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2 III

Contents Federal Register Vol. 62, No. 74

Thursday, April 17, 1997

Agriculture Department NOTICES See Food and Consumer Service Atomic energy agreements; subsequent arrangements, See Foreign Agricultural Service 18766–18767 Meetings: Army Department Environmental Management Site Specific Advisory NOTICES Board— Meetings: Los Alamos National Laboratory, 18767 U.S. Military Academy, Board of Visitors, 18761 National Coal Council, 18767

Assassination Records Review Board Environmental Protection Agency NOTICES RULES Meetings; Sunshine Act, 18739 Air quality implementation plans; approval and promulgation; various States: Census Bureau California, 18710–18712 NOTICES Colorado, 18716–18723 Meetings: Rhode Island, 18712–18716 Professional Associations Census Advisory Committee, PROPOSED RULES 18739 Air quality implementation plans; approval and promulgation; various States: Children and Families Administration California, 18730–18731 NOTICES Grants and cooperative agreements; availability, etc.: Executive Office of the President Head Start— See Presidential Documents Early Head Start program, 18966–19005 Federal Aviation Administration Commerce Department PROPOSED RULES See Census Bureau Airworthiness directives: See Foreign-Trade Zones Board Boeing, 18726–18728 See International Trade Administration CFM International, 18726 See National Oceanic and Atmospheric Administration War risk insurance: Aviation insurance program, 19008–19013 Committee for the Implementation of Textile Agreements NOTICES Federal Communications Commission Export visa requirements; certification, waivers, etc.: RULES Malaysia, 18758–18760 Radio services, special: Private land mobile services— Copyright Office, Library of Congress Modification of policies governing use of bands below RULES 800 MHz, 18834–18936 Cable compulsory licenses; cable systems definition, NOTICES 18705–18710 Rulemaking proceedings; petitions filed, granted, denied, etc., 18770 Defense Department See Army Department Federal Election Commission NOTICES NOTICES Agency information collection activities: Meetings; Sunshine Act, 18770–18771 Submission for OMB review; comment request, 18761 Federal Acquisition Regulation (FAR): Federal Emergency Management Agency Agency information collection activities— NOTICES Proposed collection; comment request, 18760–18761 Disaster and emergency areas: Illinois, 18771 Education Department Kentucky, 18771 NOTICES Ohio, 18771 Agency information collection activities: Tennessee, 18772 Proposed collection; comment request, 18762 Washington, 18772–18773 Submission for OMB review; comment request, 18762– 18763 Federal Energy Regulatory Commission Postsecondary education: NOTICES Accrediting agencies and State approval agencies; Meetings: national recognition, 18763–18766 Pennsylvania-New Jersey-Maryland Interconnection, 18770 Energy Department Applications, hearings, determinations, etc.: See Federal Energy Regulatory Commission Columbia Gas Transmission Corp., 18768 IV Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Contents

El Paso Natural Gas Co., 18768 NOTICES Platte Pipe Line Co., 18769 Agency information collection activities: Transcontinental Gas Pipe Line Corp., 18769–18770 Proposed collection; comment request, 18773–18774

