. Gas Tariff filing a Notice of Withdrawal of certain 20426, in accordance with Rules 214 proposed tariff sheets to be part of its October 4, 1996. and 211 of the Commission’s Rules of FERC Gas Tariff, Third Revised Volume Practice and Procedure (18 CFR 385.211 Take notice that on October 1, 1996, No. 1, that National filed on September and 385.214). All such motions and Northern Border Pipeline Company 16, 1996. National is proposing to protests must be filed as provided in (Northern Border) tendered for filing withdraw the following proposed tariff Section 154.210 of the Commission’s proforma Second Revised Volume No. 1 sheets: Regulations. Protests will be considered of its FERC Gas Tariff, with an effective Second Revised Sheet No. 131GG by the Commission in determining the date of April 1, 1997: Second Revised Sheet No. 131HH appropriate action to be taken, but will Northern Border states that the First Revised Sheet No. 131II not serve to make protestants parties to purpose of this compliance filing is to Second Revised Sheet No. 131PP the proceeding. Any person wishing to conform Northern Border’s tariff to the National states that these sheets were become a party must file a motion to requirements of Order No. 587. mistakenly included in the filing and intervene. Copies of this filing are on Northern Border states that copies of the withdrawal of these sheets has no file with the Commission and available this filing have been sent to all of effect on its proposed changes for public inspection. Northern Border’s contracted shippers. submitted in Docket No. RP96–331, et Lois D. Cashell, Any person desiring to be heard or to al. Secretary. protest this filing should file a motion National states that it is serving copies [FR Doc. 96–26000 Filed 10–9–96; 8:45 am] to intervene or protest with the Federal of this filing upon its firm customers BILLING CODE 6717±01±M Energy Regulatory Commission, 888 and interested state commissions. First Street, N.E., Washington, DC Any person to protest said filing [Docket No. RP96±200±000] 20426, in accordance with Section should file a protest with the Federal 385.214 and Section 385.211 of the Energy Regulatory Commission, 888 NorAm Gas Transmission Company; Commission’s Rules and Regulations. First Street, N.E., Washington, DC Notice of Proposed Changes in FERC All such motions or protests must be 20426, in accordance with Section Gas Tariff filed as provided in Section 154.210 of 385.211 of the Commission’s Rules and the Commission’s Regulations on or Regulations. All such protests must be October 4, 1996. before October 22, 1996. Protests will be filed as provided in Section 154.210 of Take notice that on October 1, 1996, considered by the Commission in the Commission’s Regulations. Protests NorAm Gas Transmission Company determining the appropriate action to be will be considered by the Commission (NGT) tendered for filing to become part taken, but will not serve to make in determining the appropriate action to of its FERC Gas Tariff, Fourth Revised protestants parties to the proceeding. be taken, but will not serve to make Volume No. 1, the following revised Any person wishing to become a party Protestants parties to the proceeding. tariff sheet to be effective October 1, must file a motion to intervene. Copies Copies of this filing are on file with the 1996: of this filing are on file with the Commission and are available for public Sixth Revised Sheet No. 7 Commission and are available for public inspection in the Public Reference inspection in the Public Reference NGT states that this tariff sheet is filed Room. Room. herewith to reflect specific negotiated Lois D. Cashell, rate transactions for the month of Lois D. Cashell, Secretary. October, 1996. Secretary. [FR Doc. 96–26002 Filed 10–9–96; 8:45 am] Any person desiring to protest said [FR Doc. 96–26005 Filed 10–9–96; 8:45 am] BILLING CODE 6717±01±M filing should file a protest with the BILLING CODE 6717±01±M 53216 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

[Docket No. RP97±17±000] of this filing are on file with the (Northern), tendered for filing to become Commission and are available for public part of Northern’s FERC Gas Tariff, Fifth Northern Natural Gas Company; Notice inspection. Revised Volume No. 1, the following of Proposed Changes in FERC Gas Lois D. Cashell, tariff sheet, with a proposed effective Tariff Secretary. date of November 1, 1996: October 4, 1996. [FR Doc. 96–25984 Filed 10–9–96; 8:45 am] Sixth Revised Sheet No. 68 Take notice that on October 1, 1996, BILLING CODE 6717±01±M Northern states that the filing, Northern Natural Gas Company pursuant to Northern’s commitment in (Northern), tendered for filing to become [Docket No. RP97±16±000] Docket Nos. RP94–3, RP94–415 and part of Northern’s FERC Gas Tariff, Fifth RP95–137, and RP96–130 reconciles Revised Volume No. 1, the following Northern Natural Gas Company; Notice over and underrecovery for Reverse pro forma tariff sheets proposed to be of Proposed Changes in FERC Gas Auction expenses solely attributable to effective April 1, 1997: Tariff changes in FERC interest rates and Pro Forma Sheet No. 202 adjusts accordingly the direct bill Pro Forma Sheet No. 203 October 4, 1996. amounts by shipper. Northern has filed Pro Forma Sheet No. 204 Take notice that on October 1, 1996, Sixth Revised Sheet No. 68 to reflect Pro Forma Sheet No. 205 Northern Natural Gas Company these amounts in its Tariff and will Pro Forma Sheet No. 212 (Northern), tendered for filing to become commence billing such amounts Pro Forma Sheet No. 215 part of its FERC Gas Tariff, Fifth Revised effective November 1, 1996. Pro Forma Sheet No. 216 Northern states that copies of the Pro Forma Sheet No. 257 Volume No. 1, the following tariff sheets, with a proposed effective date of filing were served upon the company’s Pro Forma Sheet No. 258 customers and interested State Pro Forma Sheet No. 259 November 1, 1996: Pro Forma Sheet No. 260 27 Revised Sheet No. 50 Commissions. Pro Forma Sheet No. 260A 27 Revised Sheet No. 51 Any person desiring to be heard or to Pro Forma Sheet No. 265 4 Revised 30 Revised Sheet No. 53 protest said filing should file a motion to intervene or protest with the Federal Pro Forma Sheet No. 268 Northern states that this filing Pro Forma Sheet No. 270 Energy Regulatory Commission, 888 Pro Forma Sheet No. 286 establishes the 1996–1997 SBA Cost First Street, NE., Washington, DC 20426, Pro Forma Sheet No. 287 Recovery surcharge rates to be effective in accordance with Sections 385.211 Pro Forma Sheet No. 287A November 1, 1996. and 385.214 of the Commission’s Rules Pro Forma Sheet No. 288 Northern states that copies of this and Regulations. All such motions or Pro Forma Sheet No. 289 filing were served upon the company’s protests must be filed as provided in On July 17, 1996 the Commission customers and interested State Section 154.210 of the Commission’s issued Order No. 587 in Docket No. Commissions. Regulations. Protests will be considered RM96–1–000 (Final Rule). The Final Any person desiring to be heard or to by the Commission in determining the Rule adopts certain standardized protest said filing should file a motion appropriate action to be taken in this business practices and electronic to intervene or protest with the Federal proceeding, but will not serve to make communication practices promulgated Energy Regulatory Commission, 888 protestant a party to the proceeding. by the Gas Industry Standards Board First Street, N.E., Washington, D.C. Any person wishing to become a party (‘‘GISB’’) and required pipelines to 20426, in accordance with Sections must file a motion to intervene. Copies comply with the requirements of the 385.214 and 385.211 of the of this filing are on file with the 140 GISB standards by incorporating Commission’s Rules and Regulations. Commission and are available for GISB standards by reference into the All such motions or protests must be inspection. filed as provided in Section 154.210 of Commission’s regulations. The purpose Lois D. Cashell, the Commission’s Regulations. All of this filing is to comply with the Final Secretary. Rule. protests will be considered by the Commission in determining appropriate [FR Doc. 96–26004 Filed 10–9–96; 8:45 am] Northern states that copies of this BILLING CODE 6717±01±M filing were served upon the Company’s action to be taken, but will not serve to customers and interested state make Protestant a party to the commissions. proceeding. Any person wishing to [Docket Nos. RP94±149±006, RP94±145± Any person desiring to be heard or to become a party must file a motion to 005, (consolidated) and RP95±141±003 (not protest said filing should file a motion intervene. Copies of this filing are on consolidated)] to intervene or protest with the Federal file with the Commission and are available for inspection. Pacific Gas Transmission Company; Energy Regulatory Commission, 888 Notice of Compliance Filing First Street NE., Washington, DC 20426, Lois D. Cashell, in accordance with Sections 385.214 Secretary. October 4, 1996. and 385.211 of the Commission’s Rules [FR Doc. 96–25987 Filed 10–9–96; 8:45 am] Take notice that on September 30, and Regulations. All such motions or BILLING CODE 6717±01±M 1996, Pacific Gas Transmission protests must be filed as provided in Company (PGT) tendered for filing as Section 154.210 of the Commission’s part of its FERC Gas Tariff, First Revised [Docket No. RP97±15±000] Regulations on or before October 22, Volume No. 1–A: Second Revised Sheet 1996. All protests will be considered by Northern Natural Gas Company; Notice No. 137, First Revised Sheet Nos. 138 the Commission in determining the of Proposed Changes in FERC Gas and 142, and Third Revised Sheet No. appropriate action to be taken in this Tariff 143, to become effective September 11, proceeding, but will not serve to make 1996; Eighth Revised Sheet No. 51, to protestant a party to the proceedings. October 4, 1996. become effective September 13, 1996; Any person wishing to become a party Take notice that on October 1, 1996, Fourteenth Revised Sheet No. 4, Sixth must file a motion to intervene. Copies Northern Natural Gas Company Revised Sheet No. 4A, and Fifth Revised Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53217

Sheet No. 6C, to become effective available for public inspection in the inspection in the Public Reference October 1, 1996; Fifteenth Revised Sheet Public Reference Room. Room. No. 4, Seventh Revised Sheet No. 4A, Lois D. Cashell, Lois D. Cashell, Fourteenth Revised Sheet No. 5, Second Secretary. Secretary. Revised Sheet No. 5A, Original Sheet [FR Doc. 96–25994 Filed 10–9–96; 8:45 am] [FR Doc. 96–25996 Filed 10–9–96; 8:45 am] No. 5B, Sixth Revised Sheet No. 6C, BILLING CODE 6717±01±M BILLING CODE 6717±01±M Second Revised Sheet Nos. 12 and 13, Original Sheet No. 13A, Second Revised [Docket No. RP96±339±001] Sheet No. 14, Original Sheet No. 14A, [Docket No. GT97±2±000] First Revised Sheet Nos. 15 and 16, Pacific Gas Transmission Company; Second Revised Sheet Nos. 16A and Notice of Compliance Filing Paiute Pipeline Company; Notice of 16B, Third Revised Sheet No. 17, Proposed Changes in FERC Gas Tariff Second Revised Sheet No. 31, First October 4, 1996. Revised Sheet No. 32, Original Sheet Take notice that on September 26, October 4, 1996. 1996, Pacific Gas Transmission No. 32A, Third Revised Sheet No. 33, Take notice that on October 1, 1996, First Revised Sheet Nos. 38 and 41, and Company (PGT) tendered for filing as part of its FERC Gas Tariff, First Revised Paiute Pipeline Company (Paiute) Third Revised Sheet No. 54, to become tendered for filing Sixth Revised Sheet effective November 1, 1996. Volume No. 1–A: Second Substitute Title Sheet, Second Substitute Second No. 161 to be a part of Second Revised PGT also tendered for filing as part of Revised Sheet No. 2, Second Substitute Volume No. 1–A of its FERC Gas Tariff. its FERC Gas Tariff, Second Revised First Revised Sheet Nos. 6B, 6D, 6E and Paiute requests that the tendered tariff Volume No. 1: Ninth Revised Sheet No. 7, Second Substitute Seventh Revised sheet be accepted for filing to become 5 and Third Revised Sheet No. 6, to be Sheet No. 51, and Second Substitute effective November 1, 1996. effective October 1, 1996; Tenth Revised First Revised Sheet No. 139; and as part Paiute indicates that the purpose of its Sheet No. 5, Fourth Revised Sheet No. of its FERC Gas Tariff, Second Revised filing is to comply with the 6, First Revised Sheet No. 8, Sheet Nos. Volume No. 1: Second Substitute Title Commission’s order issued June 1, 1995 9–10 (Reserved Sheets), First Revised Sheet. PGT requested the above- in Docket Nos. RP95–55–001 and RP95– Sheet No. 31, and Original Sheet No. referenced tariff sheets become effective 269–000, by which the Commission 31A, to be effective November 1, 1996. September 13, 1996. approved an offer of settlement filed by PGT states the purpose of this filing PGT asserts that the purpose of this Paiute. Paiute states that pursuant to the filing is to comply with the settlement, the monthly billing is to implement the Stipulation and Commission’s September 11, 1996 order determinants pertaining to Paiute’s firm Agreement (Settlement) in PGT’s in this proceeding to bring PGT’s tariff transportation service under Rate general Section 4 rate case in Docket into compliance with Order Nos. 582 Schedule FT–1 are to be revised Nos. RP94–149–000, et al., its Hub and 582–A, issued September 28, 1995 periodically as of certain specified Services limited Section 4 rate case in and February 29, 1996, respectively, in dates, including November 1, 1996. Docket Nos. RP94–145–000, et al., Docket Nos. RM95–3–000, et al. In that Paiute states that the tendered tariff (consolidated), and its Gas Supply order, FERC accepted the above- sheet reflects the monthly billing Realignment (GSR) limited Section 4 referenced tariff sheets effective determinants for each of Paiute’s firm rate case in Docket Nos. RP95–141–000, September 13, 1996 but directed they be transportation shippers that are to be et al. (not consolidated) as approved by refiled to incorporate some non- effective November 1, 1996 under the Order of the Commission issued substantive technical corrections. PGT terms of the settlement. September 11, 1996. further states these sheets were Any person desiring to be heard or to PGT further states a copy of this filing previously submitted but are now being protest this filing should file a motion has been served upon its jurisdictional resubmitted pursuant to an informal to intervene or a protest with the customers and interested state FERC request for further non- Federal Energy Regulatory Commission, regulatory agencies, as well as the substantive technical corrections. PGT 888 First Street, N.E., Washington, D.C. official service list compiled by the states the proposed changes will not 20426, in accordance with 18 CFR Secretary in the above-referenced affect PGT’s costs, rates or revenues, and 385.214 and 385.211 of the that a copy of this filing has been served proceeding. Commission’s Rules and Regulations. on PGT’s jurisdictional customers and All such motions or protests must be Any person desiring to protest said interested state regulatory agencies. filed as provided in Section 154.210 of filing should file a protest with the Any person desiring to protest said the Commission’s Regulations. Protests Federal Energy Regulatory Commission, filing should file a motion to protest will be considered by the Commission 888 First Street, N.E., Washington, D.C. with the Federal Energy Regulatory in determining the appropriate action to 20426, in accordance with 18 CFR Commission, 888 First Street, N.E., be taken, but will not serve to make 385.211 of the Commission’s Rules of Washington, D.C. 20426, in accordance protestants parties to the proceeding. Practice and Procedure. All such with 18 CFR 385.211 of the Any person wishing to become a party protests must be filed as provided in Commission’s Rules of Practice and must file a motion to intervene. Copies Section 154.210 of the Commission’s Procedure. All such protests must be of this filing are on file with the Regulations. Protests will be considered filed as provided in Section 154.210 of Commission and are available for public by the Commission in determining the Commission’s regulations. Protests inspection in the Public Reference appropriate action to be taken, but will will be considered by the Commission Room. not serve to make protestants parties to in determining appropriate action to be taken, but will not serve to make Lois D. Cashell, the proceedings. Copies of this filing are Secretary. on file with the Commission and are protestants parties to the proceeding. Copies of this filing are on file with the [FR Doc. 96–25992 Filed 10–9–96; 8:45 am] Commission and are available for public BILLING CODE 6717±01±M 53218 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

[Docket No. ER96±2538±000] [Docket No. CP96±819±000] protestants parties to the proceedings. Any person wishing to become a party Sandia Energy Resources Company; Tennessee Gas Pipeline Company; must file a motion to intervene in Notice of Issuance of Order Notice of Application for Abandonment accordance with the Commissions rules. Take further notice that, pursuant to October 7, 1996. October 4, 1996. Take notice that on September 30, the authority contained in and subject to Sandia Energy Resources Company 1996, Tennessee Gas Pipeline Company the jurisdiction conferred upon the (Sandia) submitted for filing a rate (Tennessee), 1010 Milam Street, Commission by Sections 7 and 15 of the schedule under which Sandia will Houston, Texas 77002 filed, in Docket Natural Gas Act and the Commission’s engage in wholesale electric power and No. CP96–819–000, an application Rules of Practice and Procedure, a energy transactions as a marketer. pursuant to Section 7(b) of the Natural hearing will be held without further Sandia also requested waiver of various Gas Act and Part 157 of the notice before the Commission or its Commission regulations. In particular, Commission’s Regulations for designee on this application if no Sandia requested that the Commission permission and approval to abandon motion to intervene is filed within the grant blanket approval under 18 CFR three Rate Schedule FSST service time required herein, or if the Part 34 of all future issuance of agreements (FSST agreements) with Commission on its own review of the securities and assumptions of liability Boston Gas Company (Boston Gas), all matter finds that permission and by Sandia. as more fully set forth in the application approval for the proposed abandonment On September 26, 1996, pursuant to which is on file with the Commission are required by the public convenience delegated authority, the Director, and open to public inspection. and necessity. If a motion for leave to Division of Applications, Office of Tennessee relates that it seeks to intervene is timely filed, or if the Electric Power Regulation, granted abandon the FSST agreements, Commission on its own motion believes requests for blanket approval under Part authorized in Docket No. CP94–441– that formal hearing is required, further 34, subject to the following: 000, in order to replace them with a new notice of such hearing will be duly firm transportation agreement with given. Within thirty days of the date of the Under the procedure herein provided order, any person desiring to be heard Boston Gas for service under Part 284 of the Commission’s Regulations and the for, unless otherwise advised, it will be or to protest the blanket approval of unnecessary for Tennessee to appear or issuances of securities or assumptions of terms and conditions of Tennessee’s Rate Schedule FT–A. Tennessee says to be represented at the hearing. liability by Sandia should file a motion Lois D. Cashell, to intervene or protest with the Federal that under the FSST agreements, it Secretary. Energy Regulatory Commission, 888 transported up to 13,027 Dth of natural First Street, NE., Washington, DC 20426, gas per day for Boston Gas to and from [FR Doc. 96–26009 Filed 10–9–96; 8:45 am] in accordance with Rules 211 and 214 certain third party storage operators. BILLING CODE 6717±01±M of the Commission’s Rules of Practice Tennessee relates that each of the FSST agreements had a primary term and Procedure (18 CFR 385.211 and [Docket No. CP97±1±000] 385.214). extending until March 31, 1995, and continuing thereafter until terminated Tennessee Gas Pipeline Company; Absent a request for hearing within by either party on twelve months prior this period, Sandia is authorized to Notice of Request Under Blanket notice. Tennessee and Boston Gas have Authorization issue securities and assume obligations agreed by written notice to terminate the or liabilities as a guarantor, endorser, FSST agreements as of August 31, 1996. October 4, 1996. surety, or otherwise in respect of any Tennessee states that upon receipt of the Take notice that on October 1, 1996, security of another person; provided requested abandonment authorization, it Tennessee Gas Pipeline Company that such issuance or assumption is for will replace the FSST agreements with (Tennessee), 1010 Milam Street, some lawful object within the corporate one FT–A agreement with a Houston, Texas 77252–2511 filed in purposes of the applicant, and commencement date of September 1, Docket No. CP97–1–000 a request compatible with the public interest, and 1996. Therefore, Tennessee requests that pursuant to Sections 157.205, and is reasonably necessary or appropriate the Commission grant abandonment of 157.212 of the Commission’s for such purposes. the FSST agreements effective August Regulations under the Natural Gas Act The Commission reserves the right to 31, 1996. Tennessee states that no (18 CFR 157.205 and 157.212) for require a further showing that neither facilities are proposed to be abandoned, approval and permission to construct public nor private interests will be and there will be no reduction in service and operate a delivery point located in adversely affected by continued to any customer. Acorn County, Mississippi to provide approval of Sandia’s issuances of Any person desiring to be heard or to continuing firm natural gas securities or assumptions of liability. make any protest with reference to said transportation service for the Corinth Notice is hereby given that the application should on or before October Public Utilities Commission, Gas and deadline for filing motions to intervene 25, 1996, file with the Federal Energy Water Department (Corinth), under the or protests, as set forth above, is October Regulatory Commission, Washington, blanket certificate issued in Docket No. 28, 1996. Copies of the full text of the D.C. 20426, a motion to intervene or a CP82–413–000, pursuant to Section 7(c) order are available from the protest in accordance with the of the Natural Gas Act (NGA), all as Commission’s Public Reference Branch, requirements of the Commission’s Rules more fully set forth in the request which 888 First Street, NE., Washington, DC of Practice and Procedure (18 CFR is on file with the Commission and open 20426. 385.214 and 385.211) and the to public inspection. regulations under the Natural Gas Act Tennessee states that it proposes to Lois D. Cashell, (18 CFR 157.10). All protests filed with deliver natural gas volumes to Corinth Secretary. the Commission will be considered by at the proposed delivery point pursuant [FR Doc. 96–26060 Filed 10–9–96; 8:45 am] it in determining the appropriate action to Tennessee’s Rate Schedule FT–GS BILLING CODE 6717±01±M to be taken but will not serve to make and the terms and conditions of an Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53219 existing firm transportation agreement amend its July 1993 ITP certificate to, Commissions and other interested with Corinth. It is indicated that the inter alia, modify the facility parties. total estimated construction cost of the configuration for changing customer Any person desiring to protest such proposed delivery point is $98,300, for requirements and to revise the initial filing should file a protest with the which Corinth will reimburse incremental rates authorized for its 1996 Federal Energy Regulatory Commission, Tennessee. Tennessee asserts that the ITP service. In the March 17, 1995 888 First Street, N.E., Washington, D.C. total quantities to be delivered to order, the Commission approved Texas 20426, in accordance with 18 CFR Corinth after the delivery point is Eastern’s application and amended 385.211 of the Commission’s Rules and installed will not exceed the total Texas Eastern’s ITP certificate as Regulations. All such protests must be quantities authorized prior to this requested. filed as provided in Section 154.210 of request. Tennessee further asserts that Texas Eastern states that it is filing the Commission’s Regulations. Protests the installation of the proposed delivery Thirteenth Revised Sheet No. 34A to will be considered by the Commission point is not prohibited by Tennessee’s implement the initial incremental rates in determining the appropriate action to existing tariff. Tennessee also indicates for 1996 ITP service. be taken, but will not serve to make that it has sufficient capacity to Texas Eastern states that copies of the protestants parties to the proceeding. accomplish deliveries at the proposed filing were served on the firm customers Copies of this filing are on file with the delivery point without detriment or of Texas Eastern and interested state Commission, and are available for disadvantage to its other customers. commissions. public inspection in the Public Any person or Commission Staff may, Any person desiring to protest said Reference Room. within 45 days of the issuance of the filing should file a protest with the Lois D. Cashell, instant notice by the Commission, file Federal Energy Regulatory Commission, Secretary. pursuant to Rule 214 of the 888 First Street, N.E., Washington, DC [FR Doc. 96–25995 Filed 10–9–96; 8:45 am] Commission’s Rules of Practice and 20426, in accordance with Section BILLING CODE 6717±01±M Procedure (18 CFR 385.214), a motion to 385.211 of the Commission’s Rules and intervene and pursuant to Section Regulations. All such protests must be 157.205 of the regulations under the filed as provided in Section 154.210 of [Docket No. RP97±12±000] the Commission’s Regulations. Protests Natural Gas Act (18 CFR 157.205), a Transcontinental Gas Pipe Line will be considered by the Commission protest to the request. If no protest is Corporation; Notice of Proposed in determining the appropriate action to filed within the time allowed therefor, Changes in FERC Gas Tariff the proposed activities shall be deemed be taken, but will not serve to make to be authorized effective the day after protestants parties to the proceeding. October 4, 1996. the time allowed for filing a protest. If Copies of this filing are on file with the Take notice that on October 1, 1996, a protest is filed and not withdrawn 30 Commission and are available for public Transcontinental Gas Pipe Line days after the time allowed for filing a inspection in the Public Reference Corporation (Transco) tendered for protest, the instant request shall be Room. filing to become part of its FERC Gas treated as an application for Lois D. Cashell, Tariff, Third Revised Volume No. 1, the authorization pursuant to Section 7 of Secretary. following tariff sheets, with a proposed the Natural Gas Act. [FR Doc. 96–26006 Filed 10–9–96; 8:45 am] effective date of November 1, 1996: Lois D. Cashell, BILLING CODE 6717±01±M 4th Revised First Sheet No. 171 Secretary. First Revised Sheet No. 439 [FR Doc. 96–26010 Filed 10–9–96; 8:45 am] Second Revised Sheet No. 440 [Docket No. RP96±211±005] BILLING CODE 6717±01±M Transco states that the purpose of the Transcontinental Gas Pipe Line instant filing is to modify Transco’s Rate Schedule IT and the form of service [Docket No. CP92±184±015] Corporation; Notice of Compliance Filing agreement for service under Rate Schedule IT to remove the requirement Texas Eastern Transmission October 4, 1996. Corporation; Notice of Compliance that specific points of delivery be Take notice that on October 2, 1996, Filing specified in executed service Transcontinental Gas Pipe Line agreements, and to revise outdated October 4, 1996. Corporation (Transco) tendered for references to Transco’s bulletin board. Take notice that on September 30, filing certain pro forma tariff sheets to Transco states that it is serving copies 1996, Texas Eastern Transmission its FERC Gas Tariff, Third Revised of the instant filing to customers, State Corporation (Texas Eastern) tendered for Volume No. 1, which tariff sheets are Commissions and other interested filing as part of its FERC Gas Tariff, listed on Attachment A attached to the parties. Sixth Revised Volume No. 1, the filing. Any person desiring to be heard or to following tariff sheet to be effective Transco states that the purpose of the protest said filing should file a motion November 1, 1996: instant filing is to comply with the to intervene of protest with the Federal Commission’s orders dated September Energy Regulatory Commission, 888 Thirteenth Revised Sheet No. 34A 16, 1996 in Docket No. RP96–211–000 First Street, N.E., Washington, D.C. Texas Eastern asserts that the purpose (September 16 Order). The September 20426, in accordance with 18 CFR of this filing is to comply with the 16 Order directed Transco to modify its 385.214 and 385.211 of the Commission’s orders issued March 17, firm open access transportation rate Commission’s Rules and Regulations. 1995 and June 6, 1995 in Docket No. schedules to provide firm backhaul All such motions or protests must be CP92–184, et al. service on a primary point basis unless filed as provided in Section 154.210 of Texas Eastern states that on August such service is operationally infeasible, the Commission’s Regulations. Protests 29, 1994 in Docket No. CP92–184–009, as determined on a case-by-case basis. will be considered by the Commission Texas Eastern filed an application Transco states that it is serving copies in determining the appropriate action to pursuant to Section 7(c) of the NGA to of the instant filing to customers, State be taken, but will not serve to make 53220 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices protestants parties to the proceeding. customers, State Commissions and other will be considered by the Commission Any person wishing to become a party interested parties. in determining the appropriate action to must file a motion to intervene. Copies Any person desiring to protest said be taken, but will not serve to make of this filing are on file with the filing should file a protest with the protestants parties to the proceeding. Commission and are available for public Federal Energy Regulatory Commission, Any person wishing to become a party inspection in the Public Reference 888 First Street, N.E., Washington, D.C. must file a motion to intervene. Copies Room. 20426, in accordance with Section of this filing are on file with the Lois D. Cashell, 385.211 of the Commission’s Rules and Commission and are available for public Secretary. Regulations. All such protests must be inspection in the Public Reference [FR Doc. 96–25998 Filed 10–9–96; 8:45 am] filed as provided in Section 154.210 of Room. the Commission’s Regulations. Protests BILLING CODE 6717±01±M Lois D. Cashell, will be considered by the Commission Secretary. in determining appropriate action to be [FR Doc. 96–26011 Filed 10–9–96; 8:45 am] taken, but will not serve to make [Docket No. CP94±109±004] protestants parties to the proceeding. BILLING CODE 6717±01±M Copies of this filing are on file with the Transcontinental Gas Pipe Line Commission and are available for public Corporation; Notice of Proposed inspection in the Public Reference [Docket No. RP97±18±000] Changes in FERC Gas Tariff Room. Transwestern Pipeline Company; October 4, 1996. Lois D. Cashell, Notice of Proposed Changes in FERC Take notice that on September 27, Secretary. Gas Tariff 1996 Transcontinental Gas Pipe Line [FR Doc. 96–26007 Filed 10–9–96; 8:45 am] Corporation (Transco) tendered for BILLING CODE 6717±01±M October 4, 1996. filing First Revised Sheet No. 37C.01 Take notice that on October 1, 1996 and First Revised Sheet No. 40C.01 to [Docket No. GT97±1±000] Transwestern Pipeline Company its FERC Gas Tariff, Third Revised (Transwestern) tendered for filing as Volume No. 1, which tariff sheets are Williston Basin Interstate Pipeline part of its FERC Gas Tariff, the following proposed to be effective November 1, Company; Notice of Proposed pro forma tariff sheets, with a proposed 1996. Changes in FERC Gas Tariff effective date of April 1, 1997: Transco states that the purpose of the instant filing is to set forth under Rate October 4, 1996. Pro Forma Sheet No. 49 Schedule FT the reservation rate Take notice that on October 1, 1996, Pro Forma Sheet No. 58 Pro Forma Sheet No. 61 authorized by the Commission for Phase Williston Basin Interstate Pipeline Pro Forma Sheet No. 62 II of SE95/96 firm transportation service Company (Williston Basin), tendered for Pro Forma Sheet No. 63 commencing November 1, 1996 filing as part of its FERC Gas Tariff, Pro Forma Sheet No. 63A pursuant to its February 5, 1996 order Second Revised Volume No. 1, the Pro Forma Sheet No. 64 in Docket No. CP94–109–002 (February following revised tariff sheets to become Pro Forma Sheet No. 71 5 Order). In compliance with the effective October 1, 1996: Pro Forma Sheet No. 80 Pro Forma Sheet No. 80A February 5 Order, Transco tendered for Second Revised Volume No. 1 Pro Forma Sheet No. 81A filing First Revised Sheet No. 40C.01 Tenth Revised Sheet No. 778 which sets forth the incremental Thirteenth Revised Sheet No. 779 Pro Forma Sheet No. 81E reservation rate of $9.2464 per dt for the Twelfth Revised Sheet No. 780 Pro Forma Sheet No. 95 Tenth Revised Sheet No. 781 Pro Forma Sheet No. 95A SE95/96 firm transportation service Pro Forma Sheet No. 95B commencing November 1, 1996. Twelfth Revised Sheet Nos. 782–784 Fourteenth Revised Sheet No. 785 Pro Forma Sheet No. 95B.1 Transco states that it has converted Pro Forma Sheet No. 95C the authorized reservation rate of $9.57 Fifteenth Revised Sheet No. 786 Sixteenth Revised Sheet Nos. 787–788 Pro Forma Sheet No. 95D per Mcf to a dt basis using a factor of Seventeenth Revised Sheet Nos. 789–790 Pro Forma Sheet No. 95E 1.035 consistent with the rates which Sixteenth Revised Sheet No. 791 Pro Forma Sheet No. 95F were filed in Transco’s August 30, 1996 Seventeenth Revised Sheet Nos. 792–794 Pro Forma Sheet No. 95G filing in Docket No. RP96–365 in Eleventh Revised Sheet No. 827 Pro Forma Sheet No. 95H compliance with Commission Order No. Twelfth Revised Sheet No. 831 Pro Forma Sheet No. 95I Pro Forma Sheet No. 95K 582. In addition, all applicable Fifteenth Revised Sheet No. 832 Sixteenth Revised Sheet No. 833 Pro Forma Sheet No. 95L surcharges under Rate Schedule FT Pro Forma Sheet No. 95M–95P shall apply to SE95/96 firm Williston Basin states that the revised transportation service. tariff sheets are being filed simply to On July 17, 1996, the Commission In recognition that SE95/96 firm update its Master Receipt/Delivery Point issued Order No. 587, Standards for transportation capacity is eligible to be List. Business Practices of Interstate Natural released in accordance with Section 42 Any person desiring to be heard or to Gas Pipelines, in Docket No. RM96–1– of the General Terms and Conditions of protest this filing should file a motion 000 (Final Rule). The Final Rule adopts Transco’s FERC Gas Tariff, Transco is to intervene or protest with the Federal certain standardized business practices filing First Revised Sheet No. 37C.01 to Energy Regulatory Commission, 888 and electronic communication practices set forth the rates and charges under First Street, N.E., Washington, D.C. promulgated by the Gas Industry Rate Schedule FT–R applicable to 20426, in accordance with 18 CFR Standards Board (GISB) and required capacity released under Transco’s SE95/ 385.214 and 385.211 of the pipelines to comply with the 96 incremental firm transportation Commission’s Rules and Regulations. requirements of the GISB consensus service. All such motions or protests must be standards by incorporating the GISB Transco states that copies of the filed as provided in Section 154.210 of standards by reference into the instant filing are being mailed to the Commission’s Regulations. Protests Commission’s regulations. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53221

Transwestern states that the purpose located on the Oconto River, in the City Services Division, Common Carrier of this filing is to comply with the Final of Oconto Falls, Oconto County, Bureau, Federal Communications Rule. Wisconsin; and has prepared a Draft Commission, 2000 M Street, NW., Suite Transwestern states that the filing Environmental Assessment (DEA) for 235, Washington, DC 20054. The fax reflects pro forma changes to the the project. In the DEA, the number for both is: (202) 418–2345. The General Terms and Conditions of Commission’s staff has analyzed the TTY number for both is: (202) 418– Transwestern’s tariff to implement the potential environmental impacts of the 0484. business standards issued by GISB. existing project and has concluded that SUPPLEMENTARY INFORMATION: Released: These GISB standards are the 140 approval of the project, with appropriate October 4, 1996. standards filed with the Commission on environmental protection measures, March 15, 1996, and relate to would not constitute a major federal I. Background nominations, allocations, balancing, action significantly affecting the quality On October 1, 1996, the North measurement, invoicing, electronic of the human environment. American Numbering Council (NANC), delivery mechanisms and capacity Copies of the DEA are available for a Federal Advisory Committee release. review in the Public Reference Branch, established pursuant to the Federal Transwestern is proposing to, Room 2–A, of the Commission’s offices Advisory Committee Act, 5 U.S.C., App. effective with the effectiveness of the at 888 First Street N.E., Washington D.C. 2 (1988) (FACA), held its initial meeting tariff changes, adopt the data elements 20426. at the Federal Communications filed with the Commission on April 12, Any comments should be filed within Commission (Commission). The NANC 1996. 45 days from the date of this notice and was established to advise the Transwestern states that copies of the should be addressed to Lois D. Cashell, Commission and other North American filing were served on its gas utility Secretary, Federal Energy Regulatory Numbering Plan (NANP) member customers, interested state Commission, Room 1–A, 888 First Street countries on issues related to NANP commissions, and all parties to this N.E., Washington, D.C. 20426. Please administration, and to advise the proceeding. affix Oconto Falls Hydroelectric Project Commission on local number portability Any person desiring to be heard or to Nos. 2523 and 11496 to all comments. administration issues in the United protest said filing should file a motion For further information, please contact States. Among other tasks, the NANC to intervene or protest with the Federal Edward R. Meyer at (202) 208–7998. must recommend to the Commission a Energy Regulatory Commission, 888 Lois D. Cashell, new neutral NANP Administrator and First Street, N.E., Washington, D.C., Secretary. one or more neutral local Number 20426, in accordance with Rules 211 [FR Doc. 96–25993 Filed 10–9–96; 8:45 am] Portability Administrator(s) (LNAPA(s)). and 214 of the Commission’s Rules of BILLING CODE 6717±01±M Several working groups and task Practice and Procedure. All such forces will address specific tasks and motions or protests must be filed as issues regarding numbering provided in Section 154.210 of the FEDERAL COMMUNICATIONS administration and local number Commission’s Regulations on or before COMMISSION portability and report to the NANC. This October 22, 1996. Protests will be Notice describes the tentative structure [CC Docket No. 92±237; DA 96±1664] considered by the Commission in for these groups, identifies the tasks for determining the appropriate action to be The North American Numbering the working groups and the task forces taken, but will not serve to make within those groups, and seeks protestants parties to the proceeding. Council Chairman Announces Organizational Structure and Seeks nominations for participants with Any person wishing to become a party appropriate expertise to serve on them. must file a motion to intervene. Copies Working Group and Task Force Participants As will be evident from the tasks and of this filing are on file with the deadlines described below, participants Commission and are available for public AGENCY: Federal Communications in the working groups and task forces inspection. Commission. will be expected to be able to offer a Lois D. Cashell, ACTION: Notice. substantial time commitment from the Secretary. outset. [FR Doc. 96–25988 Filed 10–9–96; 8:45 am] SUMMARY: On October 4, 1996, the II. NANC Structure BILLING CODE 6717±01±M Commission released a public notice stating that the North American The tasks and objectives of the Numbering Council (NANC) Chairman working groups and task forces are [Project No. 2523±007, Project No. 11496± announced the organizational structure described below. The NANC, by 000] of the NANC and seeks working group issuance of this Public Notice, seeks N.E.W. Hydro, Inc. City of Oconto Falls, and task force participants. The individuals with specialized expertise Wisconsin; Notice of Availability of intended effect of this action is to make to serve on the North American Draft Environmental Assessment the public aware of the NANC’s Numbering Plan Administration organizational structure and that the Working Group and the Local Number October 4, 1996. NANC is seeking participants on its Portability Administration (LNPA) In accordance with the National working group and task forces. Selection Working Group, and on Environmental Policy Act of 1969 and FOR FURTHER INFORMATION CONTACT: associated task forces. All such the Federal Energy Regulatory Marian Gordon, Designated Federal participants should have a willingness Commission’s (Commission’s) Official of the North American and ability to dedicate the time and Regulations, 18 CFR Part 380 (Order No. Numbering Council, (202) 418–2337 or resources necessary to effectively 486, 52 FR 47897), the Office of Mary DeLuca, Alternate Designated accomplish the tasks and objectives of Hydropower Licensing has reviewed the Federal Official of the North American their group. The NANC intends that this applications for a new license for the Numbering Council, (202) 418–2334. organizational structure will enable all Oconto Falls Hydroelectric Project, The address for both is: Network interested parties to express their views. 53222 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

A. Steering Group telecommunications network; and (3) C. Local Number Portability The Steering Group held its first experience with contracting proposals. Administration (LNPA) Selection Working Group meeting immediately following the 1. Cost Recovery Task Force October 1st meeting of the NANC. The The NANC must recommend to the NANC Chairman announced formation The NANP Administration Cost Commission no later than May 1, 1997 of the Steering Group composed of 13 Recovery Task Force will report to the one or more entities to serve as LNPA(s). Council members. The Steering Group NANP Administration working group. the LNPA Working Group will develop will oversee the process of the other This task force will assist the NANP and advise the NANC on an appropriate working groups in meeting their project Administration Working Group in process for selecting an entity or entities milestones and will act as a liaison formulating and making a to serve as LNPA(s), whether one or between the other working groups and recommendation to the NANC of a multiple LNPA(s) should be selected, NANC. In this capacity, the Steering mechanism for recovering the costs of whether the LNPA can be the same Group will select the participants on the the administration of the NANP in the entity as the NANP Administrator, and working groups and task forces United States on a competitively neutral what the specific duties of the LNPA(s) identified below. The Steering Group basis. It would be useful for participants should be. The LNPA will also direct will also study and recommend to the to have one or more of the following: (1) implementation of a nationwide system NANC a method for introducing future a background in or knowledge of of regional SMS databases for number issues, including issues related to code economics, accounting, or both; (2) portability, and will determine possible and number conservation, for familiarity with the pricing mechanisms future SMS needs. It would be useful for consideration by the NANC, and will in the telecommunications industry; participants in this working group to study and recommend whether the and (3) familiarity with the operations have one or more of the following: (1) NANC should seek to renew its charter of the current number administration technical and operational expertise with as an advisory committee in October system, including the functions of the respect to number portability 1997. current NANP Administrator and the mechanisms; (2) experience with state- based efforts in local number 1. Dispute Resolution Task Force Central Office Code Administrators. portability; and (3) expertise in the This Task Force will develop and 2. Transition Planning Task Force for operations of existing SMS databases. recommend to the NANC procedures for Current NANP Administration addressing and initially resolving Functions 1. LNPA Architecture Planning Task disputes regarding numbering Force The Transition Planning Task Force administration. It would be useful for This Task Force will assist the LNPA for Current NANP Administration the task force’s participants to be Working Group in recommending to the Functions will assist the NANP familiar with dispute resolution Commission, through coordination with procedures used in different fora. Administration Working Group in the industry, a database architecture developing a plan to transfer to the new plan for the national number portability B. North American Numbering Plan NANP Administrator number system. Such recommendation must Administration Working Group administration functions that are address the geographic coverage of the The NANP Administration Working performed by the current NANP regional databases and the locations of Group will develop and advise the Administrator within ninety days of the regional databases. It would be NANC on an appropriate process for selection of the new Administrator. It useful for participants to have one or selecting a neutral NANP Administrator. would be useful for participants on this more of the following: (1) experience It is proposed that this working group Task Force to be familiar with the with state-based efforts in local number will have three task forces: (1) Cost operations of the current NANP portability; and (2) knowledge of Recovery Task Force; (2) Transition Administrator. operations of existing industry-wide Planning Task Force for Current NANP 3. Transition Planning Task Force for databases. Administration Functions; and (3) Central Office (CO) Code 2. LNPA Technical and Operational Transition Planning Task Force for Administration Functions Central Office (CO) Code Requirements Task Force Administration Functions. The Working The Transition Planning Task Force This Task Force must recommend to Group will coordinate with its task for CO Code Administration Functions the Commission a plan, developed forces issues related to the recovery of will assist the NANP Administration through coordination with the industry, the costs of NANP administration and Working Group in developing a plan for for the technical and operational the transfer of number administration the transfer of CO Code administration requirements of the national number functions. The NANC is seeking functions from the incumbent local portability database system. The Task members to participate on the NANP exchange carriers to the new, neutral Force will address, among other things, Administration Working Group. It NANP Administrator within eighteen technical interoperability and would be useful for such participants to months of the completion of the transfer operational standards for the database have one or more of the following: (1) of the current NANP Administrator’s system, user and network interface familiarity with the operations of the functions to the new Administrator. It standards, and technical specifications current number administration system would be useful for participants to have for the regional databases. It would be from either the perspective of one or more of the following: (1) useful for participants to have one or administrator or the perspective of knowledge of the operations of the more of the following: (1) technical and entities that use numbering resources, current CO code administrators; (2) operational expertise with respect to including the functions of the current knowledge in forecasting area code number portability mechanisms; (2) NANP Administrator and the Central exhaust and planning for area code experience with state-based efforts in Office Code Administrators; (2) relief; and (3) familiarity with the local number portability; and (3) familiarity with the technical and operation of the current NANP knowledge of operations of existing operational workings of the Administrator. industry-wide databases. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53223

D. Legal Expertise FEDERAL HOUSING FINANCE BOARD A/S Ivarans Rederi Kawasaki Kisen Kaisha Ltd. In addition to the specialized Sunshine Act Meeting Mitsui O.S.K. Lines, Ltd. expertise sought for the individual Nedlloyd Lijnen BV working groups and task forces ``FEDERAL REGISTER''CITATION OF Nippon Yusen Kaisha described above, the NANC seeks PREVIOUS ANNOUNCEMENT: 61 FR 49326, Orient Overseas Container Line individuals with legal expertise to September 19, 1996. P&O Containers Limited ensure that potential legal issues that PREVIOUSLY ANNOUNCED TIME AND DATE OF Sea-Land Service, Inc. arise in the context of the tasks to THE MEETING: 9:00 a.m., Thursday, Senator Line Gmbh & Co., KG performed by working groups and September 26, 1996. Tecmarine Lines, Inc. associated task forces are identified and CHANGE IN THE MEETING: Previously Zim Israel Navigation Co., Ltd. recommended solutions developed for announced Board meeting time as been Synopsis: The proposed modification each. Individuals with expertise in changed from 9:00 a.m to 8:30 a.m. revises Article 5.3 of the Agreement to contract law and in the establishment of CONTACT PERSON FOR MORE INFORMATION: clarify that the parties have no rate Limited Liability Corporations are authority under the Agreement. specifically encouraged to apply. Elaine L. Baker, Secretary to the Board, (202) 408–2837. Agreement No.: 224–200992–001 III. Nomination Procedures and Rita I. Fair, Title: SeaEscape Cruises, Maritime Timeline Managing Director. Entertainment, Ltd. and Broward Nominations for participation on any [FR Doc. 96–26232 Filed 10–08–96; 2:46 pm] County Assignment and Assumption Agreement of the working groups or task forces BILLING CODE 6725±01±P described above should include the Parties: following information about the SeaEscape Cruises, Ltd. Maritime Entertainment, Ltd. nominee: FEDERAL MARITIME COMMISSION Broward County (1) Name, company affiliation, address, Notice of Agreement(s) Filed Synopsis: The proposed modification telephone number, facsimile number, and E- permits SeaEscape Cruises, Ltd. to mail address, if available; (2) the working group(s) and/or task force(s) for which he or The Federal Maritime Commission assign, transfer, and turn over all of its she is being nominated; and (3) a brief hereby gives notice of the filing of the rights, title, interest, duties, and description of how the nominee’s experience following agreement(s) pursuant to obligations it has in the Agreement to and skills would match the needs of the section 5 of the Shipping Act of 1984. Maritime Entertainment, Ltd. working group(s) and/or task force(s) he or Interested parties may inspect and Dated: October 4, 1996. she is being nominated to serve on. obtain a copy of each agreement at the By Order of the Federal Maritime Nominations for participation on any Washington, D.C. Office of the Federal Commission. of the working groups or task forces Maritime Commission, 800 North Joseph C. Polking, Capitol Street, N.W., 9th Floor. must be made no later than October 15, Secretary. 1996. Nominations should be sent by e- Interested parties may submit comments on each agreement to the Secretary, [FR Doc. 96–26014 Filed 10–9–96; 8:45 am] mail, if possible, to [email protected]. A BILLING CODE 6730±01±M written copy of any nominations must Federal Maritime Commission, also be filed with the Secretary, Federal Washington, D.C. 20573, within 10 days after the date of the Federal Register in Communications Commission, 1919 M FEDERAL RESERVE SYSTEM Street, NW., Washington, DC 20554, and which this notice appears. The requirements for comments are found in must reference CC Docket No. 92–237. Sunshine Meeting Notice Members selected will be notified and section 572.603 of Title 46 of the Code should expect initial working group of Federal Regulations. Interested AGENCY HOLDING THE MEETING: Board of meetings to occur no later than persons should consult this section Governors of the Federal Reserve November 7, 1996. before communicating with the System. Commission regarding a pending TIME AND DATE: 11:00 a.m., Tuesday, FOR FURTHER INFORMATION CONTACT: agreement. Marian Gordon, Designated Federal October 15, 1996. Official of the North American Agreement No.: 203–011290–018 PLACE: Marriner S. Eccles Federal Numbering Council, (202) 418–2337 or Title: Vessel Operators Hazardous Reserve Board Building, C Street Mary DeLuca, Alternate Designated Material Association Agreement entrance between 20th and 21st Streets, Federal Official of the North American Parties: N.W., Washington, D.C. 20551. Numbering Council, (202) 418–2334. American President Lines, Ltd. A.P. Moller-Maersk Line STATUS: Closed. The address for both is: Network MATTERS TO BE CONSIDERED: Services Division, Common Carrier Atlantic Container Line BV Bureau, Federal Communications Australia-New Zealand Direct Line 1. Personnel actions (appointments, Commission, 2000 M Street, NW., Suite Crowley Maritime Corporation promotions, assignments, reassignments, Delmas AAEL and salary actions) involving individual 235, Washington, DC 20054. The fax Federal Reserve System employees. number for both is: (202) 418–2345. The Evergreen Marine Corporation (Taiwan), Ltd. 2. Any items carried forward from a TTY number for both is: (202) 418– previously announced meeting. 0484. Farrell Lines, Inc. Columbus Line CONTACT PERSON FOR MORE INFORMATION: Federal Communications Commission Hapag-Lloyd AG Mr. Joseph R. Coyne, Assistant to the Geraldine A. Matise, Hoegh Lines Board; (202) 452–3204. You may call Chief, Network Services Division, Common Hyundai Merchant Marine (America) (202) 452–3207, beginning at Carrier Bureau. Inc. approximately 5 p.m. two business days [FR Doc. 96–26159 Filed 10–9–96; 8:45 am] Independent Container Line Ltd. before this meeting, for a recorded BILLING CODE 6712±01±P Italia de Navigazione, S.P.A. announcement of bank and bank 53224 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices holding company applications statement of the reasons a written STATUS: Open. scheduled for the meeting. presentation would not suffice in lieu of MATTERS TO BE CONSIDERED: Dated: October 7, 1996. a hearing, identifying specifically any questions of fact that are in dispute, 1. Approval of the minutes of the September Jennifer J. Johnson, 16, 1996, Board meeting. summarizing the evidence that would 2. Thrift Savings Plan activity report by the Deputy Secretary of the Board. be presented at a hearing, and indicating [FR Doc. 96–26139 Filed 10–7–96; 4:47 pm] Executive Director. how the party commenting would be 3. Newly enacted Thrift Savings Plan BILLING CODE 6210±01±P aggrieved by approval of the proposal. legislation. Unless otherwise noted, nonbanking 4. Board staff 1996 pay. activities will be conducted throughout CONTACT PERSON FOR MORE INFORMATION: Formations of, Acquisitions by, and the United States. Mergers of Bank Holding Companies Unless otherwise noted, comments Thomas J. Trabucco, Director, Office of External Affairs, (202) 942–1640. The companies listed in this notice regarding each of these applications Dated: October 7, 1996. have applied to the Board for approval, must be received at the Reserve Bank pursuant to the Bank Holding Company indicated or the offices of the Board of Roger W. Mehle, Governors not later than November 4, Act of 1956 (12 U.S.C. 1841 et seq.) Executive Director, Federal Retirement Thrift 1996. Investment Board. (BHC Act), Regulation Y (12 CFR Part A. Federal Reserve Bank of 225), and all other applicable statutes [FR Doc. 96–26155 Filed 10–8–96; 9:49 am] Richmond (Lloyd W. Bostian, Jr., Senior BILLING CODE 6760±01±M and regulations to become a bank Vice President) 701 East Byrd Street, holding company and/or to acquire the Richmond, Virginia 23261: assets or the ownership of, control of, or 1. Crestar Financial Corporation, the power to vote shares of a bank or Richmond, Virginia; to merge with FEDERAL TRADE COMMISSION bank holding company and all of the Citizens Bancorp, Laurel, Maryland, and banks and nonbanking companies thereby indirectly acquire Citizens Bank Granting of Request for Early owned by the bank holding company, of Maryland, Laurel, Maryland, and Termination of the Waiting Period including the companies listed below. Citizens Bank of Washington, National Under the Premerger Notification The applications listed below, as well Association, Washington, D.C. Rules as other related filings required by the B. Federal Reserve Bank of Board, are available for immediate Minneapolis, (Karen L. Grandstrand, Section 7A of the Clayton Act, 15 inspection at the Federal Reserve Bank Vice President) 250 Marquette Avenue, U.S.C. § 18a, as added by Title II of the indicated. Once the application has Minneapolis, Minnesota 55480: Hart-Scott-Rodino Antitrust been accepted for processing, it will also 1. Northern Plains Investment, Inc., Improvements Act of 1976, requires be available for inspection at the offices Jamestown, North Dakota; to acquire an persons contemplating certain mergers of the Board of Governors. Interested additional 1.92 percent, for a total of or acquisitions to give the Federal Trade persons may express their views in 41.94 percent, of the voting shares of Commission and the Assistant Attorney writing on the standards enumerated in Stutsman County State Bank, General advance notice and to wait the BHC Act (12 U.S.C. 1842(c)). If the Jamestown, North Dakota. designated periods before proposal also involves the acquisition of Board of Governors of the Federal Reserve consummation of such plans. Section a nonbanking company, the review also System, October 4, 1996. 7A(b)(2) of the Act permits the agencies, includes whether the acquisition of the Jennifer J. Johnson in individual cases, to terminate this nonbanking company complies with the Deputy Secretary of the Board waiting period prior to its expiration standards in section 4 of the BHC Act, and requires that notice of this section [FR Doc. 96–26057 Filed 10–9–96; 8:45 am] including whether the acquisition of the be published in the Federal Register. nonbanking company can ‘‘reasonably BILLING CODE 6210±01±F The following transactions were be expected to produce benefits to the granted early termination of the waiting public, such as greater convenience, period provided by law and the FEDERAL RETIREMENT THRIFT increased competition, or gains in premerger notification rules. The grants INVESTMENT BOARD efficiency, that outweigh possible were made by the Federal Trade adverse effects, such as undue Sunshine Act Notice Commission and the Assistant Attorney concentration of resources, decreased or General for the Antitrust Division of the unfair competition, conflicts of TIME AND DATE: 10:00 a.m. (EDT), Department of Justice. Neither agency interests, or unsound banking practices’’ October 21, 1996. intends to take any action with respect (12 U.S.C. 1843). Any request for a PLACE: 4th Floor, Conference Room, to these proposed acquisitions during hearing must be accompanied by a 1250 H Street, N.W., Washington, D.C. the applicable waiting period.