Federal Mine Safety and Health Review Commission Health Care Financing Administration RULES NOTICES Conflict of interests, 18705 Medicaid: Federal Reserve System Demonstration project proposals, new and pending— February, 18776–18777 NOTICES Banks and bank holding companies: Change in bank control, 18773 Health Resources and Services Administration Formations, acquisitions, and mergers, 18773 NOTICES Meetings: Fish and Wildlife Service Maternal and Child Health Research Grants Review PROPOSED RULES Committee, 18777 Endangered Species Convention: Appendices and amendments, 18731–18737 Housing and Urban Development Department NOTICES Meetings: NOTICES Endangered Species of Wild Fauna and Flora Grants and cooperative agreements; availability, etc.: International Trade Convention, 18777–18793 Persons with disabilities— Designated housing allocation plans and Section 8 Food and Consumer Service developments; rental assistance; correction, 18777 NOTICES Agency information collection activities: Interior Department Proposed collection; comment request, 18738 See Fish and Wildlife Service See Land Management Bureau Food and Drug Administration See Minerals Management Service PROPOSED RULES See National Park Service Animal drugs, feeds, and related products: See Reclamation Bureau Ruminant feed; animal proteins prohibited, 18728–18730 GRAS or prior-sanctioned ingredients: Criteria clarification, 18938–18964 Internal Revenue Service NOTICES PROPOSED RULES Food for human consumption: Income taxes: Food labeling— Foreign tax credit claims; filing requirements Diet plans; marketers guidance, 18774–18775 Hearing, 18730 Human drugs: NOTICES Patent extension; regulatory review period Agency information collection activities: determinations— Proposed collection; comment request, 18830–18831 OXILAN, 18775–18776 International Trade Administration Foreign Agricultural Service NOTICES NOTICES Antidumping: Grants and cooperative agreements; availability, etc.: Brake rotors from— Emerging markets program, 18738 China, 18740–18742 Meetings: Color picture tubes from— World Food Summit; U.S. follow-up actions, 18738– Japan, 18742 18739 Dynamic random access memory semiconductors from— Korea, 18742–18744 Foreign-Trade Zones Board Hot-rolled lead and bismuth carbon steel products from— NOTICES United Kingdom, 18744–18747 Applications, hearings, determinations, etc.: Oil country tubular goods from— Illinois Argentina, 18747–18748 Mobil Oil Corp.; oil refinery complex, 18739–18740 Steel concrete reinforcing bars from— South Dakota, 18740 Turkey, 18748–18749 Countervailing duties: General Services Administration Pure and alloy magnesium from— NOTICES Canada, 18749–18755 Federal Acquisition Regulation (FAR): Applications, hearings, determinations, etc.: Agency information collection activities— University of— Proposed collection; comment request, 18760–18761 Tennessee et al., 18749 Health and Human Services Department Washington University, 18749 See Children and Families Administration See Food and Drug Administration Labor Department See Health Care Financing Administration See Occupational Safety and Health Administration See Health Resources and Services Administration See Pension and Welfare Benefits Administration Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Contents V

Land Management Bureau National Science Foundation NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 18793– Proposed collection; comment request, 18818–18819 18796 National Skill Standards Board Libraries and Information Science, National Commission NOTICES See National Commission on Libraries and Information Hearings; public dialogue, 18819–18820 Science Nuclear Regulatory Commission Library of Congress NOTICES See Copyright Office, Library of Congress Abnormal occurrence reports: Policy statement, 18820–18824 Minerals Management Service Applications, hearings, determinations, etc.: NOTICES Pennsylvania Power & Light Co., 18824–18826 Agency information collection activities: Submission for OMB review; comment request, 18796 Occupational Safety and Health Administration NOTICES Mine Safety and Health Federal Review Commission Grants and cooperative agreements; availability, etc.: See Federal Mine Safety and Health Review Commission Susan Harwood training program, 18799–18801

National Aeronautics and Space Administration Pension and Welfare Benefits Administration NOTICES NOTICES Federal Acquisition Regulation (FAR): Employee benefit plans; prohibited transaction exemptions: Agency information collection activities— General Electric et al., 18801–18803 Proposed collection; comment request, 18760–18761 Operating Engineers Local 150 et al., 18803–18817 United States Trust Co. of New York et al., 18817 National Commission on Libraries and Information Science Pension Benefit Guaranty Corporation NOTICES NOTICES Meetings; Sunshine Act, 18817–18818 Agency information collection activities: Proposed collection; comment request, 18826–18827 National Credit Union Administration NOTICES Physician Payment Review Commission Meetings; Sunshine Act, 18818 NOTICES Meetings, 18827 National Highway Traffic Safety Administration RULES Presidential Documents Motor vehicle safety standards: PROCLAMATIONS Occupant crash protection— Generalized System of Preferences; amendments (Proc. Child restraint systems; air bag warning label on rear- 6988), 19017–19020 facing child seats; modification, 18723–18725 Special observances: Crime Victims’ Rights Week, National (Proc. 6989), National Institute for Literacy 19021–19022 NOTICES Agency information collection activities: Public Health Service Proposed collection; comment request, 18818 See Food and Drug Administration See Health Resources and Services Administration National Oceanic and Atmospheric Administration RULES Reclamation Bureau Fishery conservation and management: NOTICES Alaska; fisheries of Exclusive Economic Zone— Government Performance and Results Act: Gulf of Alaska groundfish, 18725 Strategic plan development, 18797–18798 NOTICES Meetings: Environmental statements; availability, etc.: Bay-Delta Advisory Council, 18798–18799 New Bedford Harbor, MA; restoration plan, 18755–18756 Meetings: Small Business Administration Gulf of Mexico Fishery Management Council, 18756– NOTICES 18757 Disaster loan areas: Permits: Kentucky, 18827 Endangered and threatened species, 18757 Tennessee, 18827–18828 Marine mammals, 18758 Washington, 18828