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 091696 AND 092796

Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated

Helix Health, Inc., Coastal Physician Group, Inc., Physician Planning Group, Inc ...... 96±2749 09/16/96 Compass Group PLC (a British company), General Electric Company, Service America Corporation ...... 96±2761 09/16/96 Incentive AB, Nelson R. Shaller, Cambridge Dialysis Center at Santa Maria, Inc ...... 96±2834 09/16/96 WMX Technologies, Inc., Kamilche Company, Simpson Paper Company ...... 96±2847 09/16/96 Imperial Credit Industries, Inc., Textron, Inc., Avco Financial Services, Inc. and Avco Leasing ...... 96±2850 09/16/96 National Data Corporation, Equifax Inc., Equifax Healthcare EDI Services, Inc ...... 96±2858 09/16/96 General Electric Company, Dataflex Corporation, Dataflex Corporation ...... 96±2863 09/16/96 Kidd, Kamm Equity Partners, L.P., MEM Company, Inc., MEM Company, Inc ...... 96±2876 09/16/96 United Wisconsin Services, Inc., American Medical Security Group, Inc., American Medical Security Group, Inc ...... 96±2882 09/16/96 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53225

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 091696 AND 092796ÐContinued

Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated

Wallace J. Hilliard, United Wisconsin Services, Inc., United Wisconsin Services, Inc ...... 96±2883 09/16/96 E. Bronson Ingram Q±TIP Marital Trust, Ingram Industries Inc., Ingram Micro Inc ...... 96±2891 09/16/96 Philip M. Pfeffer, Ingram Industries Inc., Ingram Micro Inc ...... 96±2892 09/16/96 Erskin B. Ingram Trust for David B. Ingram (6/14/68), Ingram Industries Inc., Ingram Entertainment Inc ...... 96±2893 09/16/96 David B. Ingram, Ingram Industries Inc., Ingram Micro Inc ...... 96±2894 09/16/96 Orrin H. Ingram, II, Ingram Industries Inc., Ingram Micro Inc ...... 96±2895 09/16/96 Martha R. Ingram, Ingram Industries Inc., Ingram Micro Inc ...... 96±2896 09/16/96 McCown De Leeuw & Co. III, L.P., Sara Wilcox and James R. Wilcox, Sarcom, Inc ...... 96±2897 09/16/96 PhyCor, Inc., Toledo Clinic, Inc., Toledo Clinic, Inc ...... 96±2898 09/16/96 Northland Cable Properties Six Limited Partnership, Tele-communications, Inc., TCI Cablevision of Georgia, Inc ...... 96±2747 09/17/96 Titanium Metals Corporation, Antonia Ax:son Johnson, Axel Johnson Metals, Inc ...... 96±2865 09/17/96 Mallinckrodt Group Inc., Dr. Dean M. Graham, D.M. Graham Laboratories, Inc ...... 96±2872 09/17/96 Teleflex Incorporated, Mr. Norbert A. Bruns, Lehr Precision, Inc ...... 96±2878 09/17/96 Teleflex Incorporated, Mr. Edward C. Bruns, Lehr Precison, Inc...... 96±2879 09/17/96 Patrick P. Lee, William M. Jones, Cleveland Machine Controls, Inc ...... 96±2899 09/17/96 American Radio Systems Corporation, Allen B. Shaw, Crescent Communications L.P ...... 96±2821 09/18/96 ACX Technologies, Inc., Photocomm, Inc., Photocomm, Inc ...... 96±2824 09/18/96 Belmont Homes, Inc., Third Amended and Restated Stephen M. Suddath R/T, Bellecrest Homes, Inc ...... 96±2857 09/18/96 BellSouth Corporation, PriCellular Corporation, Cellular Information Systems of Florence, Inc ...... 96±2870 09/18/96 Cal Dive International, Inc., McDermott International, Inc., J. Ray McDermott, S.A ...... 96±2906 09/18/96 McDermott International, Inc., Cal Dive International, Inc., Cal Dive International, Inc ...... 96±2907 09/18/96 Lifespan Corporation, St. Joseph Health Services of Rhode Island, St. Joseph Health Services of Rhode Island ...... 96±2733 09/19/96 Beth Israel Corporation, Mount Auburn Foundation, Inc., Mount Auburn Foundation, Inc ...... 96±2798 09/19/96 Equity-Linked Investors, L.P., Visionworks Holdings, Inc., Visionworks Holdings, Inc ...... 96±2909 09/19/96 Richards Capital Fund, L.P., U.S. Industries, Inc., Tubular Textile Machinery Corporation ...... 96±2861 09/20/96 AgriBioTech, Inc., Berisford, PLC, Germain's, Inc., W±L Research, Inc., Flintrock, Inc ...... 96±2873 09/20/96 Universal Outdoor Holdings, Inc., Outdoor Advertising Holdings, Inc., Outdoor Advertising Holdings, Inc ...... 96±2905 09/20/96 Scott K. Ginsburg, Rex B. Rivers, WEDR Inc ...... 96±2915 09/20/96 Atrium Corporation, Howard S. Saffan, Vinyl Building Specialties of Connecticut, Inc ...... 96±2916 09/20/96 Atrium Corporation, Leslie Goldbloom, Vinyl Building Specialties of Connecticut, Inc ...... 96±2917 09/20/96 Big Flower Press Holdings, Inc., PCC Investments, L.P., Pacific Color Connection, Inc ...... 96±2922 09/20/96 The Finger Lakes Companies, Inc., Excellus, Inc., Excellus, Inc ...... 96±2924 09/20/96 Leandro P. RIzzuto, Bausch & Lomb Incorporated, Bausch & Lomb Oral Care Division, Inc ...... 96±2925 09/20/96 PhyCor, Inc., Hattiesburg Clinic Professional Association, Hattiesburg Clinic Professional Association ...... 96±2928 09/20/96 Heilig-Meyers Company, James A. McMahan, McMahan's Furniture Stores ...... 96±2929 09/20/96 General Electric Company, Travelers Group Inc., Commercial Credit Company (Hawaii) ...... 96±2933 09/20/96 Osicom Technologies, Inc., Cray Electronics Holdings, PLC (an English company), CEH Holdings, Inc ...... 96±2934 09/20/96 Gilbert Associates, Inc., Bruce E. Creger, SAFCO Corporation ...... 96±2938 09/20/96 Quaker State Corporation, Mark Reichenbaum a/k/a Mark Owens, MEDCO Industries, Inc ...... 96±2942 09/20/96 The Coastal Corporation, Primark Corporation, Primark Storage Leasing Corporation ...... 96±2950 09/20/96 Patterson Dental Company, Deluxe Corporation, Colwell Systems Division ...... 96±2951 09/20/96 ValueVision International, Inc., General Electric Company, Montgomery Ward Direct, L.P ...... 96±2954 09/20/96 ValueVision International, Inc., Bernard F. Brennan, Montgomery Wards Direct, L.P ...... 96±2955 09/20/96 Grupo Acerero del Norte, S.A. de C.V. (a Mexican co), Consolidated Nevada Goldfields Corporation, Consolidated Nevada Goldfields Corporation ...... 96±2957 09/20/96 Thyssen Aktiengesselschaft, John W. Clark, Clark Metals, Inc ...... 96±2965 09/20/96 U.S. Province o/t CongregationÐSisters of Bon Secours, Mercy Hospital, Altoona, Mercy Hospital, Altoona ...... 96±2966 09/20/96 Compagnie de Suez, Tractebel, S.A., Tractebel, S.A ...... 96±2993 09/20/96 Mid-America Dairymen, Inc., Richard Riordan, RVM Dairy Holding Corporation ...... 96±2723 09/22/96 MBNA Corporation, NationsBank Corporation, NationsBank, N.A ...... 96±2953 09/23/96 Silgan Holdings Inc., Pro-Fac Cooperative, Inc., Finger Lakes Packaging Co., Inc ...... 96±2799 09/24/96 Cisco Systems, Inc., Andreas Bechtolsheim, Granite Systems, Inc ...... 96±2840 09/24/96 Andreas Bechtolsheim, Cisco Systems, Inc., Cisco Systems, Inc ...... 96±2841 09/24/96 Rubbermaid Incorporated, GCP Investors, Inc., GCP Investors, Inc ...... 96±2885 09/24/96 U.S. Diagnostic Labs Inc., Medical Imaging Centers of America, Inc., Medical Imaging Centers of America, Inc ...... 96±2935 09/24/96 Shiloh Industries, Inc., Greenfield Die & Manufacturing Corp., Greenfield Die & Manufacturing Corp ...... 96±2937 09/24/96 Ontario Teachers' Pension Plan Board, Winton M. Blount, Blount International, Inc ...... 96±2766 09/25/96 Respironics, Inc., LIFECARE International, Inc., LIFECARE International, Inc ...... 96±2811 09/25/96 Tracor, Inc., Cordant Holdings Corporation, Cordant Holdings Corporation ...... 96±2839 09/25/96 Conseco, Inc., Conseco Capital Partners II, L.P., American Life Holdings, Inc ...... 96±2884 09/25/96 Household International, Inc., NationsBank Corporation, NationsBank, N.A ...... 96±2900 09/25/96 Caribiner International, Inc., General Electric Company, General Electric Capital Computer Leasing Corporation ...... 96±2943 09/25/96 United States Filter Corporation, CGW Southeast Partners I, L.P., USG Holding Corporation/the Utility Supply Group, Inc ...... 96±2945 09/25/96 Hicks, Muse, Tate & Furst Equity Fund III, L.P., The Estate of Carter Burden, Commodore Media, Inc ...... 96±2946 09/25/96 Harrowston Inc., ZS Coulton L.P., Coulton Chemical Company L.P ...... 96±2716 09/26/96 The Interpublic Group of Companies, Inc., Robert A. Ingram, Media Incorporated ...... 96±2948 09/26/96 The Interpublic Group of Companies, Inc., Michael Kubin, Media Incorporated ...... 96±2949 09/26/96 Delphi Group plc, Alpine Computer Systems, Inc., Alpine Computer Systems, Inc ...... 96±2952 09/26/96 DAKA International, Inc., DAKA International, Inc., Daka Restaurants, L.P ...... 96±2958 09/26/96 United Auto Group, Inc., Charles F. Evans, Charles Evans BMW, Inc. & Charles Evans Nissan, Inc ...... 96±2963 09/26/96 53226 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

TRANSACTIONS GRANTED EARLY TERMINATION BETWEEN: 091696 AND 092796ÐContinued

Date termi- Name of acquiring person, name of acquired person, name of acquired entity PMN No. nated

HIG Investment Group, L.P., Woodrow A. Hall, Film Fabricators, Inc ...... 96±2976 09/27/96

FOR FURTHER INFORMATION CONTACT: the movement of HRS to a multi- hardware, software and personnel costs Sandra M. Peay, or Parcellena P. customer, competitive, fee-for-service, while maintaining the highest system Fielding, Contact Representative, cost centered organization, and integrity and employing state-of-the-art Federal Trade Commission, Premerger personnel policy coordination for the data processing techniques where Notification Office, Bureau of Program Support Center (PSC): (4) appropriate; (6) Performs quality Competition, Room 303, Washington, Formulates and implements the multi- assurance, including acceptance testing, DC 20580, (202) 326–3100. year plan for the HRS: (5) Directs the for all new systems/subsystems, major By Direction of the Commission. human resources program for the PSC: enhancements and systems changes for (6) Provides leadership to ensure the Donald S. Clark, the human resource information system; effective administration of the Board for (7) Serves as HRS ADP Systems Security Secretary. Correction of PHS Commissioned Corps [FR Doc. 96–26015 Filed 10–9–96; 8:45 am] Officer, including physical security, Records; (7) Provides leadership in system back-up, file access security, BILLING CODE 6750±01±M establishing and maintaining an Equal access codes, adherence to Privacy and Employment Opportunity (EEO) Freedom of Information Act Program for the PSC. The PSC EEO DEPARTMENT OF HEALTH AND requirements and security standards for Program includes the development and the human resource and payroll system; HUMAN SERVICES implementation of EEO policies, (8) Develops, publishes, maintains and procedures and practices, a complaints ensures adherence to ADP standards Statement of Organization, Functions processing system, and the and procedures; (9) Controls and and Delegations of Authority; Program administration of a special emphasis Support Center program for women, Hispanics, persons maintains system documentation, including all documentation of a change Part P, (Program Support Center) of with disabilities, and other minorities; and (8) Administers an EEO complaints or development cycle; and (10) Builds the Statement of Organization, and maintains a regression library to be Functions and Delegations of Authority investigation program for the used in the standard test systems. for the Department of Health and Department. Human Services (60 FR 51480, October Under the heading Systems Design Under the heading Systems Integrity 2, 1995, as amended most recently at 61 and Analysis Division (PBB), insert item Division (PBE), delete the title and FR 52033, October 4, 1996) is amended (6) Schedules and carries out the functional statement in its entirety. implementation of new systems changes to reflect a reorganization of functions Under the heading Business Systems into the production operation. within the Human Resources Service Engineering Division (PBF), delete the (HRS). This reorganization is taking Under the heading Systems Engineering and Maintenance Division functional statement in its entirety and place to provide an effective substitute it with the following: organization structure to support the (PBC), delete the functional statement in movement of HRS into a multi- its entirety and substitute it with the Business Systems Engineering Division customer, fee-for-service, cost centered following: (PBF) organization. Systems Engineering and Maintenance (1) Administers the full range of Division (PBC) Program Support Center human resource ADP support systems to Part P, Section P–20, Functions, is (1) Maintains and enhances the manage the Commissioned Corps amended as follows: Department’s automated personnel and personnel system of the Public Health Under Chapter PA, Officer of the payroll system and subsystems; (2) Service; (2) Performs systems analysis, Director (PA), delete the title and Administers the Department’s human design, development, testing, statement in its entirety for the Office of resource data base through data documentation and production for Equal Employment Opportunity (PA4). definition, development of data changes, enhancements and new Chapter PB, Human Resources structures, imposition of security requirements to the Commissioned Service (PB) is amended as follows: measures, data base maintenance and Corps human resource ADP support Delete the functional statement in its control of user access and use of data; systems; and (3) Schedules, operates entirety for the Office of the Director (3) Develops detailed system and/or and maintains systems applications, (PBA) and substitute it with the subsystem specifications, program including the production of official following: specifications, program modules, files, personnel orders and monthly payroll data bases, libraries and documentation transactions for the U.S. Treasury. Office of the Director (PBA) necessary to support system (1) Provides executive direction, maintenance and development Delete the titles and functional leadership, guidance and support to all activities; (4) Participates in the statements in their entirety for the Human Resources Service (HRS) development of test criteria and test Southwest Personnel Operations components; (2) Oversees the methodology necessary to conduct Division (PBK) and the Parklawn development and implementation of system/subsystem and program level Personnel Operations Division (PBL). administrative support functions for the tests needed to ensure the integrity of Establish the Personnel Policy, HRS including budgeting, acquisition, the Department’s automated personnel Programs and Organizational personnel, and facilities management; and payroll system; (5) Develops and Development Division (PBN) and enter (3) Provides leadership and direction in implements methods for reduction in the functional statement as follows: Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53227

Personnel Policy, Programs and all aspects of personnel administration the Employee and Labor Relations Organizational Development Division including analyzing employee Division by other HHS organizations (PBN) resources, forecasting future and external customers; (4) Develops (1) Plans, develops, coordinates and requirements, coordinating policy to and administers written policies, implements policies and guidance to meet departmental mission and public procedures, planning and guidance meet the programmatic needs of the interest needs, and communication to materials on the full range of employee Human Resources Service, the Office of managers, supervisors, and employees; relations program areas for the PSC and the Secretary (OS), the Office of (5) Provides the full range of personnel its customers; (5) Provides advice and Inspector General and the operations services and consultation to assistance on employee relations managers in their human resources services and consultation to managers, Administration on Aging; (2) Provides activities, including recruitment, supervisors and employees, including policies and guidance to managers in staffing, position classification, pay adverse actions, employee performance the full range of human resource administration, performance deficiencies, discipline, grievances and management activities, including management, awards, security, special appeals, reduction-in-force, incentive compensation, performance and executive recruitment, and awards program, leave regulations, management, leave, merit staffing, Commissioned Corps liaison activities; standards of conduct, fitness for duty classification, career management, and (6) Provides retirement and benefits and violence in the work place, alternative work schedules, flexiplace, counseling, and maintains official retirement, worker’s compensation, and delegations of personnel personnel records. conflict of interest, including outside authorities; (3) Develops systems to Establish the Training and Career activities, and financial disclosure; (6) facilitate the implementation of policies, Development Division (PBQ) and enter Provides expert managerial advisory evaluate effectiveness, monitor and the functional statement as follows: services to management on the full provide feedback on critical areas that range of labor relations functions, impact on human resource management Training and Career Development including negotiated agreements, programs, and policy implementation; Division (PBQ) contract dispute resolution and the (4) Provides consultative services and (1) Administers a comprehensive National Partnership Council; and (7) expert advice to organizations effecting training and career development Administers the full range of special change management activities. program for headquarters and field initiative programs including all official Specialized services include components of the Office of the Department commemorative events, restructuring, streamlining, employee Secretary, the Office of Inspector special incentives and honor awards empowerment, quality management, General, the Program Support Center programs, special leave programs, and team building, program evaluation, and and the Administration on Aging; (2) employee suggestions programs. other organizational improvement Provides consolidated training for HHS efforts; (5) Oversees the operation of the components and external customers in Dated: October 2, 1996. Career Management Center and provides Southwest Washington, D.C. and in the Lynnda M. Regan, individual consultative services and Parklawn, Rockville, Maryland Director, Program Support Center. expert advice to employees on career complex, other Federal agencies and [FR Doc. 96–26092 Filed 10–9–96; 8:45 am] related activities; and (6) Oversees the external customers; (3) Develops and BILLING CODE 4160±17±M operation of the Employee Assistance implements strategies and processes to Program (EAP) for OS, PSC and other ensure that HRS training services HHS components located in the becomes a multi-customer, competitive, Centers for Disease Control and Southwest Washington, DC area. fee-for-service, cost centered Prevention Services include intake, assessment, organization; and (4) Formulates and referral of employees, and education of implements marketing strategies to Citizens Advisory Committee on Public employees and management about EAP competitively promote the utilization of Health Service Activities and Research services. the Training and Career Development at Department of Energy (DOE) Sites: Establish the Personnel Operations Division services by other HHS Savannah River Site Health Effects Division (PBP) and enter the functional organizations and external customers. Subcommittee Meeting statement as follows: Establish the Employee and Labor In accordance with section 10(a)(2) of Personnel Operations Division (PBP) Relations Division (PBR) and enter the the Federal Advisory Committee Act functional statement as follows: (Pub. L. 92–463), the Agency for Toxic (1) Administers a comprehensive Substances and Disease Registry human resources management program Employee and Labor Relations Division (PBR) (ATSDR) and the Centers for Disease for headquarters and field components Control and Prevention (CDC), of the Office of the Secretary, the Office (1) Administers a comprehensive announce the following meeting: of Inspector General, the Program employee and labor relations program Support Center and the Administration for headquarters and field components Name: Citizens Advisory Committee on on Aging; (2) Develops and implements of the Office of the Secretary, the Office Public Health Service Activities and Research at DOE Sites: Savannah River Site strategies and processes to ensure the of Inspector General, the Program Health Effects Subcommittee (SRS). progression of the Personnel Operations Support Center, the Administration on Times and Dates: 8 a.m.–5 p.m., October Division to a multi-customer, Aging, other HHS components and 24, 1996. 8 a.m.–12 noon, October 25, 1996. competitive, fee-for-service, cost external customers; (2) Develops and Place: Terrace Garden Buckhead, 3405 centered organization; (3) Formulates implements strategies and programs to Lenox Road, N.E., Atlanta, Georgia 30326, and implements marketing strategies to ensure that the Employee and Labor telephone 404/261–9250, FAX 404/848– promote the utilization of the Personnel Relations Division becomes a multi- 7391. Status: Open to the public, limited only by Operations Division services by other customer, competitive, fee-for-service the space available. The meeting room HHS components and external cost centered organization; (3) accommodates approximately 50 people. customers; (4) Provides personnel Formulates and implements marketing Background: Under a Memorandum of management advice and assistance on strategies to promote the utilization of Understanding (MOU) signed in December 53228 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

1990 with DOE, the Department of Health Health Care Financing Administration Planning Staff, Attention: John Burke, and Human Services (HHS) has been given [Document Identifier: HCFA±R±96] Room C2–26–17, 7500 Security the responsibility and resources for Boulevard, Baltimore, Maryland 21244– conducting analytic epidemiologic Agency Information Collection 1850. investigations of residents of communities in Activities: Proposed Collection: Dated: October 3, 1996. the vicinity of DOE facilities, workers at DOE Comment Request Edwin J. Glatzel, facilities, and other persons potentially Director, Management Analysis and Planning AGENCY: Health Care Financing exposed to radiation or to potential hazards Staff, Office of Financial and Human from non-nuclear energy production use. Administration, HHS. In compliance with the requirement Resources, Health Care Financing HHS delegated program responsibility to of section 3506(c)(2)(A) of the Administration. CDC. [FR Doc. 96–26003 Filed 10–9–96; 8:45 am] In addition, an MOU was signed in October Paperwork Reduction Act of 1995, the BILLING CODE 4120±03±M 1990 and renewed in November 1992 Health Care Financing Administration between ATSDR and DOE. The MOU (HCFA), Department of Health and delineates the responsibilities and Human Services, is publishing the National Institutes of Health procedures for ATSDR’s public health following summaries of proposed activities at DOE sites required under collections for public comment. Proposed Collection; Comment sections 104, 105, 107, and 120 of the Interested persons are invited to send Request; Evaluation of NIH Comprehensive Environmental Response, comments regarding this burden Implementation of Section 491 of the Compensation, and Liability Act (CERCLA or estimate or any other aspect of this Public Health Service Act, Mandating a ‘‘Superfund’’). These activities include health collection of information, including any Program of Protection for Research consultations and public health assessments of the following subjects: (1) The Subjects at DOE sites listed on, or proposed for, the necessity and utility of the proposed Superfund National Priorities List and at information collection for the proper SUMMARY: In compliance with the sites that are the subject of petitions from the performance of the agency’s functions; requirement of Section 3506(c)(2)(A) of public; and other health-related activities the Paperwork Reduction Act of 1995, such as epidemiologic studies, health (2) the accuracy of the estimated burden; (3) ways to enhance the quality, for opportunity for public comment on surveillance, exposure and disease registries, proposed data collection projects, the health education, substance-specific applied utility, and clarity of the information to be collected; and (4) the use of National Institutes of Health (NIH), research, emergency response, and Office of the Director, will publish preparation of toxicological profiles. automated collection techniques or Purpose: This subcommittee is charged other forms of information technology to periodic summaries of proposed with providing advice and recommendations minimize the information collection projects to be submitted to the Office of to the Director, CDC, and the Administrator, burden. Management and Budget (OMB) for ATSDR, regarding community, American 1. HFCA–R–96 Type of Information review and approval. Indian Tribes, and labor concerns pertaining Collection Request: Extension of PROPOSED COLLECTION: Title: Evaluation to CDC’s and ATSDR’s public health currently approved collection; Title of of NIH Implementation of Section 491 of activities and research at respective DOE Information Collection: Emergency and the Public Health Service Act, sites. Activities focus on providing a forum Foreign Hospital Services-Beneficiary Mandating a Program of Protection for for community, American Indian Tribal, and Statement In Canadian Travel Claims Research Subjects. Type of Information labor interaction and serve as a vehicle for and Supporting Regulation 42 CFR Collection: EXTENSION of OMB No. community concern to be expressed as 424.123; Form No.: HCFA–R–96; Use: 0925–0404, expiration 12/31/96. Need advice and recommendations to CDC and This form is completed by beneficiaries, and use of Information Collection: This ATSDR. study will assess the performance of the Matters to be Discussed: Agenda items representative, or assignees to support include presentations from the National claims for payments for Medicare system of human subjects protections. It Center for Environmental Health (NCEH), the covered emergency services provided in will provide up-to-date comprehensive National Institute for Occupational Safety Canada. 42 CFR 424.123 is the and systematic information on the and Health (NIOSH), and ATSDR on the regulation supporting this collection of effectiveness and efficiency of progress of current studies; presentations by information; Frequency: On occasion; procedural protections by measuring Radiological Assessments Corporation on the Affected Public: Individuals or outcome, output, process, and resources SRS Environmental Dose Reconstruction households; Number of Respondents: of the current system to develop Project Task 3: Source Term Calculations and 1,100; Total Annual Responses: 1,100; possible recommendations. The study Task 4: Data Evaluation; and results of the Total Annual Hours: 275. will use survey, interview, and record Fernald Dosimetry Reconstruction Project. To obtain copies of the supporting extraction methodologies. Development Agenda items are subject to change as statement for the proposed paperwork of the survey instruments and priorities dictate. An unavoidable administrative delay collections referenced above, access methodology has involved prevented meeting the fifteen day publication HCFA’s Web Site Address at http:// representatives of the affected public requirement. www.hcfa.gov, or to obtain the over the past 2 years. Frequency of Contact Persons for More Information: Paul supporting statement and any related Response: One time response. Affected G. Renard or Nadine Dickerson, Radiation forms, E-mail your request, including Public: Individuals or households; Not- Studies Branch, Division of Environmental your address and phone number, to for Profit Institutions; State, Local, or Hazards and Health Effects, NCEH, CDC, [email protected], or call the Reports Tribal Government. Type of 4770 Buford Highway, NE, (F–35), Atlanta, Clearance Office on (410) 786–1326. Respondents: University officials, staff, Georgia 30341–3724, telephone 770/488– Written comments and and faculty. The annual reporting 7040, FAX 770/488–7044. Dated: October 4, 1996. recommendations for the proposed burden is as follows: Estimated Number Carolyn J. Russell, information collections must be mailed of Respondents: 2,358; Number of Director, Management Analysis and Services within 60 days of this notice directly to Responses per Respondent: 1; Average Office, Centers for Disease Control and the HCFA Paperwork Clearance Officer Burden per Response: 0.513 hr.; and Prevention (CDC). designated at the following address: Estimated Total Annual Burden Hours [FR Doc. 96–26052 Filed 10–9–96; 8:45 am] HCFA, Office of Financial and Human Requested: 1,210. The annualized cost BILLING CODE 4163±18±M Resources, Management Analysis and to respondents is $57,605. There are no Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53229

Capital Costs to report. There are no was established to advise the Director of 7405, Bethesda, MD 20892–7405, Telephone: Operating or Maintenance Costs to the OAR regarding these activities. 301/496–7930. report. The agenda of the meeting will Purpose/Agenda: This meeting will be include the following: the FY 1997 devoted to the review, discussion, and REQUESTS FOR COMMENTS: Written evaluation of a grant application. comments and/or suggestions from the AIDS research budget, the FY 1998 HIH Plan for HIV-Related Research, the Name of SEP: Synthesis of Selected public and affected agencies are invited Chemical Carcinogens and Chemopreventive on one or more of the following points: process for implementing the Agents. (1) Whether the proposed collection of recommendations from the NIH AIDS Date: October 25, 1996. information is necessary for the proper Research Program Evaluation, and a Time: October 25—8:30 am. performance of the function of the new proposal for the use of the OAR Place: 6100 Executive Boulevard, agency, including whether the discretionary fund. Conference Room 1, Rockville, MD 20852. information will have practical utility; Copies of the meeting agenda and the Contact Person: Dr. Courtney Michael Kerwin, Scientific Review Administrator, (2) The accuracy of the agency’s roster of council members will be furnished upon request by Jeannette R. National Cancer Institute, NIH, Executive estimate of the burden of the proposed Plaza North, Room 601, 6130 Executive collection of information, including the De Lawter, Program Analyst, Office of Boulevard MSC 7405, Bethesda, MD 20892– validity of the methodology and AIDS Research, National Institutes of 7405, Telephone: 301/496–7421. assumptions used; (3) Ways to enhance Health, Building 31, Room 4B54,9000 Purpose/Agenda: This meeting will be the quality, utility and clarity of the Rockville Pike, Bethesda, MD 20892, devoted to the review, discussion, and information to be collected; and (4) Phone (301) 402–3357, Fax (301) 402– evaluation of a grant application. Ways to minimize the burden of the 3360. Any individual who requires Name of SEP: Biology & Genetics of collection of information on those who special assistance, such as sign language Marrow Allografts for Leukemia. are to respond, including the use of interpretation or other reasonable Date: November 20–22, 1996. Time: November 20—7 pm, November 21– appropriate automated, electronic, accommodations, should contact Mrs. De Lawter no later than October 22. 22, 8 am. mechanical, or other technological Place: Loews New York, 569 Lexington collection techniques or other forms of Dated: October 3, 1996. Avenue, New York, NY 10022. information technology. Paula N. Hayes, Contact Person: Dr. Ray Bramhall, FOR FURTHER INFORMATION: To request Acting Committee Management Officer, NIH. Scientific Review Administrator, National more information on the proposed [FR Doc. 96–25970 Filed 10–9–96; 8:45 am] Cancer Institute, NIH, Executive Plaza North, Room 643, 6130 Executive Boulevard MSC project or to obtain a copy of the data BILLING CODE 4140±01±M 7405, Bethesda, MD 20892–7405, Telephone: collection plans and instruments, 301/496–3428. contact Dr. Charles R. MacKay, Project Purpose/Agenda: This meeting will be Clearance Officer, Office of Policy for National Cancer Institute; Notice of devoted to the review, discussion, and Extramural Research Administration, Closed Meetings evaluation of a grant application. Office of Extramural Research, Office of Pursuant to Section 10(d) of the The meetings will be closed in accordance the Director, NIH, Rockledge 2, 6701 Federal Advisory Committee Act, as with the provisions set forth in secs. Rockledge Drive, MSC 7730, Room 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. amended (5 U.S.C., Appendix 2), notice Applications and/or proposals and the 2196, Bethesda, MD 20892–7730, or call is hereby given of the meetings of the nontoll-free number (301) 435–0978 or discussions could reveal confidential trade National Cancer Institute Special secrets or commercial property such as E-mail your request, including your Emphasis Panel (SEP): patentable material and personal information address to: [email protected]. Name of SEP: 3D Conformal Radiation concerning individuals associated with the COMMENTS DUE DATE: Comments Therapy. applications and/or proposals, the disclosure regarding this information collection are Date: October 15–17, 1996. of which would constitute a clearly best assured of having their full effect if Time: October 15—7 pm, October 16–17, 8 unwarranted invasion of personal privacy. received on or before December 9, 1996. am. (Catalog of Federal Domestic Assistance Dated: October 3, 1996. Place: Dumont Hotel—New York; New Program Numbers: 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Geoffrey E. Grant, York, NY 10016. Contact Person: Dr. Gerald Lovinger, Detection and Diagnosis Research; 93.395, Acting Deputy Director for Extramural Scientific Administrator, National Cancer Cancer Treatment Research; 93.396, Cancer Research, NIH. Institute, NIH, Executive Plaza North, Room Biology Research; 93.397, Cancer Centers [FR Doc. 96–25978 Filed 10–9–96; 8:45 am] 630C, 6130 Executive Boulevard MSC 7405, Support; 93.398, Cancer Research Manpower; BILLING CODE 4140±01±M Bethesda, MD 20892–7405, Telephone: 301/ 93.399, Cancer Control) 496–7987. Dated: October 3, 1996. Purpose/Agenda: This meeting will be Paula N. Hayes, Notice of a Meeting of the Office of devoted to the review, discussion, and Acting Management Officer, NIH. AIDS Research Advisory Council evaluation of a grant application. This notice is being published less than 15 [FR Doc. 96–25971 Filed 10–9–96; 8:45 am] Pursuant to P.L. 92–463, notice is days prior to the above meeting due to the BILLING CODE 4140±01±M hereby given of the Third meeting of the urgent need to meet timing limitations Office of AIDS Research Advisory imposed by the review and funding cycle. Council (OARAC) on October 29, 1996, Name of SEP: Oncogenes & Mitogenes— National Cancer Institute; Notice of from 8:30 a.m. to 5:00 p.m., at the Intracellular. Meeting National Institutes of Health, 9000 Date: October 22, 1996. Pursuant to Public Law 92–463, Rockville Pike, Building 31, C Wing, Time: October 22—1 pm. notice is hereby given of a meeting of Sixth Floor, Conference Room 10. The Place: Teleconference, Executive Plaza North, 6130 Executive Boulevard, Rockville, the President’s Cancer Panel. meeting will be open to the public. MD 20852. This meeting will be open to the The Office of AIDS Research is Contact Person: Dr. Martin H. Goldrosen, public as indicated below, with responsible for the planning, Scientific Review Administrator, National attendance by the public limited to coordination, and evaluation of the NIH Cancer Institute, NIH, Executive Plaza North, space available. Individuals who plan to AIDS research program. The OARAC Room 635F, 6130 Executive Boulevard MSC attend and need special assistance, such 53230 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices as sign language interpretation or other National Institute of Health in section 552b(c)(6), Title 5, U.S.C. The reasonable accommodations, should closed sessions will be devoted to the notify the Contract Person listed below. National Cancer Institute; Notice of review, discussion and evaluation of Closed Meeting This meeting will be closed in individual programs and projects. This accordance with the provisions set forth Pursuant to Section 10(d) of the will include consideration of personnel qualifications and performance, the in section 552b(c)(9), Title 5, U.S.C. for Federal Advisory Committee Act, as competence of individual investigators discussion of future meetings and amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting and similar matters, the disclosure of preparation of the annual report of the which would constitute a clearly President. These discussions could of the National Cancer Institute Initial Review Group: unwarranted invasion of personal disclose information, the premature privacy. disclosure of which would be likely to Purpose/Agenda: Review, discussion and significantly frustrate implementation of evaluation of individual grant applications. Committee Name: Board of Scientific Counselors, National Cancer Institute— proposed action the Panel may plan to Committee Name: NCI Initial Review Clinical Sciences Subcommittee. take. Group—Education Subcommittee G. Date: November 13, 1996. Date: November 4, 1996. Carole Frank, the Committee Time: 8 a.m. Place: National Institutes of Health, 9000 Management Officer, National Cancer Place: The Holiday Inn Georgetown, 2101 Rockville Pike, Bldg. 31, C Wing, 6th floor, Institute, Executive Plaza North, Room Wisconsin Avenue, N.W., Washington, DC Conference Room 10, Bethesda, MD 20892. 630M, 6130 Executive Blvd., MSC 7405, 20007. Open: November 4, 1996—8:30 a.m. to 9:00 Bethesda, MD 20892–7405 (301/496– Contact Person: Dr. John W. Abrell, a.m. Scientific Review Administrator, National Agenda: Welcoming remarks, 5708) will provide a summary of the Cancer Institute, NIH, Executive Plaza North, introductions and several presentations meeting and the roster of committee Room 635B, 6130 Executive Boulevard MSC regarding the National Cancer Institute’s members upon request. Other 7405, Bethesda, MD 20892–7405 Telephone: current and future activities. information pertaining to the meetings 301/496–9767. Closed: November 4, 1996—9:00 a.m. to may be obtained from the contact The meeting will be closed in accordance 6:00 p.m. person indicated below. with the provisions set forth in sections Agenda: To discuss administrative 552(c)(4) and 552b(c)(6), title 5, U.S.C. confidential site visit reports pertaining to Committee Name: President’s Cancer Applications and the discussions could laboratories in the Division of Clinical reveal confidential trade secrets or Panel. Sciences. commercial property such as patentable Date: October 24–25, 1996. Contact Person: Edison Liu, M.D., Building material and personal information Place: Rhode Island Hospital, George 31, Room 3A11, 9000 Rockville Pike, concerning individuals associated with the Building, George Auditorium, 593 Eddy Bethesda, MD 20892, Telephone: (301) 496– Street, Providence, RI 02903. applications, the disclosure of which would constitute a clearly unwarranted invasion of 3251. Closed: October 24, 1996—7 p.m. to 9 p.m. personal privacy. Committee Name: Board of Scientific Agenda: Planning Session to discuss future Counselors, National Cancer Institute—Basic meetings and preparation of the mandatory (Catalog of Federal Domestic Assistance Program Numbers: 93.393, Cancer Cause and Sciences Subcommittee. Annual Report of the Chairman to the Prevention Research; 93.394, Cancer Date: November 6–7, 1996. President. Detection and Diagnosis Research; 93.395, Place: National Institutes of Health, 9000 Open: October 25, 1996—8:30 a.m. to 5 Cancer Treatment Research; 93.396, Cancer Rockville Pike, Bldg. 31, C Wing, 6th floor, p.m. Biology Research; 93.397, Cancer Centers Conference Room 10, Bethesda, MD 20892. Agenda: Issues in Translational Research/ Support; 93.398, Cancer Research Manpower; Open: November 7, 1996—8:30 a.m. to 9:00 The Crisis and Solutions for Phase I Trials 93.399, Cancer Control) a.m. and Associated Issues. Dated: October 3, 1996. Agenda: Welcoming remarks, Contact Person: Dr. Maureen O. Wilson, Paula N. Hayes, introductions and several presentations regarding the National Cancer Institute’s Executive Secretary, National Cancer Acting Committee Management Officer, NIH. Institute, Building 31, Room 4A43–2473, 31 current and future activities. [FR Doc. 96–25973 Filed 10–9–96; 8:45 am] Center Drive, Bethesda, MD 20892–2473, Closed: November 6, 1996—7:00 p.m. to 301/496–1148. BILLING CODE 4140±01±M 10:00 p.m., November 7, 1996—9:00 a.m. to This notice is being published less than 15 6:00 p.m. Agenda: To discuss administrative days prior to the meeting due to the urgent National Institutes of Health need to proceed with the meeting as confidential site visit reports pertaining to laboratories in the Division of Basic Sciences. scheduled in order to address these issues in National Cancer Institute; Notice of a timely manner. Contact Person: Edward Harlow, Ph.D., Meetings Building 31, Room 3A11, 9000 Rockville (Catalog of Federal Domestic Assistance Pursuant to Public Law 92–463, Pike, Bethesda, MD 20892, Telephone: (301) Program Numbers: 93.393, Cancer Cause and 435–2277. Prevention Research; 93.394, Cancer notice is hereby given of the meetings of (Catalog of Federal Domestic Assistance Detection and Diagnosis Research; 93.395, the Board of Scientific Counselors, National Cancer Institute. Program Numbers: 93.393, Cancer Cause and Cancer Treatment Research; 93.396, Cancer Prevention Research; 93.394, Cancer Biology Research; 93.397, Cancer Centers The meetings will be open to the public as indicated below, with Detection and Diagnosis Research; 93.395, Support; 93.398, Cancer Research Manpower; Cancer Treatment Research; 93.396, Cancer attendance by the public limited to 93.399, Cancer Control) Biology Research; 93.397, Cancer Centers Dated: October 3, 1996. space available. Individuals who plan to Support; 93.398, Cancer Research manpower; attend and need special assistance, such 93.399, Cancer Control) Paula N. Hayes, as sign language interpretation or other Dated: October 3, 1996. Acting Committee Management Officer, NIH. reasonable accommodations, should [FR Doc. 96–25972 Filed 10–9–96; 8:45 am] notify the Contact Person listed below Paula N. Hayes, BILLING CODE 4140±01±M in advance of the meetings. Acting Committee Management Officer, NIH. The meetings will be closed in [FR Doc. 96–25974 Filed 10–9–96; 8:45 am] accordance with the provisions set forth BILLING CODE 4140±01±M Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53231