National Park Service Surface Transportation Board NOTICES NOTICES Meetings: Railroad operation, acquisition, construction, etc.: Gates of Arctic National Park Subsistence Resource DeQueen & Eastern Railroad Co. et al., 18829 Commission, 18796–18797 StatesRail, Inc., 18829 VI Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Contents

Textile Agreements Implementation Committee Part IV See Committee for the Implementation of Textile Department of Health and Human Services; Children and Agreements Families Administration, 18966–19005

Transportation Department Part V See Federal Aviation Administration Department of Transportation; Federal Aviation See National Highway Traffic Safety Administration Administration, 19008–19013 See Surface Transportation Board NOTICES Agency information collection activities: Part VI Submission for OMB review; comment request, 18828– The President, 19017–19020, 19021–19022 18829

Treasury Department Reader Aids See Internal Revenue Service Additional information, including a list of public laws, telephone numbers, reminders, and finding aids, appears in the Reader Aids section at the end of this issue. Separate Parts In This Issue

Part II Federal Communications Commission, 18834–18936 Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Part III numbers, Federal Register finding aids, and a list of Department of Health and Human Services; Food and Drug documents on public inspection is available on 202–275– Administration, 18938–18964 1538 or 275–0920. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 6988...... 19017 6989...... 19021 14 CFR Proposed Rules: 39 (2 documents) ...... 18726 198...... 19008 21 CFR Proposed Rules: 170...... 18938 184...... 18938 186...... 18938 570...... 18938 589...... 18728 26 CFR Proposed Rules: 1...... 18730 29 CFR 2703...... 18705 37 CFR 201...... 18705 40 CFR 52 (3 documents) ...... 18710, 18712, 18716 Proposed Rules: 52...... 18730 47 CFR 1...... 18834 20...... 18834 74...... 18834 90...... 18834 101...... 18834 49 CFR 571...... 18723 50 CFR 679...... 18725 Proposed Rules: 23...... 18731 18705

Rules and Regulations Federal Register Vol. 62, No. 74

Thursday, April 17, 1997

This section of the FEDERAL REGISTER Financial Interest),’’ which superseded LIBRARY OF CONGRESS contains regulatory documents having general the Commission’s rule. See 61 FR applicability and legal effect, most of which 66830–66851, Dec. 18, 1996, as Copyright Office are keyed to and codified in the Code of corrected at 62 FR 1361, Jan. 9, 1997. Federal Regulations, which is published under OGE’s new rule, codified at 5 CFR Part 37 CFR Part 201 50 titles pursuant to 44 U.S.C. 1510. 2640 and made effective January 17, The Code of Federal Regulations is sold by 1997, describes the circumstances under [Docket No. RM 86±7B] the Superintendent of Documents. Prices of which the prohibitions contained in 18 new books are listed in the first FEDERAL U.S.C. 208(a) would be waived. The Cable Compulsory Licenses: Definition REGISTER issue of each week. removal of 29 CFR 2703.3 does not of Cable Systems affect the Commission’s prohibited financial interests rule, codified at 5 AGENCY: Copyright Office, Library of FEDERAL MINE SAFETY AND HEALTH CFR 8401.102. See 61 FR 39869–39870, Congress. REVIEW COMMISSION July 31, 1996. ACTION: Final rule. 29 CFR Part 2703 II. Matters of Regulatory Procedure SUMMARY: The Copyright Office of the Employee Responsibilities and The Commission has determined that Library of Congress is adopting final Conduct the removal of 29 CFR 2703.3 is not regulations recognizing that satellite subject to Office of Management and master antenna television (SMATV) AGENCY: Federal Mine Safety and Health Budget review under Executive Order systems are eligible as cable systems Review Commission. 12866. under section 111 of the Copyright Act ACTION: Removal of rule. The Commission has determined to obtain a compulsory license to under the Regulatory Flexibility Act (5 retransmit broadcast signals to their SUMMARY: The Federal Mine Safety and U.S.C. 601–612) that the removal of 29 subscribers. The regulations provide Health Review Commission is repealing CFR 2703.3 would not have a significant its rule providing an employee guidance as to who should file and how economic impact on a substantial to report distant signals. exemption from application of the number of small entities. Therefore, a financial conflict of interest prohibition Regulatory Flexibility Statement and EFFECTIVE DATE: July 1, 1997. at 18 U.S.C. 208(a). The removal of this Analysis has not been prepared. FOR FURTHER INFORMATION CONTACT: rule is in response to publication by the The Commission has determined that Nanette Petruzzelli, Acting General Office of Government Ethics (OGE) of a the Paperwork Reduction Act (44 U.S.C. Counsel, or Tanya Sandros, Attorney superseding, executive branch-wide rule 3501 et seq.) does not apply because the Advisor, Copyright Office, Library of that describes the circumstances under removal of 29 CFR 2703.3 does not Congress, Washington, D.C. 20540, which the prohibitions contained in 18 contain any information collection (202–707–8380) or Telefax (202–707– U.S.C. 208(a) would be waived. requirements that require the approval 8366). EFFECTIVE DATE: April 17, 1997. of the Office of Management and FOR FURTHER INFORMATION CONTACT: Budget. SUPPLEMENTARY INFORMATION: Norman M. Gleichman, General List of Subjects in 29 CFR Part 2703 Background Counsel, Office of the General Counsel, 1730 K Street, NW, 6th Floor, Conflict of interests, Government Section 111 of the Copyright Act, 17 Washington, DC 20006; telephone: 202– employees. U.S.C., establishes a mechanism by 653–5610 (202–566–2673 for TDD For the reasons set forth in the which cable systems may obtain a Relay). These are not toll-free numbers. preamble, the Federal Mine Safety and compulsory license to make secondary transmissions to their subscribers of SUPPLEMENTARY INFORMATION: Health Review Commission is amending title 29 of the Code of Federal copyrighted works performed on I. Background Regulations as follows: broadcast stations. A compulsory Under the Commission’s rule, license is attractive to users of codified at 29 CFR 2703.3, an PART 2703Ð[AMENDED] copyrighted material because it gives employee’s ownership of shares of them guaranteed access to and a 1. The authority citation for part 2703 guaranteed price for copyrighted works, stock, bonds, or other corporate is revised to read as follows: securities and shares in a mutual fund, and avoids the costs of negotiating with regulated fund, or regulated investment Authority: 5 U.S.C. 7301; 5 CFR 2638.202. each individual copyright owner. As a result, many providers of broadcast company was exempted from § 2703.3 [Removed] application of the financial conflict of signals have sought to qualify as cable 2. Section 2703.3 of 29 CFR is systems under section 111, so that they interest prohibition at 18 U.S.C. 208(a) removed. if the aggregate fair market value of such