National Cancer Institute; Notice of Diseases Research; 93.838, Lung Diseases need special assistance, such as sign Cancellation of Meeting Research; and 93.839, Blood Diseases and language interpretation or other Resources Research, National Institutes of reasonable accommodations, should Notice is hereby given of the Health) notify Mrs. Ann Dieffenbach, Public cancellation of the meeting of the Dated: October 3, 1996. Information Officer, National Institute of Cancer Centers Working Group of NCI Paula N. Hayes, General Medical Sciences, National Board of Scientific Advisors scheduled Acting Committee Management Officer, NIH. Institutes of Health, Building 45, Room for October 14, 1996, which was [FR Doc. 96–25977 Filed 10–9–96; 8:45 am] 3AS–43, Bethesda, Maryland 20892, published in the Federal Register on BILLING CODE 4140±01±M (301) 496–7301, in advance of the September 26 (61 FR 50495). meeting. The meeting was canceled due to administrative complications. National Institute of Arthritis and Committee Name: Minority Biomedical Research Support Subcommittee, Minority Dated: October 3, 1996. Musculoskeletal and Skin Diseases; Programs Review Committee. Paula N. Hayes, Notice of Closed Meeting Date: November 13–14, 1996. Acting Committee Management Officer, NIH. Pursuant to Section 10(d) of the Time: 8:30 a.m.–5:00 p.m. [FR Doc. 96–25975 Filed 10–9–96; 8:45 am] Place: National Institutes of Health, Federal Advisory Committee Act, as Natcher Conference Center, Conference Room BILLING CODE 4140±01±M amended (5 U.S.C. Appendix 2), notice C, 45 Center Drive, Bethesda, Maryland is hereby given of the following 20892–6200. meeting: Open: November 13, 8:30 a.m.–9:30 a.m. National Heart, Lung, and Blood Agenda: Special reports related to Institute; Notice of Closed Meetings Purpose/Agenda: To review and evaluate grant applications. committee activities. Name of Committee: Arthritis and Closed: November 13, 9:30 a.m.–5:00 p.m., Pursuant to Section 10(d) of the November 14, 8:30 a.m.–adjournment. Federal Advisory Committee Act, as Musculoskeletal and Skin Diseases Special Grants Review Committee. Agenda: Review and evaluation of grant amended (5 U.S.C. Appendix 2), notice applications. is hereby given of the following Dates of Meeting: October 28–29, 1996. Time: October 28—7:30 a.m.—recess. Contact Person: Michael Sesma, Ph.D., National Heart, Lung, and Blood October 29—8:00 a.m.—adjournment. Scientific Review Administrator, NIGMS, Institute Special Emphasis Panel (SEP) Place of Meeting: Holiday Inn—Bethesda, Office of Scientific Review, 45 Center Drive, meetings: 8120 Wisconsin Avenue, Bethesda, Maryland Room 1AS–19H, Bethesda, Maryland 20892– 20814. 6200, Telephone (301) 594–2048. Name of SEP: Demonstration and The meeting will be closed in accordance Education Research Grant Applications. Contact Person: Theresa Lo, Ph.D., Natcher Building, 45 Center Drive, Rm 5AS–25U, with the provisions set forth in secs. Date: November 7–8, 1996. 552b(c)(4) and 552b(c)(6), Titles 5, U.S.C. Time: 9:00 a.m. Bethesda, MD 20892–6500. Telephone: 301– 594–4952. Applications and the discussions could Place: Washington National Airport Hilton, reveal confidential trade secrets or Arlington, Virginia. The meeting will be closed in accordance commercial property such as patentable Contact Person: Louise P. Corman, Ph.D., with the provisions set forth in secs. material and personal information Two Rockledge Center, Room 7180, 6701 552b(c)(4) and 552b(c)(6), Title 5 U.S.C. concerning individuals associated with the Rockledge Drive, Bethesda, MD 20892–7924, Applications and/or proposals and the applications, the disclosure of which would (301) 435–0270. discussions could reveal confidential trade Purpose/Agenda: To review and evaluate secrets or commercial property such as constitute a clearly unwarranted invasion of grant applications. patentable material and personal information personal privacy. Name of SEP: Mentored Research Scientist concerning individuals associated with the (Catalog of Federal Domestic Assistance Development Award for Minority Faculty applications and/or proposals, the disclosure Program Nos. 93.821, 93.859, 93.862, 93.863, (K01), Minority Institution Faculty Mentored of which would constitute a clearly 93.880, and 93.375, National Institute of Research Scientist Development Award unwarranted invasion of personal privacy. General Medical Sciences, National Institutes (K01), Minority Institutional Research (Catalog of Federal Domestic Assistance of Health) Training Program (T32M), and Short-Term Program Nos. [93.846, Project Grants in Dated: October 3, 1996. Training of Minority Students Program Arthritis, Musculoskeletal and Skin Disease Paula N. Hayes, Research], National Institutes of Health, (T35M) Review. Acting Committee Management Officer, NIH. Date: December 16, 1996. HHS) Time: 8:00 a.m. Dated: October 4, 1996. [FR Doc. 96–25976 Filed 10–9–96; 8:45 am] Place: Holiday Inn Bethesda, 8120 Paula N. Hayes, BILLING CODE 4140±01±M Wisconsin Avenue, Bethesda, Maryland 20814. Acting Committee Management Officer, NIH. Contact Person: Diane Reid, M.D., Two [FR Doc. 96–25969 Filed 10–9–96; 8:45 am] Office of Inspector General Rockledge Center, Room 7190, 6701 BILLING CODE 4140±01±M Rockledge Drive, Bethesda, MD 20892–7190, Program Exclusions: September 1996 (301) 435–0280. Purpose/Agenda: To review and evaluate National Institute of General Medical AGENCY: Office of Inspector General, grant applications. Sciences; Notice of Meeting HHS. These meetings will be closed in ACTION: Notice of program exclusions. accordance with the provisions set forth in Pursuant to Section 10(d) of the secs. 552(b)(c)(4) and 552b(c)(6), Title 5, Federal Advisory Committee Act, as During the month of September 1996, U.S.C. Applications and/or proposals and the amended (5 U.S.C. Appendix 2), notice the HHS Office of Inspector General discussions could reveal confidential trade is hereby given of the following imposed exclusions in the cases set secrets or commercial property such as forth below. When an exclusion is patentable material and personal information advisory committee meeting of the concerning individuals associated with the National Institute of General Medical imposed, no program payment is made applications and/or proposals, the disclosure Sciences. to anyone for any items or services of which would constitute a clearly This meeting will be open to the (other than an emergency item or unwarranted invasion of personal privacy. public as indicated below with service not provided in a hospital (Catalog of Federal Domestic Assistance attendance limited to space available. emergency room) furnished, ordered or Programs Nos. 93.837, Heart and Vascular Individuals who plan to attend and prescribed by an excluded party under 53232 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices the Medicare, Medicaid, Maternal and DEPARTMENT OF HOUSING AND behalf of public housing agencies and Child Health Services Block Grant and URBAN DEVELOPMENT resident organizations (including the Block Grants to States for Social cost of necessary travel for participants [Docket No. FR±4152±N±01] Services programs. In addition, no in such training). program payment is made to any Office of the Assistant Secretary for Grant award: $1,400,000. Recipient: Milton S. Eisenhower business or facility, e.g., a hospital, that Public and Indian Housing; Foundation, Suite 200, 1660 L Street, submits bills for payment for items or Cooperative Agreement Between the services provided by an excluded party. NW, Washington, DC 20036. Department of Housing and Urban Recipient contact person: Lynn A. Program beneficiaries remain free to Development and the Milton S. decide for themselves whether they will Curtis, President and CEO. Eisenhower Foundation (MEF)ÐFiscal Recipient phone number: (202) 429– continue to use the services of an Year 1996 excluded party even though no program 0440, fax (202) 452–0169. HUD cooperative agreement number: payments will be made for items and AGENCY: Office of the Assistant Secretary for Public and Indian DC00TTC0096. services provided by that excluded The United States Department of Housing. party. The exclusions have national Housing and Urban Development and effect and also apply to all Executive ACTION: Announcement of funding the Milton S. Eisenhower Foundation Branch procurement and non- award. entered into a cooperative agreement to procurement programs and activities. provide technical assistance to housing SUMMARY: According to section 102(a)(4)(C) of the Department of authorities to implement and evaluate Subject city, state Effective law enforcement mini-stations and date Housing and Urban Development inner-city youth safe havens in the Reform Act of 1989, this document following public housing authorities: Program-related convictions: notifies the public of the funding award District of Columbia, Columbia, SC, Moulton, Grant S, Fallon, NV 10/09/96 for Fiscal Year (FY) 1996 Technical Little Rock, AK, Memphis, TN, San Osman Pharmacy, Inc, Assistance to the Milton S. Eisenhower Vanceburg, KY ...... 10/10/96 Juan, Puerto Rico, Baltimore, MD and Foundation. The purpose of this Wilson, Karen L, Bryan, OH ... 10/10/96 Newark, NJ. In addition, the Foundation document is to announce the name and License revocation/suspension/ and HUD will identify best practices address of the grantee and the amount surrender: among drug-prevention efforts which of the award. Dubovy, Carl, Morristown, NJ 10/10/96 operate through community-based Omar, Ahmed Hussein, Hunts- FOR FURTHER INFORMATION, CONTACT: facilities, as methods public housing ville, AL ...... 10/10/96 Malcolm E. Main, Office of Crime authorities can use in support of Federal/State exclusion/suspen- Prevention and Security, Office residents, who must transition from sion Community Relations and Involvement, welfare to work. Alexander, C William, Wichita, Public and Indian Housing, Department The KOBAN police and community KS ...... 10/10/96 of Housing and Urban Development, Dorion, Theo, Richmond Hill, partnership program is a unique Room 4112, 451 7th Street, SW, innovative program to improve NY ...... 09/09/96 Washington, DC 20410, telephone (202) Default on heal loan: relationships between local law 708–1197, ext 4232. A Bulen, Jerry L, Lehigh Acres, enforcement agencies and the inner-city FL ...... 10/10/96 telecommunications device for hearing neighborhoods they patrol, to reduce Copeland, Kathryn K, St Pe- or speech-impaired persons (TDD) is crime and drug abuse in the tersburg, FL ...... 10/10/96 available at (202) 708–0850. (These are neighborhoods and prevent inner-city Downs-Reason, Cynthia L, not toll-free telephone numbers.) youth from engaging in high-risk Woodland Park, CO ...... 10/10/96 SUPPLEMENTARY INFORMATION: This behavior. The program builds on Koper, David W, Baton Rouge, cooperative agreement is authorized policing strategies that have operated LA ...... 10/10/96 under Chapter 2, Subtitle C, Title V of successfully in Japan and proven Kotula, Jeanne, Sheppard the Anti-Drug Abuse Act of 1988 (42 successful in other variations in AFB, TX ...... 10/10/96 U.S.C. 11901 et seq.), as amended by American cities. Nelson, Christopher Gustaf, Section 581 of the National Affordable Albuquerque, NM ...... 10/10/96 Dated: October 4, 1996. Housing Act of 1990 (NAHA), Public Pellerin, Stephen P, Kevin Emanuel Marchman, Law 101–625, approved November 28, Ahwahnee, CA ...... 09/24/96 Acting Assistant Secretary for Public and Plaster, Michael A, Deadwood, 1990, and Section 161 of the Housing Indian Housing. and Community Development Act of SD ...... 10/10/96 [FR Doc. 96–26091 Filed 10–9–96; 8:45 am] Section 1128Aa: 1992 (HCDA 1992), Public Law 102– BILLING CODE 4210±33±P Goldberg, Yvette Lisa Bagel, 550, approved October 28, 1992. Atlanta, GA ...... 05/20/96 On April 26, 1996, the President Kirtley, George W JR, Little signed the Omnibus Consolidated [Docket No. FR±4151±N±01] Rock, AR ...... 01/18/96 Rescissions and Appropriations Act of Kirtley, Deann, Little Rock, AR 01/18/96 1996 (Pub. L. 104–134) (FY 1996 Office of the Assistant Secretary for YLM Medical Company At- Appropriations Act). The amount Public and Indian Housing; lanta, GA ...... 05/20/96 available, to remain available until Announcement Designations for expended. The FY 1996 Appropriations Campus of Learners for Public and Dated: October 2, 1996. Act appropriated $290 million for the Indian Housing; Fiscal Year 1996 William M. Libercci, Drug Elimination Program. Of the total AGENCY: Office of the Assistant Director, Health Care Administrative $290 million appropriated; $10 million Secretary for Public and Indian Sanctions, Office of Enforcement and will fund drug elimination technical Housing, HUD. Compliance. assistance, contracts and other ACTION: Announcement of Campus of [FR Doc. 96–26075 Filed 10–9–96; 8:45 am] assistance training, program Learners Designees. BILLING CODE 4150±04±P assessments, and execution for or on Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53233

SUMMARY: This announcement notifies Project Contact/Phone Number: Larry Project Contact/Phone Number: the public of Campus of Learners E. Cole, (504) 923–8100. Barbara Holston, (817) 336–2419, designated public housing sites. Under PHA Name: Chicago Housing ext.117. this program, HUD will create Campus Authority. PHA Name: Hartford Housing of Learners communities through Sponsor/Address: 626 W. Jackson Authority. increased access to education, Blvd., Chicago, IL 60661. Sponsor/Address: 475 Flatbush vocational training, or job training with Number of Units: 700. Avenue, Hartford, CT 06106. computer or telecommunications Contract Authority: $0. Number of Units: 1000. technology, and changes and Development Name: Alba. Contract Authority: $0. enhancements to public housing and Project Contact/Phone Number: Ron Development Name: Charter Oaks. living environments. The purpose of Carter, Jr., (312) 567–1831. Project Contact/Phone Number: John this document is to announce the name PHA Name: Columbus Metropolitan D. Wardlaw, (860) 275–8420. and address of Campus of Learners Housing Authority. PHA Name: Community Development designees. Sponsor/Address: 960 E. Fifth Commission/Housing Authority of the FOR FURTHER INFORMATION, CONTACT: Avenue, Columbus, OH 43201. County of Los Angeles. Ronald Ashford, Director, Office of Number of Units: 230. Sponsor/Address: 2 Coral Circle, Supportive Services, Public and Indian Contract Authority: $0. Monterey Park, CA 91754. Housing, Department of Housing and Development Name: Rosewind. Number of Units: 1216. Urban Development, Room 4116, 451 Project Contact/Phone Number: Contract Authority: $0. 7th Street, SW, Washington, DC 20410, Stephen J. Havens, (614) 421–4502. Development Name: Nueva Maraville telephone (202) 708–0614 (this is not a PHA Name: Cuyahoga Metropolitan Carmelitos. toll-free telephone number). A Housing Authority. Project Contact/Phone Number: telecommunications device for hearing- Sponsor/Address: 1441 West 25th Bobbette Glover, (213) 890–7402. and speech-impaired individuals (TTY) Street Cuyahoga, OH 44113. PHA Name: Housing Authority of the is available at 1–800–877–8339 (Federal Number of Units: 100. City of Milwaukee. Information Relay Service). Contract Authority: $0. Sponsor/Address: 809 North SUPPLEMENTARY INFORMATION: The Development Name: Carver Park Broadway, Milwaukee, WI 53202. Designated Campus of Learners program Extension. Number of Units: 526. incorporates economic opportunities for Project Contact/Phone Number: Claire Contract Authority: $0. residents and families of public housing E. Freeman, (216) 348–5000. Development Name: Hillside Terrace. including but not limited to: PHA Name: Housing Authority of the Project Contact/Phone Number: coordination and commitments from City and County of Denver (Prototype). Ricardo Diaz, (414) 286–5670. local schools, community colleges and Sponsor/Address: 1100 West Colfax PHA Name: Housing Authority of universities and upward mobility for Avenue, Denver, CO 80204. New Haven. public housing residents; campus Number of Units: 206. Sponsor/Address: 360 Orange Street, learning environments for entire Contract Authority: $0. New Haven, CT 06510. families; increased access to computer Development Name: North Lincoln Number of Units: 462. technology, defined resident Park Homes. Contract Authority: $0. responsibility agreements; affordable Project Contact/Phone Number: Development Name: Elm Haven. housing options/homeownership and Salvadore Carpio, Jr., (303) 535–0821, Project Contact/Phone Number: Bryan reduced dependence on public housing. ext.171. Anderson, (203) 946–2800. A Notice published in the Federal PHA Name: Housing Authority of the Register on April 1, 1996 (61 FR 14331), PHA Name: The Housing Authority of City of East St. Louis. announced that the Department would the City of Omaha. Sponsor/Address: 700 North 20th designate sites for the Campus of Sponsor/Address: 540 South 27th Street, East St. Louis, IL 62205. Learners Initiative. Applications were Street, Omaha, NE 68105. Number of Units: 73. rated and selected on the basis of Number of Units: 363. Contract Authority: $0. selection criteria contained in that Contract Authority: $0. Development Name: Phoenix Courts. Notice. Development Name: Spenser Housing The Department is hereby publishing Project Contact/Phone Number: Development. the names and addresses of the Public Stevens Gregory, (618) 271–0498. Project Contact/Phone Number: Housing Authority designations as PHA Name: The Housing Authority of Kathleen Ulrich, (402) 444–7377. shown in Appendix A. the City of Evansville. PHA Name: Philadelphia Housing Sponsor/Address: 411 S.E. 8th Street, Dated: October 4, 1996. Authority Evansville, IN 47713. Kevin Emanuel Marchman, Sponsor/Address: 2012 Chestnut Number of Units: 140. Street Philadelphia, PA 19103 Acting Assistant Secretary for Public and Contract Authority: $0. Indian Housing. Number of Units: 1321 Development Name: Lincoln Gardens. Contract $0 Appendix A—Designation for Campus Project Contact/Phone Number: John Development Name: Richard Allen of Learners W. Collier, (812) 428–8500. Homes PHA Name: Housing Authority of East PHA Name: Fort Worth Housing Project Contact/Phone Number: Errol Baton Rouge Parish. Authority. Shorter, (215) 684–4027 Sponsor/Address: 4546 North Street, Sponsor/Address: 212 Burnett Street; PHA Name: Housing Authority of the Baton Rouge, LA 70806. P.O. Box 430, Fort Worth, TX 76101. City of Pittsburgh Number of Units: 97. Number of Units: 234. Sponsor/Address: 200 Ross Street Contract Authority: $0. Contract Authority: $0. Pittsburgh, PA 15219 Development Name: Clarksdale Development Name: Butler Housing Number of Units: 50 Apartments. Community. Contract $0 53234 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Development Name: Manchester Development Name: Springwood. public parking. The closed area, known Allequippa Terrace Project Contact/Phone Number: Julia as the acquired lands of the Criterion Project Contact/Phone Number: Tibbs, (314) 428–3200, ext. 278. Exchange, are found between the Patricia Hairston, (412) 456–5079 PHA Name: Housing Authority of the Deschutes River and State Highway 197 PHA Name: Housing Authority of City of Union City. south of Maupin in Wasco County, Prince George’s County Maryland Sponsor/Address: 3911 Kennedy Oregon. Sponsor/Address: 9400 Peppercorn Boulevard, Union City, NJ 07087. FOR FURTHER INFORMATION CONTACT: Place, Suite 200 Largo, MD 20770 Number of Units: 259. John Hanf, Rangeland Management Number of Units: 63 Contract Authority: $0. Specialist, BLM Prineville District, P.O. Contract $0 Development Name: Hillside Terrace Box 550, Prineville, Oregon 97754, Development Name: Marlborough I, Hillside Terrace II. telephone 541–416–6432. Towne Project Contact/Phone Number: SUPPLEMENTARY INFORMATION: The Project Contact/Phone Number: Virgilio Cabello, (201) 864–1515. authority for this closure is 43 CFR Michael A. Doaks, (301) 883–5531 PHA Name: Wilmington Housing 8341.2 and 43 CFR 8364.1. The closure PHA Name: Housing Authority of Authority. will remain in effect until an activity Portland, Oregon Sponsor/Address: 400 Walnut plan which addresses public access and Sponsor/Address: 135 S.W. Ash Street.Wilmington, DE 19801. resource protection can be completed Portland, OR 97204 Number of Units: 180. and implemented. Violations of this Number of Units: 300 Contract Authority: $0. closure order are punishable by a fine Contract $0 Development Name: South Bridge. not to exceed $1,000 and/or Development Name: Columbia Villa, Project Contact/Phone Number: Ron imprisonment not to exceed 12 months N. Portland Petrou, (302) 429–6700, ext. 40. as provided in 43 CFR 8360.0–7. Project Contact/Phone Number: Paul PHA Name: The Housing Authority of Dated: September 23, 1996. Parker, (503) 335–6815 the City of Woonsocket, Rhode Island. Donald L. Smith, PHA Name: San Diego Housing Sponsor/Address: 679 Social Commission Acting District Manager. Street,Woonsocket, RI 02895. [FR Doc. 96–26078 Filed 10–9–96; 8:45 am] Sponsor/Address: 1625 Newton Number of Units: 300. Avenue San Diego, CA 92113–1038 Contract Authority: $0. BILLING CODE 4310±33±M Number of Units: 66 Development Name: Veteran’s Contract $0 Memorial. [AZ±040±7122±00±5514; AZA 28789] Development Name: Vista de Valle Project Contact/Phone Number: Project Contact/Phone Number: Stephen A. Vadnais, (401) 767–8000. Availability of Final Environmental Patricia Zamora, (619) 525–3716 Impact Statement (FEIS) for the PHA Name: San Francisco Housing [FR Doc. 96–26090 Filed 10–9–96; 8:45 am] Morenici Land Exchange, Greenlee Authority BILLING CODE 4210±33±P County, AZ Sponsor/Address: 440 Turk Street San Francisco, CA 94101 AGENCY: Bureau of Land Management, Number of Units: 195 DEPARTMENT OF THE INTERIOR Interior. Contract $0 ACTION: Notice of availability of final Development Name: Hayes Valley Bureau of Land Management environmental impact statement. Project Contact/Phone Number: [OR±050±1220±00:GP6±0280] SUMMARY: The BLM has prepared a Final Thomas Mayfield, (415) 715–3229 Environmental Impact Statement (FEIS), Closure of Public Lands PHA Name: Seattle Housing analyzing the impacts to the human Authority. AGENCY: Prineville District, Deschutes environment, of a proposed land Sponsor/Address: 7011 32nd Avenue Resource Area. exchange with the Phelps Dodge Mining South, Seattle, WA 98118. Company, A Division of the Phelps Number of Units: 400. ACTION: Notice is hereby given that effective immediately, the area as legally Dodge Corporation, near Morenci, Contract Authority: $0. Arizona. The proposed exchange Development Name: Holly Park. described below is closed to all motorized vehicle use year-long. The involves trading 3,758 acres of public Project Contact/Phone Number: Bruce land managed by the Bureau of Land Murray, (206) 721–6388. purpose of this closure is to protect wildlife and watershed resources. Management for 960—1,200 acres of PHA Name: The Housing Authority of Exemptions to this closure will apply to private land owned by the Phelps Dodge the City of South Bend. administrative personnel of the Bureau Mining Company. This FEIS (1) assesses Sponsor/Address: 501 S. Scott; P.O. of Land Management. Other exemptions the environmental impacts of the Box 11057,South Bend, IN 46634–0057. to this closure order may be made on a proposed land exchange as described in Number of Units: 140. case by case basis by the authorized the Proposed Action, Equal Appraised Contract Authority: $0. officer. This closure will remain in Value Alternative and the No Action Development Name: Monroe Cirle, effect until further notice. Alternative; (2) determines if there are Laurel Court. direct, indirect and cumulative impacts; Project Contact/Phone Number: Frank Legal Description: This closure order and (3) identifies necessary mitigative Alford, (219) 235–9346. applies to all public land in that portion measures. This FEIS was prepared to PHA Name: Housing Authority of St. of Sections 2, 11, 13 & 14 lying west of comply with the Council on Louis County. Highway 197 and portions of Sections 3, Environmental Quality’s regulations (40 Sponsor/Address: 8865 Natural 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 21, 22, CFR Part 1500–1508) for implementing Bridge Road, St. Louis County, MO 23, 26 & 27 all in T. 6 S., R. 14 E., WM, the National Environmental Policy Act 63121. Wasco County, Oregon. A small area in of 1969, 43 U.S.C. at 1701, The Federal Number of Units: 96. the SW1⁄4 NW1⁄4 of Section 13, adjacent Land Exchange Facilitation Act of 1988, Contract Authority: $0. to Highway 197, will remain open for 43 U.S.C. at 1716 and 1740, and BLM Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53235 regulations governing land exchanges R. 11 E.; T. 26 N., R. 11 E.; T. 27 N., R. revocation is needed to transfer the land (43 CFR Parts 2090 and 2200). 11 E.; T. 28 N., R. 11 E.; T. 29 N., R. 11 by exchange. This action will open the E.; T. 30 N., R. 11 E.; T. 25 N., R. 12 E.; DATES: Written comments relating to the land to surface entry, mining, and T. 26 N., R. 12 E.; T. 27 N., R. 12 E.; T. mineral leasing. FEIS will be accepted until November 28 N., R. 12 E.; T. 29 N., R. 12 E.; T. 30 12, 1996. N., R. 12 E.; T. 29 N., R. 13 E.; T. 30 N., EFFECTIVE DATE: November 12, 1996. ADDRESSES: Send written comments to R. 13 E.; T. 29 N., R. 14 E.; T. 30 N., R. the Bureau of Land Management, 14 E.; T. 29 N., R. 15 E.; T. 30 N., R. 15 FOR FURTHER INFORMATION CONTACT: Safford Field Office, Attention: Scott E.; T. 29 N., R. 16 E.; T. 30 N., R. 16 E.; Larry R. Lievsay, BLM Idaho State Evans, Project Manager, 711 14th T. 29 N., R. 17 E.; T. 30 N., R. 17 E.; Office, 3380 Americana Terrace, Boise, Avenue, Safford, Arizona 85546. The preparation of these diagrams Idaho 83706–2500, 208–384–3166. SUPPLEMENTARY INFORMATION: The was requested by the USDA Forest By virtue of the authority vested in public lands proposed for exchange Service, Geometronics Service Center, to the Secretary of the Interior by Section include 15 small parcels, under 1 acre, support its mapping program. 204 of the Federal Land Policy and surrounded by private property and 12 All inquiries concerning the survey of Management Act of 1976, 43 U.S.C. larger parcels, 5 to 2,560 acres, adjacent the above described land must be sent 1714 (1988), it is ordered as follows: to the existing Phelps Dodge Morenci to the Chief, Cadastral Survey, Idaho 1. Public Land Order No. 1871, which mining operation. Phelps Dodge wishes State Office, Bureau of Land withdrew the following described land, to acquire these lands to continue and Management, 3380 Americana Terrace, is hereby revoked in its entirety: expand their exiting mining operation. Boise, Idaho, 83706. Boise Meridian More than 90 percent of the public Dated: September 30, 1996. lands proposed for exchange are Duane E. Olsen, T. 52 N., R. 5 W., encumbered by mining claims held by Sec. 23, NE1⁄4 and N1⁄2SW1⁄4; Chief Cadastral Surveyor for Idaho. Phelps Dodge Corporation and others. Sec. 24, lot 1. [FR Doc. 96–26032 Filed 10–9–96; 8:45 am] The private lands offered for exchange The area described contains 279.82 acres in include high resource value in holdings BILLING CODE 4310±GG±M Kootenai County. within the Gila Box Riparian National 2. At 9 a.m., on November 12, 1996, Conservation Area and the Cienega [AZ±931±1430±01; AZA 5968; AZA 29172] Creek Long-Term Management Area as the land will be opened to the operation well as two parcels adjacent to the Dos Public Land Order No. 7214; Partial of the public land laws generally, Cabezas Mountains Wilderness Area. Revocation and Modification of Public subject to valid existing rights, the FOR FURTHER INFORMATION CONTACT: Land Order No. 5279; Arizona; provisions of existing withdrawals, Scott Evans, Project Manager, Mike Correction other segregations of record, and the McQueen, NEPA Compliance Officer, at requirements of applicable law. All AGENCY: Bureau of Land Management, BLM, Safford Field Office, telephone valid applications received at or prior to Interior. number (520) 428–4040 or Tina Lee, 9 a.m., on November 12, 1996, shall be Project Manager, at SWCA, Inc., ACTION: Correction. considered as simultaneously filed at telephone number (520) 325–9194. that time. Those received thereafter SUMMARY: This action corrects Public shall be considered in the order of Dated: September 24, 1996. Land Order No. 7214, 61 FR 46820– filing. Frank L. Rowley, 46821, published September 5, 1996, as 3. At 9 a.m., on November 12, 1996, Acting District Manager. FR Doc. 96–22587. the land will be opened to location and On page 46820, third column, under [FR Doc. 96–25442 Filed 10–9–96; 8:45 am] entry under the United States mining T. 4 N., R. 9 E., which reads ‘‘Sec. 3, BILLING CODE 4310±32±M laws, and to the operation of the mineral NE1⁄4NE1⁄4.’’ is hereby corrected to read leasing laws and the Materials Act of ‘‘Sec. 3, NW1⁄4NE1⁄4.’’ [UT±940±1910±00±4677] July 31, 1947, as amended, subject to Michael A. Ferguson, valid existing rights, the provisions of Idaho: Filing of Protraction Diagrams Deputy State Director, Resources Division, existing withdrawals, other segregations in Idaho Arizona. of record, and the requirements of [FR Doc. 96–26031 Filed 10–9–96; 8:45 am] applicable law. Appropriation of any of The protraction diagrams of the BILLING CODE 4310±32±P the lands described in this order under following described unsurveyed the general mining laws prior to the date townships, all in Boise Meridian, Idaho, [ID±933±1430±01; IDI±08346] and time of restoration is unauthorized. were officially filed in the Idaho State Any such attempted appropriation, Office, Bureau of Land Management, including attempted adverse possession Boise, Idaho, effective 9:00 a.m. Public land order No. 7218; Revocation of Public Land Order No. 1871; Idaho are governed by State law where not in September 30, 1996. conflict with Federal law. The Bureau of T. 25 N., R. 7 E.; T. 26 N., R. 7 E.; T. 27 N., AGENCY: Bureau of Land Management, Land Management will not intervene in R. 7 E.; T. 28 N., R. 7 E.; T. 25 N., R. 8 Interior. disputes between rival locators over E.; T. 26 N., R. 8 E.; T. 27 N., R. 8 E.; T. ACTION: Public Land Order. possessory rights since Congress has 28 N., R. 8 E.; T. 30 N., R. 8 E.; T. 31 N., provided for such determinations in R. 8 E.; T. 32 N., R. 8 E.; T. 25 N., R. 9 SUMMARY: This order revokes a public local courts. E.; T. 26 N., R. 9 E.; T. 27 N., R. 9 E.; T. land order in its entirety which 28 N., R. 9 E.; T. 29 N., R. 9 E.; T. 30 N., withdrew 279.82 acres of public land by Dated: October 2, 1996. R. 9 E.; T. 31 N., R. 9 E.; T. 32 N., R. 9 Bob Armstrong, E.; T. 25 N., R. 10 E.; T. 26 N., R. 10 E.; the Bureau of Land Management for the Assistant Secretary of the Interior. T. 27 N., R. 10 E.; T. 28 N., R. 10 E.; T. Rathdrum Municipal Watershed 29 N., R. 10 E.; T. 30 N., R. 10 E.; T. 31 Management Area. The land is no longer [FR Doc. 96–26077 Filed 10–09–96; 8:45 am] N., R. 10 E.; T. 32 N., R. 10 E.; T. 25 N., needed for this purpose and the BILLING CODE 4310±GG±P 53236 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

[NM±030±1430±00; NMNM 96519] 7. Subject to right-of-way NMNM SUMMARY: The following land has been 58293 held by Otero County Electric found suitable for sale under authority Notice of Realty Action; Recreation Coop. for the purpose of an electric of the Color-of-Title Act of December 22, and Public Purposes (R&PP) Act distribution line. 1928, as amended July 28, 1953, 43 Classification; New Mexico 8. Any other reservations that the U.S.C. 1068, 1068a (1982), as a claim of authorized officer determines AGENCY: Bureau of Land Management Class I at the estimated fair market value (BLM), Interior. appropriate to ensure public access and less equities presented by the applicant. proper management of Federal lands The land will not be offered for sale ACTION: Notice of realty action; R&PP and interests therein. until at least 60 days after the date of Act Classification. Detailed information concerning this this notice. action is available for review at the SUMMARY: The following public land in BLM, Las Cruces District Office, 1800 Fourth Principal Meridian, Wisconsin Otero County, New Mexico has been Marquess, Las Cruces, New Mexico, T.20N., R.12E., examined and found suitable for 88005. Upon publication of this notice Sec. 1, NWSW, classification for lease or conveyance to in the Federal Register, the lands will containing 40 acres. Otero County under the provision of the be segregated from all forms of R&PP Act, as amended (43 U.S.C. 869 et. The land described is hereby appropriation under the public land seq.). Otero County, Alamo West Fire segregated from appropriation under the laws, including the general mining laws, Rescue Department proposes to use the public land laws, including the mining except for lease or conveyance under land for a substation and fire training laws, pending disposition of this action the R&PP Act and leasing under the facility. or 270 days from the date of publication mineral leasing laws. On or before of this notice, whichever occurs first. T. 17 S., R. 9 E., NMPM, November 27, 1996, interested persons This land is being offered by direct 1 1 1 1 Sec. 17, W ⁄2NW ⁄4NW ⁄4NE ⁄4, may submit comments regarding the sale to Leslie L. and Nancy L. Parrott. E1⁄2NE1⁄4NE1⁄4NW1⁄4 proposed lease/conveyance or Containing 10 acres, more or less. The mineral interest will not be classification of the lands to the District conveyed simultaneously. Acceptance DATE: Comments regarding the proposed Manager, Las Cruces District Office, of the direct sale offer will qualify the lease/conveyance or classification must 1800 Marquess, Las Cruces, New purchaser to make application for be submitted on or before November 27, Mexico 88005. Any adverse comments conveyance of those mineral interests 1996. will be reviewed by the State Director. under Sec. 209 of the Federal Land ADDRESSES: Comments should be sent to In the absence of any adverse Policy and Management Act of 1976 (90 the BLM, Las Cruces District Office, comments, the classification will Stat. 2750, 43 U.S.C. 1713). 1800 Marquess, Las Cruces, New become effective 60 days from the date The patent, when issued, will contain Mexico 88005. of publication of this notice. certain reservations to the United States. Classification Comments: Interested FOR FURTHER INFORMATION CONTACT: Detailed information concerning these parties may submit comments involving reservations, as well as specific Lorraine J. Salas at the address above or the suitability of the land for a at (505) 525–4388. conditions of the sale, are available for substation and training facility. review at the Bureau of Land SUPPLEMENTARY INFORMATION: Lease or Comments on the classification are Management, Milwaukee District Office, conveyance will be subject to the restricted to whether the land is 310 West Wisconsin Avenue, Suite 450, following terms, conditions, and physically suited for the proposal, Milwaukee, Wisconsin. reservations: whether the use will maximize the DATES: Interested parties may submit 1. Provisions of the R&PP Act and to future use or uses of the land, whether comments until November 22, 1996. In all applicable regulations of the the use is consistent with local planning the absence of timely objections, this Secretary of the Interior. and zoning, or if the use is consistent proposal shall become the final 2. A right-of-way for ditches and with State and Federal programs. canals constructed by the authority of Application Comments: Interested determination of the Department of the the United States. parties may submit comments regarding Interior. 3. All valid existing rights the specific use proposed in the ADDRESSES: Comments should be sent documented on the official public land application and plan of development, to: Bureau of Land Management, records at the time of lease/patent whether the BLM followed proposed Milwaukee District, P.O. Box 631, issuance. administrative procedures in reaching Milwaukee, Wisconsin 53201–0631. 4. Upon determination by the the decision, or any other factor not FOR FURTHER INFORMATION CONTACT: authorized officer that the project has directly related to the suitability of the Howard Levine, Realty Specialist, successfully been completed in land for a substation and training Milwaukee District, (414) 297–4463. accordance with the approved plan of facility. Dated: October 3, 1996. development and management, the Dated: October 4, 1996. James W. Dryden, subject parcel will be conveyed. The Richard T. Watts, District Manager. mineral estate will be conveyed Acting District Manager. [FR Doc. 96–26046 Filed 10–9–96; 8:45 am] simultaneously pursuant to Section 209 [FR Doc. 96–26048 Filed 10–9–96; 8:45 am] BILLING CODE 4310±GJ±P of the Act of October 21, 1976 (43 U.S.C. 1719). BILLING CODE 4310±VC±P 5. Subject to right-of-way NMNM [ES±030±06±1430±01; WIES±047060] 031478 held by Texas/New Mexico [ES±030±06±1430±01; WIES-O47053] Power Company for the purpose of a Notice of Realty Action: Sale of Public 115 kv powerline. Notice of Realty Action: Sale of Public Land in Bayfield County, WI Land in Waushara County, WI 6. Subject to right-of-way NMNM AGENCY: Bureau of Land Management, 021762 held by the New Mexico State AGENCY: Bureau of Land Management. Interior. Highway Department for the purpose of ACTION: Notice of realty action. ACTION: Notice of realty action. a Federal Aid highway. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53237

SUMMARY: The following land has been SUMMARY: The following land has been Geological Survey found suitable for sale under authority found suitable for sale under authority of the Color-of-Title Act of December 22, of the Color-of-Title Act of December 22, Federal Geographic Data Committee 1928, as amended July 28, 1953, 43 1928, as amended July 28, 1953, 43 (FGDC); Public Meeting to Develop a U.S.C. 1068, 1068a (1982), as a claim of U.S.C. 1068, 1068a (1982), as a claim of Strategy for the National Spatial Data Class I at the estimated fair market value Class I at the estimated fair market value Infrastructure (NSDI) less equities presented by the applicant. less equities presented by the applicant. The land will not be offered for sale The land will not be offered for sale AGENCY: U.S. Geological Survey, until at least 60 days after the date of until at least 60 days after the date of Interior. this notice. this notice. ACTION: Notice of meeting. Fourth Principal Meridian Fourth Principal Meridian T.43N., R.7W., SUMMARY: This notice is to invite public Sec. 17, Lot #7 & Lot #8. T.43N., R.7W., Sec. 17, Lot #10. participation in an FGDC-sponsored Containing 22.00 acres & 9.47 acres. meeting to design strategies for further Containing 29.15 acres. The land described is hereby development of NSDI. segregated from appropriation under the The land described is hereby TIME AND PLACE: November 7–8, 1996. public land laws, including the mining segregated from appropriation under the The one and one-half day meeting will laws, pending disposition of this action public land laws, including the mining be held in the Chicago area at the Days or 270 days from the date of publication laws, pending disposition of this action of this notice, whichever occurs first. Inn O’Hare South, 3801 N. Mannheim or 270 days from the date of publication Road, Schiller Park, IL 60176, phone This land is being offered by direct of this notice, whichever occurs first. sale to William Burmeister. The mineral (847)678–0670. Accommodations are interest will not be conveyed This land is being offered by direct available at the meeting site from the simultaneously. Acceptance of the sale to Metro Maznio. Days Inn nationwide reservation under direct sale offer will qualify the The mineral interest will not be (800–325–2525); special rates of $45/ purchaser to make application for conveyed simultaneously. Acceptance day are available to those attending the conveyance of those mineral interests of the direct sale offer will qualify the NSDI Strategy Meeting. There is no under Sec. 209 of the Federal Land purchaser to make application for charge for attendance at the meeting. Policy and Management Act of 1976 (90 conveyance of those mineral interests FOR FURTHER INFORMATION CONTACT: Stat. 2750, 43 U.S.C. 1713). under Sec. 209 of the Federal Land Jennifer Fox, FGDC Secretariat, U.S. The patent, when issued, will contain Policy and Management Act of 1976 (90 Geological Survey, 590 National Center, certain reservations to the United States. Stat. 2750, 43 U.S.C. 1713). Detailed information concerning these 12201 Sunrise Valley Drive, Reston, reservations, as well as specific The patent, when issued, will contain Virginia 20192; telephone (703) 648– conditions of the sale; are available for certain reservations to the United States. 5514; facsimile (703) 648–5755; Internet review at the Bureau of Land Detailed information concerning these ‘‘[email protected]’’. Management, Milwaukee District Office, reservations, as well as specific 310 West Wisconsin Avenue, Suite 450, conditions of the sale, are available for SUPPLEMENTARY INFORMATION: The FGDC Milwaukee, Wisconsin. review at the Bureau of Land is a committee of Federal agencies charged with coordinating the DATES: Interested parties may submit Management, Milwaukee District Office, comments until November 22, 1996. In 310 West Wisconsin Avenue, Suite 450, development of the NSDI. The NSDI the absence of timely objections, this Milwaukee, Wisconsin. includes the technology, policies, and proposal shall become the final people necessary to promote geospatial DATES: Interested parties may submit determination of the Department of the data sharing throughout all levels of comments until November 22, 1996. In Interior. government, the private and non-profit the absence of timely objections, this ADDRESSES: Comments should be sent sectors, and academia. FGDC proposal shall become the final to: Bureau of Land Management, subcommittees and working groups, determination of the Department of the Milwaukee District, P.O. Box 631, assisted by representatives of the Milwaukee, Wisconsin 53201–0631. Interior. broader geospatial data community, FOR FURTHER INFORMATION CONTACT: ADDRESSES: Comments should be sent establish standards for data content, Larry Johnson, Realty Specialist, to: Bureau of Land Management, quality, and transfer; encourage the Milwaukee District, (414) 297–4413. Milwaukee District, P.O. Box 631, exchange of information and the transfer Milwaukee, Wisconsin 53201–0631. of data; and organize the collection of Dated: October 3, 1996. geographic data to reduce duplication of James W. Dryden, FOR FURTHER INFORMATION CONTACT: effort. A plan developed in 1994 guided District Manager. Larry Johnson, Realty Specialist, initial NSDI implementation activities. [FR Doc. 96–26152 Filed 10–9–96; 8:45 am] Milwaukee District, (414) 297–4413. The November 7–8 meeting will provide BILLING CODE 4310±GJ±P Dated: October 3, 1996. an opportunity for the entire geospatial James W. Dryden, community of data producers and users to participate in open discussion and [ES±030±06±1430±01; WIES±047534] District Manager. development of NSDI implementation Notice of Realty Action: Sale of Public [FR Doc. 96–26153 Filed 10–9–96; 8:45 am] strategies for the next four years. The Land in Bayfield County, Wisconsin BILLING CODE 4310±GJ±P draft strategy document is available for review prior to the meeting by AGENCY: Bureau of Land Management, Interior. contacting Jennifer Fox (see contact information) or at Internet address http:/ ACTION: Notice of realty action. /www.fgdc.gov/strategy/ 53238 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Dated: October 2, 1996. Affairs Historic Preservation Office, and 1956. Jim Snyder gave the remains to Wendy A. Budd, the Maui/Lana’i Islands Burial Council. the park in 1995. Between 1985 and Associate Chief, National Mapping Division. This notice has been sent to officials 1986, human remains representing a [FR Doc. 96–26076 Filed 10–9–96; 8:45 am] of Hui Ma¯ lama I Na¯ Ku¯ puna ’O Hawai’i minimum of one individual were Nei, the Office of Hawaiian Affairs BILLING CODE 4310±31±M excavated from Daisy Cave on San Historic Preservation Council, and the Miguel Island during a planned Maui/Lana’i Islands Burial Council. excavation. No known individuals were National Park Service Representatives of any other Native identified. No associated funerary Hawaiian organization that believes objects are present. The remains from Notice of Inventory Completion for itself to be culturally affiliated with Daisy Cave were reburied in 1996 Native American Human Remains from these human remains and associated pursuant to a 1989 agreement with the Island of Maui, Hawaii, in the funerary objects should contact Dr. Judy concerned Chumash. Possession of the Department of Myers Suchey, Professor of In 1977, human remains representing Anthropology, California State Anthropology, California State one individual were recovered from a University-Fullerton, Fullerton, CA University-Fullerton, Fullerton, CA stream bed on Santa Cruz Island by Bill 92634; telephone: (714) 524–1265, Connally, then owner of the park’s tour AGENCY: National Park Service before November 12, 1996. Repatriation boat concession. These remains were ACTION: Notice of the human remains and associated donated to the park in 1980. No known funerary objects to Hui Ma¯ lama I Na¯ individuals were identified. No Notice is hereby given in accordance Ku¯ puna ’O Hawai’i Nei, the Office of associated funerary objects are present. with provisions of the Native American Hawaiian Affairs Historic Preservation Between the 1920s and the mid- Graves Protection and Repatriation Act Office, and the Maui/Lana’i Islands 1970s, human remains representing two (NAGPRA), 25 U.S.C. 3003 (d), of the Burial Council may begin after that date individuals were collected from Santa completion of an inventory of human if no additional claimants come Rosa Island. In the 1920s a skull was remains in the possession of the forward. collected by a visitor. Possession of the Department of Anthropology, California Dated: October 4, 1996, skull passed down to Susan H. Parker State University-Fullerton, Fullerton, who gave them to the park in 1993. In Francis P. McManamon, CA. the mid-1970s, a cranial vault was A detailed assessment of the human Departmental Consulting Archeologist, collected by an anonymous visitor. In remains was made by CSU-Fullerton Manager, Archeology and Ethnography 1990, these remains were given to the Department of Anthropology Program. park. No known individuals were professional staff in consultation with [FR Doc. 96–26041 Filed 10–9–96; 8:45 am] identified. No associated funerary representatives of Hui Ma¯ lama I Na¯ BILLING CODE 4310±70±F objects are present. Ku¯ puna ’O Hawai’i Nei. The geographic affiliation of these In 1970, human remains representing human remains is consistent with the a minimum of sixteen individuals were Notice of Inventory Completion for historically documented territory of the recovered from a site east of Paia, Maui Native American Human Remains in Santa Ynez Band of Mission Indians. during a legally authorized salvage the Possession of Channel Islands Archeological evidence supports this operation. No known individuals were National Park, Ventura, CA evidence, indicating that ancestors of identified. Records indicate that AGENCY: National Park Service the Santa Ynez came into the Channel funerary objects were also recovered at ACTION: Notice Islands area approximately 11,600 years the time, but are not in the possession ago and maintained an unbroken of CSU-Fullerton. Notice is hereby given in accordance sequence of occupation and Visual examination of the human with provisions of the Native American development through the present. Both remains indicate these are Native Graves Protection and Repatriation Act the geographical and archeological Hawaiian human remains from the pre- (NAGPRA), 25 U.S.C. 3003 (d), of the evidence is consistent with the tribal contact period based on morphology completion of an inventory of human affiliation statements given by members and condition of the remains. remains possession of the National Park of the Santa Ynez Band of Mission Representatives of Hui Ma¯ lama I Na¯ Service, Channel Islands National Park, Indians during an ethnographic Ku¯ puna ’O Hawai’i Nei verify the site Ventura, CA. affiliation study recently conducted by and manner of internment of these A detailed assessment of the human the National Park Service. individuals is consistent with Native remains was made by National Park Based on the above mentioned Hawaiian traditional practice. Service professional staff in information, officials of the National Based on the above mentioned consultation with representatives of the Park Service have determined that, information, officials of California State Santa Ynez Band of Mission Indians. pursuant to 43 CFR 10.2 (d)(1), the University-Fullerton have determined Consultation also took place with human remains listed above represent that, pursuant to 43 CFR 10.2 (d)(1), the representatives of the Coastal Band of the physical remains of a minimum of human remains listed above represent the Chumash and Southern Band of the six individuals of Native American the physical remains of sixteen Chumash, both non-federally recognized ancestry. Officials of the National Park individuals of Native Hawaiian Indian groups. Service have also determined that, ancestry. Officials of California State Between the 1920s and 1986, human pursuant to 25 U.S.C. 3001 (2), there is University-Fullerton have determined remains representing three individuals a relationship of shared group identity that, pursuant to 25 U.S.C. 3001 (2), were collected from San Miguel Island. which can be reasonably traced between there is a relationship of shared group In the 1920s, human remains these Native American human remains identity which can be reasonably traced representing two individuals were and the Santa Ynez Band of Mission between these Native Hawaiian human collected from a burial site on the east Indians. remains and associated funerary objects end of San Miguel Island by Mr. Snyder. This notice has been sent to officials and Hui Ma¯ lama I Na¯ Ku¯ puna ’O Possession of the remains transferred to of the Santa Ynez Band of Mission Hawai’i Nei, the Office of Hawaiian Jim Snyder, the collector’s grandson, in Indians. Representatives of any other Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53239