may obtain a cable compulsory license. holdings did not exceed $5,000 in a Dated: April 10, 1997. Consequently, on October 15, 1986, single enterprise. On December 18, Mary Lu Jordan, the Copyright Office published a Notice 1996, OGE published a final rule Chairman, Federal Mine Safety and Health of Inquiry inviting public comment on entitled ‘‘Interpretation, Exemptions Review Commission. whether satellite master antenna and Waiver Guidance Concerning 18 [FR Doc. 97–9848 Filed 4–16–97; 8:45 am] television systems (SMATV), U.S.C. 208 (Acts Affecting a Personal BILLING CODE 6735±01±P multichannel multipoint distribution 18706 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations systems (MMDS),1 or satellite carriers 1 Communications, Inc., a SMATV argue that Congress intended to draw a qualify as cable systems under section system owner and operator, and distinction between traditional cable 111 of the Copyright Act. 51 FR 36705 National Private Cable Association, an and other retransmission media, such as (Oct. 15, 1986). As part of the inquiry, association of SMATV systems MATV systems (the predecessor systems the Office solicited specific comments operators, equipment manufacturers, to SMATVs, similar in all respects to on how an individual SMATV operation vendors, and program distributors, SMATV systems except without the qualifying as a cable system would file jointly (MaxTel et. al.); capacity to receive satellite statements of account, and on who —Mid-Atlantic Cable, Stellar transmissions) when they exempted would be deemed the owner of a Communications, Inc., TeleCom MATV systems from copyright liability SMATV system. The inquiry concerning Satellite Systems Corp., Telesat in section 111, so long as they SMATV systems was based on the Cablevision, Inc., 21st Century retransmitted only local signals to their following understanding of how a Technology Group, Inc., all SMATV subscribers. Professional Sports SMATV operates: system operators, and National Leagues, reply comments at 7–8. Thus, SMATV systems use TVROs [television Satellite Programming Network, Inc., having afforded MATV systems such an receive-only satellite dish] to receive a provider of programming and exemption, the Professional Sports transmissions via satellite, and a master support services to SMATV systems Leagues argue that the remainder of antenna for receipt of over the air television section 111 is intended to apply to signals. The programming is then combined operators, jointly (Mid-Atlantic et. and distributed by cable to subscribers, al.); traditional cable systems. The primarily in apartment houses and other —the Motion Picture Association of Professional Sports Leagues also argue multi-unit residential buildings. America, Inc. (MPAA), a trade that the section 111 compulsory license 51 FR 36706 (1986). association that represents copyright was based on economic necessity, and After analysis of the comments to the owner-claimants for section 111 that in 1976, traditional cable systems Notice of Inquiry, the Copyright Office royalties; could not exist without the compulsory concluded that SMATV systems could —the National Cable Television license, but such economic necessity qualify as cable systems and issued a Association (NCTA), a cable was not true of MATV systems then, or Notice of Proposed Rulemaking television trade association; SMATV systems now. Reply comments proposing regulations by which SMATV —National CableSystems Associates, at 8. systems could obtain a compulsory (NCSA) owner and operator of 25 This argument was raised in the license to retransmit broadcast signals. SMATV systems in the Atlanta, previous round of comments and 56 FR 31580 (July 11, 1991). At that Georgia area; responded to by the Office in the 1991 time, the Office also acknowledged its —Pepper & Corazzini, a law firm Notice of Proposed Rulemaking where practice of accepting filings from representing independently owned the Office said that the section 111(a)(1) SMATV operators, without ruling on and cable-affiliated SMATV systems; exemption was intended merely to their sufficiency or adequacy, during the —Satellite Television of New York ensure that residents of multiple unit period that the Office considers whether Associates, d/b/a Community Home dwellings had access to local television such filings are appropriate. 56 FR Entertainment, (Community), the signals. 56 FR 31595 (July 11, 1991). 31596 (1991). The Office further advised SMATV operator of Co-Op City, The section 111(a)(1) exemption does those SMATV operators, who had Bronx, New York; not prohibit a master antenna television previously filed Statements of Account —Spectradyne, Inc. (Spectradyne), system from importing distant signals during prior accounting periods without provider of free-to-guest satellite nor does it address the consequences of guidance or knowledge of the new rules, video programming to hotels; and importing distant signals. The Office that they need not amend these filings. —Turner Broadcasting System, Inc. considered that such a system would This understanding, however, does not (TBS), licensee of superstation WTBS, have copyright liability. Whether it preclude any facility from amending its Atlanta, Georgia. must meet that liability through negotiation with the copyright owners prior filings under the new regulations, The Office also received reply after they are issued in final form. or could meet it by obtaining a comments from: compulsory license is the issue, and the Comments —MaxTel, et. al.; fact that Congress gave MATV systems Responding to the proposed —MPAA; an exemption for local retransmissions regulations on the eligibility of SMATV —Major League Baseball, the National does not affect the analysis. systems for the cable compulsory Basketball Association, and the Nor does the Office agree that the license, the Office received direct National Hockey League (the analysis should depend on whether comments from: Professional Sports Leagues); and SMATV systems would still be —NCTA. economically viable without the —Liberty Cable Company, Inc. (Liberty), compulsory license. As the Professional a SMATV system operator in the New Eligibility for the Section 111 Sports Leagues themselves point out, York City area. Compulsory License —MaxTel Cablevision, a SMATV system many cable systems today would be The following commentators agree owner and operator, Western Cable economically viable without the with the Copyright Office’s conclusion compulsory license, but nothing in that SMATV systems qualify as cable 1 On January 29, 1992, the Office concluded its section 111 would render a cable system inquiry into the definition of a ‘‘cable system’’ in systems for section 111 purposes: ineligible because it was economically Docket No. 86–7B and issued a regulation denying Community, Liberty, Maxtel et. al., Mid- sound. The viability of a provider of both ‘‘wireless’’ cable operators and satellite Atlantic et. al., MPAA, NCSA, Pepper & broadcast signals with or without the carriers eligibility for the cable compulsory license. 57 FR 3284 (January 29, 1992). Subsequent to the Corazzini, Spectradyne, and TBS. compulsory license is not the question; issuance of this regulation, Congress passed the NCTA takes no position on the the question is whether Congress Satellite Home Viewer Act of 1994, Public Law question of SMATV eligibility. intended the providers to be included in 103–369, which amended the definition of a ‘‘cable The Professional Sports Leagues system’’ in section 111 to include ‘‘wireless’’ cable section 111. systems, such as the multichannel multipoint oppose the eligibility of SMATV TBS agrees that SMATV systems distribution systems. systems as cable systems because they qualify as cable systems, but disagrees Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18707 with certain aspects of the Copyright for determining the characteristics of a statement of account and remitting Office’s analysis. It argues that the SMATV system. royalties on behalf of a SMATV system Office should not look to whether a Since 1966, the FCC’s definition of a should be the building owner where the particular video provider constitutes a cable system excluded those systems SMATV system is operating, not the ‘‘local medium of limited availability,’’ serving multiple unit dwellings. See, entity that provides the signals and or to whether the FCC has affirmatively Second Report and Order on CATV maintains the facility. approved retransmissions by a Regulation, 2 FCC 2d 725 (1966). These This was proposed for two reasons. particular type of facility, but should excluded systems were apparently First, it was observed that satellite confine itself to addressing whether a originally MATVs (Master Antenna carriers are often the signal providers for SMATV system ‘‘retransmits broadcast Television Systems), but were later a building, and to allow a satellite signals to paying subscribers by wires, thought to include SMATVs. In the 1984 carrier to designate itself as the owner cables, or other communications Cable Act, Congress specifically of the cable system could qualify a channels.’’ TBS, comments at 13–14. In excluded from the definition of a ‘‘cable satellite carrier as a cable system, a other words, TBS argues that the system’’ ‘‘a facility that serves only result contrary to the Office’s Copyright Office should only look at the subscribers in 1 or more multiple unit conclusion that satellite carriers are not section 111 definition of a cable system. dwellings under common ownership, cable systems. However, as the Office has stated control, or management, unless such Second, designating the distributors previously, section 111 must be facility or facilities uses any public of the broadcast signals as the filer construed in accordance with right-of-way * * *.’’ 