Indian tribe that believes itself to be Counsel, Jet Propulsion Laboratory, Mail George E. Reese, Deputy General culturally affiliated with these human Code SPJ, Pasadena, CA 91109. Claims Counsel, NASA Headquarters remains and associated funerary objects are deleted from the patent applications Arnauld E. Nicogossian, Deputy should contact Tim Setnicka, Acting to avoid premature disclosure. Associate Administrator for Life and Superintendent, Channel Islands DATE: October 10, 1996. Microgravity Sciences and National Park, 1901 Spinnaker Drive, FOR FURTHER INFORMATION CONTACT: Applications, NASA Headquarters Ventura, CA 93001; telephone: (805) Thomas H. Jones, Patent Counsel, Mail Gregory M. Reck, Deputy Associate 658–5700, before November 12, 1996. Code SPJ, NASA Management Office— Administrator for Space Access and Repatriation of the human remains and JPL, Pasadena, CA 91109; telephone Technology, NASA Headquarters associated funerary objects to the Santa (818) 354–5179, fax (818) 354–6051. Richard J. Wisniewski, Deputy Ynez Band of Mission Indians may NASA Case No. NPO–18518–2: Solid- Associate Administrator for Space begin after that date if no additional state Image Sensor With Focal-Plane Flight, NASA Headquarters claimants come forward. Digital Photon-Counting Pixel Arrays; William F. Townsend, Deputy Associate Dated: October 4, 1996, NASA Case No. NPO–18836–3: Buried Porous Si-Ge Layers In Monocrystalline Administrator for Mission to Planet Francis P. McManamon, Earth (Programs), NASA Headquarters Departmental Consulting Archeologist, Si Lattices; NASA Case No. NPO–18919–2: Global Earle K. Huckins, Deputy Associate Manager, Archeology and Ethnography Positioning System Fixed-Height Tripod Administrator for Space Science, Program. Adapter; NASA Headquarters [FR Doc. 96–26042 Filed 10–9–96; 8:45 am] NASA Case No. NPO–19077–2: A Geoffrey H. Vincent, Deputy Associate BILLING CODE 4310±70±F Neural Network With Modular Administrator for Public Affairs, Hierarchical Learning. NASA Headquarters Dated: October 1, 1996. H. Lee Beach, Jr., Deputy Director, MERIT SYSTEMS PROTECTION Edward A. Frankle, NASA Langley Research Center BOARD General Counsel. Mark K. Craig, Deputy Director, NASA Sunshine Act Notice [FR Doc. 96–26021 Filed 10–9–96; 8:45 am] Stennis Space Center BILLING CODE 7510±01±M William E. Dean, Deputy Director, TIME AND DATE: 9:30 a.m., Friday, NASA Ames Research Center October 11, 1996. [Notice 96±120] Carolyn S. Griner, Deputy Director, PLACE: Board Conference Room, Eighth NASA Marshall Space Flight Center Floor, 1120 Vermont Avenue, NW., Performance Review Board, Senior Senior Executive Committee Washington, DC, 20419. Executive Service STATUS: The meeting will be closed to J.R. Dailey, Chairperson, Associate the public. AGENCY: National Aeronautics and Deputy Administrator, NASA Space Administration (NASA). MATTERS TO BE CONSIDERED: Agency Headquarters caseload and case processing. ACTION: Notice of Membership of SES Vicki A. Novak, Executive Secretary, Performance Review Board. CONTACT PERSON FOR ADDITIONAL Director, Personnel Division, NASA INFORMATION: Matthew Shannon, SUMMARY: The Civil Service Reform Act Headquarters Counsel to the Clerk of the Board, (202) of 1978, Pub. L. 95–454 (Section 405) Michael I. Mott, Associate Deputy 653–7200. requires that appointments of individual Administrator (Technical), NASA Dated: October 7, 1996. members to a Performance Review Headquarters Robert E. Taylor, Board be published in the Federal Robert E. Whitehead, Associate Register. Administrator for Aeronautics, NASA Clerk of the Board. The performance review function for Headquarters [FR Doc. 96–26156 Filed 10–8–96; 8:45 am] the Senior Executive Service in the Spence M. Armstrong, Associate BILLING CODE 7400±01±M National Aeronautics and Space Administrator for Human Resources Administration is being performed by and Education, NASA Headquarters. the NASA Performance Review Board NATIONAL AERONAUTICS AND (PRB) and the NASA Senior Executive Dated: July 2, 1996. SPACE ADMINISTRATION Committee. The latter performs this Daniel S. Goldin, Administrator. [Notice 96±121] function for senior executives who report directly to the Administrator or [FR Doc. 96–26020 Filed 10–9–96; 8:45 am] Government-Owned Inventions, the Deputy Administrator, members of BILLING CODE 7510±01±M Available for Licensing the PRB, and executives in the Office of the Inspector General. The following AGENCY: National Aeronautics and individuals are serving on the Board Space Administration. and the Committee: NATIONAL SCIENCE FOUNDATION ACTION: Notice of Availability of Performance Review Board Inventions for Licensing. Notice of Permits Issued Under the Robert E. Whitehead, Associate Antarctic Conservation Act of 1978 SUMMARY: The inventions listed below Administrator for Aeronautics, NASA are assigned to the National Aeronautics Headquarters AGENCY: National Science Foundation. and Space Administration, have been John T. Pennington, Executive ACTION: Notice of permits issued under filed in the United States Patent and Secretary, Chief, Agency Executive the Antarctic Conservation Act of 1978, Trademark Office, and are available for Personnel Branch, NASA Public Law 95–541. licensing. Headquarters Copies of patent applications cited are Vicki A. Novak, Director, Personnel SUMMARY: The National Science available from the Office of Patent Division, NASA Headquarters Foundation (NSF) is required to publish 53240 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices notice of permits issued under the 2. Atmosphere and Climate; remediate the building slabs, basements, Antarctic Conservation Act of 1978. 3. Land and Offshore Resources; sub-surface utilities and soil at the Parks This is the required notice. 4. Land-Atmosphere Interactions; Township facility. Radioactive 5. Engineering and Technology; FOR FURTHER INFORMATION CONTACT: contamination at the licensee’s Parks 6. Social Science; and Township facility discussed in the SDP Nadene G. Kennedy, Permit Office, 7. Health. Office of Polar Programs, Rm. 755, consists of soils and building rubble Coordinated interagency efforts and contaminated with uranium, transuranic National Science Foundation, 4201 supporting programs are also discussed. Wilson Boulevard, Arlington, VA 22230. These include arctic contamination studies, radionuclides, and byproduct material SUPPLEMENTARY INFORMATION: On August data and information, logistics, and resulting from licensed operations that 30, 1996, the National Science international activities. occurred from the late 1950s until the Foundation published a notice in the Public Participation: This meeting is open early 1990s. Federal Register of permit applications to the public. Comments from representatives The NRC will require the licensee to received. Permits were issued on of groups named in the Arctic Research and remediate the Parks Township facility to Policy Act are encouraged. Written meet NRC’s decommissioning criteria, October 1, 1996 to the following comments should be submitted at the public applicants: and during the decommissioning meeting or mailed to the address below by activities, to maintain effluent and doses Bill J. Baker, Permit #97–004 November 12, 1996. If you would like to within NRC requirements and as low as Donald B. Siniff, Permits #97–006 and address the Committee, please call 703–306– #97–007 1029 to reserve a time. reasonably achievable. Wayne Z. Trivelpiece, Permit #97–012 Costs to Public: None. Prior to approving the decommissioning plan, NRC will have Arthur L. DeVries, Permit #97–014 Charles E. Myers, made findings required by the Atomic Nadene G. Kennedy, Head, Arctic Interagency Staff, National Energy Act of 1954, as amended, and Science Foundation. Permit Office. NRC’s regulations. These findings will [FR Doc. 96–26073 Filed 10–9–96; 8:45 am] [FR Doc. 96–26016 Filed 10–9–96; 8:45 am] be documented in a Safety Evaluation BILLING CODE 7555±01±M BILLING CODE 7555±01±M Report and an Environmental Assessment. Approval of the SDP will be documented in an amendment to Interagency Arctic Research Policy NUCLEAR REGULATORY SNM–414. Committee COMMISSION The NRC hereby provides notice that In accordance with the Arctic [Docket No.: 070±364] this is a proceeding on an application Research and Policy Act, Pub. L. 98– for amendment of a license falling 373, the National Science Foundation Consideration of Amendment Request within the scope of Subpart L ‘‘Informal (NSF) announces the following meeting: for Decommissioning the Babcock and Hearing Procedures for Adjudication in Wilcox Facility in Parks Township, Materials Licensing Proceedings,’’ of Name: Interagency Arctic Research Policy Committee (IARPC)—Meeting to Receive Pennsylvania, and Opportunity for a NRC’s rules and practice for domestic Comments on the U.S. Arctic Research Plan. Hearing licensing proceedings in 10 CFR Part 2. Date and Time: Wednesday, November 13, Pursuant to § 2.1205(a), any person 1996, 2:00–3:30 PM. AGENCY: Nuclear Regulatory whose interest may be affected by this Place: National Science Foundation, Room Commission. proceeding may file a request for a 390, 4201 Wilson Boulevard, Arlington, VA. ACTION: Notice of consideration of hearing in accordance with § 2.1205(c). Type of Meeting: Open. The meeting is amendment request for A request for a hearing must be filed open to the public. decommissioning the Babcock and within thirty (30) days of the date of Contact Person: Charles E. Myers, Office of Wilcox Facility in Parks Township, Polar Programs, Room 755, National Science publication of this Federal Register Foundation, Arlington, VA 22230, Pennsylvania, and opportunity for a notice. Telephone: (703) 306–1029. hearing. The request for a hearing must be Purpose of Meeting: Section 109(a) of the filed with the Office of the Secretary Arctic Research and Policy Act requires a The U.S. Nuclear Regulatory either: biennial revision of the United States Arctic Commission is considering issuance of 1. By delivery to the Docketing and Research Plan (the next revision is due in a license amendment to Special Nuclear Service Branch of the Secretary at One July 1997). Section 109(a) of the Act further Material License No. SNM–414 (SNM– White Flint North, 11555 Rockville requires the Interagency Arctic Research 414), issued to the Babcock and Wilcox Pike, Rockville, MD 20852–2738; or Policy Committee to consult with the public Company, Pennsylvania Nuclear Service 2. By mail or telegram addressed to during development of the Plan. Operations (the licensee), to authorize the Secretary, U.S. Nuclear Regulatory Representatives of the groups named in decommissioning of its former section 109(a) of the Act as well as members Commission, Washington, DC 20555. of the general public are invited to obtain a plutonium processing facility in Parks Attention: Docketing and Service copy of the current plan (available from: Township, Pennsylvania. This Branch Arctic Research and Policy Staff, National amendment does not relate to the In addition to meeting other Science Foundation, 4201 Wilson Boulevard, decommissioning of the licensee’s applicable requirements of 10 CFR Part Room 755, Arlington, VA 22230, telephone Shallow Land Disposal Area, which is 2 of the NRC’s regulations, a request for (703) 306–1029), and to bring any comments under a separate license. a hearing filed by a person other than they may have to the meeting. Staff of the The licensee has been an applicant must describe in detail: Interagency Committee will be present to decommissioning the buildings at the 1. The interest of the requester in the receive comments and answer questions. The Interagency Committee and its staff and Parks Township facility in accordance proceeding; working groups are preparing the revision to with the conditions discussed in SNM– 2. How that interest may be affected the Plan. 414. On January 26, 1996, the licensee by the results of the proceeding, The U.S. Arctic Research Plan is organized submitted a site decommissioning plan including the reasons why the requestor to address research needs in the following (SDP) to NRC for review that should be permitted a hearing, with areas: summarized the decommissioning particular reference to the factors set out 1. Arctic Oceans and Marginal Seas; activities that will be undertaken to in § 2.1205(g); Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53241

3. The requester’s areas of concern Environmental Assessment environmental impacts associated with about the licensing activity that is the the proposed action. Identification of the Proposed Action subject matter of the proceeding; and The proposed action would consent to Alternatives to the Proposed Action 4. The circumstances establishing that the transfer of control of the operating Since the Commission has concluded the request for a hearing is timely in licenses and amend them to reflect the there is no significant environmental accordance with § 2.1205(c). transfer of control of the licenses for the impact associated with the proposed In accordance with 10 CFR Calvert Cliffs Nuclear Power Plant, Unit § 2.1205(e), each request for a hearing Nos. 1 and 2, and the Calvert Cliffs action, any alternatives with equal or must also be served, by delivering it ISFSI held by BGE. The proposed greater environmental impact need not personally or by mail, to: license transfers would transfer be evaluated. As an alternative to the authority to possess and operate Calvert proposed action, the staff considered 1. The applicant, Babcock and Wilcox denial of the proposed action. Denial of Company, R. D. 1, Box 355, Vandergrift, Cliffs Nuclear Power Plant, Unit Nos. 1 and 2, and the ISFSI from BGE to the application would result in no PA 15690 Attention: Mr. Don K. change in current environmental Sgarlata; and Constellation Energy Corporation. The proposed amendments would change impacts. The environmental impacts of 2. The NRC staff, by delivery to the the licenses, to reflect this transfer by the proposed action and the alternative Executive Director for Operations, One substituting Constellation Energy action are similar. White Flint North, 11555 Rockville Corporation in place of BGE as the Alternative Use of Resources Pike, Rockville, MD 20852, or by mail, licensee for Calvert Cliffs Nuclear Power addressed to the Executive Director for Plant, Unit Nos. 1 and 2, and the ISFSI. This action does not involve the use Operations, U.S. Nuclear Regulatory The proposed action is in accordance of any resources not previously Commission, Washington, DC 20555. with the licensee’s application dated considered in the Final Environmental For further details with respect to this April 5, 1996. Statement for the Calvert Cliffs Nuclear action, the site decommissioning plan is The Need for the Proposed Action Power Plant, Unit Nos. 1 and 2, and the available for inspection at the NRC’s Environmental Assessment for Calvert Public Document Room, 2120 L Street The proposed actions are required to Cliffs ISFSI, dated March 1991. approve and reflect the transfer of N.W., Washington, D.C. 20555 and in control of the licenses discussed above. Agencies and Persons Consulted NRC’s Local Public Document Room The transfer and amendments reflecting located at the Apollo Memorial Library, the transfer of control will have minimal In accordance with its stated policy, 219 North Pennsylvania Avenue, impact on the operation of the facilities. on September 18, 1996, the staff Apollo, PA 15613. The transfer and amendments will not consulted with the Maryland State Dated at Rockville, Maryland, this 3rd day affect the Technical Specifications or official, Richard I. McLean of the of October, 1996. license conditions for the facilities. Department of Natural Resources, regarding the environmental impact of For the Nuclear Regulatory Commission. Environmental Impacts of the Proposed Michael F. Weber, the proposed action. The State official Action had no comments. Chief, Low-Level Waste and Decommissioning The Commission has completed its Projects Branch, Division of Waste Finding of No Significant Impact Management, Office of Nuclear Material evaluation of the proposed transfer of Safety and Safeguards. control of the licenses and related Based upon the environmental [FR Doc. 96–26054 Filed 10–9–96; 8:45 am] amendments and concludes that there assessment, the Commission concludes will be no changes to the operation of BILLING CODE 7590±01±P that the proposed action will not have Calvert Cliffs Nuclear Power Plant, Unit a significant effect on the quality of the Nos. 1 and 2, and Calvert Cliffs ISFSI human environment. Accordingly, the since the Constellation Energy [Docket Nos. 50±317, 50±318, and 72±8] Commission has determined not to Corporation management directly prepare an environmental impact responsible for the operation will be statement for the proposed action. Baltimore Gas and Electric Company; experienced BGE managers. Calvert Cliffs Nuclear Power Plant, Unit The change will not increase the For further details with respect to the Nos. 1 and 2; Calvert Cliffs probability or consequences of proposed action, see the licensee’s letter Independent Spent Fuel Storage accidents, no changes are being made in dated April 5, 1996, which is available Installation; Environmental the types of any effluents that may be for public inspection at the Assessment and Finding of No released offsite, and there is no Commission’s Public Document Room, Significant Impact significant increase in the allowable The Gelman Building, 2120 L Street, individual or cumulative occupational NW., Washington, DC, and at the local The U.S. Nuclear Regulatory radiation exposure. Accordingly, the public document room located at the Commission (the Commission) is Commission concludes that there are no Calvert County Library, Prince considering approval of the transfer of, significant radiological environmental Frederick, Maryland 20678. and issuance of amendments to, Facility impacts associated with the proposed Dated at Rockville, Maryland, this 4th day Operating License No. DPR–53, DPR–69, action. of October 1996. and SNM–2505, issued to Baltimore Gas With regard to potential and Electric Company (BGE), (the nonradiological impacts, the transfer of For the Nuclear Regulatory Commission. licensee), for operation of the Calvert control and related amendments would Alexander W. Dromerick, Cliffs Nuclear Power Plant, Unit Nos. 1 not affect nonradiological plant Senior Project Manager, Project Directorate and 2, and the Calvert Cliffs effluents and would have no other I–1, Division of Reactor Projects—I/II, Office Independent Spent Fuel Storage environmental impact. Therefore, the of Nuclear Reactor Regulation. Installation (ISFSI), located in Calvert Commission concludes that there are no [FR Doc. 96–26053 Filed 10–9–96; 8:45 am] County, Maryland. significant nonradiological BILLING CODE 7590±01±P 53242 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

OFFICE OF THE UNITED STATES Action Under Section 305 of the Trade Dated: October 1, 1996. TRADE REPRESENTATIVE Agreements Act of 1979 Ambassador Charlene Barshefsky, Acting United States Trade Representative. Implementation of Tariff-Rate Quota for AGENCY: Office of the United States [FR Doc. 96–26179 Filed 10–9–96; 11:45 am] Imports of Beef Trade Representative. BILLING CODE 3110±01±M AGENCY: Office of the United States ACTION: Action Under Section 305 of the Trade Representative. Trade Agreements Act of 1979. PRESIDENT'S COUNCIL ON ACTION: Notice. INTEGRITY AND EFFICIENCY On July 1, 1996, I identified Germany SUMMARY: The Office of the United as a country that maintains in Senior Executive Service Performance States Trade Representative (USTR) is government procurement of heavy Review Board Membership providing notice that USTR has electrical equipment, a significant and determined that New Zealand, pursuant persistent pattern or practice of AGENCY: President’s Council on Integrity to its request, is no longer a discrimination against United States and Efficiency (PCIE). participating country for purposes of the products or services which results in ACTION: Notice. export certification program for imports identifiable harm to United States of beef under the tariff-rate quota. SUMMARY: This notice sets forth the businesses. Pursuant to section 305(g)(2) names and titles of the current DATES: The action is effective October 1, of the Trade Agreements Act of 1979, as membership of the PCIE Performance 1996. amended, I determined at that time that Review Board. immediate imposition of the sanctions FOR FURTHER INFORMATION CONTACT: EFFECTIVE DATE: October 9, 1996. specified in section 305(g)(1)(B) of the Len Condon, Deputy Assistant United FOR FURTHER INFORMATION CONTACT: Act would harm the public interest of States Trade Representative for Individual Offices of (the) Inspector the United States, and accordingly Agricultural Affairs, Office of the United General. States Trade Representative, 600 17th suspended imposition of those SUPPLEMENTARY INFORMATION: Street NW, Washington, DC 20508; sanctions until September 30, 1996, to telephone: (202) 395–9564. allow more time for negotiation between I. Background the United States and the Commission SUPPLEMENTARY INFORMATION: The of the European Communities, The Inspector General’s Act of 1978, United States maintains a tariff-rate representing Germany. as amended, has created independent quota on imports of beef as part of its audit and investigative units—Offices of implementation of the Marrakesh Prior to September 30, 1996, the (the) Inspector General—at 57 Federal Agreement Establishing the World United States held numerous agencies. In 1981, the President’s Trade Organization. The in-quota consultations with the Commission of Council on Integrity and Efficiency quantity of that tariff-rate quota is the European Communities, (PCIE) was established by Executive allocated in part among a number of representing Germany, to address the Order is an interagency committee countries. As part of the administration discriminatory practices cited. On charged with promoting integrity and of that tariff-rate quota, USTR provided, September 25, 1996, the German effectiveness in Federal programs. The in 15 CFR Part 2012, for the use of Cabinet approved a proposal for PCIE is chaired by the Office of export certificates with respect to legislative reform of the procurement Management and Budget’s Deputy imports of beef from countries that have remedies system in Germany. I have Director for Management, and an allocation of the in-quota quantity. also been assured by the German comprised principally of the 27 The export certificates apply only to Government that prior to enactment of Presidential appointed Inspectors those countries that USTR determines the reform legislation, the German General (IGs). The primary objectives of are participating countries for purposes Government will take a number of the PCIE are (1) mounting collaborative of 15 CFR Part 2012. USTR, pursuant to actions to ensure that procuring entities efforts to address integrity, economy an earlier request by the government of comply with their international and effectiveness issues that transcend New Zealand, previously determined obligations. These steps go a long way individual Federal agencies; and (2) that New Zealand was a participating in addressing U.S. concerns. Until the increasing the professionalism and country. legislation is actually enacted, however, effectiveness of IG personnel throughout The government of New Zealand has there is no assurance that our concerns the Government. now requested that, effective October 1, will be addressed in a permanent II. PCIE Performance Review Board 1996, New Zealand no longer be fashion. Therefore, I have determined to Under 5 U.S.C. 4314(c) (1)–(5) and in considered as a participating country for further suspend sanctions while accordance with regulations prescribed purposes of the export certification legislation is pending and monitor by the Office of Personnel Management, program. Accordingly, USTR has developments in Germany. I will review each agency is required to establish one my decision if the U.S. Government is determined that, effective October 1, or more Senior Executive Service (SES) dissatisfied with the details of the 1996, New Zealand is not a participating performance review boards. The legislative reform package, there are country for purposes of 15 CFR Part purpose of these boards is to review and 2012. As a result, imports of beef from unreasonable delays in the submission evaluate the initial appraisal of a senior New Zealand will no longer need to be or passage of such legislation or U.S. executive’s performance by the accompanied by an export certificate in firms experience difficulties with future supervisor, along with any order to qualify for the in-quota tariff procurements while legislation is recommendations to the appointing rate. pending. A first review will be authority relative to the performance of Charlene Barshefsky, conducted no later than December 1, the senior executive. The current Acting United States Trade Representative. 1996. members of the President’s Council on [FR Doc. 96–26039 Filed 10–9–96; 8:45 am] This determination shall be published in Integrity and Efficiency Performance BILLING CODE 3190±01±M the Federal Register. Review Board are as follows: Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53243

Members Title

Agency for International Development

Everett L. Mosley ...... Deputy Inspector General. Carol L. Levy ...... Assistant Inspector General for Investigations. C. Michael Flannery ...... Assistant Inspector General for Security. Robert S. Perkins ...... Legal Counsel.

Department of Agriculture

Joyce Fleischman ...... Deputy Inspector General. Christine Jung ...... Deputy Inspector General for Investigations. Paula F. Hayes ...... Assistant Inspector General for Policy Development & Resources Man- agement. James R. Ebbitt ...... Assistant Inspector General for Audit. Richard D. Long ...... Deputy Assistant Inspector General for Audit. Robert W. Young, Jr ...... Deputy Assistant Inspector General for Audit. Craig L. Beauchamp ...... Assistant Inspector General for Investigations. Jon E. Novak ...... Deputy Assistant Inspector General for Investigations.

Department of Commerce

Michael Zimmerman ...... Deputy Inspector General. John Newell ...... Assistant Inspector General for Audits.

Department of Defense

Nicholas T. Lutsch ...... Assistant Inspector General for Administration & Information Manage- ment. Robert J. Lieberman ...... Assistant Inspector General for Auditing. Donald Mancuso ...... Assistant Inspector General for Investigations. Russell A. Rau ...... Assistant Inspector General for Policy & Oversight. Clifford F. Broome ...... Director for Departmental Inquiries. Joel J. Leson ...... Deputy Assistant Inspector General for Administration & Information Management. David K. Steensma, II ...... Deputy Assistant Inspector General for Auditing. William G. Dupree ...... Deputy Assistant Inspector General for Investigations. Donald E. Davis ...... Deputy Assistant Inspector General for Audit Policy & Oversight. David A. Brinkman ...... Director, Audit Follow-up. John F. Keenan ...... Director, Investigation Operations. Thomas F. Gimble ...... Director, Readiness and Operational Support. Paul J. Granetto ...... Director, Contract Management. Michael G. Huston ...... Director, Analysis Planning & Technical Support. Shelton R. Young ...... Director, Logistics & Support. Stephen A. Whitlock ...... Special Assistant for Ethics & Internal Programs. John C. Speedy, III ...... Special Assistant.

Department of Energy

Gordon W. Harvey ...... Principal Deputy Inspector General. Gregory H. Friedman ...... Deputy Inspector General for Audit Services. Michael W. Conley ...... Deputy Inspector General for Inspections. Judith D. Gibson ...... Assistant Inspector General for Policy, Planning & Management. William H. Garvie ...... Assistant Inspector General for Investigations. Herbert Richardson ...... Deputy Assistant Inspector General for Investigations. Stanley R. Sulak ...... Director Audit Policy, Plans & Programs.

Department of Health and Human Services

Michael F. Mangano ...... Principal Deputy Inspector General. Thomas D. Roslewicz ...... Deputy Inspector General for Audit Services. Joseph E. Vengrin ...... Assistant Inspector General for Audit Policy/Oversight. George Reeb ...... Assistant Inspector General for Health Care Financing Audits. Joe Green ...... Assistant Inspector General for Public Health Service Audits. John A. Ferris ...... Assistant Inspector General for Human, Family & Department Services Audits. John E. Hartwig ...... Deputy Inspector General for Investigations. Robert E. Richardson ...... Assistant Inspector General for Criminal Investigations. George Grob ...... Deputy Inspector General for Evaluation & Inspections. Dennis J. Duquette ...... Deputy Inspector General for Management & Policy. Eileen Boyd ...... Deputy Inspector General for Enforcement & Compliance. D. McCarty Thornton ...... Counsel to the Inspector General. 53244 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Members Title

Lewis Morris ...... Assistant Inspector General for Litigation Coordination.

Department of Housing and Urban Development

John J. Connors ...... Deputy Inspector General. Kathryn M. Kuhl-Inclan ...... Assistant Inspector General for Audit. Patrick J. Neri ...... Assistant Inspector General for Investigation. Judith Hetherton ...... Counsel to the Inspector General. Department of Justice

Robert L. Ashbaugh ...... Deputy Inspector General. Mary W. Demory ...... Assistant Inspector General for Management & Planning. Howard L. Sribnick ...... General Counsel.

Department of Labor

Patricia Dalton ...... Deputy Inspector General. Sylvia Horowitz ...... Assistant Inspector General for Management & Council. John Getek ...... Assistant Inspector General for Audit. F. M. Broadaway ...... Assistant Inspector General for Investigations. Veronica Campbell ...... Director, Office of Evaluations & Inspections.

Department of State

John C. Payne ...... Deputy Inspector General. Richard Melton ...... Deputy Inspector General. M. Milton MacDonald ...... Assistant Inspector General for Audits. James K. Blubaugh ...... Assistant Inspector General for Inspections. Robert S. Terjesen ...... Assistant Inspector General for Investigations. Jon Wiant ...... Assistant Inspector General for Security & Intelligence Oversight.

Department of Transportation

Mario A. Lauro, Jr ...... Deputy Inspector General. Roger P. Williams ...... Senior Counsel. Raymond J. DeCarli ...... Assistant Inspector General for Auditing. Wilbur L. Daniels ...... Assistant Inspector General for Inspections & Evaluations. Lawrence H. Weintrob ...... Deputy Assistant Inspector General for Auditing. Patricia J. Thompson ...... Director of Administration. Alexis M. Stefani ...... Director, Office of Transportation Program Audits.

Department of the Treasury

Richard Calahan ...... Deputy Inspector General. Dennis Schindel ...... Assistant Inspector General for Audit. James Cottos ...... Assistant Inspector General for Investigations. Gary Whittington ...... Assistant Inspector General for Policy, Planning & Resources. William Pugh ...... Deputy Assistant Inspector General for Financial Audits. John Balakos ...... Associate Inspector General for Program Audits.

Department of Veterans Affairs

Michael J. Costello ...... Assistant Inspector General for Investigations. David H. Gamble ...... Deputy Assistant Inspector General for Investigations. Michael G. Sullivan ...... Assistant Inspector General for Auditing. Michael Slachta, Jr ...... Deputy Assistant Inspector General for Auditing. Jack H. Kroll ...... Assistant Inspector General for Departmental Reviews & Management Support. John H. Mather, M.D ...... Assistant Inspector General for Healthcare Inspections. Maureen T. Regan ...... Counselor to the Inspector General.

Environmental Protection Agency

Nikki Tinsley ...... Deputy Inspector General. Kenneth Konz ...... Assistant Inspector General for Audit. John Jones ...... Assistant Inspector General for Management. Allen Fallin ...... Assistant Inspector General for Investigations. Emmett Dashiell ...... Deputy Assistant Inspector for Investigations. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53245

Members Title

Federal Emergency Management Agency

Richard Skinner ...... Deputy Inspector General. Nancy Hendricks ...... Assistant Inspector General for Audits. Paul Lillis ...... Assistant Inspector General for Investigations.

General Services Administration

Joel S. Gallay ...... Deputy Inspector General. Kathleen S. Tighe ...... Counsel to the Inspector General. James E. Henderson ...... Assistant Inspector General for Investigations. Gary Seybold ...... Deputy Assistant Inspector General for Investigations. William E. Whyte, Jr ...... Assistant Inspector General for Auditing. Eugene L. Waszily ...... Deputy Assistant Inspector General for Auditing.

National Aeronautics and Space Administration

Lewis D. Rinker ...... Assistant Inspector General for Partnership & Alliances.

Nuclear Regulatory Commission

Thomas J. Barchi ...... Assistant Inspector General for Audit.

Office of Personnel Management

Joseph R. Willever ...... Deputy Inspector General. Harvey D. Thorp ...... Assistant Inspector General for Audits.

Railroad Retirement Board

William H. Tebbe ...... Assistant Inspector General for Investigations.

Small Business Administration

Karen S. Lee ...... Deputy Inspector General. Phyllis K. Fong ...... Assistant Inspector General for Management & Legal Counsel. Stephen Marica ...... Assistant Inspector General for Investigations. Peter L. McClintock ...... Assistant Inspector General for Auditing. Thomas C. Cross ...... Assistant Inspector General for Inspection & Evaluation.

Social Security Administration

Daniel W. Blades ...... Deputy Inspector General. Pamela M. Gardiner ...... Assistant Inspector General for Audit. Daniel R. Devlin ...... Deputy Assistant Inspector General for Audit. James G. Huse, Jr ...... Assistant Inspector General for Investigations. Thomas J. Blatchford ...... Deputy Assistant Inspector General for Investigations. Karen M. Shaffer ...... Assistant Inspector General for Management Services. Donald G. Anderson ...... Deputy Assistant Inspector General for Management Services. Judith A. Kidwell ...... Counsel to the Inspector General. 53246 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Dated: September 24, 1996. worth of at least $250 million would be Margaret H. McFarland, June Gibbs Brown, able to issue ELNs without being subject Deputy Secretary. Inspector General, Department of Health and to the limit that the ELNs be no more [FR Doc. 96–26063 Filed 10–9–96; 8:45 am] Human Services; and Vice Chair, PCIE. than 25 percent of the issuer’s net BILLING CODE 8010±01±M [FR Doc. 96–26024 Filed 10–9–96; 8:45 am] worth. Issuers with tangible net worth of BILLING CODE 4150±04±P at least $150 million, but less than $250 million, will still be subject to the 25 percent limit.6 This will provide the [Release No. 34±37784; File Nos. SR±NYSE± 96±25] SECURITIES AND EXCHANGE largest issuers with increased flexibility COMMISSION in their financing and capitalization planning. Self-Regulatory Organizations; Order [Release No. 34±37783; File Nos. SR±Amex± Approving Proposed Rule Changes by 96±31] III. Commission Finding and the New York Stock Exchange, Inc., Conclusions Relating to Listing Criteria for Equity Self-Regulatory Organizations; Order The Commission finds that the Linked Debt Securities Approving Proposed Rule Changes by proposed rule change is consistent with the American Stock Exchange, Inc., the requirements of the Act and the October 4, 1996. Relating to Listing Criteria for Equity rules and regulations thereunder I. Introduction Linked Notes applicable to a national securities exchange, and, in particular, the October 4, 1996. On August 16, 1996, the New York requirements of Section 6(b)(5) of the Stock Exchange, Inc. (‘‘NYSE’’), filed I. Introduction Act.7 Specifically, the Commission finds proposed rule changes with the On August 14, 1996, the American that the Exchange’s proposal strikes a Securities and Exchange Commission Stock Exchange, Inc. (‘‘Amex’’), filed reasonable balance between the (‘‘SEC’’ or ‘‘Commission’’), pursuant to proposed rule changes with the Commission’s mandates under Section Section 19(b)(1) of the Securities Securities and Exchange Commission 6(b)(5) to remove impediments to and Exchange Act of 1934 (‘‘Act’’) 1 and Rule perfect the mechanism of a free and (‘‘SEC’’ or ‘‘Commission’’), pursuant to 19b–4 thereunder,2 to amend their open market and a national market Section 19(b)(1) of the Securities respective issuer listing standards for Exchange Act of 1934 (‘‘Act’’) 1 and Rule system, while protecting investors and the public interest. In particular, the Equity Linked Debt Securities 19b–4 thereunder,2 to amend their (‘‘ELDS’’).3 respective issuer listing standards for Commission believes that the trading of Equity Linked Notes (‘‘ELNs’’) 3 ELNs permits investors to more closely Notice of the proposal was published Notice of the proposal was published approximate their desired investment for comment and appeared in the for comment and appeared in the objectives through, for example, shifting Federal Register on August 27, 1996.4 Federal Register on August 27, 1996.4 some of the opportunity for upside gain No comment letters were received on No comment letters were received on in return for additional income. the proposed rule change. This order the proposed rule change. This order ELNs, unlike standardized options, approves the Exchange proposal. approves the Exchange proposal. however, do not have a clearinghouse guarantee but are instead dependent II. Description of the Proposal II. Description of the Proposal upon the individual credit of the issuer. ELDS are non-convertible debt ELNs are non-convertible debt This heightens the possibility that a securities of an issuer where the value securities of an issuer which are linked, holder of an ELN may not be able to of the debt is based, at least in part, on in whole or in part, to the market receive full cash settlement at maturity. performance of a common stock or a The Commission believes that the the value of another issuer’s common non-convertible preferred stock (the Exchange’s proposed alternate ELNs stock or non-convertible preferred stock ‘‘underlying security’’). The Exchange’s issuer listing standard requiring issuers (the ‘‘underlying security’’). The listing standards currently permit the to have at least $250 million tangible net Exchange’s listing standards currently listing of ELNs if, among other things, worth (without the issuance being permit the listing of ELDS if, among (i) the issuer has minimum tangible net limited to 25% of the issuer’s net other things, (i) the issuer has minimum worth of $150 million and (ii) the worth), in addition to the existing size tangible net worth of $150 million and 8 original issue price of the ELNs, and earnings requirements, reasonably (ii) the original issue price of the ELDS, combined with all the issuer’s other addresses this additional credit risk, and combined with all the issuer’s other publicly-traded ELNs, does not exceed to some extent minimize this risk. The publicly-traded ELDS, does not exceed 25 percent of the issuer’s net worth (the Commission also notes that the revised 25 percent of the issuer’s net worth (the ‘‘net worth standard’’).5 standard is identical to that approved ‘‘net worth standard’’).5 for other issuer-based products, The Exchange proposes to add an The Exchange proposes to add an alternative net worth standard to its including index, currency, and currency 9 alternative net worth standard to its ELNs issuer listing standards. Under the index warrants. ELDS issuer listing standards. Under the new test, an issuer with tangible net It is therefore ordered, pursuant to 10 Section6 The Commission 19(b)(2) notesof the that Act, under thatthe ELNs the 1 15 U.S.C. 78s(b)(1). proposedstandards, issuers rule mustchange have (File a minimum No. SR– net worth 1 15 U.S.C. 78s(b)(1). of at least $150 million. 2 17 CFR 240.19b–4. Amex–96–31) is approved. 2 17 CFR 240.19b–4. 7For15 U.S.C.the Commission, 78f(b)(5). by the Division of 3 ELNs are non-convertible debt securities of an 3 ELDS are non-convertible debt securities of an Market8 See Amex Regulation, Company pursuant Guide Section to delegated 101(A). issuer which are linked, in whole or in part, to the issuer where the value of the debt is based, at least authority.9 See Securities11 Exchange Act Release No. 36168 market performance of a common stock or a non- in part, on the value of another issuer’s common convertible preferred stock. (August 29, 1995), 61 FR 46637 (September 7, 1996) (SR–Amex–94–38). stock or non-convertible preferred stock. 4 See Securities Exchange Act Release No. 37587 4 See Securities Exchange Act Release No. 37585 (August 20, 1996), 61 FR 44097. 10 15 U.S.C. 78s(b)(2). (August 20, 1996), 61 FR 44116. 5 See Amex Company Guide Section 107B. 11 17 CFR 200.30–3(a)(12). 5 See NYSE Listed Company Manual Para. 703.21. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53247 new test, an issuer with tangible net addresses this additional credit risk, and its proposal on August 11, 1996. The worth of at least $250 million would be to some extent minimize this risk. The Exchange filed a second amendment able to issue ELDS without being subject Commission also notes that the revised (‘‘Amendment No. 2’’) 5 to its proposal to the limit that the ELDS be no more standard is identical to that approved on September 26, 1996. No comments than 25 percent of the issuer’s net for other issuer-based products, were received on the proposed rule worth. Issuers with tangible net worth of including index, currency, and currency change. This order approves the at least $150 million, but less than $250 index warrants.9 Exchange’s proposal as amended. million, will still be subject to the 25 The Commission also believes that the percent limit.6 This will provide the NYSE’s proposal to amend the II. Description of the Proposal largest issuers with increased flexibility definition of ‘‘Relative U.S. Share PSE Rule 6.82 (‘‘LMM Rule’’) sets in their financing and capitalization Volume,’’ delete the definition of forth the basic rules and procedures planning. ‘‘Relative ADR Volume,’’ and collapse With respect to the listing of ELDS applicable to LMMs and the LMM the two definitions into a single 6 linked to non-U.S. securities, the NYSE definition of ‘‘Relative U.S. Volume’’ Program. The Exchange proposes to also proposes to amend the definition of reasonably addresses its desire to clarify modify Rule 6.82 by adding several new ‘‘Relative U.S. Share Volume’’ and to and strengthen its rule language. substantive provisions and by delete the definition of ‘‘Relative ADR It is therefore ordered, pursuant to restructuring the rule and clarifying Volume.’’ Specifically, the NYSE Section 19(b)(2) of the Act,10 that the some of its existing provisions. The proposes collapsing these two proposed rule change (File No. SR– purpose of the proposal is to enhance definitions into a single definition of NYSE–96–25) is approved. the LMM Program and to clarify and ‘‘Relative U.S. Volume.’’ The Exchange For the Commission, by the Division of streamline the LMM Rule. The proposed states that this change is non- Market Regulation, pursuant to delegated changes include, more specifically, the substantive and is proposed solely to authority.11 following: clarify and simplify the rule. Margaret H. McFarland, 1. Current PSE Rule 6.82(c)(6) III. Commission Finding and Deputy Secretary. provides that LMMs are guaranteed 50% Conclusions [FR Doc. 96–26064 Filed 10–9–96; 8:45 am] participation in transactions occurring The Commission finds that the BILLING CODE 8010±01±M at their disseminated bids and offers in proposed rule change is consistent with their allocated issues. The Exchange is the requirements of the Act and the proposing to create an exception to this [Release No. 34±37780; File No. SR±PSE± 7 rules and regulations thereunder 96±03] provision. Specifically, with regard to applicable to a national securities multiply-traded issues, the proposed exchange, and, in particular, the Self-Regulatory Organizations; Pacific rule will provide that if the average requirements of Section 6(b)(5) of the Stock Exchange, Inc.; Order Approving daily trading volume in an issue Act.7 Specifically, the Commission finds and Notice of Filing and Order reached 3,000 contracts at the Exchange that the Exchange’s proposal strike a Granting Accelerated Approval of for three consecutive months, and if (i) reasonable balance between the Amendment Nos. 1 and 2 to Proposed in the case of an issue traded by two Commission’s mandates under Section Rule Change Relating to the Lead options exchanges, the Exchange’s share 6(b)(5) to remove impediments to and Market Maker Program of the total multi-exchange customer perfect the mechanism of a free and trading volume in the issue drops from open market and a national market October 3, 1996. above 70% to below 70%, or (ii) in the system, while protecting investors and I. Introduction the public interest. In particular, the Regulatory Policy, PSE, to Michael A. Walinskas, Commission believes that the trading of On January 16, 1996, the Pacific Stock Senior Special Counsel, Office of Market ELDS permits investors to more closely Exchange, Inc. (‘‘PSE’’ or ‘‘Exchange’’) Supervision, Division of Market Regulation, approximate their desired investment submitted to the Securities and Commission, dated August 9, 1996. 5 objectives through, for example, shifting Exchange Commission (‘‘Commission’’), Amendment No. 2, like Amendment No. 1, some of the opportunity for upside gain pursuant to Section 19(b)(1) of the provides further justification and rationale for the Securities Exchange Act of 1934 PSE’s proposed changes to the LMM Rule and in return for additional income. provides revised language to the proposed Rule 6.82 ELDS, unlike standardized options, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a proposal relating to changes to its Lead changes. Letter from Michael D. Pierson, Senior however, do not have a clearinghouse Attorney, Regulatory Policy, PSE, to Janet Russell- guarantee but are instead dependent Market Maker (‘‘LMM’’) Program. The Hunter, Special Counsel, Office of Market upon the individual credit of the issuer. proposed rule change was published for Supervision, Division of Market Regulation, This heightens the possibility that a comment in the Federal Register on Commission, dated September 26, 1996. holder of an ELDS may not be able to March 18, 1996.3 The Exchange filed an 6 The LMM Rule was adopted in January 1990 as receive full cash settlement at maturity. amendment (‘‘Amendment No. 1’’) 4 to a pilot program. See Securities Exchange Act The Commission believes that the Release No. 27631 (January 17, 1990), 55 FR 2462. 9 The pilot program most recently was extended to Exchange’s proposed alternate ELDS See Securities Exchange Act Release No. 36165 (August 29, 1995), 61 FR 46653 (September 7, 1996) September 30, 1997. See Securities Exchange Act issuer listing standard requiring issuers (SR–NYSE–94–41). Release No. 37767 (September 30, 1996). to have at least $250 million tangible net 7 Current Rule 6.82(b)(3)(iii) provides that, 10 15 U.S.C. 78s(b)(2). worth (without the issuance being subsequent to appointment of an issue to an LMM, 11 17 CFR 200.30-3(a)(12). limited to 25% of the issuer’s net the issue may be reassigned to the market maker 1 15 U.S.C. 78s(b)(1) (1988). system, pursuant to subsection (b)(7), once trading worth), in addition to the existing size 2 17 CFR 240.19b–4. 8 volume in the issue reaches an average daily and earnings requirements, reasonably 3 See Securities Exchange Act Release No. 36952 volume of 3,000 contracts at the Exchange for four 6 The Commission notes that under the ELDS (March 11, 1996), 61 FR 11072. consecutive months, immediately preceded by an standards, issuers must have a minimum net worth 4 Amendment No. 1 provides further justification of at least $150 million. and rationale for the PSE’s proposed changes to the Exchange average of 75% of the total multi- 7 15 U.S.C. 78f(b)(5). LMM Rule. Amendment No. 1 also provides revised exchange trading volume for three consecutive 8 See NYSE Listed Company Manual Paras. language to the proposed Rule 6.82 changes. Letter months. The Exchange is proposing to delete this 102.01–102.03 or 103.01–103.05. from Michael D. Pierson, Senior Attorney, provision and modify it as discussed below. It should be noted that both the provision being deleted and the one replacing it are permissive, not mandatory. See Amendment No. 1, supra note 4. 53248 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices case of an issue traded by three or more ability to encourage better performance situations, other than those where options exchanges, the Exchange’s share by reducing an LMM’s guaranteed reallocation currently is permissible, of the total multi-exchange customer participation.11 where reallocation to an LMM of a non- trading in the issue drops from above The Exchange has selected the 40% multiply-traded issue would be 45% to below 45%, the Options and 25% figures (rather than other appropriate (e.g. where a trading crowd Allocation Committee shall evaluate the figures) because they take into account voluntarily requests an issue to be LMM’s performance in that issue, and, what the Exchange believes to be an reallocated and an LMM offers to make based on that evaluation, may reduce appropriate balance of the factors that better markets and to provide better the LMM’s guaranteed participation in would be considered by the Options customer service than any other the issue from 50% to 40%. See Allocation Committee in deciding applicant for the issue). Furthermore, proposed Rule 6.82(d)(2)(A)–(B). whether to reduce an LMM’s guaranteed the Exchange asserts that the current This proposed change is intended to participation. These factors include restrictions place the PSE at a give discretion to the Options compensation to the LMM for taking on competitive disadvantage to other 12 Allocation Committee to reduce an the responsibilities of an LMM, and exchanges. See e.q. CBOE Rule LMM’s guaranteed participation when the amount of guaranteed participation 8.80(a).15 trading volume levels are sufficiently necessary for the LMM to compete in high and the individual situation multiple trading.13 The Exchange also is proposing to warrants such action. In making these With regard to the proposed change in delete the reference to Commentary .02 determinations, the Options Allocation the number of months (from four to in Rule 6.82(a)(2) because, under the Committee would consider the factors three) that must pass before an LMM’s proposal, Commentary .02 will be specified in proposed Rule 6.83(e)(4) guaranteed participation may be deleted.16 regarding evaluation of LMMs, reduced, the Exchange seeks to 3. Under the proposal, if an issue is including, among other things, accelerate the review process so that reallocated from an LMM to a market consideration of the LMM’s evaluation appropriate action may be taken more maker trading crowd, the market quality conducted pursuant to Options Floor quickly. and service provided by the crowd must Procedure Advice (‘‘OFPA’’) B–13, and 2. Commentary .02 to Rule 6.82 equal or better that previously provided the LMM’s compliance with Exchange currently provides that for an LMM to or guaranteed by the LMM. Otherwise, rules, including, but not limited to, be used in any options class opened for the Options Allocation Committee may Rules 6.32 through 6.40 and Article XI, trading at the Exchange before January determine that the issue revert to the Section 2 of the Exchange Constitution. 1, 1990, such option class must have an LMM system. See proposed Rule The proposal would prompt the Options average monthly contract volume for the 6.82(f)(2). Allocation Committee to review the previous six-month period that ranks performance of LMMs when issues they that class in the bottom 20% of class 4. The proposal would allow the trade have substantial increases in order activity for the options floor. It further Options Appointment Committee to flow.8 provides that any dually-traded options designate a cooperative of market These new provisions assure LMMs class whose daily contract volume for makers to act as an LMM in an issue that they will continue to retain some the previous calendar year falls below provided the market makers in the guaranteed participation as long as their 70% of the total multi-exchange volume cooperative together maintain a cash or performance is adequate. Thus, they and any options class subject to liquid asset position in the amount serve as incentives to attract and keep reallocation pursuant to OFPA B–13 required for LMM’s, set forth in current 17 qualified LMMs who will participate in may be converted to the LMM Program Rule 6.82(c)(8). A cooperative would the LMM Program and offer competitive at the discretion of the Exchange. The consist usually of two or three Exchange markets and services. With respect to Exchange is proposing in Amendment members who must be registered as issues traded only on the Exchange, the No. 1 to eliminate Commentary .02 market makers. They may not, however, Exchange believes that the Options because the Exchange believes that all have ‘‘financial arrangements’’ with one Allocation Committee should have the issues traded in the options floor should another as defined in PSE Rule 6.40, flexibility to reduce an LMM’s be eligible for trading under the LMM which restricts such members from 18 guaranteed participation in a high- Program.14 The Exchange believes that trading in the same trading crowd. volume issue from 50% to 25% if it Commentary .02 is unnecessarily This provision further states that finds, based upon review of an LMM’s restrictive. To the extent that it violations of the Exchange Constitution performance, that that issue has reached precludes LMMs from trading high and Rules committed by a market maker a high level of trading volume for volume issues, the Exchange believes cooperative that is not registered as a reasons other than those for which the that it is unwarranted based on the broker-dealer may render each market LMM is responsible.9 Exchange’s experience with several maker thereof personally liable for With respect to multiply-traded high-volume, multiply-traded issues issues, the proposal would allow the that are, and have been, successfully 15 Amendment No. 2, supra note 5. Options Allocation Committee to take traded under the LMM Program. The 16 Id. 17 action in situations where an issue Exchange believes that there may be Under the proposal, current Rule 6.82(c)(8) will be renumbered as Rule 6.82(c)(11) and will becomes heavily traded at the Exchange, continue to require that an LMM maintain a cash but the Exchange begins to lose a certain 11 The Options Allocation Committee could, of course, also reallocate the issue to another LMM or or liquid asset position in the amount of $100,000 share of order flow to a competing to the trading crowd pursuant to Rule 6.82(f)(1)(A) or in an amount sufficient to assume a position of exchange.10 In such situations, if the if the individual situation warranted such action. 20 trading units of the security underlying the Options Allocation Committee finds 12 See Rule 6.82(c). option the LMM has been allocated, whichever that the LMM was responsible for the 13 The proposed reductions in guaranteed amount is greater. loss of order flow, it would have the participation to 25% in exclusively-traded issues 18 The PSE recently amended its Rule 6.40, and to 40% in multiply-traded issues are based on Financial Arrangements of Options Floor Members the assumption that in multiply-traded issues, the (formerly, Financial Arrangements of Market 8 Amendment No. 1, supra note 4. LMM requires greater participation to compete for Makers) in Securities Exchange Act Release No. 9 Amendment No. 1, supra note 5. order flow with order exchanges. 37543, (August 8, 1996), 61 FR 42458. See also 10 Id. 14 Amendment No. 1, supra note 4. Discussion section, infra. at notes 39–42 and accompanying text. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53249 disciplinary sanctions for such Currently, and as specified in the rule notes that an award of compensation violations.19 change proposal, the Options may be appropriate in any of the The Exchange believes that such Appointment Committee is responsible circumstances set forth in subsection cooperatives will serve a useful function for ‘‘qualifying’’ LLMs, i.e., approving (f)(1). The Exchange notes that under by allowing for greater liquidity in an their registration as LMMs based on Amendment No. 1, subsection (f)(2) will LMM issue together with greater capital requirements (and other factors). be deleted. accountability and service to customers The Options Allocation Committee 9. The Exchange proposes to simplify than might otherwise be provided if currently is responsible for allocating the current provisions concerning only one member served as LMM in that option issues to LMMs, evaluating LMM appeals from Options Allocation 20 issue. performance, and, if necessary, Committee or Options Appointment The Exchange believes that it is reallocating issues traded by LMMs. In Committee decisions so that in all cases appropriate to allow such cooperatives addition, the Exchance notes that the such appeals are governed by Rule 11,29 to serve as LMMs so long as the capital Market Performance Subcommittee of and, during such appeals, the Options requirements and customer service the Options Floor Trading Committee Allocation Committee shall appoint an requirements of the LMM Rule are met, currently is responsible for evaluating interim LMM or trading crowd until and the trading restrictions on members the performances of LMMs on a case by such appeal has been resolved. See with financial arrangements are case basis when relevant issues arise, proposed Rule 6.82(g). The Exchange satisfied. If trading conditions were to and making recommendations to the become unduly complicated, however, believes that such decisions are not Options Allocation Committee on those disciplinary in nature and that such the Options Allocation Committee could 26 issues. appeals are more properly addressed by rectify the situation by disallowing more 7. The proposal specifies that each Rule 11 relating to appeals of committee than one member to serve as LMM in LMM must designate an approved LMM decisions, rather than Rule 10, which that issue.21 to act as a substitute LMM (in case the relates to appeals of disciplinary 5. The Exchange proposes that in the designated LMM is unable to perform its decisions. absence of extraordinary circumstances, duties), and notify Book Staff of such as determined by the Options Allocation designation. See proposed Rule 10. The proposal would remove a Committee, no LMM may be allocated 6.82(c)(5). The term ‘‘substitute LMM’’ provision requiring that LMM issues be more than 10% of the number of all refers to a member who agrees to act for traded in an area of the trading floor that option issues traded on the Options an LMM on a temporary basis when the is separate from other issues. See Floor. See proposed Rule 6.82(e)(3). The registered LMM is unable to be present current Rule 6.82(a)(2). The Exchange purpose of this proposed change is to throughout a trading day. Substitute does not believe that segregated areas reduce the Exchange’s risk in the event LMMs, agree to assume all of the for market maker and LMM trading that a member fails or a market break registered LMM’s duties as LMM. They posts should be required because the occurs and a number of option issues must previously have been approved by integration of LMMs with market maker would then be required to be the Options Appointment Committee trading crowds allows for greater reallocated.22 and must currently meet all other competition and liquidity. In addition, 6. The Exchange proposes to replace requirements of the LMM Rule, with the limited amount of space on the references to the LMM Appointment including capital requirements.27 trading floor, the Exchange needs Committee in the current rule with 8. Rule 6.82(b)(8) currently provides maximum flexibility when it is references to either the Options that if an issue is reallocated pursuant necessary to move an issue to a new Allocation Committee or the Options to subsection (b)(7), the LMM shall location on the floor. The Exchange also Appointments Committee. See passim. receive an award of compensation based intends to allow individual members to When Rule 6.82 first was adopted in upon time of service, performance, trade issues as LMMs while continuing 1990, it provided for the LMM capital commitment, and trading to trade other issues as market makers Appointment Committee to administer volume in the subject option issue. It in various locations on the floor.30 virtually all of the provisions of the further provides that this award shall 23 11. Proposed Rule 6.82(c)(2) states LMM Rule. In June 1992, however, the not exceed two years. The Exchange that each LMM is obligated to honor Commission approved an Exchange proposes to change the term ‘‘shall’’ in guaranteed markets, including markets proposal that, among other things, that provision to ‘‘may.’’ See proposed required by Rule 6.86 31 and any better eliminated the LMM Appointment Rule 6.82(f)(3). The Exchange believes market pledged during the allocation Committee, whose functions were that situations may arise where an issue process. The term ‘‘better market assumed by the Options Allocation is reallocated and the LMM should not pledged’’ refers to the market depth or Committee and the Options be entitled to any compensation (e.g., width that an applicant for a new issue Appointment Committee.24 The current due to lack of performance). Given that agrees to provide if the Options proposal conforms Rule 6.82 to Rules the current rule is sufficiently vague Allocation Committee allocates that 11.10(a) and 11.10(c).25 that its requirements could be satisfied issue to that applicant. The Options by providing an LMM with nominal Allocation Committee considers such 19 See proposed Rule 6.82(a)(3). compensation, the Exchange believes 20 Amendment No. 1, supra note 4. pledges when choosing among 21 that the proposed change is relatively applicants for allocations of new option Id. 28 22 Id. insignificant. issues. The rule change merely 23 See Securities Exchange Act Release No. 27631, In addition, in Amendment No. 1, the supra note 6. Exchange is proposing to change the 29 PSE Rule 11 concerns generally committees of 24 See Securities Exchange Act Release No. 20843 reference to subsection (f)(2) contained the Exchange. PSE Rule 11.7 concerns hearings and (June 19, 1992), 57 FR 28889 (approving File No. in subsection (f)(4) to a reference to review of committee action. SR–PSE–92–07); see also PSE Rule 11.10(a) subsection (f)(1), because the Exchange 30 Amendment No. 1, supra note 4. (Options Appointment Committee), Rule 11.10(c) 31 PSE Rule 6.86 states that non-broker-dealer (Options Allocation Committee), and OFPA B–13 (Evaluations of Options Trading Crowd 26 Id. customer orders are entitled to a guaranteed Performance). 27 Id. minimum of twenty option contracts at the bid or 25 Amendment No. 1, supra note 4. 28 Id. offering prices being disseminated at the time the order is represented at the designated trading post. 53250 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices reinforces the obvious requirements that Exchange, rather than specific 17. The Exchange is proposing to LMMs must honor those pledges.32 committees (as stated in the original eliminate the requirement in current 12. The Exchange proposes to replace proposal), when certain events occur Rule 6.82(c)(3) that the LMM disclose to existing language in Rule 6.82(b)(10), (i.e. notice of an LMM’s resignation or the trading crowd the elements of any which currently states that the notice of a material financial, formula the LMM uses for automatically ‘‘Committee’’ 33 may perform all operational or personnel change to the updating market quotations. The functions of the Market Performance LMM). The Exchange believes that this Exchange believes that this provision is Committee of the Board of Governors change will make administration of the unnecessary because the Exchange has a under the PSE rules with respect to relevant rule provisions more efficient. longstanding policy that any member review and evaluation of the conduct of The Exchange also is proposing to who wants to know what formula is LMMs in the classes of their LMM eliminate the phrase ‘‘as determined by being used for automatically updating appointment. Instead, proposed Rule the Options Appointment Committee’’ quotations in an issue can simply ask 6.82(e)(4) states that the Options from the text of proposed Rule the Order Book Official, and he or she Allocation Committee shall monitor and 6.82(f)(1)(B) because under that rule, will provide the information to that evaluate the performance of LMMs with determinations may be made either by member. The Exchange believes that regard to quality of markets. This will the Options Appointment Committee or this policy improves upon the existing continue to be done at lease the Options Allocation Committee, rule, which is not specific as to when, semiannually. In reviewing and depending upon the issue or or to whom the formula must be evaluating an LMM‘s performance, the circumstances. The Exchange will disclosed. Options Allocation Committee will assure that any such notices will be 18. In Amendment No. 2, the consider, among other things, OFPA B– forwarded to the appropriate Exchange is proposing to strike the 13, and the LMM’s compliance with Committee. words ‘‘dually-traded or’’ from Rule Exchange rules, including, but not 15. Rule 6.82(b)(7)(ii) currently 6.82(d)(2)(A) because they are limited to, Rules 6.32 through 6.40 and provides that the use of an LMM in a superfluous.38 The Exchange also is Article XI, Section 2 of the Exchange particular option may be discontinued if replacing the term ‘‘exclusively-traded’’ Constitution. The Exchange notes that ‘‘it is * * * determined, considering in proposed Rule 6.82(d)(2)(B) with the the reference to the Market Performance all the facts and circumstances, that the term ‘‘non-multiply-traded.’’39 Finally, Committee should be deleted because trading in a particular option class the Exchange proposes to restructure the that entity has been replaced by the would be better accommodated by the rule, eliminate superfluous provisions, Exchange’s Board Oversight introduction of, or return to, the market and make other revisions that would Committee.34 maker system without an LMM. An clarify the current text of the Rule. See 13. Rules 6.82(b)(4) and (b)(9)(ii) LMM so affected shall be required to passim. currently provide that an LMM who is terminate his appointment in no fewer the subject of ‘‘Committee’’ 35 review in than three (3) business days subsequent III. Discussion connection with the termination of an to his receipt of written notice from the The Commission finds that the LMM appointment will be advised of Exchange.’’ The Exchange believes, proposed rule change is consistent with the review and, upon receipt of such based on its evaluation of the LMM the requirements of the Act and the notification, shall have ten (10) business Program over the past several years, that rules and regulations thereunder days in which to submit a written this vague provision is unnecessary for applicable to a national securities statement for the consideration of the the operation of the LMM Program.37 exchange, and, in particular, with Committee, and that formal rules of 16. In Amendment No. 1, the Section 6(b)(5) of the Act, in that the evidence do not apply to these Exchange is proposing to modify OFPA proposal is designed to protect investors proceedings.36 B–13 to provide expressly that all of the and the public interest. The The Exchange proposes to delete this rules and procedures applicable to the Commission finds generally that the provision on the ground that it semiannual evaluations of options proposed changes to the PSE’s LMM unnecessarily restricts the Options trading crowd performance will also Program may continue to enhance the Allocation Committee, which may need apply to evaluations of LMM market making mechanism at the PSE, to act promptly in reallocating issues, or performance. This change would codify thereby improving the market for listed the Options Appointment Committee, an existing practice of the Options options on the Exchange. Specifically, which may need to act quickly in Allocation Committee. As stated in the the Commission finds as follows: disqualifying an LMM. The Exchange rule change, trading crowds are 1. The Commission believes that the believes that these committees ought to compared with other trading crowds Exchange’s proposal to provide the have the ability to reallocate issues or and LMMs are compared with other Options Allocation Committee with the disqualify LMMs in the normal course LMMs for determining which trading discretion to reduce an LMM’s of business, and that no special crowds and which LMMs rank in the guaranteed participation in a dually- or procedures should be required, as is the bottom 10% of the floor, thereby multiply-traded issue from 50% to 40%, case with virtually all other actions of subjecting them to the remedial action and, in a non-multiply-traded issue, committees. specified in subsection (a) of OFPA B– from 50% to 25%, if certain volume 14. In Amendment No. 1, the 13. In addition, the Exchange is levels are reached, is consistent with the Exchange is proposing to modify Rules proposing to modify subsection (i) of Act. 6.82(b)(3) and 6.82(c)(13) so that OFPA B–13 so that appeals of remedial The Commission agrees with the members will be required to notify the action taken by the Options Allocation Exchange that once sufficient volume in Committee will be governed by Rule an LMM issue has been developed it 32 Amendment No. 1, supra note 4. 11.7 (‘‘Hearing and Review of may be appropriate to undertake such 33 Securities Exchange Act Release No. 30843, Committee Action’’), rather than by Rule supra note 24. action. The Commission also notes that 34 Amendment No. 1, supra note 4. 10.11(d), which relates to appeals of with respect to multiply-traded issues, 35 Securities Exchange Act Release No. 30843, disciplinary decisions. supra note 24. 38 Amendment No. 2, supra note 5. 36 Amendment No. 1 supra note 4. 37 Id. 39 Id. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53251 the Exchange proposal would provide Program may improve the Exchange’s the absence of an exemption from the for such reductions only if the market making capabilities by Options Floor Trading Commission.46 Exchange’s share of trading volume fell encouraging long-term commitments to The Commission expects that, as would below certain thresholds. The options classes. generally be the case, in determining Commission notes that in making the The Commission notes that the pilot whether a market maker cooperative determination whether to reduce an LMM Program recently was extended should to receive an exemption from the LMM’s guaranteed participation, the for another year, and will expire in Rule 6.40 restrictions, the Options Floor Options Allocation Committee will September 1997.42 In approving the Trading Committee will consider the consider factors such as the LMM‘s modification to the LMM Program potential for market domination the evaluation conducted pursuant to OFPA making all option issues eligible, the market maker cooperative could pose. B–13, and the LMM’s compliance with Commission notes, however, that before The Commission notes that, in addition Exchange rules, including, but not the LMM Program can be approved on to a cooperative meeting the Exchange’s limited to, Rules 6.32 through 6.40 and a permanent basis, or further extended, capital requirements, each member of a Article XI, Section 2 of the Exchange the Exchange must provide the cooperative of market makers that is Constitution.40 The Commission also Commission with an updated report on acting as an LMM must comply with notes that these provisions are the operation of the LMM Program.43 Rule 15c3–1 under the Act, the net permissive, not mandatory. When the Commission receives this capital rule.47 The Commission finds that the report, it will consider the impact of this 5. The Commission finds that the distinction the Exchange makes between modification in deciding whether to Exchange’s proposal to prevent a single multiply-traded issues and non- approve the LMM Program on a LMM from being allocated more than multiply-traded issues is reasonable. As permanent basis, or to further extend it. 10% of the number of option issues noted by the Exchange, this distinction, 3. The Commission believes that, if an traded on the options floor is consistent is intended to provide an LMM with issue is reallocated from an LMM to a with the Act. The Commission agrees greater participation for multiply-traded market maker trading crowd, it is with the Exchange that this provision issues, given that it will be competing reasonable that the Exchange require should help to address concerns for order flow with other exchanges. As that the market quality and service regarding the potential adverse effects further noted by the Exchange, when an equal or better that previously provided on the maintenance of a fair and orderly issue traded only on the Exchange or guaranteed by the LMM. The market that could arise from a LMM’s reaches a high level of trading volume, Commission notes that under the insolvency or similar event. there should be flexibility to reduce the proposal the Options Allocation 6. The Commission finds that the LMM’s guaranteed participation where Committee is not required to reallocate Exchange’s proposal to replace the issue has reached high trading the issue to the LMM system. The references to the LMM Appointment volume for reasons other than those Commission believes that it is Committee that exist in the current rule attributable to LMM performance. consistent with the Act to allow the with references either to the Options The Commission also finds that the Options Allocation Committee to take Allocation Committee or the Options change from four to three as the number such action because it should result in Appointment Committee is appropriate of months that must pass before an options being reallocated in a manner given that the LMM Appointment LMM’s guaranteed participation may be designed to achieve improved market Committee no longer exists.48 The reduced is reasonable given that it will quality and service. Commission believes that this aspect of permit appropriate action to be taken 4. The Commission believes that the the Exchange’s proposal should add more quickly. Exchange’s proposal to allow the clarity to the LMM Rule. 2. Commentary .02 to Rule 6.82 Options Appointment Committee to 7. The Commission believes that the currently restricts the use of an LMM to designate a cooperative of market Exchange’s proposed requirement that various options classes. The Exchange is makers to act as an LMM in an issue is each LMM designate an approved LMM proposing to make all issues traded on consistent with the Act. The Exchange to act as a substitute LMM is reasonable the options floor eligible for the LMM states that it believes that such and should serve to benefit the LMM Program. The Commission notes that in cooperatives should serve to increase system by ensuring that the duties of an the original proposal for the LMM liquidity in an LMM issue and provide LMM absent on a particular day Program, the Exchange made eligible for better service to customers than nevertheless will be undertaken by new options classes, and those with might otherwise exist. In addition, PSE another LMM. comparatively low volume.41 The Rule 6.40 should address concerns that 8. The Exchange has proposed to Exchange believes that Commentary .02 may exist that a market maker permit, rather than require, the is unnecessarily restrictive based on its cooperative might dominate the market awarding of compensation to an LMM successful experience trading several in a given issue.44 Rule 6.40 provides whose issue is reallocated pursuant to high-volume, multiply-traded issues in that a member with a ‘‘financial proposed Rule 6.82(f)(1). The 45 the LMM Program. The Commission arrangement’’ with another member Commission finds that it is appropriate finds that it is appropriate to open the may not bid, offer, and/or trade in the for the Exchange to determine what LMM Program to all issues traded on the same trading crowd at the same time in compensation, if any, an LMM should options floor because the broadening of receive in the event of reallocation of an 42 the LMM Program may enhance the Securities Exchange Act Release No. 37767, issue. supra note 6. 9. The Commission believes that the market making mechanism on the 43 Id. Exchange’s proposal to have all appeals Exchange, thereby improving the 44 The purpose of Rule 6.40 is to prevent market markets for all listed options on the makers who have financial arrangements with each Exchange. Specifically, the Commission other from unfairly dominating the market in any 46 PSE Rule 6.40(b)(1). PSE Rule 6.40 formerly option issues or series. PSE Rule 6.40, Commentary imposed a narrower restriction on market makers believes that expanding the LMM .01. The Commission recently approved certain with financial arrangements with floor brokers. changes to PSE Rule 6.40. Securities Exchange Act Former PSE Rule 6.40, Commentary .01. 40 Amendment No. 1, supra note 4. Release No. 37543, supra note 18. 47 17 CFR 240.15c3—1. 41 Securities Exchange Act Release No. 27631, 45 PSE Rule 6.40(a), Financial Arrangements 48 See Securities Exchange Act Release No. 30843, supra note 6. Defined. supra note 24. 53252 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices from Options Allocation Committee or should be required, given that other expressly that all of the rules and Options Appointment Committee actions of committees require no such procedures applicable to the semiannual decisions be governed by Rule 11 rather special procedures. evaluations of options trading crowd than Rule 10 is appropriate given that The Commission believes that this performance will also apply to Rule 10 concerns disciplinary aspect of the Exchange’s proposal is evaluations of LMM performance is proceedings and appeals, whereas Rule appropriate, given that it would allow appropriate. The Commission agrees 11 concerns committees of the the Options Appointment Committee to that this modification is appropriate as Exchange. The Commission agrees with disqualify an LMM due to a material the codification of existing practice of the Exchange that because decisions of financial, operational, or personnel the Options Allocation Committee, and the Options Allocation Committee and change warranting immediate action, that it creates consistency in the the Options Appointment Committee and furthermore, would permit the treatment of LMMs and options trading are not disciplinary in nature, they more Options Allocation Committee to crowds with respect to evaluations. properly are addressed by Rule 11. reallocate issues promptly. A ten day The Exchange also is proposing to 10. The Exchange has proposed to notification period is at odds with such modify OFPA B–13 so that appeals of remove the provision requiring LMM a need for prompt action. The remedial action taken by the Options issues be traded in an area of the trading Commission finds that the removal of Allocation Committee will be governed floor that is separate from other issues. the ten day notice provision is by Rule 11 rather than Rule 10. The The Commission believes that this consistent with the Act. Furthermore, Commission believes this modification restriction is not necessary, and agrees the Commission finds that the is consistent with the Exchange’s with the PSE that removing it will afford elimination of this provision is proposal that appeals of decisions from the PSE increased flexibility in allotting consistent with appeals from Options the Options Allocation Committee and limited space, and similarly will allow Allocation Committee or Options the Options Appointment Committee PSE members to trade issues as LMMs Appointment Committee decisions will be governed by Rule 11 concerning while continuing to trade other issues as being governed by Rule 11 50 concerning appeals of committee decisions, rather market makers. committees of the Exchange. than Rule 10 concerning appeals of 11. The Commission agrees with the 14. The Commission agrees that disciplinary decisions. PSE that the provision that an LMM requiring members to notify the 17. The Commission finds that the honor any ‘‘better markets pledged Exchange, rather than a specific elimination of the requirement to during the allocation process’’ committee, when certain events occur, disclose to the trading crowd the reinforces and serves to formalize the such as notice of an LMM’s resignation formula used by the LMM to implicit requirement that an LMM or notice of a material financial, automatically update market quotations honor pledges made during the operational, or personnel change to the is appropriate in light of the allocation process, and therefore is LMM, will make administration of the longstanding Exchange policy, that this reasonable. relevant rule provisions more efficient. information is available upon request 12. The Commission believes that the The Commission also agrees that from the Order Book Official. The Exchange’s proposal to replace a deletion in Rule 6.82(f)(1)(B) of the Commission considers the provision reference to ‘‘Committee’’ with one to phrase ‘‘as determined by the Options requiring LMM disclosure of this Options Allocation Committee is Appointment Committee’’ is information therefore to be superfluous appropriate given that ‘‘Committee’’ in appropriate, where determination of and unnecessary. current Rule 6.82 refers to the LMM whether a material change in the LMM’s 18. The Commission finds appropriate Appointment Committee which no operations or status has occurred may the revisions to the proposal that would longer exists.49 Similarly, the current be made, depending on the strike the words ‘‘dually-traded or’’ from reference to Market Performance circumstances, by either the Options Rule 6.82(d)(2)(A) because they are Committee, now the Board Oversight Appointment Committee or the Options superfluous, and replace the term Committee, is removed. The Allocation Committee. ‘‘exclusively-traded’’ in proposed Rule Commission believes that both these 15. The Commission believes that the 6.82(d)(2)(B) with the term ‘‘non- changes add clarity to the Exchange’s proposal to delete the provision in multiply-traded.’’ The Committee finds proposal. current Rule 6.82(b)(7)(ii) requiring an that the other revisions and 13. The Exchange proposes to remove restructurings to Rule 6.82 serve to add the current provision that states that an LMM to terminate his appointment within three business days of written clarity to the Exchange’s proposal, and LMM that is the subject of Committee therefore are appropriate. review in connection with the notification by the Exchange of a determination that trading in a 19. The Commission finds good cause termination of an LMM appointment for approving Amendment Nos. 1 and 2 shall have ten business days in which particular option would be better accommodated by the introduction of, to the proposed rule change prior to the to submit a written statement for the thirtieth day after the date of consideration of the Committee. The or return to, the market maker system without an LMM, is appropriate. The publication of notice thereof in the Exchange has stated that this provision Federal Register. Amendment Nos. 1 unnecessarily restricts the Options Commission agrees with the Exchange that the provision is vague, and notes and 2 consist of clarifying changes that Appointment Committee and the serve to strengthen the Exchange’s Options Allocation Committee, which that Rule 6.82 contains more specific provisions for the reallocation of a proposal, but do not materially alter the may need to act promptly to disqualify terms of the proposal as originally an LMM or to reallocate issues, as the particular option of another LMM or to the market maker trading crowd.51 described when published for case may be. Moreover, the Exchange 52 16. The Commission believes that the comment. Accordingly, the states that the Options Allocation modification of OFPA B–13 to provide Commission believes there is good Committee should be able to effect cause, consistent with Sections 6(b)(5) reallocation in the normal course of its 50 See PSE Rule 11.7 (concerning hearings and and 19(b)(2) of the Act, to approve business, and that no special procedures review of committee action). 51 See current Rule 6.82(b)(4); proposed Rule 52 Securities Exchange Act Release No. 36952, 49 Id. 6.82(f). supra note 3. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53253

Amendment Nos. 1 and 2 to the adopt on a permanent basis rules for the Securities Rulemaking Board proposal on an accelerated basis. listing and trading of municipal bonds. (‘‘MSRB’’).6 IV. Solicitation of Comments Notice of the proposed rule change Under the pilot program, any was published for comment and Interested persons are invited to purchase or sale of a municipal security appeared in the Federal Register on July shall be exempt from the provisions of submit written data, views, and 3 9, 1996. No comments were received the Exchange’s off-board trading rules.7 arguments concerning Amendment Nos. on the proposal. On October 1, 1996, In addition, the pilot program is not 1 and 2. Persons making written PSE submitted Amendment No. 1 intended to otherwise alter the existing submissions should file six copies (‘‘Amendment No. 1’’) to the proposal to regulatory framework and oversight thereof with the Secretary, Securities adopt additional maintenance criteria.4 and Exchange Commission, 450 Fifth This order approves the proposal, as applicable to municipal securities 8 Street, N.W., Washington, D.C. 20549. amended. trading. Finally, a municipal security Copies of the submission, all subsequent would be subject to delisting in the amendments, all written statements I. Description of the Proposal event it were no longer rated as with respect to the proposed rule On March 7, 1994, the Commission investment grade by a nationally change that are filed with the approved an Exchange pilot program recognized rating service. Commission, and all written providing for the listing and trading of To accommodate the listing of communications relating to the ‘‘municipal securities,’’ as defined in municipal securities, the PSE proposes proposed rule change between the Section 3(a)(29) of the Act (‘‘pilot Commission and any person, other than to apply the same rules and conditions program’’).5 The Exchange now of the pilot program, as noted above, on those that may be withheld from the proposes to adopt this municipal public in accordance with the a permanent basis. In addition, the securities pilot program on a permanent Exchange proposes to adopt the provisions of 5 U.S.C. § 552, will be basis. available for inspection and copying in following rules on a permanent basis: Under the pilot program, and the Commission’s Public Reference Rule 3.2(e)(3) (basic listing municipal security may be eligible for Section, 450 Fifth Street, N.W., requirements); Rule 3.5(d)(5) Exchange listing provided it is rated as Washington, D.C. 20549. Copies of such (maintenance requirements);9 Rule investment grade by at least one filing will also be available for 5.13(i) (comparance, settlement, and nationally recognized rating service, and inspection and copying at the principal satisfies the Exchange’s distribution clearance); and Rule 5.46(xv) office of the PSE. All submissions criteria for bonds of issuers whose (exemption to off-board trading should refer to File No. SR–PSE–96–03 corporate securities are not listed on the requirements). and should be submitted by October 31, Exchange, i.e., the size of issue must be The Exchange proposes that any 1996. at least $20 million principal amount/ municipal security that it lists be V. Conclusion aggregate market value, with at least 100 assigned to a specialist and traded in It is therefore ordered, pursuant to holders. In addition, the Exchange may accordance with all PSE regulations Section 19(b)(2) of the Act,53 that the consider such other information as it otherwise applicable to the trading of proposed rule change (SR–PSE–96–03), deems necessary to evaluate the securities on the Equity Floors of the as amended, is approved. appropriateness of the issue for Exchange.10 Finally, the Exchange For the Commission, by the Division of exchange trading, including the represents that it will require that its Market Regulation, pursuant to delegated financing structure and/or arrangement members who trade municipal bonds 54 authority. of the issuer. listed on the Exchange will have an Jonathan G. Katz, Any municipal securities listed by the adequate understanding of the tax Secretary. Exchange must be assigned to a [FR Doc. 96–26013 Filed 10–9–96; 8:45 am] specialist and traded in accordance with BILLING CODE 8010±01±M all PSE regulations otherwise applicable 6 MSRB Rule G–3 provides specific qualification to the trading of securities listed on the requirements for municipal securities principals Exchange. As with corporate bonds, and representatives. In light of the PSE’s [Release No. 34±37781; File No. SR±PSE± trade reports and quotation information qualification requirements for specialists, the 96±16] for municipal securities will be Exchange believes it is appropriate for the PSE to rely on these requirements for its specialists in lieu Self-Regulatory Organizations; Pacific disseminated over Network B. However, to ensure uniformity of practice within of the Rule G–3 standards. It is important, however, Exchange, Inc.; Order Approving that any specialist selected by the PSE for a listed Proposed Rule Change and Notice of the securities industry, proposed Rule municipal security be familiar with the Filing and Order Granting Accelerated 5.13(i) provides that all aspects of the characteristics of municipal securities. Approval of Amendment No. 1 Thereto trade reconciliation process, including 7 See Rule 5.46. Relating to Listing and Trading comparison, settlement and clearing 8 The National Association of Securities Dealers Guidelines for Municipal Bonds will be governed by the applicable (‘‘NASD’’) has the authority to enforce the MSRB requirements of the Municipal rules. The Exchange notes that it will also be October 3, 1996. responsible for enforcing MSRB rules for the listed municipal securities. The PSE’s enforcement in this On June 5, 1996, the Pacific Stock 3 See Securities Exchange Act Release No. 37385 Exchange, Inc. (‘‘PSE’’ or ‘‘Exchange’’) (June 28, 1996), 61 FR 36099. regard will not preempt or limit in any manner the NASD’s authority to act in this area. submitted to the Securities and 4 Letter from Michael Pierson, PSE, to Stephen M. Exchange Commission (‘‘SEC’’ or Youhn, SEC, dated September 30, 1996. 9 In addition to requiring a particular issue to be ‘‘Commission’’), pursuant to Section 5 See Securities Exchange Act Release No. 33721 rated as investment grade by at least one nationally (March 7, 1994), 59 FR 11636 (March 11, 1994). On recognized rating service, PSE will require the issue 19(b) of the Securities Exchange Act of July 5, 1994, the Commission approved a 120-day to have a market value or principal amount 1 1934 (‘‘Act’’), and Rule 19b–4 extension to the Exchange’s Municipal Bond outstanding of at least $400,000. See Amendment 53 15 U.S.C. 78s(b)(2) (1988). thereunder,2 a proposed rule change to Trading Pilot Program. See Securities Exchange Act No. 1. The Commission also notes that PSE Rule 54 17 CFR 200.30–3(a)(12). Release No. 34317 (July 5, 1994), 59 FR 35546 (July 3.5(s), which sets forth reasons for suspending or 1 15 U.S.C. 78s(b)(1) (1988 & Supp. V 1993). 12, 1994). The pilot program expired in November delisting a security, will also apply to municipal 2 17 CFR 240.19b–4 (1994). 1994. securities. 10 To date, the Exchange has not listed or traded any municipal securities under the pilot program. 53254 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices implication of the trading of such that the Amendment adopts criteria (‘‘Act’’),1 notice is hereby given that on bonds. which makes the PSE’s maintenance August 5, 1996, the Philadelphia Stock criteria substantially similar to Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) II. Discussion standards which exist at the American filed with the Securities and Exchage The Commission finds that the and Philadelphia Stock Exchanges. Commission (‘‘Commission’’) the proposed rule change is consistent with Accordingly, consistent with Section proposed rule change as described in the requirements of the Act and the 6(b)(5) of the Act, the Commission Items I, II, and III below, which Items rules and regulations thereunder believes that good cause exists to have been prepared by the self- applicable to a national securities approve Amendment No. 1 to the filing regulatory organization. The exchange, and, in particular, the on an accelerated basis. Commission is publishing this notice to requirements of Section 6(b)(5).11 In III. Solicitation of Comments solicit comments on the proposed rule particular, the Commission believes the change from interested persons. proposal is consistent with the Section Interested persons are invited to 6(b)(5) requirement that the rules of submit written data, views and I. Self-Regulatory Organization’s exchange be designated to promote just arguments concerning Amendment No. Statement of the Terms of Substance of and equitable principles of trade, to 1. Persons making written submissions the Proposed Rule Change foster cooperation and coordination should file six copies thereof with the The Phlx, pursuant to Rule 19b–4 of with persons engaged in regulating, Secretary, Securities and Exchange the Act, proposes to utilize the clearing, settling and processing Commission, 450 Fifth Street, N.W., Exchange’s own internal system’s information with respect to, and Washington, D.C. 20549. Copies of the calculation of index values as: (1) A facilitating transactions in, securities, submission, all subsequent ‘‘back-up’’ to the values currently and, in general, to protect investors and amendments, all written statements calculated by an outside securities the public interest. with respect to the proposed rule information vendor, as well as (2) the Only municipal bond issuers that change that are filed with the official index value for Phlx index qualify under PSE’s proposed non-listed Commission, and all written options.2 Currently, the Exchange corporate issuer distribution criteria communications relating to the utilizes a securities information vendor will be considered for listing on the proposed rule change between the to calculate the index value for all of its Exchange. These criteria, along with any Commission and any person, other than listed index options. Thus, this vendor other information relevant to determine those that may be withheld from the is the ‘‘reporting authority’’ pursuant to whether the issue is appropriate for public in accordance with the Rule 1000A(b)(9), meaning the exchange trading, should ensure that provisions of 5 U.S.C. 552, will be institution or reporting service only municipal bond issues that can available for inspection and copying at designated by the Exchange as the support a liquid trading market will be the Commission’s Public Reference official source for calculating and listed on the Exchange. Moreover, the Section, 450 Fifth Street, N.W., determining the current value or the regulatory scheme in place for Washington, D.C. 20549. Copies of such closing index value of the index. municipal securities now would filing will also be available for Recently, the Exchange implemented continue to apply to PSE-listed inspection and copying at the principal its own index value calculation system, municipal securities, with the office of the PSE. All submissions known as the Index Calculation Engine additional coverage of PSE-listed should refer to File No. SR–PSE–96–16 (‘‘ICE’’). ICE is a system administered by municipal securities, with the and should be submitted by October 31, Regulatory Services, which currently additional coverage of the PSE 1996. serves as a back-up to the official surveillance program to the trading of It therefore is ordered, pursuant to reporting authority by separately the listed municipal securities. Finally, Section 19(b)(2) of the Act,12 that the calculating index values. Specifically, PSE-listed municipal securities will be proposed rule change (SR–PSE–96–16) traded like other PSE-listed bonds and is approved, as amended. 1 15 U.S.C. 78s(b)(1). will be subject to applicable MSRB For the Commission, by the Division of 2 The Commission notes that the Phlx seeks to Rules. For these reasons, the Market Regulation, pursuant to delegated utilize the ICE system value as the official index Commission believes the PSE proposal authority.13 value in three instances. First, the ICE system value is consistent with the requirements of Margaret H. McFarland, would act as the official index value in the event the reporting authority designated by the Phlx is Section 6(b) of the Act. Deputy Secretary. experiencing difficulties in disseminating an The Commission finds good cause to [FR Doc. 96–26062 Filed 10–9–96; 8:45 a.m.] accurate value (e.g., computer failure). Under these circumstances, the ICE system value would be used approve Amendment No. 1 to the filing BILLING CODE 8010±01±M prior to the thirtieth day after the date as the official index value only for the time period that is necessary for the designated agent to correct of publication of notice thereof in the its problem. This would allow trading to continue Federal Register. The Amendment [Release No. 34±37782; File No. SR±Phlx± in the affected security without interruption. requires that outstanding municipal 96±36] Second, if the Phlx believes that the problem is issues maintain a market value or chronic, the Exchange may want to designate a Self-Regulatory Organizations; Notice principal amount of at least $400,000. different reporting authority or become the of Filing of Proposed Rule Change by reporting authority itself. Therefore, the Phlx seeks The Commission believes that this the Philadelphia Stock Exchange, Inc. the authority to continue to disseminate the ICE standard, when considered with the system index value during the time it takes the Relating to Index Value Calculations by existing requirement that an issue be Exchange to make this decision. As soon as this the Index Calculation Engine (``ICE'') rated as investment grade by at least one decision is made, however, the Phlx would submit System a rule filing pursuant to Section 19 of the Act to nationally recognized rating service, switch the reporting authority. will ensure that only those issues which October 3, 1996 Finally, due to economic and efficiency are sufficiently liquid for exchange Pursuant to Section 19(b)(1) of the considerations, the Phlx may want to act as the trading will continue to trade on the Securities Exchange Act of 1934 reporting authority for certain Phlx index options on a permanent basis. Telephone call between Edith PSE. In addition, the Commission notes Hallahan, Special Counsel, Regulatory Services, 12 15 U.S.C. § 78s(b)(2) (1988). Phlx, and Anthony P. Pecora, Attorney, Division of 11 15 U.S.C. 78f(b)(5) (1982). 13 17 CFR 200.30–3(a)(12) (1994). Market Regulation, SEC (Sept. 3, 1996). Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53255 the ICE system receives market price Exchange. The reporting authority for value is not reliable, as described above. information from another securities each index option is currently Bridge In addition, the Exchange proposes that information vendor respecting the Data. For each index option listed on the ICE system be implemented as the securities underlying each Phlx index the Exchange, the specifications and reporting authority for index values and, employing the particular descriptions filed with the Commission temporarily (replacing the official methodology (i.e., capitalization- detail how the index value is calculated reporting authority instantaneously) weighted), calculates an index value and that the calculation is conducted by unit another official reporting authority every 15 seconds. Daily, Exchange staff Bridge. can be designated, whether it is monitors the ICE terminal to ensure that In the course of reviewing ultimately ICE or another securities its value coincides with that of the inconsistencies in index value information vendor. reporting authority, including the last calculations as well as the disaster Lastly, the Exchange proposes to sale prices, outstanding shares, recovery implications of using a single, utilize the ICE system to calculate index component issues and divisor. The ICE outside reporting authority, the values for customized options that may system contains both the Bridge values Exchange determined to create and be traded in the future on the Exchange. and the Exchange-calculated values. build its own internal system for the Because customization will allow for The system is directed to disseminate calculation and dissemination of index various methods of determining the the reporting authority’s value as values. Recently, the ICE system was index value, the Exchange must provide opposed to the ICE value at the start of completed, tested, and implemented as a method for calculating and each day. Alarms are established so that a surveillance tool for Phlx Regulatory disseminating such values. For instance, if a particular index value calculated by Services and Market Surveillance staff a P.M.-settled option such as the the reporting authority varies by more monitoring Exchange index options National Over-the-Counter Index option than a set amount from ICE’s value, the trading. could be customized for A.M. alarm will ring to alert staff. If it is In an effort to make use of the settlement, requiring the calculation of determined that the price disruption is capabilities of the ICE system, the a morning value for that option. The due to incorrect information or a Exchange proposes its implementation Exchange believes it will be more technical difficulty with the reporting where its official reporting authority is efficient and economical to rely on ICE authority, Exchange staff is able to not able to accurately calculate an index for these functions, rather than contract immediately switch over to the ICE value. This may occur for many reasons, with an outside vendor. system to disseminate that value. Thus, including a system malfunction due to The Exchange believes that its ICE ICE provides the Exchange with an a power surge, cut cable, or line system supports the integrity of index independent, internal index value as a problem. The reporting authority’s value values on the Exchange in two ways. back-up. may also be based on incorrect price First, it serves as an automatic trigger Accordingly, the Exchange proposes information received from that vendor’s that the official value may be incorrect, to temporarily utilize the ICE system as source of such data, which the Exchange with independent verification of data. its reporting authority when ICE is able to verify and adjust using another Second, the ICE system provides an indicates that the reporting authority’s vendor’s values. Prior to the automatic replacement value. value is incorrect or the data feed is implementation of the ICE system, The Exchange notes that pursuant to subject to technical difficulties. The Exchange staff became aware of faulty Rule 1102A, neither the Exchange nor Exchange also proposes to cease using index values by way of customer its Reporting Authority shall have any the designated outside vendor as the complaint, specialist or market maker liability stemming from the calculation reporting authority in specific instances, notification (who generally calculate or dissemination of the current or implementing the ICE system as the index values independently), and staff closing index value.3 The Exchange also reporting authority. discovery due to routine monitoring of notes that other exchanges’ rules index values and news releases. None of contain substantially similar definitions II Self-Regulatory Organization’s these methods is instantaneous nor Statement of the Purpose of, and of reporting authority and liability independently reliable. provisions, and utilize a wide variety of Statutory Basis for, the Proposed Rule With the ICE system in place, Change reporting authorities, including Exchange staff can immediately detect calculating certain index values In its filing with the Commission, the an inconsistency in the value between internally, thereby serving as their own self-regulatory organization included the two systems and investigate further reporting authority.4 statements concerning the purpose of to identify where the discrepancy lies. Thus, the Exchange believes that the and basis for the proposed rule change Because the system automatically alerts proposed rule change is consistent with and discussed any comments it received staff to such inconsistencies, monitoring on the proposed rule change. The text index values becomes less reliant on 3 See also Phlx By-Law Article XII, Section 12– of these statements may be examined at staff efforts. The staff role then becomes 11, Use of Facilities of Corporation (limiting the the places specified in Item IV below. focused on researching and resolving Exchanges’ liability concerning damages sustained The self-regulatory organization has the inconsistencies identified by the ICE by a member or member organization utilizing the system. Exchange’s facilities). prepared summaries, set forth in The Commission notes, however, that blanket Sections A, B, and C below, of the most The Exchange also believes that the disclaimers may not apply in all instances. See significant aspects of such statements. development of the ICE system letter from Murray L. Ross, Vice President and facilitates its ability to serve as the Secretary, Phlx, to Anthony P. Pecora, Attorney, A. Self-Regulatory Organization’s reporting authority for its own index Division of Market Regulation, SEC, dated August 21, 1996, in File No. SR–Phlx–96–11 (stating that Statement of the Purpose of, and values. Thus, the system will serve not Statutory Basis for, the Proposed Rule the Phlx will not rely upon the limitation of only as a back-up, but also as the official liability clause concerning 3–D options in cases of Change reporting authority, replacing the intentional misconduct or any violation of the Currently, three market (broad-based) outside securities information vendor. federal securities laws); 15 U.S.C. 78cc (limiting the ability to waive the protection of the federal index options, seven industry (narrow- The Exchange is proposing to designate securities laws). based or sector) index options and the the ICE system as the reporting 4 See, e.g., Chicago Board Options Exchange Rule Super Cap Index option trade on the authority temporarily when the other 24.1, Interpretations and Policies .01. 53256 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Section 6 of the Act 5 in general, and in arguments concerning the foregoing. CFR 108.503–4) shall be the greater of particular, with Section 6(b)(5),6 in that Persons making written submissions 6% over the New York prime rate or the it is designed to promote just and should file six copies thereof with the limitation established by the equitable principles of trade, prevent Secretary, Securities and Exchange constitution or laws of a given State. fraudulent and manipulative acts and Commission, 450 Fifth Street, NW., The initial rate for a fixed rate loan shall practices, to foster cooperation and Washington, DC 20549. Copies of the be the legal rate for the term or the loan. coordination with persons engaged in submission, all subsequent John R. Cox, regulating, clearing, settling, processing amendments, all written statements Associate Administrator for Financial information with respect to, and with respect to the proposed rule Assistance. facilitating transactions in securities, as change that are filed with the well as to protect investors and the Commission, and all written Calculation of SBA’s Peg Rate and public interest, by creating a back-up communications relating to the Direct Lending Rate and alternative determination of index proposed rule change between the values on the Exchange. This, in turn, Commission and any person, other than SBA’s PEG RATE is a Weighted promotes the integrity of the index those that may be withheld from the Average of the last three months like- settlement process by improving both public in accordance with the maturity rates from the Treasury the responsiveness to erroneous values provisions of 5 U.S.C. § 552, will be Department, as follows: as well as providing a replacement available for inspection and copying at Weighted value to ensure the accuracy of the Commission’s Public Reference Month Weight Rate rate disseminated index values. Section, 450 Fifth Street, N.W., Washington, D.C. 20549. Also, copies of B. Self-Regulatory Organization’s July ...... 1 7 7 such filing will be available for Statement on Burden on Competition August ...... 2 7 14 inspection and copying at the principal September ...... 3 6.75 20.25 The Phlx does not believe that the office of the Phlx. All submissions proposed rule change will impose any should refer to File No. SR–Phlx–96–36 Sum ...... 41.25 inappropriate burden on competition. and should be submitted by October 31, Divide by 6 to get peg rate 6.875=peg rate; round to the nearest eighth=67¤8 C. Self-Regulatory Organization’s 1996. SBA's direct rate is last month's like-maturity Statement on Comments on the For the Commission, by the Division of Treasury Rate plus 1%, as follows: Market Regulation, pursuant to delegated Proposed Rule Change Received From SeptemberÐ6.75+1 authority.7 Members, Participants, or Others Direct Rate=Last Month+1=7.75 Margaret H. McFarland, The Exchange has neither solicited Peg Rate: 67¤8 nor received written comments. Deputy Secretary. Direct Rate: 7.750% [FR Doc. 96–26065 Filed 10–9–96; 8:45 am] III. Date of Effectiveness of the BILLING CODE 8010±01±M Proposed Rule Change and Timing for Average Maturity Calculation Commission Action # Of EOL Loans, 1404—12.5 Average Within 35 days of the publication of SMALL BUSINESS ADMINISTRATION Maturity of EOL Loans this notice in the Federal Register or # Of HAL Loans, 954—14.42 Average within such longer period (i) as the Notice; Interest Rates Maturity of HAL Loans Commission may designate up to 90 # days of such date if it finds such longer The Small Business Administration Of VET Loans, 816—10.92 Average period to be appropriate and publishes publishes an interest rate called the Maturity of VET Loans its reasons for so finding or (ii) as to optional ‘‘peg’’ rate (13 CFR 122.8–4(d)) which the self-regulatory organization on a quarterly basis. This rate is a Weighted Average consents, the Commission will: weighted average cost of money to the Weight- 0.442344 5.529300 (A) By order approve the proposed government for maturities similar to the EOL rule change, or average SBA direct loan. This rate may Loans. (B) Institute proceedings to determine be used as a base rate for guaranteed Weight- 0.300567 4.334177 whether the proposed rule change fluctuating interest rate SBA loans. This HAL should be disapproved. rate will be 67⁄8 percent for the October- Loans. December quarter of FY 97. Weight- 0.257088 2.807410 IV. Solicitation of Comments Pursuant to 13 CFR 108.503–8(b)(4), VET Loans. Interested persons are invited to the maximum legal interest rate for a submit written data, views, and commercial loan which funds any Sum 1 12.67088 =Average portion of the cost of a project (see 13 Matu- 5 15 U.S.C. 78f(b). rity. 6 15 U.S.C. 78f(b)(5). 7 17 C.F.R. 200.30–3(a)(12). Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53257

TABLE 1.ÐINTEREST RATES FOR SPECIFIC MATURITIES

Indicated for Used for August September 1996 Changes 1996 (percent) (percent)

1 year ...... 57¤8 53¤4 ¥1¤8 5 years ...... 65¤8 63¤8 ¥1¤4 15 years ...... 7 67¤8 ¥1¤8 20 years ...... 71¤8 7 ¥1¤8

TABLE 2.ÐRANGE OF MATURITIES TO WHICH THE RATES FOR SEPTEMBER 1996 APPLY

From To Rate (percent)

0 yearsÐ3 months ...... 0 yearsÐ4 months ...... 51¤4 0 yearsÐ5 months ...... 0 yearsÐ6 months ...... 53¤8 0 yearsÐ7 months ...... 0 yearsÐ9 months ...... 51¤2 0 yearsÐ10 months ...... 0 yearsÐ11 months ...... 55¤8 1 yearÐ0 months ...... 1 yearÐ2 months ...... 53¤4 1 yearÐ3 months ...... 1 yearÐ6 months ...... 57¤8 1 yearÐ7 months ...... 1 yearÐ11 months ...... 6 2 yearsÐ0 months ...... 2 yearsÐ6 months ...... 61¤8 2 yearsÐ7 months ...... 3 yearsÐ7 months ...... 61¤4 3 yearsÐ8 months ...... 5 yearsÐ2 months ...... 63¤8 5 yearsÐ3 months ...... 7 yearsÐ4 months ...... 61¤2 7 yearsÐ5 months ...... 10 yearsÐ6 months ...... 65¤8 10 yearsÐ7 months ...... 14 yearsÐ0 months ...... 63¤4 14 yearsÐ1 month ...... 17 yearsÐ10 months ...... 67¤8 17 yearsÐ11 months ...... 23 yearsÐ5 months ...... 7 23 yearsÐ6 months ...... 30 yearsÐ0 months ...... 67¤8 The rates shown for September are based on average market yields from July 21, 1996 through August 20, 1996.

TABLE 1.ÐINTEREST RATES FOR SPECIFIC MATURITIES

Indicated for Used for July August 1996 Changes 1996 (percent) (percent)

1 year ...... 53¤4 57¤8 +1¤8. 5 years ...... 65¤8 65¤8 Unchanged. 15 years ...... 7 7 Unchanged. 20 years ...... 71¤8 71¤8 Unchanged.

TABLE 2.ÐRANGE OF MATURITIES TO WHICH THE RATES FOR AUGUST 1996 APPLY

From To Rate (percent)

0 yearsÐ3 months ...... Only ...... 51¤4 0 yearsÐ4 months ...... 0 yearsÐ5 months ...... 53¤8 0 yearsÐ6 months ...... 0 yearsÐ7 months ...... 51¤2 0 yearsÐ8 months ...... 0 yearsÐ9 months ...... 55¤8 0 yearsÐ10 months ...... 0 yearsÐ11 months ...... 53¤4 1 yearÐ0 months ...... 1 yearÐ2 months ...... 57¤8 1 yearÐ3 months ...... 1 yearÐ5 months ...... 6 1 yearÐ6 months ...... 1 yearÐ8 months ...... 61¤8 1 yearÐ9 months ...... 2 yearsÐ1 months ...... 61¤4 2 yearsÐ2 months ...... 2 yearsÐ9 months ...... 63¤8 2 yearsÐ10 months ...... 4 yearsÐ0 months ...... 61¤2 4 yearsÐ1 month ...... 5 yearsÐ7 months ...... 65¤8 5 yearsÐ8 months ...... 8 yearsÐ1 month ...... 63¤4 8 yearsÐ2 months ...... 11 yearsÐ11 months ...... 67¤8 12 yearsÐ0 months ...... 16 yearsÐ0 months ...... 7 16 yearsÐ1 month ...... 27 yearsÐ1 month ...... 77¤8 27 yearsÐ2 months ...... 29 yearsÐ7 months ...... 7

TABLE 1.ÐINTEREST RATES FOR SPECIFIC MATURITIES

Used for June Indicated for July 1996 (percent) 1996 (percent) Changes

1 year ...... 55¤8 53¤4 +1¤8 5 years ...... 63¤8 65¤8 +1¤4 53258 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

TABLE 1.ÐINTEREST RATES FOR SPECIFIC MATURITIESÐContinued

Used for June Indicated for July 1996 (percent) 1996 (percent) Changes

15 years ...... 67¤8 7 +1¤8 20 years ...... 71¤8 71¤8 Unchanged

TABLE 2.ÐRANGE OF MATURITIES TO WHICH THE RATES FOR JULY 1996 APPLY

From To Rate

0 years±3 months ...... 0 years±4 months ...... 51¤4 0 years±5 months ...... 0 years±6 months ...... 53¤8 0 years±7 months ...... 0 years±8 months ...... 51¤2 0 years±9 months ...... 0 years±10 months ...... 55¤8 0 years±11 months ...... 1 year±1 month ...... 53¤4 1 year±2 months ...... 1 year±3 months ...... 57¤8 1 year±4 months ...... 1 year±6 months ...... 6 1 year±7 months ...... 1 year±10 months ...... 61¤8 1 year±11 months ...... 2 years±3 months ...... 61¤4 2 years±4 months ...... 3 years±2 months ...... 63¤8 3 years±3 months ...... 4 years±3 months ...... 61¤2 4 years±4 months ...... 5 years±8 months ...... 65¤8 5 years±9 months ...... 8 years±4 months ...... 63¤4 8 years±5 months ...... 12 years±7 months ...... 67¤8 12 years±8 months ...... 16 years±1 month ...... 7 16 years±2 months ...... 26 years±0 months ...... 71¤8 26 years±1 month ...... 29 years±8 months ...... 7 The rates shown for July are based on average market yields from May 21, 1996 through June 20, 1996.

AVERAGE LOAN MATURITY BY LOAN PROGRAM; LOAN PORTFOLIO BASIS [Quarter ended 06/30/96]

Total maturity Average maturity Average maturity Loan program Number of loans months months years

Business 7(A): Direct ...... 1,123 233,852 208 17.33 Immed Part ...... 35 7,603 217 18.08 Guaranty ...... 175,191 24,441,973 140 11.67

Total ...... 176,349 24,683,428 140 11.67 EOL: Direct ...... 1,404 211,096 150 12.50 Immed Part ...... 4 833 208 17.33 Guaranty ...... 379 56,968 150 12.50

Total ...... 1,787 268,897 150 12.50 Handicapped: Direct ...... 954 164,866 173 14.42 Immed Part ...... 38 7,526 198 16.50 Guaranty ...... 7 1,613 230 19.17

Total ...... 999 174,005 174 14.50 Veterans: Direct ...... 816 106,847 131 10.92 Immed Part ...... 2 480 240 20.00 Guaranty ...... 0 ...... 00

Total ...... 818 107,327 131 10.92 SBIC: Direct ...... 117 16,485 141 11.75 Immed Part ...... 0 ...... 00 Guaranty ...... 212 26,832 127 10.58

Total ...... 329 43,317 132 11.00 Displ Bus: Direct ...... 393 125,707 320 26.67 Immed Part ...... 39 11,513 295 24.58 Guaranty ...... 2 546 273 22.75

Total ...... 434 137.766 317 26.42 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53259

[FR Doc. 96–26061 Filed 10–9–96; 8:45 am] Agency for International Development, POLICIES AND PRACTICES FOR STORING, BILLING CODE 8023±01±M United States Information Agency and RETRIEVING, ACCESSING, RETAINING AND the U.S. Arms Control and Disarmament DISPOSING OF RECORDS IN THE SYSTEM: Agency; and other employees and STORAGE: DEPARTMENT OF STATE personal services contractors listed on Electronic media; hard copy. the Department’s payroll and/or Foreign [Public Notice 2450] Service retirement records who have RETRIEVABILITY: been the subject of court orders to Privacy Act of 1974; Creation of a New By individual name and Social garnish the employee’s wages or System of Records Security Number. retirement benefits. SAFEGUARDS: Notice is hereby given that the Department of State proposes to create AUTHORITY FOR MAINTENANCE OF THE SYSTEM: All employees of the Department of State have undergone background a new system of records, STATE–61, 5 U.S.C. 301 (Management of pursuant to the provisions of the investigations. Access to the Department Executive Agencies); 22 U.S.C. 2651a and its annexes is controlled by security Privacy Act of 1974, as amended (5 (Organization of the Department of U.S.C. 552a(r)), and Office of guards and admission is limited to those State); 22 U.S.C. 3921 (Management of individuals possessing a valid Management and Budget Circular No. service); 42 U.S.C. (Child support and A–130, Appendix I. The Department’s identification card or individuals under alimony garnishment); 5 U.S.C. 5520a proper escort. All records containing report was filed with the Office of (Commercial garnishment). Management and Budget on September personal information are maintained in secured file cabinets or in restricted 25, 1996. CATEGORIES OF RECORDS IN THE SYSTEM: This system of records is being areas, access to which is limited to created by the Department of State to Communications between the Office authorized personnel. Access to support its responsibilities with regard of the Legal Adviser and the Bureau of computerized files is password- to garnishments of certain employees’ Finance and Management Policy protected and under the direct wages, retirement benefits and other regarding the employee’s garnishment; supervision of the system manager. The payments under 42 U.S.C. 659 and 5 communications between the Office of system manager has the capability of U.S.C. 5520a. The information included the Legal Adviser and the employee printing audit trails of access from the in the system of records is directly who is the subject of the garnishment; computer media, thereby permitting related to garnishment actions. communications between the Office of regular and ad hoc monitoring of Any persons interested in the Legal Adviser and courts or agencies computer usage. regarding the employee’s garnishment commenting on this new system of RETENTION AND DISPOSAL: records may do so by submitting proceeding; communications between These records will be maintained comments in writing to Jacquelyn Lilly, the Office of the Legal Adviser and a until they become inactive, at which Acting Chief, Privacy, Plans, and party named in or affected by the time they will be retired or destroyed in Appeals Division, Office of Freedom of garnishment action; and court or agency accordance with published record Information, Privacy and Classification orders, summons and other documents schedules of the Department of State Review, Room 1239; Department of related to the garnishment action against and as approved by the National State, 2201 C Street, NW, Washington, the employee. Archives and Records Administration. DC 20520–1239. This system of records More specified information may be will be effective 40 days from the date ROUTINE USES OF RECORDS MAINTAINED IN THE obtained by writing to the Director, of publication, (November 19, 1996), SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES Office of Freedom of Information, unless the Department receives : Privacy, and Classification Review; comments which will result in a Information in the records system is Room 1239, Department of State; 2201 contrary determination. used by the Office of the Legal Adviser C Street, NW., Washington, DC 20520– The new system description, to provide advice and services to the 1239. ‘‘Garnishment of Wages Records, Bureau of Finance and Management STATE–61’’ will read as set forth below. Policy and other bureaus and offices in SYSTEM MANAGER AND ADDRESS: Dated: September 25, 1996. order to comply with court or agency Executive Director; Office of the Legal Ralph Frank, ordered garnishments. The principal Adviser; Room 5519A; Department of Acting Assistant Secretary for the Bureau of users of this information outside the State; 2201 C Street, NW; Washington, Administration. Department of State are: Federal, state DC 20520. and local courts; state and local tax STATE±61 collection and child enforcement NOTIFICATION PROCEDURE: offices; the Internal Revenue Service; Individuals who have reason to SYSTEM NAME: private collection agencies, law firms believe that the Office of the Legal Garnishment of Wages Records. and/or other individuals authorized to Adviser might have records pertaining SECURITY CLASSIFICATION: receive garnished wages or benefits by to them should write to the Director, court or agency order or otherwise Office of Freedom of Information, Unclassified and classified. involved in a garnishment proceeding. Privacy and Classification Review, SYSTEM LOCATION: The information may also be released to Room 1239, Department of State, 2201 Department of State, 2201 C Street, other federal, state and local C Street, NW, Washington, DC 20520– NW, Washington, DC 20520. government agencies having statutory or 1239. The individual must specify that other lawful authority to maintain such he/she wishes the Garnishment of CATEGORIES OF INDIVIDUALS COVERED BY THE information. Also see the ‘‘Routine Wages Records to be checked. At a SYSTEM: Uses’’ paragraph of the Prefatory minimum, the individual must include: Department of State employees Statement published in the Federal Name; date and place of birth; current (current and retired); employees of the Register. mailing address and zip code; bureau/ 53260 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices agency to which he/she is or was prepare an environmental impact Issued on: October 3, 1996. assigned and dates of assignment; statement (EIS) on a proposal to address Michael G. Ritchie, retirement system (if applicable); the existing and projected traffic needs Division Administrator, Salt Lake City, Utah. approximate date of when garnishment in the Interstate (I–15) corridor from 500 [FR Doc. 96–26018 Filed 10–9–96; 8:45 am] began; and signature. North in Salt Lake City to 200 North in BILLING CODE 4910±22±M RECORD ACCESS AND AMENDMENT PROCEDURES: Kaysville. The Wasatch Front Regional Council has identified a need for Individuals who wish to gain access improving the I–15 north corridor of National Highway Traffic Safety or amend records pertaining to them Administration should write to the Director, Office of Salt Lake City in previous studies. Freedom of Information, Privacy and These studies are the I–15 Corridor [Docket No. 74±14; Notice 102] Classification Review (address above). Study (1991) and the 2015 Salt Lake Area Long Range Transportation Plan RIN 2127±AD82 RECORD SOURCE CATEGORIES: Year (1995). Federal Motor Vehicle Safety These records contain information Alternatives that will be considered Standards; Occupant Crash obtained directly from: The individual based on these studies include (1) taking Protection; Review: Fatality Reduction who is the subject of these records; his/ no action (no-build); (2) highway by Air Bags; Evaluation Report her legal representative; federal, state or capacity improvements such as AGENCY: National Highway Traffic local courts or agencies; other parties additional through lanes, auxiliary named in or affected by the individual’s Safety Administration (NHTSA), lanes, and interchange modifications; garnishment proceedings; the Bureau of Department of Transportation. (3) transit improvements such as high Personnel; the Bureau of Finance and occupancy vehicle lanes, express bus ACTION: Request for comments on Management Policy and the Office of technical report. the Legal Adviser. service, commuter rail, and light rail; (4) travel demand management strategies SUMMARY: This notice announces the SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS which create options designed to publication by NHTSA of a Technical OF THE ACT: discourage the single occupant vehicle; Report concerning Safety Standard 208, Pursuant to 5 U.S.C. 552a(k)(2), (5) transportation system management Occupant Crash Protection. The report’s certain records contained within this strategies which improve the efficiency title is Fatality Reduction by Air Bags— system of records are exempted from 5 of the existing highway; (6) Analyses of Accident Data through U.S.C. 552a (c)(3), (d), (e)(1), e(4)(G), (H) combinations of any of the above; and Early 1996. It evaluates the front-seat and (I) and (f) in accordance with (7) other alternatives identified during occupant fatality rates of current Department of State rules published in the scoping process. passenger cars and light trucks the Federal Register. Letters describing the proposed action equipped with air bags, and compares [FR Doc. 96–25832 Filed 10–9–96; 8:45 am] and soliciting comments will be sent to them to the fatality rates of similar vehicles without air bags. BILLING CODE 4710±24±M appropriate Federal, State and local agencies, and to private organizations DATES: Comments must be received no and citizens who have previously later than January 8, 1997. DEPARTMENT OF TRANSPORTATION expressed or are known to have an ADDRESSES: Report: Interested people interest in the proposed project. Formal may obtain a copy of the report free of Federal Highway Administration public scoping meetings at two different charge by sending a self-addressed mailing label to Publications Ordering Environmental Impact Statement: Salt locations will be held in December, and Distribution Services (NAD–51), Lake County and Davis County, UT 1996. In addition, a public hearing will be held after the draft EIS has been National Highway Traffic Safety AGENCY: Federal Highway prepared. Public notice will be given of Administration, 400 Seventh Street, SW, Washington, DC 20590. Administration, (FHWA), UDOT. the time and place of the public scoping Comments: All comments should ACTION: Notice of intent. meetings and the public hearing. The refer to the docket and notice number of draft EIS will be available for public and SUMMARY: The FHWA is issuing this this notice and be submitted to: Docket notice to advise the public that an agency review and comment prior to the Section, Room 5109, Nassif Building, environmental impact statement will be public hearing. 400 Seventh Street, SW, Washington DC prepared for a proposed Interstate To ensure that a full range of issues 20590. [Docket hours, 9:30 a.m.–4:00 improvement project in Salt Lake related to the proposed action are p.m., Monday through Friday.] County and Davis County, Utah. addressed and all significant issues are FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: identified, comments and suggestions Charles J. Kahane, Chief, Evaluation Tom Allen, Project Development are invited from all interested parties. Division, Plans and Policy, National Engineer, Federal Highway Comments or questions concerning this Highway Traffic Safety Administration, Administration, 2520 West 4700 South, proposed action and the EIS should be Room 5208, 400 Seventh Street, SW, Suite 9A, Salt Lake City, Utah 84118, directed to the FHWA or UDOT at the Washington, DC 20590 (202–366–2560). Telephone: (801) 963–0182; or Larry addresses provided above. SUPPLEMENTARY INFORMATION: Safety Kirby, Project Manager, Utah (Catalog of Federal Domestic Assistance Standard 208 (49 CFR 571.208) requires Department of Transportation, Region Program Number 20.205, Highway Research, automatic occupant protection, such as Two, 2060 South 2400 West, Salt Lake Planning and Construction. The regulations air bags or automatic belts, to be phased City, Utah 84104, Telephone: (801) 975– implementing Executive Order 12372 into passenger cars (1987–90) and light 4826. regarding intergovernmental consultation of trucks (1995–98). As mandated by the SUPPLEMENTARY INFORMATION: The Federal programs and activities apply to this Intermodal Surface Transportation FHWA, in cooperation with the Utah program.) Efficiency Act of 1991, driver and Department of Transportation, will passenger air bags plus manual 3-point Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53261 belts will be required in all cars which the purportedly confidential milepost 26.1 at the New York/ manufactured on or after September 1, information has been deleted should be Connecticut State line in Fairfield 1997 and light trucks on or after submitted to the Docket Section. A County, CT, and milepost 72.83 in New September 1, 1998. request for confidentiality should be Haven, CT, a distance of 46.73 miles; Pursuant to Executive Order 12286, accompanied by a cover letter setting and (3) an exclusive freight service NHTSA is evaluating the occupant forth the information specified in the right, easement, and trackage rights to protection program to determine the agency’s confidential business haul sand and stone between Freemont, effectiveness, benefits, costs, information regulation. (49 CFR Part NY, and the New York/Connecticut performance characteristics and public 512). State line via: (a) the Conrail Freemont acceptance of automatic occupant All comments received before the Secondary Track, Oak Point Yard, and protection and the nationwide effort to close of business on the comment the Market Running Track increase belt use. Under the Executive closing date will be considered, and will (approximately 14.4 miles); (b) National Order, agencies review existing be available for examination in the Railroad Passenger Corporation’s regulations to determine if they are docket at the above address both before (Amtrak) main line-Shell (CP 216) achieving the Order’s policy goals. An and after that date. To the extent between milepost 18.9 and milepost evaluation plan was issued in 1990 (56 possible, comments filed after the 15.5 (approximately 3.4 miles); and (c) FR 1586). A June 1992 interim report closing date will also be considered. the line owned by the Metropolitan (57 FR 30293) showed that increased The NHTSA will continue to file Transportation Authority (MTA) use of manual belts, air bags, and relevant information as it becomes between milepost 26.1 at the New York/ automatic belts were all contributing to available in the docket after the closing Connecticut State line and milepost 16.3 a reduction of fatalities and injuries. date, and it is recommended that in New Rochelle, NY (approximately 9.8 The current report focuses on fatality interested people continue to examine miles). reduction by air bags. It is based on the docket for new material. P&W currently originates movements statistical analyses of accident data from People desiring to be notified upon of sand and stone at three aggregate the Fatal Accident Reporting System receipt of their comments in the rules quarries at Wallingford (Reeds Gap), (FARS) from 1986 through early 1996. docket should enclose a self-addressed, Wauregan, and Branford (Pine Orchard), The principal conclusion is that driver stamped postcard in the envelope with CT, and interchanges them with Conrail air bags save lives. The fatality their comments. Upon receiving the at New Haven for subsequent movement reduction benefit of air bags for all comments, the docket supervisor will to Freshpond Junction. The proposed drivers is an estimated 11 percent; this return the postcard by mail. transaction is designed to increase the percentage is essentially unchanged Authority: 49 U.S.C. 30111, 30168; efficiency of the movements by from previous analyses by NHTSA staff. delegation of authority at 49 CFR 1.50 and eliminating the interchange and thus New, positive findings are that driver air 501.8. permitting single carrier service. The bags save lives in light trucks and in William H. Walsh, only shipper affected, Tilcon small cars, that passenger air bags save Associate Administrator for Plans and Policy. Connecticut, Inc., supports the lives of right-front passengers age 13 or transaction, and CDOT, Amtrak, and [FR Doc. 96–26023 Filed 10–9–96; 8:45 am] older, and that driver air bags provide MTA consent to it. P&W and Conrail a significant supplemental life-saving BILLING CODE 4910±59±P anticipate consummation as soon as the benefit for the driver who buckles up (as notice of exemption is effective and well as saving lives of unbelted drivers). Surface Transportation Board 1 conditions to closing have been satisfied On the other hand, preliminary analyses or waived. They indicate that of limited accident data show a higher [STB Finance Docket No. 33132] arrangements were made to commence fatality risk for child passengers age 0– movements by October 6, 1996.2 12 in cars with current dual air bags Providence and Worcester Railroad If the notice contains false or than in cars without a passenger air bag. CompanyÐAcquisition and Operation misleading information, the exemption Also, current air bags may have ExemptionÐCertain Rights of is void ab initio. Petitions to revoke the diminished, or even negligible benefits Consolidated Rail Corporation exemption under 49 U.S.C. 10502(d) for drivers age 70 or older, and they do Providence and Worcester Railroad may be filed at any time. The filing of not have a statistically significant effect Company (P&W), a Class III rail carrier, a petition to revoke will not for drivers of any age group in oblique- has filed a verified notice of exemption automatically stay the transaction. frontal crashes. under 49 CFR 1150.41 to acquire from An original and 10 copies of all NHTSA welcomes public review of Consolidated Rail Corporation (Conrail): pleadings, referring to STB Finance the technical report and invites the (1) the right to haul sand and stone Docket No. 33132, must be filed with reviewers to submit comments about the between New Haven, CT, and Freemont, the Surface Transportation Board, Office data and the statistical methods used in NY, for interchange with the Long of the Secretary, Case Control Branch, the report. The agency is interested in Island Railroad at Freshpond Junction, 1201 Constitution Avenue, NW, learning of any additional data that in Queens, NY; (2) an exclusive freight Washington, DC 20423, and one copy could be used to expand or improve the service right, easement, and trackage must be served on: (1) James E. Howard, analyses, including information on rights to haul sand and stone over a line 90 Canal Street, Boston, MA 02114, and individual accident cases involving owned by the Connecticut Department (2) Heidi J. Eddins, Providence and vehicles equipped with air bags. of Transportation (CDOT) between If a commenter wishes to submit 2 By decision served September 27, 1996, the certain information under a claim of Chairman stayed the notice to enable P&W and 1 The ICC Termination Act of 1995, Pub. L. No. Conrail to submit supplemental information in confidentiality, three copies of the 104–88, 109 Stat. 803, which was enacted on support of this proposal to transfer the authority complete submission, including December 29, 1995 and took effect on January 1, and obligation to transport individual commodities. purportedly confidential business 1996, abolished the Interstate Commerce Upon consideration of the parties’ supplemental information, should be submitted to the Commission and transferred certain functions to the submissions, the Board lifted the stay by decision Surface Transportation Board (Board). This notice served and effective on October 3, 1996. Thus, Chief Counsel, NHTSA, at the street relates to functions that are subject to Board movements could commence on or after October 3, address given above, and 7 copies from jurisdiction pursuant to 49 U.S.C. 10902. 1996. 53262 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

Worcester Railroad Company, 75 Estimated Number of Respondents: 1700 G Street, NW. From 9:00 A.M. to Hammond Street, Worcester, MA 01610. 485. 5:00 P.M. on business days; they may be Decided: October 4, 1996. Estimated Time Per Respondent: 30 sent by facsimile transmission to FAX By the Board, David M. Konschnik, minutes. Number (202) 906–7755. Comments Director, Office of Proceedings. Estimated Total Annual Burden over 25 pages in length should be sent Vernon A. Williams, Hours: 243. to FAX Number (202) 906–6956. Secretary. Request for Comments: Comments Comments will be available for submitted in response to this notice will [FR Doc. 96–26074 Filed 10–9–96; 8:45 am] inspection at 1700 G Street, NW., from be summarized and/or included in the 9:00 A.M. until 4:00 P.M. on business BILLING CODE 4915±00±P request for OMB approval. All days. comments will become a matter of Request for additional information public record. Comments are invited on: should be directed to Trudy Reeves, DEPARTMENT OF THE TREASURY (a) Whether the collection of Financial Reporting Division, Office of Bureau of the Public Debt information is necessary for the proper Thrift Supervision, 1700 G Street, NW., performance of the functions of the Washington, DC 20552, (202) 906–7317. Proposed Collection: Comment agency, including whether the Additional information is also available Request information shall have practical utility; by requesting Document Number 25008 (b) the accuracy of the agency’s estimate on OTS’s Publifax line at (202) 906– ACTION: Notice and request for of the burden of the collection of 5660. comments. information; (c) ways to enhance the FOR FURTHER INFORMATION CONTACT: quality, utility, and clarity of the SUMMARY: The Department of the Trudy Reeves, Financial Reporting information to be collected; (d) the cost Treasury, as part of its continuing effort Division, Office of Thrift Supervision, burden of the collection of information; to reduce paperwork and respondent 1700 G Street, NW., Washington, DC and (e) ways to minimize the burden of burden, invites the general public and 20552, (202) 906–7317. the collection of information on other Federal agencies to take this respondents, including through the use SUPPLEMENTARY INFORMATION: opportunity to comment on proposed of automated collection techniques or Title: Thrift Financial Report. and/or continuing information other forms of information technology. OMB Number: 1550–0023. collections, as required by the Form Numbers: OTS 1313, OTS 1568. Paperwork Reduction Act of 1995, Dated: October 3, 1996. Public Law 104–13 (44 U.S.C. Vicki S. Thorpe, Abstract: The information collections described herein will apply to all 3506(c)(2)(A). Currently the Bureau of Manager, Forms Management Branch. the Public Debt within the Department savings associations. The collections are [FR Doc. 96–26049 Filed 10–9–96; 8:45 am] necessary to monitor and supervise the of the Treasury is soliciting comments BILLING CODE 4810±39±M concerning the Resolution Authorizing thrift industry. (1) Disposition of Securities Held by Current Actions: After reviewing its Organization, and (2) Execution and Office of Thrift Supervision current supervisory and examination Delivery of Bonds of Indemnity. needs, the OTS is proposing to make certain changes to the Thrift Financial DATES: Written comment should be Proposed Agency Information Report (TFR) effective with the March received on or before December 9, 1996, Collection Activities 31, 1997, report. All of the changes are to be assured of consideration. AGENCY: Office of Thrift Supervision, necessary to monitor and supervise the ADDRESSES: Direct all written comments Treasury. savings industry, conform to accounting to Bureau of the Public Debt, Vicki S. ACTION: Notice and request for pronouncements, promote consistency Thorpe, 200 Third Street, Parkersburg, comments. with the other banking agencies, and to WV 26106–1328. facilitate the assessment of deposit FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of the insurance premiums by the FDIC. A Requests for additional information or Treasury, as part of its continuing effort brief description of the proposed copies of the form and instructions to reduce paperwork and respondent changes follows: should be directed to Vicki S. Thorpe, burden, invites the general public and • In order to provide consistent Bureau of the Public Debt, 200 Third other Federal agencies to take this reporting of assets within the TFR and Street, Parkersburg, WV 26106–1328, opportunity to comment on proposed to report assets on a more consistent (304) 480–6553. and/or continuing information basis with the other Banking Agencies, SUPPLEMENTARY INFORMATION: collections, as required by the the OTS proposes to require that all Paperwork Reduction Act of 1995. Resolution Authorizing (1) assets be reported net of specific Currently, the Office of Thrift Disposition of Securities Held by valuation allowances, unearned income, Supervision within the Department of Organization, and (2) Execution and and loans-in-process in all schedules of the Treasury is soliciting comments Delivery of Bonds of Indemnity. the TFR. This change would have the concerning the Thrift Financial Report. OMB Number: 1535–0052. greatest affect on Schedule SC. Form Number: PD F 1011. DATES: Written comments should be • Because only general valuation Abstract: The information is received on or before December 9, 1996 allowances would be reported on requested to establish the authority of to be assured of consideration. Schedule SC, the OTS proposes to an organization to dispose of registered ADDRESSES: Send comments to Manager, expand the reconciliation of valuation United States Securities and/or execute Dissemination Branch, Records allowances on Schedule VA to provide bonds of indemnity. Management and Information Policy, a column for general valuation Current Actions: None. Office of Thrift Supervision, 1700 G allowances (including ALLL), a column Type of Review: Extension. Street, NW, Washington, DC 20552, for specific valuation allowances and a Affected Public: Business or other for- Attention 1550–0023. These total column that would be computer profit/not-for-profit institutions. submissions may be hand delivered to generated. The breakdown of specific Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53263 valuation allowances would be by the other insurance fund (known as By the Office of Thrift Supervision, eliminated. Oakar institutions). One data item in Nadine Y. Washington, • Because loans in process would no Schedule SI would be replaced with Corporate Secretary. longer be reported on Schedule SC, the three new items, eliminating the need [FR Doc. 96–26035 Filed 10–9–96; 8:45 am] OTS proposes to add outstanding for completion of the annual growth BILLING CODE 6720±01±M balances of loans-in-process for adjustment worksheet. construction loans, other mortgage Type of Review: Revision. [AC±45; OTS No. 0600] loans, and nonmortgage loans to Affected Public: Business or For Schedule CC. Profit. • Due to the supervisory concern over The Market Building and Savings the increase in delinquencies of Estimated Number of Respondents Company, Mt. Healthy, Ohio; Approval consumer loans, the OTS proposes to and Recordkeepers: 1383. of Conversion Application add data regarding consumer loan Estimated Time Per Respondent: 34.25 hours average. Notice is hereby given that on delinquencies in Schedule PD. This September 26, 1996, the Director, Estimated Total Annual Burden would provide comparability between Corporate Activities, Office of Thrift Hours: 203,301 hours. schedules SC, VA, and PD and facilitate Supervision, or her designee, acting the calculation of ratios for monitoring Request for Comments: Comments pursuant to delegated authority, purposes. submitted in response to this notice will approved the application of the Market • Because there is a supervisory be summarized and/or included in the Building and Savings Company, Mt. concern over the increase in amounts request for OMB approval. All Healthy, Ohio, to convert to the stock reported in ‘‘Other’’ categories in the comments will become a matter of form of organization. Copies of the TFR, the OTS proposes to require that public record. Comments are invited on: application are available for inspection the amounts of the three largest items (a) Whether the collection of at the Dissemination Branch, Office of comprising the amount an association information is necessary for the proper Thrift Supervision, 1700 G Street, N.W., reports in Other Assets, Other performance of the functions of the Washington, D.C. 20552, and the Central Liabilities, Other Noninterest Income, agency, including whether the Regional Office, Office of Thrift and Other Noninterest Expense be information shall have practical utility; Supervision, 200 West Madison Street, identified through selection of codes (b) the accuracy of the agency’s estimate Suite 1300, Chicago, Illinois 60606. provided from a list in the TFR of the burden of the collection of instructions. Correspondingly, the OTS information; (c) ways to enhance the Dated: October 4, 1996. proposes to delete three line items from quality; and (d) ways to minimize the By the Office of Thrift Supervision, the Other Asset category and three line burden of the collection of information Nadine Y. Washington, items from the Other Liabilities on respondents, including the use of Corporate Secretary. category. automated collection techniques or [FR Doc. 96–26034 Filed 10–9–96; 8:45 am] • In order to provide consistent other forms of information technology. BILLING CODE 6720±01±M presentation with the other banking Dated: October 2, 1996. agencies and to conform to generally accepted accounting principles (GAAP), Catherine C.M. Teti, UNITED STATES INFORMATION the OTS proposes to require the Director, Records Management and AGENCY consolidation of subsidiary depository Information Policy. [FR Doc. 96–26017 Filed 10–9–96; 8:45 am] institutions where required by GAAP. Proposed collection; Comment request Data items would be added to Schedule BILLING CODE 6720±01±P SQ identifying any savings associations AGENCY: United States Information or commercial banks that have been Agency. consolidated. [AC±46; OTS No. 03990] ACTION: Proposed Collection; Comment • The OTS proposes to modify the Request. data collected in Schedule SC on loan Citizens Federal Savings and Loan servicing to conform to SFAS 125, Association of Delphos, Delphos, SUMMARY: The United States Information which takes effect January 1, 1997. This Ohio; Approval of Conversion Agency, as part of its continuing effort data would be consistent with that Application to reduce paperwork and respondent collected by the other banking agencies. burden, invites the general public and • To facilitate the calculation of the Notice is hereby given that on other Federal agencies to comment on deposit insurance assessment base, the September 30, 1996, the Director, an information collection requirement FDIC has requested that the OTS add Corporate Activities, Office of Thrift concerning the public use form entitled two items in Schedule SI to collect data Supervision, or her designee, acting ‘‘Certificate of Eligibility for Exchange on the netting of items against demand pursuant to delegated authority, Visitor Status (J–1 Visa)’’. This request and time and savings deposit accounts. approved the application of Citizens for comment is being made pursuant to • Reciprocal demand accounts would Federal Savings and Loan Association of the Paperwork Reduction Act of 1995 be reported net in Schedule SC to Delphos, Delphos, Ohio, to convert to [Public Law 104–13; 44 U.S.C. conform with GAAP, and to conform the stock form of organization. Copies of 3506(c)(2)(A)]. with the 1997 proposed changes of the the application are available for The information collection activity other banking agencies, resulting in the inspection at the Dissemination Branch, involved with this program is elimination of one line item in Schedule Office of Thrift Supervision, 1700 G conducted pursuant to the mandate SI. Street, N.W., Washington, D.C. 20552, given to the United States Information • On July 3, 1996, the FDIC proposed and the Central Regional Office, Office Agency under the terms and conditions to amend certain provisions of its of Thrift Supervision, 200 West of the Mutual Educational and Cultural assessment regulations that pertain to Madison Street, Suite 1300, Chicago, Exchange Act of 1961, Title 22 Code of institutions that belong to one insurance Illinois 60606. Federal Regulations (CFR), Section 514, fund but hold deposits that are insured Dated: October 4, 1996. Exchange Visitor Program, Final Rule; 53264 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices and Title 8, Section 101(a)(15) of the expiration date and requesting approval guidelines outlined in the Solicitation Immigration and Nationality Act. of revisions made to the IAP–66. Package. The U.S. Information Agency DATES: Comments are due on or before Title: ‘‘Certificate of Eligibility for projects, programs and assistance December 9, 1996. Exchange Visitor Status’’, (J–1 Visa). awards are subject to the availability of Form Number: IAP–66. funds and sufficient number of COPIES: Copies of the Request for Abstract: This information collection participant nominations. Clearance (OMB 83–I), supporting is used by Exchange Visitor sponsors to Announcement Title and Number: All statement, and other documents that appropriately identify an individual communications with USIA concerning will be submitted to OMB for approval seeking to enter the U.S. as an exchange this announcement should refer to the may be obtained from the USIA visitor. The completed form is sent to above title and reference number E/VP– Clearance Officer. Comments should be the prospective exchange visitor abroad, 97–1. submitted to the Office of Information who takes it to the U.S. Consulate To Download a Solicitation Package and Regulatory Affairs of OMB, (Embassy) to secure an exchange visitor Via Internet: Information about USIA’s Attention: Desk Officer for USIA, and (J–1) visa. IV Program is available via Internet at also to the USIA Clearance Officer. Proposed Frequency of Responses: website: http://www.usia.gov/ FOR FURTHER INFORMATION CONTACT: No. of Respondents—200,000; education/ivp/usintiv.htm. The entire Agency Clearance Officer, Ms. Jeannette Recordkeeping Hours—.15; Total Solicitation Package may be Giovetti, United States Information Annual Burden—50,000. downloaded from USIA’s website at Agency, M/ADD, 301 Fourth Street, Dated: October 7, 1996. http://www.usia.gov/ or from the S.W., Washington, D.C. 20547, Rose Royal, Internet Gopher at gopher:// telephone (202) 619–4408; and OMB Federal Register Liaison. gopher.usia.gov. Under the heading review: Ms. Victoria Wassmer, Office of [FR Doc. 96–26081 Filed 10–9–96; 8:45 am] ‘‘International Exchanges/Training,’’ select ‘‘Request for Proposals (RFPs).’’ Information and Regulatory Affairs, BILLING CODE 8230±01±M Office of Management and Budget, New Potential applicants should read ‘‘About Executive Office Building, Docket the Following RFPs’’ before Library, Room 10202, NEOB, Multi-Regional Projects for downloading. Washington, D.C. 20503, Telephone International Visitors; Notice; Request Deadline for Proposals: All copies (202) 395–3176. for Proposals must be received at the U.S. Information Agency by 5 p.m. Washington, D.C., SUPPLEMENTARY INFORMATION: Public Summary: The Office of International time on the due date indicated for reporting burden for this collection of Visitors (IV) of the United States submission of proposals for each project information (Paper Work Reduction Information Agency’s (USIA) Bureau of described below. Faxed documents will Project: OMB No. 3116–0008) is Educational and Cultural Affairs not be accepted, nor will documents estimated to average 15 minutes per announces an open competition for postmarked on the proposal due date response, including the time for assistance awards. Public and private but received at a later date. It is the reviewing instructions, searching non-profit organizations meeting the responsibility of each applicant to existing data sources, gathering and provisions described in IRS regulation ensure that proposals are received by maintaining the data needed, and 26 CFR 1.501(c)(3)–1 may apply to the due date which has been established completing and reviewing the collection develop projects for Multi-Regional for each available project, as follows: of information. Comments are requested Groups of International Visitors on the proposed information collection traveling in the United States for Grassroots Democracy in the U.S. concerning (a) whether the proposed periods of 24 to 30 days. Groups will be Federal System collection of information is necessary comprised of from 12 to 30 American Proposal Due Date: January 7, 1997. for the proper performance of the Embassy contacts in the fields of Project Dates: 04/03/97–04/24/97. agency, including whether the government, politics, economics, Contacts: Susan Lockwood, Gail information has practical utility; (b) the journalism and the media, social Curtis. accuracy of the Agency’s burden processes, and business. The democratic system of government estimates; (c) ways to enhance the Overall grant making authority for is predicated on an informed and quality, utility, and clarity of the this program is contained in the Mutual involved citizenry which interacts with information collected and (d) ways to Educational and Cultural Exchange Act elected officials who in turn are minimize the burden of the collection of of 1961, Public Law 87–256, as responsive to the views and interests information on the respondents, amended, also known as the Fulbright- represented throughout society. The aim including the use of automated Hays Act. The purpose of the Act is ‘‘to of this project is to demonstrate that collection techniques or other forms of enable the Government of the United citizen participation in the political information technology. Send comments States to increase mutual understanding process is a means of harnessing the regarding this burden estimate or any between the people of the United States power of constructive criticism to effect other aspect of this collection of and to the people of other countries change and to ensure checks on information to the United States *** ; to strengthen the ties which government. The project will Information Agency, M/ADD, 301 unite us with other nations by incorporate an examination of the Fourth Street, S.W., Washington, D.C. demonstrating the educational and decentralized structure of the U.S. 20547; and to the Office of Information cultural interests, developments, and government, the interrelationships and Regulatory Affairs, Office of achievements of the people of the among the national, state, and local Management and Budget, New United States and other nations * ** levels, and how citizens communicate Executive Office Building, Docket and thus to assist in the development of with each level. The visitors—civic and Library, Room 10202, NEOB, friendly, sympathetic and peaceful community leaders, political party Washington, D.C. 20503. relations between the United States and leaders, government officials, educators Current Actions: This information the other countries of the world.’’ and journalists—will observe firsthand collection will be submitted to OMB for Programs and projects must conform how grassroots organizations allow the purpose of renewal, extending the with Agency requirements and citizens to contribute to the debate on Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53265 critical issues ranging from foreign the 1996 election on the makeup of the Contacts: Susan Lockwood, Gail policy initiatives to local community legislative branch of the U.S. Curtis. efforts. The various processes essential government, and to examine the extent Small business has often been referred to successful advocacy efforts, such as to which newly elected members of to as the engine of economic expansion fund-raising, coalition building, Congress, and the loss of many retired and job creation. The ‘‘entrepreneurial lobbying elected officials, publicity veterans in both houses, will affect the spirit’’ has been a driving force in the campaigns and volunteer recruitment direction the U.S. takes in both its prior success of the U.S. economy and will be thoroughly explored during foreign and domestic policies. Through is being looked to as the best hope for community visits around the country. this examination, visitors will learn reviving economic vitality in regions Case studies in direct citizen legislative about the complexity of the system, its and industries that have been hard hit efforts will be based on initiative or strengths and weaknesses, its checks in recent years. This project, designed referendum questions decided in the and balances, and the forces that drive for private business persons, recent elections. it for better or for worse. The project is government officials, academics and Drug Abuse Prevention and Education designed for politicians, academics, journalists with an interest in the Programs government officials, journalists, and American free market system, will Proposal Due Date: January 7, 1997. labor leaders who have a background or provide both a theoretical and practical Project Dates: 04/10/97–05/01/97. special interest in American politics. overview of entrepreneurship in the Contact: Azza Zaki. The Globalization of Business and United States. Visitors will study the Drug abuse has proven to be an Markets factors which affect and stimulate intractable problem in the entire world. Proposal Due Date: February 4, 1997. private enterprise including prevailing A whole new generation is now Project Dates: 05/01/97–05/22/97. U.S. economic conditions, current showing signs of falling into the habits Contacts: Paul Kreutzer, Colleen Administration policy, the influence of of their elders regarding use, both Fowler. labor, and the impact of immigration, recreational and hard-core, of illicit International trade and worldwide expanding global markets, increasing substances. This project, designed for instantaneous communications have liberalization of trade, and public/ drug rehabilitation professionals and created a world in which much of local private cooperation. Techniques educators directly involved in halting economic and financial enterprise is employed to keep the U.S. competitive drug abuse, will provide an overview of inextricably linked to conditions and in a global economy, including the U.S. response to drug abuse by influences which prevail in many far- government programs on both the surveying education strategies and flung parts of the world. This project federal and state levels to foster and discussing treatment and interdiction will examine the evolving impact of this incubate small business enterprises, will methods. Emphasis will be placed on globalization on various levels of be featured. Visits to one-stop centers programs successfully developed to business, markets and communities. for government permits and licenses help schools and communities eliminate Meetings with large and small will showcase the efforts local the use of alcohol and drugs by young businesses and finance companies will authorities are making to streamline and people. Strategies will be discussed for allow visitors to review the breadth of untangle the excessive paperwork assessing drug and alcohol problems as economic globalization, from which frequently confronts the well as for long-term ways of alleviating instantaneous worldwide capital flows independent business person. Through them. The role which the media can for business to global sourcing of visits with American entrepreneurs in play in discouraging young people from common consumer goods in markets. variously economically-endowed embracing a drug-influenced lifestyle by Global or regional multilateral regions of the country, visitors will gain conveying the hazards of substance institutions will lend their perspectives an understanding of the opportunies abuse and by deglamorizing the drug on the integration of developing and challenges they face. culture will be explored. Visitors will countries into both global and regional International Security and U.S. Defense visit schools, local community trade and finance flows. Visits with Policies local community leaders will review organizations and treatment centers as Proposal Due Date: February 4, 1997. well as federal and local law public-private responses to the Project Dates: 05/15/97–06/05/97. enforcement representatives, and will be challenges of globalization, including Contacts: Janet Beard, Azza Zaki. encouraged to share perspectives gained community efforts to attract foreign With the post-Cold War period well through efforts in their own countries to investment to support economic underway, U.S. defense and strategic stamp out the use of debilitating drugs. diversification, retain workers, and policies are moving beyond the The Role of Congress in the U.S. sustain a high quality of life in a post- traditional security concerns which Political System industrial economy. Experts will dominated the era of superpower address critical questions about the competition. Forces re-alignment, Proposal Due Date: January 7, 1997. potentially negative effects of Project Dates: 04/24/97–05/15/97 counter-proliferation, domestic and Contacts: Janet Beard, Azza Zaki. globalization, such as corporate international economic security, Of all American national institutions, downsizing, worker displacement, peacekeeping and humanitarian the Congress presents perhaps the prime divergence of education and income missions now form major components example of representative democracy at classes, and rise of anti-trade sentiment. of U.S. security and defense policies. work, affording as it does day-to-day This project is designed for This project will examine American evidence of the efficacy of this form of international business leaders; finance, defense and international security government as it engages in making trade, and development officials; decision-making from the perspective of legislation and appropriating money. community and labor leaders; and government officials and resources and This project will provide visitors with a academics and journalists concerned will incorporate the views of interested good understanding of the American with business issues. foreign policy advocacy organizations. political process and the role of Entrepreneurship in the U.S. The project will review the long-term Congress in that process. It will provide Propsal Due Date: February 4, 1997. interests, threat analyses, and force an opportunity to assess the impact of Project Dates: 05/08/97–05/29/97. structure considerations which motivate 53266 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

U.S. security policies, and study the documenting information published as sustainable development issues, decision-making process with officials fact for the American public. With the transnational disputes over resources and analysts of international security increasing complexity of financial and and pollution, and the role of affairs. Visitors will study U.S. defense political transactions, reporters are international science and policy resources and capabilities, as well as the challenged to document paper trails, symposia in achieving cooperative interaction of defense and foreign policy check and recheck obscure information, solutions. The expected visitors will be institutions at the Executive and and even to question the fallibility of decision-makers in government, Congressional level. Leading analysts authoritative sources. This project will industry, environmental organizations, and critics of U.S. policy will present provide reporters, journalists, and academia, and the media. their views on current international and editors with an overview of the current The U.S. Financial System regional security questions, including trends in American investigative multilateral peacekeeping, the role of reporting regarding ethics and legal Proposal Due Date: March 4, 1997. NGOs, and examples of recent crisis concerns, confidentiality of sources, Project Dates: 06/26/97–07/23/97. management. This project is designed censorship, methodologies for acquiring Contacts: Paul Kreutzer, Colleen for mid-level defense and security and confirming statistics, freedom of Fowler. government officials, military officials information procedures and privacy The U.S. financial system is becoming and analysts, and scholars concerned concerns. Efforts to protect investigative ever more intertwined with the global with security, strategic, and foreign journalists whose personal safety is marketplace as it continues to policy issues. endangered by their efforts to expose experience growth in its financial corruption and malfeasance will be market activity in which investors seek Independent Judiciary reviewed. The role which computer- the riskier, higher yield capital markets. Proposal Due Date: February 4, 1997. assisted journalism can serve in Consequently, the U.S. financial market Project Dates: 05/29/97–06/19/97. advancing investigative reporting will serves as both a model and a funding Contact: Colleen Fowler. also be discussed. The project will source for emerging markets. Visitors in An independent judiciary is one of include attendance at the annual this project will study the U.S. financial the preeminent requirements for a meeting of Investigative Reporters and system in its global and domestic flourishing democracy, providing as it Editors to be held in Phoenix, Arizona, context and will look at transferable does protection against arbitrary action June 12–15. experiences in market development. by authorities and a credible avenue for The program will present both U.S. and redress of grievances and enforcement International Environmental Issues multilateral perspectives and policies of contracts. This project is intended for Proposal Due Date: March 4, 1997. and will discuss project finance, members of the judiciary or their staffs Project Dates: 06/19/97–07/10/97. structural adjustment mechanisms, who would benefit from enhanced Contact: Azza Zaki. privatization, and provisions to assist understanding of the American judicial Environmental concerns have come to and reform developing country markets. and legal systems as well as community play an increasingly important role in The group will visit regional finance leaders, law professors, constitutional all aspects of U.S. foreign policy centers across the country for scholars, and justice ministry officials. making, including defense and security discussions of lending practices and In meetings with sitting judges and policies as well as trade negotiations. other developments in financial other authorities, visitors will discuss This project will demonstrate that the products. A principal goal of the project the principles underlying American United States recognizes the is to provide visitors with practical jurisprudence such as federalism and tremendous impact environmental information on confidence-building the separation of powers, problems have on quality of life for measures they can implement aimed at constitutionalism, guarantees of due people around the world dealing with attracting foreign capital and investment process, and the Bill of Rights. Visitors the transborder challenges presented by for the advancement of economic will observe courtroom proceedings and global climate change, pollution, development objectives in their home meet with prosecutors, public overpopulation, deforestation, and countries. The project is designed for defenders, and court administrators. competition for dwindling resources. finance and trade ministry officials, International rule of law and human Appreciation of the role that private entrepreneurs, investment rights questions will be addressed by preservation of the global environment analysts, bankers, Chamber of informed experts. Visitors will discuss plays in maintaining national security Commerce officials, scholars, and with legal, political, and academic and well-being has led both the State journalists concerned with finance, specialists the variety of means utilized and Defense Departments to create business, public policy and economics. in this country for the selection of special offices focusing on the need for International Crime Issues judges at the federal, state, and local sensitivity to environmental questions levels. Current issues in legal reform, in conducting foreign relations. In this Proposal Due Date: April 1, 1997. the administration of justice, and court project, which will feature Project Dates: 07/10/97–07/31/97. management will be identified. environmental problems and solutions Contacts: Janet Beard, Azza Zaki. that are international in scope, visitors Mounting concerns about Investigative Reporting in the U.S. will look at the unilateral, bilateral, and international terrorism and drug Proposal Due Date: March 4, 1997. multilateral efforts in which the United trafficking on U.S. soil have made Project Dates: 06/05/97–06/26/97. States has been involved and discuss American citizens and law enforcement Contacts: Margery Benson, Gail the various levels of success these officials aware of the need to increase Curtis. approaches have had. It will include a international cooperative efforts to As public officials and businesses rely serious examination of the political and counter these threats to civil society. increasingly on public relations economic implications of environmental This program will examine the structure professionals to aid in the packaging of policies and behaviors. Visitors will also of the U.S. criminal justice system and news and opinion conveyed to and by discuss environmental regulations, how its principles are applied to the media, journalists have become cooperative efforts among businesses, international crime issues. It will increasingly sophisticated in governments, and environmentalists, present the Constitutional and historic Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53267 basis for the structures, functions, U.S. Trade Policies facilitate communication as well as limitations and obligations of the Proposal Due Date: April 1, 1997. sales. Debates such as those over the system. U.S. efforts—unilaterally, Project Dates: 07/31/97–08/21/97. conflict between the free flow of bilaterally, and multi-laterally—to Contacts: Susan Lockwood, Gail information and a need to control combat international crime will be Curtis. undesirable information will be examined by looking at new ideas and With the initial stages of the World highlighted. Implications of national procedures currently being considered Trade Organization underway, the interest in and attempts to regulate an and developed to address specific United States, along with its world increasingly borderless information flow international crime problems. Critical trading partners, is now looking to will be examined by experts and issues such as those raised by maintain the hard-won gains toward advocates on both sides of the issue. extradition and extraterritoriality in the establishing an international system of This project is intended for technology pursuit and prosecution of international free trade. Additionally, regional trade industry businesspeople, managers, criminals will be addressed. Through organizations, as represented in the engineers, regulators, educators, team split programming, visitors will be Western Hemisphere by the North academic and journalist observers of able to pursue subjects of more American Free Trade Agreement technology and culture, as well as individualized interest ranging from [NAFTA], have presented a further entrepreneurs active in developing terrorism or narcotics interdiction, to consideration to both business and labor information resources. money laundering or pirating of in their relationship to the international Building Democracy In Diverse intellectual property. This project is marketplace. Intended for trade, Communities intended for government officials, law commerce, and business professionals, enforcement officials and Proposal Due Date: May 7, 1997. this project will explore the U.S. Project Dates: 08/14/97–09/04/97. criminologists, prosecuting and private experience and policies in the post- attorneys, academicians, journalists, and Contacts: Janet Beard, Gail Curtis. GATT era and address key issues related As an increasingly multi-ethnic and other professionals who deal with to free trade such as non-tariff barriers, international crime. even multi-lingual society, the United agricultural subsidies, environmental States faces challenges in absorbing Civic Journalism: Informing the Public regulations, regional trade pacts, and the newly-arrived immigrant communities Debate in a Democracy prospects for expanding cooperative as well as in ameliorating relationships trade arrangements in a free trade and Proposal Due Date: April 1, 1997. between groups where deep-rooted investment climate. The program will bitterness still exists. Intended for civic Project Dates: 07/24/97–08/14/97. provide opportunities to meet with key and community leaders, local Contacts: Janet Beard, Colleen Fowler. policy makers in U.S. government government officials, social workers, Civic journalism, the involvement of economic and trade sectors, and to educators, sociologists, cultural news outlets in the reporting of news in survey the existing climate in the U.S. historians, and journalists with a the name of civic improvement, is a for international trade and investment substantive interest in the government concept that has been in use for less in the private commercial and financial and culture of the U.S., this project will than a decade, but that is garnering a sectors. Visitors will explore the gamut emphasize the strengths which cultural great deal of support and attention of U.S. perspectives on trade from diversity brings to American society and across the country. As newsrooms ardent protectionists to free traders by its government. By illustrating the broad become more involved in not only meeting with labor, business, industry, range of opinions and viewpoints held reporting the news but actually shaping academic, banking, federal and local by Americans and how these are it—by gathering citizen focus groups to government representatives. distilled through the democratic ask what they want to read, by The Global Information Highway process, the program will provide a sponsoring town meetings to address greater understanding of the democratic local concerns, or by soliciting public Proposal Due Date: May 7, 1997. form of government in the U.S. and how comments from the voters as well as the Project Dates: 08/07/97–08/28/97. it fosters common values across candidates—the hope is that citizens Contacts: Paul Kreutzer, Colleen ethnically and racially diverse will become better informed and more Fowler. communities. Examples of programs interested as well as involved in politics The last decade of the 20th century which strive to foster understanding and and community affairs. Visitors will talk will likely be remembered as the era of improved relations between the races with the Pew Center for Civic global linkage through information and ethnic groups which comprise the Journalism to explore their role in technology. This project will introduce fabric of U.S. society will be sponsoring this work. They will also visitors to that technology, including the highlighted. By visiting cities and small meet with the newspaper editorial corporate players who created it, the towns located in diverse economic staffs, radio and television managers, government players wanting to regulate regions of the country, visitors will also and community activists who have led it, and the consumers who are making meet with a wide variety of grassroots this initiative and the citizens who have increasing use of the evolving Internet, organizations to observe the extensive been its beneficiaries. Analysis of the telecommunications, and information range of ways in which American impact of civic journalism on ‘‘getting superhighway. The project will review citizens can become involved in the out the vote’’ and in countering negative the activities of major contributors to political process and advocate their campaigning in the previous year’s the information revolution, including particular cause or viewpoint. election will be provided. This project software companies, will provide journalists and editors, telecommunications conglomerates and Radio Broadcasting in the U.S. civic educators, community leaders, and entrepreneurs, entertainment Proposal Due Date: June 3, 1997. government officials with an companies, and consumer and public Project Dates: 09/11/97–10/08/97. introduction to civic journalism and interest groups. Issues studied will Contacts: Margery Benson, Azza Zaki. with ideas they can implement at home include uses of the information highway While frequently overshadowed by its to foster an informed public debate on by educational institutions to promote visual sister medium, radio broadcasting civic issues. access to learning and by businesses to continues to play a pivotal role in 53268 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices providing information and philosophical ideals and national appear on the ‘‘Contacts’’ line for each entertainment to its American audience interests are reconciled in policy of the above projects. Interested and has received renewed interest to the formulation. Special attention will be applicants should read the complete extent that ‘‘talk radio’’ has assumed an given to the role of the media in Federal Register announcement before elevated position in American political establishing the foreign policy agenda sending inquiries or submitting discourse. This project, designed for and informing the debate. Case studies proposals. Once the RFP deadline has mid-level radio producers, based on the U.S. reaction to current passed, Agency staff may not discuss programmers, editors, writers, trouble spots around the world will this competition in any way with announcers and administrative provide visitors with insight as to how applicants until the Bureau proposal personnel, will address the principles of policy evolves. This project is designed review process has been completed. responsible and independent journalism for government officials, politicians, Submissions: Applicants must follow while providing an opportunity to academics and journalists interested in all instructions given in the Solicitation upgrade technological knowledge and strengthening their understanding of the Package. The original and 15 copies of journalistic skills. It will consist of visits decision-making process in U.S. foreign the application should be sent to: U.S. to a wide variety of radio stations policy. Information Agency, Ref.: E/VP–97–1, representing the spectrum of outlets in Office of Grants Management, E/XE, 301 International Conflict Resolution and the U.S., including commercial, public, 4th Street, SW., Room 336, Washington, Preventive Diplomacy religious, national, and local stations. DC 20547. Applicants must also submit Visitors will hear discussions of Proposal Due Date: June 3, 1997. the ‘‘Executive Summary’’ and broadcasting regulations and journalism Project Dates: 09/25/97–10/16/97. ‘‘Proposal Narrative’’ sections of the ethics, observe programming, news Contacts: Paul Kreutzer, Gail Curtis. proposals on a 3.5-inch diskette. This gathering, interviewing and production In the post-Cold War era, material must be provided in ASCII text techniques, and learn about the impact international security concerns have (DOS) format with a maximum line of technology on radio broadcasting in revolved less around large scale length of 65 characters. USIA will the U.S. Additional topics for superpower encounters and increasingly transmit proposals recommended for discussion will include programming around ways to resolve often intractable funding electronically to USIS posts and production of news, radio stations regional conflicts and ethnic wars. This overseas in order that they may share as a business, fundraising for non-profit project will familiarize visitors with the the information with prospective project stations, current affairs and features activities of U.S. governmental, multi- participants. lateral, and non-governmental programs, sports coverage, radio talk Diversity Guidelines shows, cultural and music programs, organizations active in preventive religious programs, public service and diplomacy and conflict resolution at the Pursuant to the Bureau’s authorizing community outreach, and programs for international level. Through case legislation, programs must maintain a children. The project is timed to studies in preventive diplomacy, non-political character and should be coincide with the National Association visitors will examine the role of U.S., balanced and representative of the of Broadcasters’ annual ‘‘Radio Show’’ U.N., and third-party attempts to settle diversity of American political, social, in New Orleans, Louisiana, September differences before violent crises erupt. and cultural life ‘‘Diversity’’ should be 17–20. Multi-track diplomacy, mediation, and interpreted in the broadest sense and post-conflict rebuilding and conciliation encompass differences including, but Decision-Making in U.S. Foreign Policy issues will be covered in meetings with not limited to, ethnicity, race, gender, Proposal Due Date: June 3, 1997 organizations involved in both the religion, geographic location, socio- Project Dates: 09/18/97–10/09/97. theory and practice of conflict economic status, and physical Contacts: Susan Lockwood, Azza resolution. Visitors will learn about challenges. Applicants are strongly Zaki. diplomatic, military, and humanitarian encouraged to adhere to the The way in which the U.S. arrives at U.S. resources. Academic meetings will advancement of this principle both in decisions with respect to its relations describe conflict prevention and program administration and in program with other nations of the world is resolution curricula and training content. Please refer to the review complex and difficult to comprehend workshops. This project is designed for criteria under the ‘‘Support of from distant shores. Even within the conflict resolution and peace studies Diversity’’ section for specific nation, the process is perceived by some practitioners and analysts, diplomats, suggestions on incorporating diversity to be mercurial at best and subject to military and defense officials as well as into the total proposal. frequent reversals. With the U.S. scholars, researchers, and journalists emerging from the Cold War as the sole concerned with international affairs. SUPPLEMENTARY INFORMATION: remaining superpower, the process of To Receive a Solicitation Package by Overview: Programs must maintain a foreign policy formulation has, if Mail, Contact: The Office of non-partisan character. Programs and anything, become more complex as the International Visitors, Group Projects awards must conform to all Agency nation wrestles with the implications of Division (E/VP), Room 255, U.S. requirements and guidelines and are its world leadership. This project will Information Agency, 301 4th Street, subject to final review by the USIA expose visitors to the vigorous and open SW., Washington, DC 20547, telephone contracting officer. public debate which forms the basis for 202/205–3058, fax 202/205–0792. The Guidelines: USIA seeks separate decision-making in the U.S. foreign Solicitation Package contains more proposals from non-profit organizations policy process, and will provide them detailed award criteria, required for development and implementation of the opportunity to meet with foreign application forms, project concept professional programs for USIA- policy practitioners and with citizens papers, and guidelines for preparing sponsored International Visitors to the nationwide attempting to influence the proposals, including specific criteria for U.S. who will participate in eighteen process. Foreign affairs professionals preparation of the proposal and budget. Multi-Regional Group Projects (MRPs). will gain an awareness of the On all inquiries and correspondence, A separate proposal is required for each multiplicity of factors which influence please specify the names of the USIA project. Each project is focussed on a and mold U.S. foreign policy and how Program Officer/Specialist as they substantive theme. Participants in the Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53269 projects will be foreign leaders or Organizations are required to submit deemed ineligible if they do not fully potential leaders selected by U.S. a comprehensive line-item budget in adhere to the guidelines stated herein embassy committees abroad. Each group accordance with the instructions in the and in the Solicitation Package. Eligible will typically consist of from 12 to 30 Solicitation Package. Cost items must be proposals will be forwarded to panels of foreign visitors in addition to the two to clearly categorized as administrative USIA officers for advisory review. All three American escort officers, selected costs, group project costs, or program eligible proposals will be reviewed by by USIA, who accompany them. Subject costs. Applicants must use the budget the program office, as well as USIA’s to approval by USIA, applicants may format presented in the ‘‘1997 Geographic Area Offices. Proposals may propose substitution for one of these Guidelines for Proposals Submitted to be reviewed by the Office of the General escort officers by a representative of the the USIA Office of International Visitor Counsel or by other Agency elements. applicant, provided the representative Group Projects Division’’ for all budget Funding decisions are at the discretion agrees to assume all responsibilities of submissions. There must be a summary of the USIA Associate Director for the escort officer. Projects will be 24 to budget as well as a breakdown showing Education and Cultural Affairs. Final 30 days in length. Many programs begin detail for the administrative budget, technical authority for assistance in Washington, D.C., with an orientation group project budget and program awards (grants or cooperative and overview of the issues and a central budget. Proposed staffing and costs agreements) resides with the USIA examination of federal policies associated with staffing must be Office of Contracts. appropriate to fulfillment of all project regarding these issues. Openings in Review Criteria cities other than Washington, D.C., may requirements, which will include close be proposed for substantive reasons. If consultation with the responsible USIA Technically eligible applications will Washington, D.C., is not the opening staff officer throughout development be competitively reviewed according to site, it should be included on the and implementation of the program. the criteria stated below. These criteria itinerary. Well-paced project itineraries Program costs proposed may not exceed are not rank ordered: often include programs in four or five the guideline amounts. Combined 1. Qualify of program idea: Proposals communities, including the opening administrative and indirect costs should exhibit originality, substance, site. Project itineraries should include proposed should be controlled and are precision, and relevance to Agency urban and rural small communities in subject to negotiation. Cost sharing is mission, and be responsive to all goals distinctive geographical and cultural encouraged and, if applicable, must be and requirements stated in the RFP, regions of the U.S. The programs should shown in your budget presentation. The project concept papers and the ‘‘1997 provide numerous opportunities for Agency anticipates that awards to cover Guidelines for Proposals Submitted to project participants to experience the administrative and indirect costs (where the United States Information Agency diversity of American society and applicable) will be less than $20,400. Office of International Visitors Group culture. At appropriate points in the Organizations that have received a Projects Division.’’ project, the visitors should be divided renewal assistance award from the 2. Program planning: The proposed into smaller sub-groups for Agency for the Office of International program and work plan should include simultaneous visits to different Visitors must submit a budget showing a planning and implementation time- communities, with subsequent all administrative costs associated with line, describe any preliminary planning opportunities to share their experiences the project for which application is undertaken, and demonstrate logistical made. Any award to such an with the full group once it is reunited. capability to implement the program as organization pursuant to this There should be numerous described. announcement may be adjusted to 3. Ability to achieve project objectives: opportunities for the visitors to share a reflect the status of the renewal award. Objectives should be well designed, meal or similar experience in the home Renewal award recipients must identify reasonable, feasible, and flexible. of Americans of diverse occupational, individuals or organizations to whom Proposals should clearly demonstrate age, gender, and ethnic groups (‘‘home/ they have already paid honoraria in how the institution will meet the family hospitality’’). Some projects FY1997 if they propose to pay an project’s objectives. should include at least one opportunity additional honorarium for any project 4. Multiplier effect/impact: Proposed for an overnight stay in an American included in this announcement. projects should strengthen long-term home (‘‘homestay’’). The visitors should The Agency welcomes proposals from mutual understanding, including be provided opportunities to address organizations that have not received maximum sharing of information and student, civic and professional groups USIA grants or assistance awards in the establishment of long-term institutional in relaxed and informal settings. past. Agency requirements stipulate that and individual linkages. ‘‘Shadowing’’ experiences with ‘‘Grants awarded to eligible 5. Support of diversity: Proposals American professional colleagues may organizations with less than four years should demonstrate substantive support be proposed. Visitors should have of experience in conducting of the Bureau’s policy on diversity. numerous opportunities for site visits international exchange programs will be Achievable and relevant features should and hands-on experiences that are limited to $60,000.’’ It is not expected be cited in both program administration relevant to project themes. Proposals that any of the projects in this (program venue and project evaluation) should also allow time for visitors to announcement will cost $60,000 or less. and program content (orientation and reflect on their experiences, share It is therefore incumbent on wrap-up sessions, program meetings, observations with project colleagues and organizations to demonstrate four years resource materials and follow-up visit cultural and touristic sites. In cities of successful experience in conducting activities). where such councils exist, arrangements international exchange programs to be 6. Institutional capacity: Proposed for community visits must be made eligible for an assistance award. personnel and institutional resources through the national network of should be adequate and appropriate to affiliates of the National Council for Review Process achieve effective implementation and International Visitors [NCIV]. USIA will acknowledge receipt of all fulfillment of the project’s goals. Program participants will travel on J– proposals and will review them for 7. Institution’s record/ability: 1 visas arranged by USIA. technical eligibility. Proposals will be Proposals should demonstrate an 53270 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices institutional record of successful and Uzbekistan. Diminished resources RFP deadline has passed, the Office of exchange programs, including have forced USIA to limit the scope of Citizen Exchanges, Russia/Eurasia responsible fiscal management and full this announcement; regrettably, Division may not discuss this compliance with all reporting proposals for other NIS countries will competition in any way with applicants requirements for past Federal assistance not be considered. Grant awards are until after the Bureau proposal review awards, if any. The Agency will subject to availability of funds. process has been completed. consider the past performance of prior Overall grant making authority for SUBMISSIONS: Applicants must follow USIA award recipients and the this program is contained in the Mutual instructions given in the Solicitation demonstrated potential of new Educational and Cultural Exchange Act Package and send an original and ten applicants. All applicants must of 1961, Public Law 87–256, as copies of completed applications to: demonstrate a minimum of four years of amended, also known as the Fulbright- U.S. Information Agency, Ref.: E/PN– successful experience in conducting Hays Act. The purpose of the Act is ‘‘to 97–10, Office of Grants Management, E/ international exchange programs. enable the Government of the United XE, Room 336, 301 4th Street, S.W., 8. Cost-effectiveness: The States to increase mutual understanding Washington, D.C. 20547. administrative and indirect cost between the people of the United States components of the proposal, including and the people of other countries . . .; Diversity Guidelines salaries, should be kept as low as to strengthen the ties which unite us Pursuant to the Bureau’s authorizing possible and should not exceed the with other nations by demonstrating the legislation, programs must maintain a amount stated above. educational and cultural interests, non-political character and should be 9. Cost-sharing: Consideration will be developments, and achievements of the balanced and representative of the given to proposed cost-sharing through people of the United States and other diversity of American political, social, other private sector support as well as nations . . . . and thus to assist in the and cultural life. ‘‘Diversity’’ should be institutional contributions. development of friendly, sympathetic interpreted in the broadest sense and and peaceful relations between the Notice encompass differences including, but United States and the other countries of not limited to ethnicity, race, gender, The terms and conditions published the world.’’ The funding authority for religion, geographic location, socio- in this RFP are binding and may not be the program cited above is provided economic status, and physical modified by any USIA representative. through the Fulbright-Hays Act and the challenges. Applicants are strongly Explanatory information provided by Freedom Support Act. encouraged to adhere to the the Agency that contradicts published Programs and projects must conform advancement of this principle both in language will not be binding. Issuance with Agency requirements and program administration and in program of the RFP does not constitute an award guidelines outlined in the Solicitation content. Please refer to the review commitment on the part of the Package. USIA projects and programs criteria under the ‘‘Support for Government. The Agency reserves the are subject to the availability of funds. Diversity’’ section for specific right to reduce, revise, or increase ANNOUNCEMENT TITLE AND NUMBER: All suggestions on incorporating diversity budgets in accordance with the needs of communications with USIA concerning into the total proposal. the program and the availability of this announcement should refer to the funds. Awards made will be subject to above title and reference number E/PN– Content of Proposals periodic reporting and evaluation 97–10. Overview: USIA is interested in requirements. DEADLINE FOR PROPOSALS: All copies proposals that encourage the growth of Notification must be received at the U.S. Information democratic institutions in Russia, Agency by 5 p.m. Washington, D.C. time Final awards cannot be made until Ukraine, and Uzbekistan. Exchange and on Monday, December 2, 1996. Faxed funds have been appropriated by training programs supported by documents will not be accepted, nor Congress, allocated and committed institutional grants should operate at will documents postmarked December through internal USIA procedures. two levels: they should enhance 2, 1996 but received at a later date. It is institutional relationships; and they Dated: October 1, 1996. the responsibility of each applicant to should offer practical and comparative Dell Pendergrast, ensure that proposals are received by information to individuals to assist Deputy Associate Director for Educational the above deadline. them with their professional and Cultural Affairs. FOR FURTHER INFORMATION CONTACT: responsibilities. Strong proposals [FR Doc. 96–25682 Filed 10–9–96; 8:45 am] Office of Citizen Exchanges, Russia usually have the following BILLING CODE 8230±01±M Eurasia Division, E/PN, Room 220, U.S. characteristics: an existing partner Information Agency, 301 4th Street, relationship between an American S.W., Washington, D.C. 20547, tel: 202– organization and a host-country Exchanges and Training Program With 260–6230, fax: 202–619–4350, to request institution; proven track record of Russia, Ukraine and Uzbekistan a Solicitation Package, which includes: conducting program activity; cost- ACTION: Notice—Request for Proposals. proposal and budget guidelines and all sharing from American or in-country application forms. Please specify USIA sources, including donations of air fares, SUMMARY: The Office of Citizen Program Coordinator Cassandra Barber hotel and housing costs; experienced Exchanges, Russia/Eurasia Division, of on all inquiries and correspondence. staff with language facility; and a clear, the United States Information Agency’s Ms. Barber may also be reached at the convincing plan showing how Bureau of Education and Cultural following e-mail address: permanent results will be accomplished Affairs, announces a competitive [email protected]. Interested applicants as a result of the activity funded by the institutional grants program. Public or should read the complete Federal grant. USIA wants to see tangible forms private non-profit organizations meeting Register announcement before making of time and money contributed to the the provisions described in 26 CFR inquiries to the Office of Citizen project by the prospective grantee 1.501(c)(3) may apply to develop Exchanges, Russia/Eurasia Division, or institution, as well as funding from training programs for Russia, Ukraine, submitting their proposals. Once the third party sources. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53271

Unless otherwise specified below, Russian court system; (2) expose learn about the workings of the other’s project activity may include: Russian legal experts and others political institutions and convey the internships; study tours; short-term associated with IPR issues (such as views of members on both sides on training; consultations; and extended, officials of state copyright agencies) to issues of mutual concern. Russians intensive workshops taking place in the the practical side of enforcement of and Ukrainians will be programmed United States or in Russia, Ukraine, or IPR in the United States; (3) establish separately (i.e., no mixed groups). The Uzbekistan. Proposals should reflect the specialized training for judges who length of each exchange would be authors’ understanding of the political, will try IPR cases; (4) contain a public approximately two weeks. The economic, and social environment in education dimension effort to reach organization selected to administer which the program activity will take Russians who will have to deal with the program would be responsible for place. IPR issues professionally. Proposals all logistics in the United States for We encourage applicants to design submitted to USIA should take care to visiting groups (travel arrangements, programs for non-English speakers. complement, not duplicate, projects accommodations, interpreters, local Programs can take place in the United funded in this subject area by other transportation), as well as States or in Russia, Ukraine or U.S. Government agencies and appointments and meetings with local Uzbekistan. We want single country international institutions. media, business, academic and media programs, not programs that mix —US-based Internships for Russian representatives. The organization Russian, Ukrainian, and Uzbek Journalists and Media Managers. would also be responsible for participants. USIA is interested in USIA is interested in proposals for facilitating the outbound travel of US proposals whose designs take into journalistic training and management congressional staff delegations to account the need for ongoing sharing of for Russian regional media Ukraine and Russia. organizations (Moscow and St. information and training beyond the Selection of Participants period of USIA grant support. Examples Petersburg are excluded). Journalistic include: ‘‘train the trainers’’ models; training in basic skills and concepts (1) US Congressional Staff. The support for training centers in Russia, could include: effective writing, program will be announced in the Ukraine or Uzbekistan; plans to create investigative reporting, objectivity, Congressional Record. Staffers should professional networks or professional the clear labeling of editorials and have a demonstrable interest in Russian associations to share information. opinion pieces, intellectual property or Ukraine, but they need not be issues and ethics. Media management working in the field of foreign affairs. A Note: While this competition may fund training (both print and electronic) review committee will be convened by American universities to work with USIA to select the participants, which counterpart universities or institutions in should focus on management of Russia, Ukraine, or Uzbekistan, it is not media as a business: management in subsequent years of the program intended to be a university linkage program. techniques, desk top publishing, would include alumni of the exchange. Such programs are funded by USIA’s Office advertising, marketing, distribution, Participants must be willing to host a of Academic Programs (E/A). Proposals personnel, public relations, and the group of staffers from Russia or Ukraine whose purpose is to exchange faculty or financial benefits and pitfalls of for two weeks, assist in arranging otherwise support direct academic links journalistic advocacy. USIS Moscow meetings and facilitating a visit to the should be submitted under E/A’s RFP for the will coordinate selection of journalists home district of a member. College and University Affiliations Programs (2) Duma and Rada Staff Members. (CUAP). with the grantee organization. Preference will be given to long-term Participants must be current staff USIA will give priority to proposals internships for English speakers. The members of the State Duma or Rada. that respond to the following specific US program should be a practical, USIS offices in Moscow and Kyiv will topics for Russia, Ukraine, and hands-on experience in an American work with the Duma and Rada to select Uzbekistan. While proposals for other media organization, not an academic participants. programs will be considered, reduced course of study. program budgets will limit funding For Ukraine opportunities. For Russia and Ukraine —Constitutional Project. Ukraine —Staff Exchange between the United recently enacted a new constitution. For Russia States Congress and the Russian USIA is particularly interested in USIA is interested in proposals for Parliament (Duma) and Federal proposals to support the new training programs for Russians in Assembly and the Ukrainian Constitutional Court in Ukraine, specific areas: Parliament (Rada).USIA is interested which was created under the new —Implementation of Intellectual in proposals from American constitution. Priority will be given to Property Rights. Although Russia has organizations to provide proposals that establish a dialogue enacted legislation committing itself organizational support in Washington, with policy makers, government to meeting the TRIP amendment DC for an annual exchange of officials, and educators on the standards of the World Trade congressional and parliamentary staff meaning of a constitutional form of Organization, the practical steps to between the US and Russia and government and its practical implement and enforce its new between the US and Ukraine, based ramifications for governing at national criminal statutes have yet to be on the Congress-Bundestag model and local levels. USIA encourages realized. Judges, law enforcement developed by Germany and the US. proposals for organizations to develop officials, lawyers, procurators and the The program would provide an specific materials in Ukrainian and Russian business community are annual opportunity for two conduct in-country seminars in uninformed and to a certain extent congressional staff delegation visits to partnership with Ukrainian uninterested in the implications of the Russia and Ukraine and one institutions to promote public new laws. USIA is interested in delegation visit each for Russian and understanding of the new constitution proposals that: (1) assist the Russian Ukraine. Each delegation would and its implications for Ukrainian legal community to examine how an number 5-10 staff members who society. These efforts would be IPR case would be handled within the would have a chance to observe and closely coordinated with the U.S. 53272 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices

mission in Kyiv which has made this considered ineligible if they do not fully 4. Support of Diversity a top priority. adhere to the guidelines stated herein Proposals should demonstrate the and in the Proposal Submission For Uzbekistan recipient’s commitment to promoting Instructions. Eligible proposals will be the awareness and understanding of —Exchanges and Training for Working forwarded to panels of USIA officers for diversity throughout the program. Journalists. Priority consideration will advisory review. All eligible proposals go to proposals for working will also be reviewed by USIA’s Office 5. Project Evaluation journalists, particularly those of East European and NIS Affairs and USIA is results-oriented. Proposals covering economic issues. Acquisition USIA posts in Moscow, Kyiv, and must include a plan and methodology to of news gathering and reporting skills Tashkent. Proposals may also be evaluate the activity’s success, both as should be emphasized, along with reviewed by the Office of the General the activities unfold and at the end of other important skills such as Counsel or by other Agency elements. the program. USIA recommends that the effective writing, investigative Funding decisions are at the discretion proposal include a draft survey reporting, objectivity, the clear of the Associate Director, Educational questionnaire and/or plan for use of labeling editorials and opinion pieces, and Cultural Affairs, USIA. Final another measurement technique (such intellectual property issues and technical authority for grant awards as a focus group) to link outcomes to ethics. US-based practical internships resides with the USIA grants officer. original project objectives. Award- for journalists with a working Review Criteria receiving organizations/institutions will knowledge of English are encouraged. be expected to submit intermediate Technically eligible applications will reports after each project component is Selection of Participants be competitively reviewed according to concluded or quarterly, whichever is Proposals should describe clearly the the criteria stated below. These criteria less frequent. type of persons who will participate in are not rank ordered. the program as well as the process by Notice which participants will be selected. We 1. Program Planning and Ability To The terms and conditions published recommend that programs with Achieve Objectives in this RFP are binding and may not be internships in the US include letters of Program objectives should be stated modified by any USIA representative. commitment from host institutions, clearly and precisely and should reflect Explanatory information provided by even if tentative. In the selection of the applicant’s expertise in the subject the Agency that contradicts published foreign participants, USIA and USIS area and the region. Objectives should language will not be binding. Issuance posts abroad retain the right to nominate respond to the priority topics in this of the RFP does not constitute an award all participants and to accept or deny announcement and should relate to the commitment on the part of the participants recommended by grantee current conditions in each of the Government. The Agency reserves the institutions. However, grantee countries. They should be reasonable right to reduce, revise, or increase institutions are often asked by USIA to and attainable. A detailed work plan proposal budgets in accordance with the suggest names of potential participants. should explain step by step how needs of the program and the Priority will be given to foreign objectives will be achieved, including a availability of funding. Final awards participants who have not previously timetable for completion of major tasks. cannot be made until funds have been traveled to the United States. The substance of seminars, presentations, consulting, internships, appropriated by Congress, allocated and Visa Regulations and itineraries should be spelled out in committed through internal USIA Foreign participants on programs detail. Responsibilities of in-country procedures. sponsored by the Office of Citizen partners should be clearly described. Notification Exchanges are granted J–1 Exchange 2. Institutional Capability Awards made will be subject to Visitor visas by the American Embassy periodic reporting and evaluation in the sending country. Proposed personnel and institutional resources should be adequate and requirements. Proposal Budget appropriate to achieve the project’s Dated: October 4, 1996. Please refer to the Budget Guidelines goals. The narrative should demonstrate Dell Pendergrast, in the Program Submission Instructions proven ability to handle logistics. Deputy Associate Director for Educational for complete information. Proposal should reflect the institution’s and Cultural Affairs. Applicants must submit a detailed expertise in the subject area and [FR Doc. 96–26082 Filed 10–9–96; 8:45 am] line item budget based on the specific knowledge of the conditions pertaining BILLING CODE 8230±01±M instructions in the Program and Budget to it in Russia, Ukraine or Uzbekistan. Guidelines sections of the Instructions. 3. Cost Effectiveness Proposals for less than $80,000 will Overhead and administrative costs for DEPARTMENT OF VETERANS receive preference. Programs with AFFAIRS strong cost-sharing will be given the proposal, including salaries, priority. honoraria, and subcontracts for services, Veterans' Advisory Committee on Grants awarded to eligible should be kept low. While this Rehabilitation, Notice of Charter organizations with less than four years announcement does not proscribe a Renewal of experience in conducting rigid ratio of administrative to program international exchange programs will be costs, in general, priority will be given This gives notice under the Federal limited to $60,000. to proposals whose administrative costs Advisory Committee Act (Public Law are less than twenty-five (25) per cent of 92–463) of October 6, 1972, that the Review Process the total requested from USIA. Veterans’ Advisory Committee on USIA will acknowledge receipt of all Proposals should show cost-sharing, Rehabilitation has been renewed for a 2- proposals and will review them for both contributions from the applicant year period beginning September 30, technical eligibility. Proposals will be and from other sources. 1996, through September 30, 1998. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Notices 53273

Dated: October 1, 1996. By direction of the Secretary. Eugene A. Brickhouse, Committee Management Officer. [FR Doc. 96–26025 Filed 10–9–96; 8:45 am] BILLING CODE 8320±01±M federal register October 10,1996 Thursday Proposed Rule Program (HOPE3);StreamliningRule; Homeownership ofSingleFamilyHomes 24 CFRPart572 Development Housing andUrban Department of Part II 53275 53276 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules

DEPARTMENT OF HOUSING AND changes to those regulations, where Other Matters prior notice and comment was not URBAN DEVELOPMENT Regulatory Flexibility Act required. The Secretary, in accordance with the 24 CFR Part 572 This proposed rule will make Regulatory Flexibility Act (5 U.S.C. additional streamlining changes, [Docket No. FR±3857±P±03] 605(b)), has reviewed and approved this primarily to the provisions relating to proposed rule, and in so doing certifies Office of the Assistant Secretary for competitions for HOPE 3 funding. that this rule will not have a significant Community Planning and Currently, HUD does not have economic impact on a substantial Development; Homeownership of significant amounts of unobligated number of small entities. This rule Single Family Homes Program (HOPE HOPE 3 funds and does not anticipate merely recognizes administrative 3); Streamlining Rule additional funds will be appropriated changes in HUD’s structure and for the HOPE 3 program, and the current RIN 2506±AB71 streamlines regulations by removing regulations on applications for funding unnecessary provisions. The rule will AGENCY: Office of the Assistant include outdated references and are have no adverse or disproportionate Secretary for Community Planning and unnecessarily lengthy and prescriptive. economic impact on small businesses. Development, HUD. By this proposed rule, HUD is ACTION: Proposed rule. preserving those regulations only to the Environmental Impact extent necessary to ensure HUD’s ability SUMMARY: This proposed rule is being This rulemaking does not have an to run future competitions in the event issued soon after a final rule that environmental impact. This rulemaking funds become available to make awards streamlines HUD’s regulations for the simply amends existing regulations by under the program. HOPE for Homeownership of Single consolidating and streamlining Family Homes Program (HOPE 3) Thus, this rule would remove most of provisions and does not alter the Program. This rule proposes further those provisions containing environmental effect of the regulations amendments to the regulations that requirements relating to competitive being amended. Findings of No comply with the President’s regulatory distributions of HOPE 3 funds. In Significant Impact with respect to the reform initiatives by eliminating making these distributions, HUD is environment were made in accordance remaining provisions that are required to comply with section 102 of with HUD regulations in 24 CFR part 50 unnecessarily expansive, in light of the Department of Housing and Urban that implement section 102(2)(C) of the existing statutory requirements, but for Development Reform Act (HUD Reform National Environmental Policy Act of which notice-and-comment rulemaking Act) (42 U.S.C. 3545). The requirements 1969 (42 U.S.C. 4332) at the time of is required. of section 102 are binding, whether development of regulations DATES: Comment due date: December 9, HUD maintains implementing implementing the HOPE 3 program. 1996. provisions in regulatory text in the Code Those findings remain applicable to this of Federal Regulations (CFR) or in rule, and are available for public FOR FURTHER INFORMATION CONTACT: separate published notices announcing inspection between 7:30 a.m. and 5:30 Gordon McKay, Director, Office of competitions for funding. p.m. weekdays in the Office of the Rules Affordable Housing Programs, Room Docket Clerk, Office of General Counsel, 7168, Department of Housing and Urban HUD also notes that, because of recent Room 10276, Department of Housing Development, 451 7th Street, SW, statutory amendments, direct and Urban Development, 451 Seventh Washington, DC 20410, telephone homeownership assistance is now a Street, SW, Washington, DC. number (202) 708–2685 (this is not a permanent eligible activity under both toll-free number). For hearing- and the HOME Investment Partnerships and Executive Order 12612, Federalism Community Development Block Grant speech-impaired persons, this number The General Counsel, as the programs. As a result, families that may be accessed via TTY (text Designated Official under section 6(a) of might have been assisted by the HOPE telephone) by calling the Federal Executive Order 12612, Federalism, has 3 program may be eligible for Information Relay Service at 1–800– determined that this rule will not have homeownership assistance through the 877–8339. substantial direct effects on States or HOME or CDBG programs, instead. This SUPPLEMENTARY INFORMATION: On March their political subdivisions, or the availability of other assistance makes 4, 1995, President Clinton issued a relationship between the Federal future HOPE 3 appropriations and memorandum to all Federal Government and the States, or on the competitions less likely. departments and agencies regarding distribution of power and regulatory reinvention. In response to This proposed rule would also responsibilities among the various this memorandum, the Department of remove lengthy provisions explaining levels of government. No programmatic Housing and Urban Development the Cash and Management Information or policy changes will result from this conducted a page-by-page review of its System that is used to disburse HOPE 3 rule that would affect the relationship regulations to determine which can be grant funds (see § 572.230). The between the Federal Government and eliminated, consolidated, or otherwise information that would be removed is State and local governments. improved. HUD determined that the contained in other guidance material regulations for the HOPE for and does not need to be codified. Executive Order 12606, The Family Homeownership of Single Family Additional changes to the part 572 The General Counsel, as the Homes Program (42 U.S.C. 12891– regulations may be made later, as Designated Official under Executive 12898a) (HOPE 3) Program could be conforming amendments in rules that Order 12606, The Family, has improved and streamlined. On streamline other HUD regulations. For determined that this rule will not have September 16, 1996 (61 FR 48796), HUD example, at the final rule stage, a the potential for significant impact on published in the Federal Register a final proposed rule published on April 5, family formation, maintenance, or rule that completed a previous 1996 (61 FR 15340), may affect general well-being, and thus is not rulemaking process on the HOPE 3 § 572.410, Environmental Procedures subject to review under the Order. No regulations and made streamlining and Standards. significant change in existing HUD Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53277 policies or programs, as those policies § 572.135 Use of proceeds from sales to United States Treasury account is and programs relate to family concerns, eligible families, resale proceeds, and conditioned upon the submission of will result from promulgation of this program income. satisfactory information about the rule. * * * * * program and compliance with other (d) Program income. Any program procedures specified by HUD in HUD’s The Catalog of Federal Domestic income, as defined in § 572.5, received Assistance number for this program is forms and issuances concerning the C/ 14.240. by the recipient may be added to the MI System. funds committed to the grant agreement List of Subjects in 24 CFR Part 572 7. Section 572.300 is revised to read by HUD and the recipient, in as follows: Condominiums, Cooperatives, Fair accordance with the requirements of housing, Government property, Grant parts 84 and 85, as applicable, of this § 572.300 Notices of funding availability programs—housing and community title. (NOFAs); grant applications. development, Low and moderate 5. Section 572.210 is amended as When funds are made available for income housing, Nonprofit follows: planning grants or implementation a. Paragraph (a) is revised; organizations, Reporting and b. Paragraphs (b), (c) and (d) are grants under this part, HUD will publish recordkeeping requirements. removed; a NOFA in the Federal Register, in Accordingly, for the reasons set out in c. Paragraphs (f) and (g) are accordance with the requirements of the preamble, part 572 of title 24 of the redesignated as paragraphs (b) and (c), part 12 of this title, and will select Code of Federal Regulations is proposed respectively; and applications for funding on a to be amended as follows. d. A new sentence is added at the end competitive basis as provided in the of paragraph (b), as redesignated, to read applicable NOFA. PART 572ÐHOPE FOR as follows: §§ 572.305, 572.310, and 572.320 HOMEOWNERSHIP OF SINGLE [Removed] FAMILY HOMES PROGRAM (HOPE 3) § 572.210 Implementation grants. (a) General authority. Any 8. Sections 572.305, 572.310, and 1. The authority citation for part 572 implementation grants for the purpose 572.320 are removed. continues to read as follows: of carrying out homeownership 9. Section 572.420 is amended by Authority: 42 U.S.C. 3535(d) and 12891. programs approved under this part will revising the second sentence of be awarded using a selection process paragraph (a)(1), to read as follows: 2. Section 572.5 is amended by and selection criteria to be published in revising the definition of Program a NOFA. § 572.420 Miscellaneous requirements. income, to read as follows: (b) * * * A previously approved grant (a) * * * § 572.5 Definitions. amount may not be amended to increase (1) * * * Part 84 of this title (Grants the grant amount. * * * * * and Agreements with Institutions of Program income means income * * * * * Higher Education, Hospitals, and Other 6. Section 572.230 is revised to read earned from the program as described in Nonprofit Organizations) and OMB as follows: parts 84 and 85, as applicable, of this Circular Nos. A–122 (Cost Principles title, except that program income does § 572.230 Cash and Management Applicable to Grants, Contract and not include proceeds from the sale and Information (C/MI) System. Other Agreements with Nonprofit resale of properties. Such sale and resale Disbursement of HOPE 3 grant funds Institutions) and, as applicable, A–21 proceeds, and interest earned by the is managed through HUD’s Cash and (Cost Principles for Educational recipient or its designee on those Management Information (C/MI) System Institutions) apply to the acceptance proceeds, are governed by § 572.135 (a) for the HOPE 3 program. Funds that and use of assistance under this part by through (c). may be disbursed through the C/MI covered organizations, except where inconsistent with the provisions of * * * * * System include funds awarded to the recipient and obligated through the Federal statutes or this part. * * * § 572.100 [Amended] grant approval letter issued by HUD. * * * * * 3. Section 572.100 is amended by HOPE 3 funds are drawn down by the Dated: September 3, 1996. removing the second sentence of recipient or its authorized designee from Andrew Cuomo, paragraph (a)(2). a United States Treasury account for the Assistant Secretary for Community Planning 4. Section 572.135 is amended by program, using the Treasury Automatic and Development. revising paragraph (d), to read as Clearinghouse (ACH) System. Any [FR Doc. 96–25829 Filed 10–9–96; 8:45 am] follows: drawdown of HOPE 3 funds from the BILLING CODE 4210±29±P federal register October 10,1996 Thursday Rule Address CorrectionInformation;Proposed 39 CFRPart111 Postal Service Part III 53279 53280 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules

POSTAL SERVICE will be the same for all classes of mail. endorsement ‘‘Change Service Treatment for each class of mail and Requested’’ will receive the treatment 39 CFR Part 111 applicable charges will remain currently accorded to a piece weighing unchanged with the following more than 1 ounce, that is, the Postal Address Correction Information exceptions: Service will dispose of the piece and (1) First-Class Mail. All current provide the mailer with a separate AGENCY: Postal Service. options will remain available. In notice of new address or reason for ACTION: Proposed rule. addition, a new option will be available nondelivery, subject to the address for requesting that the mailpiece not be correction fee. The endorsement SUMMARY: The Postal Service proposes forwarded or returned, but that the ‘‘Return Service Requested’’ will changing the ancillary service mailer be provided with a separate provide, regardless of weight, for the endorsements that mailers use to address correction, subject to the return of the entire piece to the mailer request an addressee’s new address and address correction fee. This new option with the new address or reason for to provide the Postal Service with will be available under the endorsement nondelivery, subject to the appropriate instructions on how to handle ‘‘Change Service Requested.’’ single-piece rate postage. undeliverable-as-addressed (UAA) mail. (2) Standard Mail (A) Single-Piece (4) Standard Mail (A). Currently, a DATES: Comments must be received on Rate. Currently, a mailer has the option mailer has the option of endorsing the or before November 12, 1996. of endorsing the mailpiece ‘‘Do Not mailpiece ‘‘Forwarding and Return ADDRESSES: All written comments Forward’’ to request that the Postal Postage Guaranteed’’ to request that the should be mailed or delivered to the Service dispose of the piece if it is Postal Service forward the piece without Manager, Address Management, U.S. undeliverable, with no forwarding, no providing an address correction. Under return, and no address correction Postal Service, 475 L’Enfant Plaza SW, the proposed rule, this option will no provided. Under the proposed rule, this Room 7431, Washington, DC 20260– longer be available. Instead, a mailer option will no longer be available. 6802. Copies of all written comments desiring forwarding will use the Instead, the mailer will be able to will be available at the above address for endorsement ‘‘Address Service choose between using no endorsement, inspection and photocopying between 9 Requested,’’ in which case the Postal in which case the piece (if uninsured) a.m. and 4 p.m., Monday through Service will forward the piece and will will be returned to the mailer with the Friday. provide the mailer with a separate new address or reason for nondelivery notice of the new address, subject to the FOR FURTHER INFORMATION CONTACT: attached, subject to return postage at the address correction fee. Rocky Matthews, (202) 268–5790. single-piece rate; or using the SUPPLEMENTARY INFORMATION: Currently endorsement ‘‘Change Service (5) Standard Mail (B). Currently, a a wide range of different ancillary Requested,’’ in which case the Postal mailer has the option of endorsing the service endorsements are used by Service will dispose of the piece and mailpiece ‘‘Do Not Forward, Do Not mailers to request an addressee’s new provide the mailer with a separate Return’’ to request that the Postal address and to provide the Postal notice of new address or reason for Service dispose of the piece if it is Service with detailed instructions on nondelivery, subject to the address undeliverable, with no forwarding, no how to handle undeliverable-as- correction fee. return, and no address correction addressed (UAA) mail. The variations of (3) Standard Mail (A). Currently, if a provided. Under the proposed rule, this endorsements and the words used (e.g., mailpiece weighing 1 ounce or less is option will no longer be available. ‘‘Address Correction’’ or ‘‘Postage endorsed ‘‘Address Correction Instead, a mailer will be able to use the Guaranteed’’) often confuse mailers, Requested,’’ the entire piece is returned endorsement ‘‘Change Service postal employees, and mail recipients. to the mailer with the new address or Requested,’’ in which case the Postal To eliminate misunderstandings about reason for nondelivery, subject to return Service will dispose of the piece and the meaning of ancillary endorsements, postage at the single-piece rate; any provide the mailer with a separate this rule proposes adopting an heavier piece bearing that endorsement notice of new address or reason for endorsement system that is simpler and is disposed of and the mailer is nondelivery, subject to the address more consistent than the current system. provided with a separate notice of the correction fee. Under the proposed rule, only three new address or reason for nondelivery, The following tables summarize the ancillary service endorsements will be subject to the address correction fee. current and proposed ancillary service available. Endorsements will consist of Under the proposed rule, the Postal endorsements, along with the one keyword: ‘‘Address,’’ ‘‘Return,’’ or Service will no longer make distinctions corresponding treatment of ‘‘Change,’’ followed by the two words based on the weight of the piece. undeliverable-as-addressed (UAA) mail ‘‘Service Requested.’’ The endorsements Regardless of weight, any piece with the bearing those endorsements. Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53281

FIRST-CLASS MAIL, PRIORITY MAIL, AND EXPRESS MAIL

Current Proposed Mailer endorsement USPS action Mailer endorsement USPS action

Forwarding and Address Cor- Months 1 through 12: mailpiece for- Address Service Requested ... No proposed change in USPS action. rection Requested or For- warded; no charge; separate notice ward & Address Correction. of new address provided; address correction fee charged. Months 13 through 18: mailpiece re- turned with new address attached; no charge After month 18, or if undeliverable: mailpiece returned with reason for nondelivery attached; no charge Address Correction Requested Mailpiece returned with new address Return Service Requested ..... No proposed change in USPS action. or Do Not Forward. or reason for nondelivery attached; no charge. Change Service Requested ... Separate notice of new address or reason for nondelivery provided; in either case, address correction fee charged; mailpiece disposed of by USPS. Not available for Priority Mail or Ex- press Mail. Not available for mail with special services (certified, COD, insured, registered, special delivery, special handling). No endorsement ...... Months 1 through 12: mailpiece for- No endorsement ...... No proposed change in USPS action. warded; no charge Months 13 through 18: mailpiece re- turned with new address attached; no charge After month 18, or if undeliverable: mailpiece returned with reason for nondelivery attached; no charge

PERIODICALS

Current Proposed Mailer endorsement USPS action Mailer endorsement USPS action

Return Postage Guaranteed ... First 60 days: mailpiece forwarded; no Address Service Requested ... No proposed change in USPS action. charge After 60-day period, or if undeliverable: mailpiece returned with address correction or reason for nondelivery attached; appro- priate Standard Mail single-piece rate charged Return Service Requested Not available for Periodicals. Change Service Requested Not available for Periodicals. No endorsement ...... First 60 days: mailpiece forwarded; no No endorsement ...... No proposed change in USPS action. charge After 60-day period, or if undeliverable: separate address correction or reason for nondelivery provided; address correction fee charged; mailpiece disposed of by USPS 53282 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules

STANDARD MAIL (A)

Current Proposed Mailer endorsement USPS action Mailer endorsement USPS action

Forwarding and Return Post- Months 1 through 12: mailpiece for- Address Service Requested ... No proposed change in USPS action. age Guaranteed, Address warded; no charge; separate notice Correction Requested or of new address provided; address Forward & Address Correc- correction fee charged tion. Months 13 through 18: mailpiece re- turned with new address attached; only Standard Mail (A) weighted fee charged (address correction fee not charged) After month 18, or if undeliverable: mailpiece returned with reason for nondelivery attached; only Standard Mail (A) weighted fee charged (ad- dress correction fee not charged) Forwarding and Return Post- Months 1 through 12: mailpiece for- Not available (use ``Address Service age Guaranteed. warded; no charge Requested''). Months 13 through 18: mailpiece re- turned with new address attached; only Standard Mail (A) weighted fee charged (address correction fee not charged) After month 18, or if undeliverable: mailpiece returned with reason for nondelivery attached; only Standard Mail (A) weighted fee charged (ad- dress correction fee not charged) Do Not Forward, Address Cor- Mailpiece returned with new address Return Service Requested ..... No proposed change in USPS action. rection Requested, Return or reason for nondelivery attached; Postage Guaranteed or Do only return postage at Standard Not ForwardÐAddress Mail (A) single-piece rate charged CorÐReturn Guar. (address correction fee not charged) Address Correction Requested If mailpiece 1 ounce or less: entire Change Service Requested ... Separate notice of new address or piece returned with new address or reason for nondelivery provided; in reason for nondelivery attached; either case, address correction fee only return postage at Standard charged; mailpiece disposed of by Mail (A) single-piece rate charged USPS. (address correction fee not charged) If mailpiece over 1 ounce: address Note: if return of the mailpiece is de- correction or reason for nondelivery sired, use ``Return Service Re- provided by Form 3547; subject to quested,'' subject to appropriate address correction fee Standard Mail (A) single-piece rate. Do Not Forward ...... No forwarding or return service pro- Not available (use no endorsement). vided No endorsement ...... Single-Piece Rate Mail Only: No endorsement ...... No proposed change in USPS action. mailpiece returned with new ad- dress or reason for nondelivery at- tached; only return postage at Standard Mail (A) single-piece rate charged (address correction fee not charged) Bulk Rate Mail Only: mailpiece dis- posed of by USPS Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53283

STANDARD MAIL (B)

Current Proposed Mailer endorsement USPS action Mailer endorsement USPS action

Forwarding and Return Post- Months 1 through 12: mailpiece for- Address Service Requested ... No proposed change in USPS action. age Guaranteed, Address warded locally at no charge; for- Correction Requested or warded out of town as postage due; Forward & Address Correc- separate notice of new address tion. provided; address correction fee charged Months 13 through 18: mailpiece re- turned with new address attached; only return postage at appropriate single-piece rate charged (address correction fee not charged) After month 18, or if undeliverable, or addressee refused to pay postage due: mailpiece returned with reason for nondelivery attached; only for- warding (where attempted) and re- turn postage at appropriate single- piece rate charged (address correc- tion fee not charged) Forwarding and Return Post- Months 1 through 12: mailpiece for- (Same as no endorsement) age Guaranteed. warded locally at no charge; for- warded out of town as postage due Months 13 through 18: mailpiece re- turned with new address attached; only return postage at appropriate single-piece rate charged (address correction fee not charged) After month 18, or if undeliverable, or addressee refused to pay postage due: mailpiece returned with reason for nondelivery attached; only for- warding (where attempted) and re- turn postage at appropriate single- piece rate charged (address correc- tion fee not charged) Do Not Forward, Address Cor- Mailpiece returned with new address Return Service Requested ..... No proposed change in USPS action. rection Requested, Return or reason for nondelivery attached; Postage Guaranteed or Do only return postage at appropriate Not ForwardÐAddress Cor- single-piece rate charged (address rectionÐReturn Guar. correction fee not charged) Do Not Forward, Do Not Re- Separate notice of new address or Change Service Requested ... No proposed change in USPS action. turn, Address Correction Re- reason for nondelivery provided; in quested or Do Not Forward either case, address correction fee or Return `` Address Cor. charged; mailpiece disposed of by USPS Do Not Forward, Do Not Re- No forwarding or return service pro- Not available (use ``Change Service turn. vided; mailpiece disposed of by Requested'). USPS No endorsement ...... Months 1 through 12: mailpiece for- No endorsement No proposed change in USPS action warded locally at no charge; for- warded out of town as postage due Months 13 through 18: mailpiece re- turned with new address attached; only return postage at appropriate single-piece rate charged (address correction fee not charged) After month 18, or if undeliverable, or addressee refused to pay postage due: mailpiece returned with reason for nondelivery attached; only for- warding (where attempted) and re- turn postage at appropriate single- piece rate charged (address correc- tion fee not charged)

If these proposed standards are an effective date of February 1, 1997. In current endorsements for a period of 6 adopted, the Postal Service anticipates that event, the Postal Service will honor months after that date. After September 53284 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules

1, 1997, these and endorsements other PRIORITY MAIL AND FIRST-CLASS PERIODICALSÐContinued than those adopted will be deemed MAILÐContinued invalid. For mail bearing invalid Mailer USPS action endorsements, the service under Mailer endorsement endorsement USPS action ‘‘Address Service Requested’’ or After 60-day period, or if ‘‘Return Service Requested’’ will be Change Service Separate notice of new undeliverable: mailpiece provided to such mail as appropriate. Requested 1. address or reason for returned with address Although exempt from the notice and nondelivery provided; in correction or reason for either case, address nondelivery attached; comment requirements of the appropriate Standard Administrative Procedure Act (5 U.S.C. correction fee charged; mailpiece disposed of Mail single-piece rate 553 (b), (c)) regarding proposed by USPS. charged. rulemaking by 39 U.S.C. 410(a), the Not available for Priority Return Service Not available for Periodi- Postal Service invites comments on the Mail or mail with special Requested. cals. following proposed revisions of the services (certified, Change Service Not available for Periodi- Domestic Mail Manual, incorporated by COD, insured, reg- Requested. cals. No endorsement 1 First 60 days: mailpiece reference in the Code of Federal istered, special delivery, special handling). forwarded; no charge. Regulations. See 39 CFR part 111. After 60-day period, or if No endorsement Months 1 through 12: undeliverable: separate mailpiece forwarded; no List of Subjects in 39 CFR Part 111 address correction or charge. Postal Service. reason for nondelivery Months 13 through 18: provided; address cor- mailpiece returned with rection fee charged; PART 111Ð[AMENDED] new address attached; mailpiece disposed of no charge. by USPS. 1. The authority citation for 39 CFR After month 18, or if part 111 continues to read as follows: undeliverable: mailpiece 1 Valid for all mailpieces, including Address returned with reason for Change Service (ACS) participating Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, nondelivery attached; mailpieces. 401, 403, 404, 3001–3011, 3201–3219, 3403– no charge. 3406, 3621, 5001. 5.3 Standard Mail (A) 1 Valid for all mailpieces, including Address Undeliverable Standard Mail (A) is 2. Revise the Domestic Mail Manual Change Service (ACS) participating mailpieces. treated as described in the chart below as set forth below: and under these conditions: F FORWARDING AND RELATED 5.2 Periodicals a. Insured Standard Mail (A) is treated as though endorsed ‘‘Address Service SERVICES Undeliverable Periodicals Requested.’’ F000 Basic Services publications (including publications pending Periodicals authorization) are * * * * * F010 Basic Information treated as described in the chart below e. When a large volume of identical- weight pieces originates from a single * * * * * and under these conditions: mailer endorsed only ‘‘Return Service 5.0 TREATMENT—CLASSES OF * * * * * Requested,’’ the USPS may use the MAIL e. The publisher may request the weight of a sample of at least 25 pieces return of copies of undelivered and divide that weight by the number of 5.1 Priority Mail and First-Class Mail Periodicals publications by printing the pieces in the sample. After the average * * * * * endorsement ‘‘Address Service per piece weight is determined, the Requested’’ on the envelopes or pieces are weighed in bulk to determine PRIORITY MAIL AND FIRST-CLASS MAIL wrappers, or on one of the outside the number of pieces subject to the covers of unwrapped copies, single-piece rate for return. Pieces of identical weight counted in this Mailer USPS action immediately preceded by the sender’s endorsement name, address, and ZIP+4 or 5-digit ZIP manner, regardless of weight, are Code. The per piece rate charged for returned to the mailer with the new Address Service Months 1 through 12: address or the reason for nondelivery 1 return is the appropriate Standard Mail Requested . mailpiece forwarded; no endorsed on the piece. charge; separate notice single-piece rate. When the address of new address pro- correction is provided incidental to the f. The ‘‘weighted fee’’ is the vided; address correc- return of the piece, there is no charge for appropriate Standard Mail (A) single- tion fee charged. the correction. This endorsement piece rate, multiplied by a factor of 2.472 and rounded to the next (higher) Months 13 through 18: obligates the publisher to pay return whole cent (if the computation yields a mailpiece returned with postage. new address attached; fraction of a cent in the result). The no charge. * * * * * weighted fee is computed (and rounded After month 18, or if if necessary) for each mailpiece undeliverable: mailpiece PERIODICALS individually. Neither the applicable returned with reason for postage, the factor, nor any necessary nondelivery attached; Mailer rounding is applied cumulatively to no charge. endorsement USPS action Return Service Mailpiece returned with multiple pieces. The fee is used during months 1 through 12 when forwarding Requested. new address or reason Address Service First 60 days: mailpiece for nondelivery at- Requested 1. forwarded; no charge. is unsuccessful and the piece is tached; no charge. returned to the mailer. During months 13 through 18, this fee is charged for Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Proposed Rules 53285 pieces endorsed ‘‘Address Service STANDARD MAIL (B) STANDARD MAIL (B)ÐContinued Requested.’’ * * * * * Mailer Mailer endorsement USPS action endorsement USPS action STANDARD MAIL (A) Address Service Months 1 through 12: After month 18, or if Requested 1. mailpiece forwarded lo- undeliverable, or ad- Mailer endorse- dressee refused to pay ment USPS action cally at no charge; for- warded out of town as postage due: mailpiece Address Service Months 1 through 12: postage due; separate returned with reason for Requested 1. mailpiece forwarded; no notice of new address nondelivery attached; charge; separate notice provided; address cor- only forwarding (where of new address pro- rection fee charged. attempted) and return vided; address correc- Months 13 through 18: postage at appropriate tion fee charged. mailpiece returned with single-piece rate Months 13 through 18: new address attached; charged (address cor- mailpiece returned with only return postage at rection fee not new address attached; appropriate single-piece charged). rate charged (address only Standard Mail (A) 1 Valid for all mailpieces, including Address weighted fee charged correction fee not Change Service (ACS) participating (address correction fee charged). mailpieces. not charged). After month 18, or if After month 18, or if undeliverable, or ad- 5.5 Express Mail undeliverable: mailpiece dressee refused to pay returned with reason for postage due: mailpiece * * * * * nondelivery attached; returned with reason for only Standard Mail (A) nondelivery attached; EXPRESS MAIL weighted fee charged only forwarding (where (address correction fee attempted) and return Mailer USPS action not charged). postage at appropriate endorsement Return Service Mailpiece returned with single-piece rate Requested. new address or reason charged (address cor- Address Service Months 1 through 12: for nondelivery at- rection fee not Requested. mailpiece forwarded; no tached; only return charged). charge; separate notice postage at Standard Return Service Mailpiece returned with of new address pro- Mail (A) single-piece Requested. new address or reason vided; address correc- rate charged (address for nondelivery at- tion fee charged. correction fee not tached; only return Months 13 through 18: charged). postage at appropriate mailpiece returned with Change Service Separate notice of new single-piece rate new address attached; Requested 1. address or reason for charged (address cor- no charge. nondelivery provided; in rection fee not After month 18, or if either case, address charged). undeliverable: mailpiece correction fee charged; Change Service Separate notice of new returned with reason for mailpiece disposed of Requested 1. address or reason for nondelivery attached; by USPS. nondelivery provided; in no charge. No endorsement. Single-Piece Rate Mail either case, address Return Service Mailpiece returned with Only: mailpiece re- correction fee charged; Requested. new address or reason turned with new ad- mailpiece disposed of for nondelivery at- dress or reason for by USPS. tached; no charge. nondelivery attached; No endorsement Months 1 through 12: Change Service Not available for Express only return postage at mailpiece forwarded lo- Requested. Mail. Standard Mail (A) sin- cally at no charge; for- No endorsement Months 1 through 12: gle-piece rate charged warded out of town as mailpiece forwarded; no (address correction fee postage due. charge. not charged). Months 13 through 18: Bulk Rate Mail Only: Months 13 through 18: mailpiece returned with mailpiece returned with mailpiece disposed of new address attached; by USPS. new address attached; only return postage at no charge. 1 Valid for all mailpieces, including Address appropriate single-piece After month 18, or if Change Service (ACS) participating rate charged (address undeliverable: mailpiece mailpieces. correction fee not returned with reason for charged). 5.4 Standard Mail (B) nondelivery attached; no charge. * * * * *

Stanley F. Mires, Chief Counsel, Legislative. [FR Doc. 96–26089 Filed 10–9–96; 8:45 am]

BILLING CODE 7710±12±P federal register October 10,1996 Thursday Refuge Week,1996 Proclamation 6932ÐNationalWildlife Day, 1996 Proclamation 6931ÐGerman-American 1996 Proclamation 6930ÐFirePreventionWeek, Employment Month,1996 Proclamation 6929ÐNationalDisabliity Month, 1996 Proclamation 6928ÐRooseveltHistory The President Part IV 53287

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Title 3— Proclamation 6928 of October 4, 1996

The President Roosevelt History Month, 1996

By the President of the United States of America

A Proclamation The Roosevelt family has uniquely influenced the direction and quality of life in America for the last century. With two enormously successful Presidents, Teddy and FDR, and a precedent-setting First Lady, Eleanor, the Roosevelt family has left a lasting legacy of exemplary leadership and public service to our Nation. In 1903, President Theodore Roosevelt established our country’s first National Wildlife Refuge. Thanks to his vision and determination, America today enjoys the natural treasures preserved in the largest and most varied conserva- tion system in the world. From 1933 to 1945, President Franklin Delano Roosevelt, with the support of his wife, Anna Eleanor Roosevelt, guided the United States through two of the gravest crises of the 20th century: the Great Depression and World War II. Universally recognized as one of the greatest American Presidents, FDR stands as a symbol of the greatness of our Nation itself. Eleanor Roosevelt, his lifelong companion and dearest friend, transformed the role of the First Lady, traveling the country as an advocate for the poor, the disenfranchised, and the disadvantaged. Together, their partnership redefined the modern First Family, combining a broad concern for all Americans with a strong sense of the dignity and history of the Presidency. In a time of acute national anxiety, FDR promised Americans ‘‘a leadership of frankness and vigor.’’ He recognized that govern- ment had to be responsive to the needs of its people and that the Presidency is not merely an executive office but also a position of moral leadership. President Roosevelt moved Americans toward hope, through perseverance and faith in themselves. He spoke directly to average Americans, not only through his fireside chats on radio, but also through his insistence on honesty and justice. He fought for fairness in government, working to establish Federal programs that met the needs of his time: a welcome job for an idle but eager worker; a government loan to help a family avoid foreclosure; and a retirement income system that still serves working Americans nearly 60 years later. These achievements were steps on the road to FDR’s dream of establishing a government that would serve as a model for the world. In Franklin Roosevelt’s view, government should be the perfect public system for fostering and protecting the ‘‘Four Freedoms’’ he enumerated when he addressed the Congress in January 1941. Intended as a rallying cry against the economic and military specters that had swept the globe during the previous decade, this speech recognized four essential freedoms: freedom of speech and expression; freedom of every person to worship God in his own way; freedom from want; and freedom from fear. Roosevelt made it clear that he enumerated these freedoms not as abstract ideals but as goals toward which Americans—and caring people everywhere—could direct their most strenuous public efforts. Millions of people around the world remember with gratitude his determined leadership as the successful Commander in Chief of America’s Armed Forces during this century’s most terrible war. It is difficult to imagine any individ- ual other than Franklin Roosevelt who would have been able to oversee 53290 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents

the war effort—not only beating back the spreading stain of totalitarianism by achieving decisive military victories, but also adroitly maintaining unity among our allies. As the world moved under a deepening shadow of violence and terror, FDR displayed an unwavering personal character and resolve that inspired faith among the American people. And even though FDR did not survive to witness the end of the war he helped so much to win, he nonetheless knew he had set our country’s sights in the right direction by dedicating his public career to a safer, stronger America—citizens living and working together in a community of fairness, harmony, and peace. As the final words of his Four Freedoms speech expressed: ‘‘To that high concept there can be no end save victory.’’ After her husband’s death, Eleanor Roosevelt continued the vigorous advo- cacy work she and FDR had begun in the White House, serving on the United States Delegation to the United Nations, acting as Chairperson of the Human Rights Commission during the drafting of the Universal Declara- tion of Human Rights adopted by the U.N. in 1948, working as a member of the National Advisory Committee of the Peace Corps for President Ken- nedy, and finally serving as Chair of President Kennedy’s Commission on the Status of Women. By the time of her death in 1962, she had earned the unofficial title of First Lady of the World, reaffirming the virtues to which she and her husband had dedicated their lives. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 1996 as Roosevelt History Month. I call upon government officials, educators, labor leaders, employers, and the people of the United States to observe this month with appropriate programs and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26222 œ– Filed 10–9–96; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents 53291 Presidential Documents

Proclamation 6929 of October 4, 1996

National Disability Employment Awareness Month, 1996

By the President of the United States of America

A Proclamation As we rapidly approach the 21st century, we are entering an age dominated by information and technology, the microchip and the global marketplace. We can’t afford to waste the talents of a single person if we are to succeed in this exciting and challenging new world, and people with disabilities have a major role to play in helping us to achieve a dynamic, productive work force in a united community. In the darkest days of World War II, the American people looked to President Franklin Delano Roosevelt, a person with a disability, for leadership and strength. Today, as college presidents and scientists, world-class athletes and physicians, our citizens with disabilities make their own invaluable contributions to our Nation’s strength. From Main Street to Wall Street, they have performed successfully at every level of business and government, demonstrating in large ways and small that they can meet the same challenges as everyone else. We can be proud of the great progress we have made in eliminating overt discrimination. Leaders of business and industry, veterans service organiza- tions, and labor, as well as community leaders from all walks of life, have worked together to implement the Americans with Disabilities Act, which bans discrimination in recruitment, interviewing, hiring, and advancement. Yet, 50 years after President Roosevelt’s death, too many doors to employment remain closed to individuals with disabilities. We must work to eradicate more subtle forms of discrimination. We must make sure that our words of support for empowerment and inclusion continue to be reflected in our policies. It is up to all of us—employers, labor, educators, veterans, people with disabilities, and government—to stay the course until every barrier against individuals with disabilities comes down. In recognition of the great potential of people with disabilities, and to encourage all Americans to work toward their full participation in our work force, the Congress, by Joint Resolution, approved August 11, 1945, as amended (36 U.S.C. 155), has designated October of each year as ‘‘National Disability Employment Awareness Month.’’ NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim October 1996 as National Disability Employ- ment Awareness Month. I call upon government officials, educators, labor leaders, employers, and the people of the United States to observe this month with appropriate programs and activities that reaffirm our determina- tion to fulfill both the letter and the spirit of the Americans with Disabilities Act. 53292 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26223 œ– Filed 10–9–96; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents 53293 Presidential Documents

Proclamation 6930 of October 5, 1996

Fire Prevention Week, 1996

By the President of the United States of America

A Proclamation Our Nation has a long tradition of unity in the face of adversity, and Americans have always stood together to fight one of our most terrifying and preventable problems—fire. We are fortunate to have so many dedicated public and private organizations working diligently to promote fire preven- tion and safety. Each October, Fire Prevention Week gives us an opportunity to remember family and friends who have been the victims of fire, and to redouble our efforts to prevent these tragedies. Uncontrolled, fire can destroy homes, livelihoods, and lives. This year, in the wake of one of the most serious wildland fire seasons in history and a troubling series of arsons at houses of worship, we must join together and rededicate ourselves to fire prevention efforts. Whether working to stop church arsons or to avoid accidental fires in the home, we all have an important role to play. The National Fire Protection Association has selected ‘‘Let’s Hear it for Fire Safety: Test Your Detectors!’’ as the theme for Fire Prevention Week, 1996, and joins with the Federal Emergency Management Agency to commu- nicate this lifesaving message. This year’s theme focuses on a vital and simple element of home fire protection—smoke detectors. Smoke detectors can provide early warning and reduce the risk of dying in a home fire by almost half. The theme of this year’s Fire Prevention Week reinforces the need for regular testing of home smoke detectors. The combination of a working smoke detector with a well-rehearsed escape plan can enable people to exit safely and quickly in the event of a fire. Thanks to the commitment and support of our Nation’s fire and emergency services, we continue to make fire prevention and fire safety a top priority in America. Too often, these dedicated champions of fire safety pay the ultimate price in service to their communities. Last year, 102 firefighters died, and more than 94,500 were injured. On Sunday, October 13, 1996, we will pay our respects to these courageous men and women at the National Fallen Firefighters Memorial in Emmitsburg, Maryland. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 6 through October 12, 1996, as Fire Prevention Week. I encourage the people of the United States to take an active role in fire prevention not only this week, but also throughout the year. I also call upon every citizen to pay tribute to the members of our fire services who have lost their lives or been injured in service to their communities, and to those men and women who carry on their noble tradition. 53294 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26225 œ– Filed 10–9–96; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents 53295 Presidential Documents

Proclamation 6931 of October 5, 1996

German-American Day, 1996

By the President of the United States of America

A Proclamation Germans were among the first settlers of the United States. They, like other immigrants to our country, came to America seeking a better life for them- selves and their families. In building this better life, they have immeasurably enriched the lives of their fellow Americans. From the beginning of the colonial period and throughout the history of our republic, German Americans have contributed their intellect, wealth, and culture to building, defending, and improving American life. Organized settlement in America by Germans began as early as 1683, with the arrival of German Mennonites in Pennsylvania at the invitation of William Penn. Pennsylvania soon became the center and stronghold of German settlement throughout colonial times as small, vigorous communities spread to Maryland and the other colonies. Today, robust German-American communities can be found throughout the United States. The strength of character and personal honor so important in the German cultural tradition have also found their way into the core values of American society. More U.S. citizens can claim German heritage than that of any other national group. And every successive generation of German Americans seems to produce new heroes and heroines who earn the admiration of a grateful world. For example, Carl Schurz served as a Union General in the Civil War and later rose to become a distinguished American statesman, both as Senator from Missouri and as Secretary of the Interior. Johann Peter Zenger, the publisher of New York Weekly Journal in the early 18th century, was an early and vigorous champion of the free press in America. And German- born Albert Einstein made monumental and historic contributions to our understanding of the universe. Our culture has also benefited abundantly from German-American women. Anna Ottendorfer was a talented newspaper publisher and philanthropist. The four Klumpke sisters enriched American life with their contributions to art, medicine, music, and astronomy, while Lillian Blauvelt and Fannie Bloomfield Zeisler enhanced American music. America has welcomed Germans in search of civic freedoms, and their idealism has reinforced what was best in their new country. German-Amer- ican men and women have contributed immensely to the fabric of our Nation, and it is appropriate that we pause to honor their important role in building our country. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim Sunday, October 6, 1996, as German-American Day. I encourage Americans everywhere to recog- nize and celebrate the contributions that millions of people of German ancestry have made to our Nation’s liberty, democracy, and prosperity. 53296 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26226 œ– Filed 10–9–96; 8:45 am] Billing code 3195–01–P Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents 53297 Presidential Documents

Proclamation 6932 of October 7, 1996

National Wildlife Refuge Week, 1996

By the President of the United States of America

A Proclamation As we prepare to meet the challenges of the 21st century, protecting the environment remains our sacred responsibility. Our National Wildlife Refuge System is a network of special places set aside to conserve the natural habitat of our fish and wildlife. My Administration is dedicated to strengthen- ing this invaluable network of refuges that truly enhance the lives of all Americans. President Theodore Roosevelt established the first National Wildlife Refuge in 1903, and his vision remains the guiding force for the Refuge System today: ‘‘... keeping for our children’s children, as a priceless heritage, all the delicate beauty of the lesser and all the burly majesty of the mightier forms of wild life .... Wild beasts and birds are by right not the property merely of the people alive today, but the property of the unborn generations whose belongings we have no right to squander.’’ What began 93 years ago with a small island in Florida has grown into a system of more than 500 refuges spanning all 50 States and several trust territories. It is home to resident and migratory wildlife and includes lands of breathtaking beauty and diversity, from the tropical mangroves of Florida’s Key Deer National Wildlife Refuge to the majestic peaks of the Arctic National Wildlife Refuge in Alaska. This mosaic of magnificent places provides Ameri- cans a wide range of opportunities—both educational and recreational— to learn about our environment and our country’s heritage, to observe and photograph, and to hunt and fish. Our national wildlife refuges are among our most treasured areas, and we must reaffirm our commitment to preserving these precious resources for our children, for our communities, and for future generations. Working together, we can ensure the health and vitality of our wildlife and our Nation. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim October 6 through October 12, 1996, as National Wildlife Refuge Week. I invite all Americans to learn about, appreciate, and celebrate this magnificent collection of lands that we as a people have set aside for wildlife and for the enjoyment of future generations. I also ask all to join me in a renewed commitment to responsible stewardship of our country’s irreplaceable natural resources. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26227 œ– Filed 10–9–96; 8:45 am] Billing code 3195–01–P federal register October 10,1996 Thursday 1996 Proclamation 6933ÐChildHealthDay, The President Part V 53299

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Thursday, October 10, 1996

Title 3— Proclamation 6933 of October 7, 1996

The President Child Health Day, 1996

By the President of the United States of America

A Proclamation The health of our children is part of our heritage as a Nation, passed from one generation to the next. It is also our hope for the future. Our children embody our dreams and are the vessel through which we seek an ever deeper understanding of the full reach of human promise. Their physical, mental, and social well-being is the fulfillment of that potential. For previous generations, diseases were a deadly shadow hovering over every new birth. Thanks in large part to medical advances and improved public health practices, most of today’s children are no longer threatened by these afflictions. Childhood immunizations alone have saved countless American lives in the past decade, and today we are increasing our efforts to identify and immunize children who need this protection. Since we now have the knowledge and resources to protect our children from many childhood diseases—including diphtheria, pertussis, polio- myelitis, measles, mumps, and rubella—we have the obligation to reach out to our population and do so. Immunization is a cost-effective, common- sense means of fighting disease, and States wisely require immunizations for schoolchildren and for children attending child care centers. I signed the Comprehensive Childhood Immunization Initiative so that children will receive the vaccinations they need. This initiative makes vaccines affordable for families and improves immunization outreach, with the goal that 90 percent of all two-year-olds should be fully vaccinated by the year 2000. However, even if we achieve complete immunization of all American chil- dren, our youth today face another potential threat every bit as dangerous as disease—the devastation of violence. Children are becoming more frequent victims, and violence among children is increasing as they emulate the violence in their environment. Each year the tragic effects can be seen in the lives of millions of children. It can be observed among those who are neglected or abused, of whom more than 1,000 die each year. It can be found especially in the lives of those who witness violence against a parent—and who themselves face a significant chance of becoming victims of that same brutality. As a Nation, we must continue our commitment to eliminating violence and to strengthening children and families. To that end, we have launched initiatives to encourage the use of school uniforms, the adoption of curfews, and the intensification of anti-truancy programs. And we have also expanded the drug-free school program to include anti-crime efforts as well, enhancing the overall safety of our schools. America’s future rests with healthy children and strong families. All across this land—within our homes and health care settings; our churches and communities; our schools and child care centers; our legislatures and halls of justice; our factories, shops, and offices—we are all charged with the responsibility to safeguard our legacy by protecting and nurturing the bodies, minds, and spirits of our children. To emphasize the significance of fostering children’s healthy development, the Congress, by joint resolution approved May 18, 1928, as amended (36 53302 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Presidential Documents

U.S.C. 143), has called for the designation of the first Monday in October as ‘‘Child Health Day’’ and has requested the President to issue a proclama- tion in observance of this day. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, do hereby proclaim Monday, October 7, 1996, as Child Health Day. On that day and every day throughout the year, I urge all Americans to renew and deepen their commitment to protecting our most precious natural resource—our children. IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of October, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first.

[FR Doc. 96–26315 œ– Filed 10–9–96; 11:00 am] Billing code 3195–01–P i

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CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 8 CFR Public Laws Update Services (numbers, dates, etc.) 523±6641 3 CFR 274...... 52235 For additional information 523±5227 Proclamations: Proposed Rules: 6922...... 51205 Presidential Documents 312...... 51250 6923...... 51347 Executive orders and proclamations 523±5227 6924...... 51767 The United States Government Manual 523±5227 9 CFR 6925...... 52233 92...... 52236 6926...... 52675 Other Services 94...... 51769 6927...... 52677 Electronic and on-line services (voice) 523±4534 102...... 52871 6928...... 53289 Privacy Act Compilation 523±3187 104...... 52871 6929...... 53291 TDD for the hearing impaired 523±5229 105...... 52871 6930...... 53293 113...... 51769 6931...... 53295 116...... 52871 ELECTRONIC BULLETIN BOARD 6932...... 53297 6933...... 53301 Proposed Rules: Free Electronic Bulletin Board service for Public Law numbers, 91...... 52387 Federal Register finding aids, and list of documents on public Executive Orders: inspection. 202±275±0920 13019...... 51763 10 CFR Administrative Orders: FAX-ON-DEMAND Proposed Rules: Presidential Determinations: 20...... 52388 You may access our Fax-On-Demand service. You only need a fax No. 96±54 of 30...... 51835 machine and there is no charge for the service except for long September 28, 32...... 51835, 52388 distance telephone charges the user may incur. The list of 1996 ...... 52679 35...... 52388 documents on public inspection and the daily Federal Register’s 36...... 52388 table of contents are available using this service. The document 5 CFR 39...... 52388 numbers are 7050-Public Inspection list and 7051-Table of Ch. XIV ...... 51207 40...... 51835 Contents list. The public inspection list will be updated 550...... 51319, 52497 50...... 51835 immediately for documents filed on an emergency basis. 52...... 51835 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 7 CFR 60...... 51835 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 6...... 53002 61...... 51835 public inspection may be viewed and copied in our office located 90...... 51349 70...... 51835 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 91...... 51349 71...... 51835 telephone number is: 301±713±6905 92...... 51349 72...... 51835 93...... 51349 110...... 51835 150...... 51835 FEDERAL REGISTER PAGES AND DATES, OCTOBER 94...... 51349 95...... 51349 11 CFR 51205±51348...... 1 96...... 51349 Proposed Rules: 51349±51574...... 2 97...... 51349 104...... 52901 51575±51766...... 3 98...... 51349 301...... 52190 51767±52232...... 4 12 CFR 319...... 51208 52233±52678...... 7 502...... 51210 2...... 51777 52679±52870...... 8 Ch. VI...... 52671 213...... 52246 52871±53034...... 9 Ch. VII...... 52671 245...... 52875 53035±53302...... 10 920...... 51575 935...... 52686 927...... 52681 Proposed Rules: 929...... 51353 935...... 52727 931...... 52681 945...... 51354 14 CFR 958...... 52682 39 ...... 51212, 51357, 52688, 989...... 52684 52876, 53035, 53038, 53040, 993...... 51356 53042, 53044, 53046 Proposed Rules: 71 ...... 51360, 51361, 51362, 201...... 51791 52281, 52282, 52283, 53050 301...... 51376 73...... 53051, 53052 361...... 51791 91...... 51782 Ch. VI...... 52664 97 ...... 53053, 53054, 53056 Ch. VII...... 52664 440...... 51395 407...... 52717 Proposed Rules: 997...... 51811 Ch. I ...... 51845 998...... 51811 39 ...... 51250, 51255, 51618, 999...... 51811 51619, 51621, 51624, 51845, 1214...... 51378, 51391 51847, 52394, 53155 ii Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Reader Aids

71 ...... 51319, 52397, 52398, Proposed Rules: 70...... 51368, 51370 68...... 52307 52689, 52734, 53157 1 ...... 51256, 52902, 53161 86...... 51365 73 ...... 51789, 52899, 52900 301...... 53161 89...... 52088 90...... 52301 15 CFR 90...... 52088 Proposed Rules: 29 CFR Ch. VII...... 51395 91...... 52088 90...... 51877 902...... 51213 270...... 51596 180...... 51372 97...... 52767 922...... 57577 271...... 52884 30 CFR 300 ...... 51373, 52886, 52887 48 CFR 16 CFR 934...... 52691 721...... 52287 501...... 51373 24...... 51577 Proposed Rules: 763...... 52703 702...... 51234 1020...... 52877 202...... 52735 Proposed Rules: 706...... 51234 206...... 52735 52 ...... 51257, 51397, 51631, 715...... 51234 17 CFR 913...... 51631 51638, 51651, 51659, 51877, 716...... 51234 232...... 52283 52401, 52864, 52902, 53163, 722...... 51234, 52497 240...... 52996 31 CFR 53166, 53174, 53180 726...... 51234 420...... 52498 Proposed Rules: 59...... 52735 733...... 51234 356...... 51851 60...... 52864 737...... 51234 19 CFR 261...... 51397 752...... 51234 101...... 51363 32 CFR 271...... 51397 837...... 52709 852...... 52709 Proposed Rules: 706...... 52879 281...... 51875 1815...... 52325 10...... 51849 302...... 51397 33 CFR 372...... 51322, 51330 1816...... 52325 21 CFR 100...... 52695 1852...... 52325 42 CFR 1870...... 52325 50...... 51498 120...... 51597 6101...... 52347 56...... 51498 128...... 51597 57...... 51787 6102...... 52347 73...... 51584 412...... 51217 177...... 51364 34 CFR 413...... 51217, 51611 Proposed Rules: 178...... 51587 614...... 51783 489...... 51217 1...... 52232, 52998 312...... 51498 617...... 51783 1003...... 52299 2...... 52998 3...... 52232 314...... 51498 619...... 51783 43 CFR 355...... 52285 641...... 51783 4...... 52232 Proposed Rules: 6...... 52232, 52999 520...... 52690 Proposed Rules: 8...... 52232, 52844 558...... 51588 222...... 52564 2760...... 51666 9...... 52232 601...... 51498 607...... 52399 3200...... 52736 12...... 52232, 52999 808...... 52602 608...... 52399 3210...... 52736 13...... 52844 812...... 51498, 52602 609...... 52399 3220...... 52736 14...... 52232, 52998 814...... 51498 628...... 52399 3240...... 52736 15...... 52998, 52999 820...... 52602 636...... 52399 3250...... 52736 16...... 52232 1309...... 52287 637...... 52399 3260...... 52736 19...... 52232 1310...... 52287 645...... 52399 3740...... 51667 22...... 52232 1313...... 52287 647...... 52399 3810...... 51667 23...... 52232 649...... 52399 3820...... 51667 Proposed Rules: 25...... 52232 330...... 51625 650...... 52399 44 CFR 27...... 52232 655...... 52399 62...... 51217 29...... 52232 22 CFR 658...... 52399 64...... 51226, 51228 31...... 52232, 52998 660...... 52399 41...... 53058 32...... 52232 661...... 52399 603...... 51593 45 CFR 36...... 52232, 52998 669...... 52399 Proposed Rules: 46...... 51531 37...... 52232 171...... 53158 36 CFR 79...... 52299 38...... 52844 605...... 53185 1386...... 51751 42...... 52232 Proposed Rules: 24 CFR 45...... 52232 61...... 51536 46 CFR 47...... 52232 1...... 52216 1190...... 51397 61...... 52497 49...... 52232 2...... 52216 1191...... 51397 108...... 51789 51...... 52844 8...... 52216 37 CFR 110...... 51789 52 ...... 52232, 52998, 52999 42...... 51756 111...... 51789 53...... 52232, 52998 91...... 51756 Proposed Rules: 112...... 51789 917...... 53185 92...... 51756 1...... 518355 113...... 51789 950...... 53185 103...... 52216 38 CFR 161...... 51789 952...... 53185 104...... 52216 190...... 52497 970...... 53185 146...... 52216 4...... 52695 197...... 52497 180...... 52216 501...... 51230 49 CFR 39 CFR 252...... 51319 502...... 51230 106...... 51334 570...... 51756 111...... 52702 506...... 52704 107...... 51334 576...... 51546 Proposed Rules: 514...... 51230 171...... 51235, 51334 585...... 52186 111...... 53280 583...... 51230 172 ...... 51236, 51238, 51334 3500...... 51782 173 ...... 51238, 51241, 51334, Proposed Rules: 40 CFR 47 CFR 51495 570...... 51556 9...... 51365, 52287 1...... 52887 174...... 51334 572...... 53276 50...... 52852 2...... 52301 175...... 51334 51...... 52848 20...... 51233 176...... 51334 26 CFR 52 ...... 51214, 51366, 51598, 24...... 51233 177...... 51334 1...... 53058 51599, 51784, 52297, 52865, 25...... 52301 178...... 51334 301...... 53058 52882, 53066 51...... 52706 179...... 51334 602...... 53058 60...... 52865 64...... 52307 180...... 51334 Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Reader Aids iii

593...... 51334 1011...... 52710 1104...... 52710 1111...... 52710 1112...... 52710 1113...... 52710 1114...... 52710 1115...... 52710 1121...... 52710 Proposed Rules: 383...... 52401 391...... 52401 571...... 51669 575...... 52769

50 CFR 17 ...... 53070, 53089, 53108, 53124, 53130, 53137 216...... 51213 217...... 52370 622...... 52715 648...... 52384, 52715 679 ...... 51374, 51789, 52385, 52716, 53153, 53154 Proposed Rules: 17 ...... 51878, 52402, 53186 23...... 52403 217...... 52404 222...... 52404 229...... 52769 424...... 51398 648...... 52903 649...... 52903 660...... 51670 iv Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Reader Aids

REMINDERS Standard instrument approach due by 10-15-96; published Arizona; comments due by The items in this list were procedures; published 9-5- 9-12-96 10-18-96; published 9-18- editorially compiled as an aid 96 COMMERCE DEPARTMENT 96 to Federal Register users. VOR Federal airways; National Oceanic and Florida; comments due by Inclusion or exclusion from published 7-3-96 Atmospheric Administration 10-18-96; published 9-18- 96 this list has no legal TREASURY DEPARTMENT Fishery conservation and Iowa; comments due by 10- significance. Internal Revenue Service management: 17-96; published 9-17-96 Bering Sea and Aleutian Income taxes: Louisiana; comments due by Islands groundfish; RULES GOING INTO S corporations and their 10-15-96; published 9-13- comments due by 10-15- shareholders-- 96 EFFECT TODAY 96; published 8-20-96 Treatment of gain from New Mexico; comments due disposition of interest in Northeast multispecies; by 10-15-96; published 9- AGRICULTURE comments due by 10-15- DEPARTMENT certain natural resource 13-96 recapture property; 96; published 9-19-96 Animal and Plant Health Virginia; comments due by published 10-10-96 Northern anchovy; Inspection Service 10-16-96; published 9-16- comments due by 10-15- 96 Plant-related quarantine, 96; published 9-17-96 COMMENTS DUE NEXT Clean Air Act: domestic: Pacific Coast groundfish; WEEK State operating permits Corn cyst nematode; comments due by 10-15- programs-- published 9-10-96 96; published 10-3-96 Alaska; comments due by Plant-related quarantine, AGRICULTURE Puerto Rico and U.S. Virgin 10-18-96; published 9- foreign: DEPARTMENT Islands queen conch 18-96 Fruits and vegetables; Agricultural Marketing resources; comments due Hazardous waste: importation; published 9- Service by 10-18-96; published 8- Identification and listing-- 10-96 Almonds grown in California; 29-96 Exclusions; comments due ENVIRONMENTAL comments due by 10-15-96; Marine mammals: by 10-15-96; published PROTECTION AGENCY published 9-13-96 Commercial fishing 8-14-96 Air quality implementation Milk marketing orders: operations-- Superfund program: plans; approval and Carolina et al.; comments Commercial fisheries National oil and hazardous promulgation; various due by 10-16-96; authorization; list of substances contingency States: published 8-23-96 fisheries categorized plan-- Washington; published 10- AGRICULTURE according to frequency National priorities list 10-96 DEPARTMENT of incidental takes; update; comments due comments due by 10- JUSTICE DEPARTMENT Federal Crop Insurance by 10-16-96; published 15-96; published 7-16- 9-16-96 Immigration and Corporation 96 Water pollution control: Naturalization Service Crop insurance regulations: Tuna, Atlantic bluefin fisheries; Water quality standards-- Immigration: Fresh market tomato crop; comments due by 10-15-96; Pennsylvania; comments Nonimmigrants bearing Iraqi comments due by 10-15- published 9-17-96 due by 10-16-96; 96; published 9-13-96 and Kuwaiti travel COMMERCE DEPARTMENT published 8-29-96 documents; registration AGRICULTURE Water pollution; effluent and fingerprinting Patent and Trademark Office DEPARTMENT guidelines for point source requirements removed, Trademarks: Farm Service Agency categories: etc.; published 9-10-96 Fastener Quality Act; Water and waste loan and Centralized waste treatment; STATE DEPARTMENT insignias of manufacturers grant programs; Federal and private label comments due by 10-16- Visas; nonimmigrant regulatory review; comments distributors; recordation 96; published 9-16-96 documentation: due by 10-15-96; published fees establishment; FEDERAL Summer 1996 Olympic 9-12-96 comments due by 10-17- COMMUNICATIONS Games, Atlanta, GA; visa AGRICULTURE 96; published 9-17-96 COMMISSION applications removal; DEPARTMENT Common carrier services: published 10-10-96 COMMODITY FUTURES Rural Business-Cooperative TRADING COMMISSION Telecommunications Act of TRANSPORTATION 1996; implementation-- Service Commodity pool operators and DEPARTMENT Water and waste loan and commodity trading advisors: Filing requirements and Federal Aviation grant programs; Federal carrier classifications Electronic media use; reform; comments due Administration regulatory review; comments interpretation; comments Airworthiness directives: due by 10-15-96; published by 10-15-96; published due by 10-15-96; 9-25-96 McDonnell Douglas; 9-12-96 published 8-14-96 published 9-5-96 Radio stations; table of AGRICULTURE DEFENSE DEPARTMENT assignments: Class B airspace; published 9- DEPARTMENT Engineers Corps Alabama; comments due by 11-96 Rural Housing Service Danger zones and restricted 10-15-96; published 9-9- Class D and Class E Water and waste loan and areas: 96 airspace; published 7-3-96 grant programs; Federal Cooper River and FEDERAL DEPOSIT Class E airspace; published 7- regulatory review; comments tributaries, Charleston, INSURANCE CORPORATION 1-96 due by 10-15-96; published SC; comments due by 10- Risk-based capital: Class E airspace; correction; 9-12-96 15-96; published 9-12-96 Collateralized transactions; published 8-12-96 AGRICULTURE ENVIRONMENTAL comments due by 10-15- IFR altitudes; published 9-19- DEPARTMENT PROTECTION AGENCY 96; published 8-16-96 96 Rural Utilities Service Air quality implementation FEDERAL HOUSING Jet routes; published 7-3-96 Water and waste loan and plans; approval and FINANCE BOARD Restricted areas; published 7- grant programs; Federal promulgation; various Federal home loan bank 8-96 regulatory review; comments States: system: Federal Register / Vol. 61, No. 198 / Thursday, October 10, 1996 / Reader Aids v

Employees selection and grasslands or mesic areas Public meetings; due by 10-17-96; compensation and of central coast of comments due by 10- published 8-27-96 Finance Office Director California); comments due 17-96; published 8-26- Rear view mirrors; selection; Federal by 10-15-96; published 9- 96 comments due by 10-15- regulatory review; 11-96 Towing vessels; manning 96; published 6-17-96 comments due by 10-15- Suisun thistle, etc. (two San and licensing for officers; TREASURY DEPARTMENT 96; published 8-16-96 Francisco Bay California comments due by 10-16- FEDERAL MARITIME tidal marsh plants); 96; published 6-19-96 Alcohol, Tobacco and Firearms Bureau COMMISSION comments due by 10-15- TRANSPORTATION Ocean freight forwarders, 96; published 9-6-96 DEPARTMENT Alcohol; viticultural area marine terminal operators, Migratory bird hunting: Computer reservation systems: designations: and passenger vessels: Bismuth-tin shot as nontoxic Fair displays of airline Redwood Valley, CA; Transportation for waterfowl and coot services; comments due comments due by 10-18- nonperformance; financial hunting; approval; by 10-15-96; published 8- 96; published 9-3-96 responsibility requirements comments due by 10-15- 14-96 Firearms: 96; published 8-15-96 Coverage ceiling removal TRANSPORTATION Firearms and ammunition; Migratory bird permits: and replacement with DEPARTMENT manufacurers excise tax; sliding-scale coverage; Canada geese, injurious; Federal Aviation comments due by 10-15- comments due by 10- control permits; Administration 96; published 7-16-96 15-96; published 9-25- environmental 96 assessment; comments Airworthiness directives: TREASURY DEPARTMENT AlliedSignal Inc.; comments Comptroller of the Currency FEDERAL RESERVE due by 10-18-96; due by 10-18-96; SYSTEM published 9-3-96 Risk-based capital: published 8-19-96 Risk-based capital: JUSTICE DEPARTMENT Collateralized transactions; Beech; comments due by Collateralized transactions; Drug Enforcement comments due by 10-15- Administration 10-15-96; published 9-4- 96; published 8-16-96 comments due by 10-15- 96 96; published 8-16-96 Schedules of controlled TREASURY DEPARTMENT substances: Boeing; comments due by HEALTH AND HUMAN 10-15-96; published 8-13- Thrift Supervision Office Remifentanil; placement into SERVICES DEPARTMENT 96 Risk-based capital: Schedule II; comments Food and Drug due by 10-16-96; General Electric; comments Collateralized transactions; Administration published 9-16-96 due by 10-15-96; comments due by 10-15- Human drugs: published 8-13-96 96; published 8-16-96 LABOR DEPARTMENT Sunscreen products (OTC); Israel Aircraft Industries, tentative final monograph Occupational Safety and Ltd.; comments due by amendment; comments Health Administration 10-15-96; published 9-4- LIST OF PUBLIC LAWS due by 10-16-96; State plans; development, 96 published 9-16-96 enforcement, etc.: Jetstream; comments due This is a list of public bills HOUSING AND URBAN North Carolina; comments by 10-15-96; published 8- from the 104th Congress DEVELOPMENT due by 10-15-96; 13-96 which have become Federal DEPARTMENT published 9-13-96 Pratt & Whitney; comments laws. It may be used in conjunction with ``P L U S'' Rulemaking policies and LIBRARY OF CONGRESS due by 10-18-96; (Public Laws Update Service) procedures; comments due Copyright Office, Library of published 8-19-96 on 202±523±6641. The text of by 10-15-96; published 8- Congress Saab; comments due by 10- laws is not published in the 16-96 15-96; published 9-4-96 Digital audio recording Federal Register but may be INTERIOR DEPARTMENT technology (DART); Airworthiness standards: ordered in individual pamphlet Indian Affairs Bureau statements of account; Special conditions-- form (referred to as ``slip verification; comments due Aerospatiale model SA- laws'') from the Land and water: by 10-16-96; published 9- 365N, SA-365N1 and Superintendent of Documents, Leasing and permitting; 23-96 comments due by 10-16- AS-365N2 Dauphin U.S. Government Printing NATIONAL CREDIT UNION 96; published 6-17-96 helicopters; comments Office, Washington, DC 20402 ADMINISTRATION due by 10-16-96; (phone, 202±512±2470). INTERIOR DEPARTMENT Credit unions: published 9-16-96 H.R. 1350/P.L. 104±239 Land Management Bureau Corporate credit unions; Class D and Class E Maritime Security Act of 1996 Minerals management: requirements for airspace; comments due by (Oct. 8, 1996; 110 Stat. 3118) Mining claims; patenting insurance; comments due 10-15-96; published 9-9-96 H.R. 3056/P.L. 104±240 information disclosure; by 10-18-96; published 8- Class E airspace; comments rulemaking petition; 12-96 due by 10-18-96; published To permit a county-operated comments due by 10-15- PERSONNEL MANAGEMENT 9-9-96 health insuring organization to 96; published 8-15-96 OFFICE Restricted areas; comments qualify as an organization INTERIOR DEPARTMENT Prevailing rate systems ; due by 10-15-96; published exempt from certain requirements otherwise Fish and Wildlife Service comments due by 10-17-96; 8-30-96 published 9-17-96 applicable to health insuring Endangered and threatened TRANSPORTATION organizations under the species: TRANSPORTATION DEPARTMENT Medicaid program Lane Mountain milk-vetch, DEPARTMENT National Highway Traffic notwithstanding that the etc.; comments due by Coast Guard Safety Administration organization enrols Medicaid 10-18-96; published 9-3- Merchant marine officers and Motor vehicle safety beneficiaries residing in 96 seamen: standards: another county (Oct. 8, 1996; Sonoma alopecurus, etc. Towing vessels; manning Heavy vehicle safety 110 Stat. 3140). (nine plants from and licensing performance; comments Last List October 7, 1996