47 U.S.C. 522(7) might result in lower reported gross Congressional intent and as a whole, not (1984). The House Report to the Cable receipts, because the distributor would just in reference to one particular Act described the exemption as report the rate it charged the building, section. 57 FR 3292 (Jan. 29, 1992). The applying to ‘‘a facility or combination of but not any add-ons, if there were any, Office notes that at the time Congress facilities that serves only subscribers in that the building owner might charge created the cable compulsory license, one or more multiple unit dwellings (in the residents or guests. the FCC regulated the cable industry as other words, a satellite master antenna 1. Concerns About Requiring Building a highly localized medium of limited television system), unless such facility Owners To File availability, suggesting that Congress, or facilities use a public right-of-way.’’ cognizant of the FCC’s regulations and H.R. Rep. No. 934, 98th Cong., 2d Sess. The Office’s question about who the market realities, fashioned a 44 (1984). should be the filer elicited the greatest compulsory license with a local rather Congress modified the section 522(7) amount of discussion from the than a national scope. This being so, the exemption in the Telecommunications commentators. Uniformly, the Act of 1996. The section now exempts Office retains the position that a comments state that the filer should not from the definition of a cable system ‘‘a provider of broadcast signals be an necessarily be the building owner. The facility that serves subscribers without inherently localized transmission media commentators’ greatest concern is that if using any public right-of-way.’’ 47 of limited availability to qualify as a the responsibility to file is placed on the U.S.C. 522(7) (1996). The new cable system. 56 FR 31595 (July 11, building owner, many building owners exemption certainly continues to 1991). will be inclined to avoid the include SMATV systems, but has been responsibility by either replacing the It is therefore the Office’s conclusion, broadened to include other types of after considering the above comments, SMATV system with a traditional cable retransmission facilities such as system or ceasing to provide video that SMATV systems are cable systems wireless cable. for purposes of section 111. programming altogether. These concerns While the Office believes that the were addressed in the comments. See Identifying a SMATV System history of communications regulation of Spectradyne, comments at 3–4; NCSA, SMATV systems is relevant to comments at 6–7; Mid-Atlantic et. al., While the Copyright Office has determining what is a SMATV system, discussed the eligibility of SMATV comments at 4; and Community, we acknowledge that it is not comments at 3–4. systems for the cable compulsory dispositive for the copyright inquiry. license and described how a SMATV We do not believe that the FCC 2. Comments Addressing Copyright system operates in its initial Notice of requirement of not crossing a public Office’s Concerns Inquiry, the Office has chosen not to right-of-way is important for section 111 Many of the commentators who define a SMATV system in its purposes because the distinction only believe the system operator, not the regulations, although SMATV systems determines whether such a facility will building owner, should be the filer, present unique compulsory license be regulated as a cable system for FCC sought to allay the Office’s concerns reporting issues which require purposes, as opposed to defining what about satellite carrier eligibility and the clarification in the Copyright Office’s a SMATV system is or does. potential for underreporting gross rules. None of the commentators raised Consequently, we are identifying as receipts. the issue, suggesting that the nature and SMATV systems only those facilities As to whether satellite carriers that operation of a SMATV system is which receive television signals from distribute signals to SMATV systems generally understood within the satellites and retransmit them to would qualify as cable systems, Pepper industry. We note, too, that the Federal subscribers residing in multiple unit and Corazzini assert, Communications Commission, while dwellings, such as apartment complexes regulating SMATV systems in various and hotels. The satellite carrier would never be in a ways, has never defined a SMATV position to designate itself as the cable system in its regulations. Yet, all parties Party Responsible for Filing the system. Where the owner of a hotel or multi- unit dwelling provides the service itself, it must operate with a common Statement of Account and Remitting Royalties purchases the signals from the satellite understanding as to what is a SMATV carrier or the carrier’s distributor. The system. To this end, the Office believes In the Notice of Proposed satellite carrier does not exercise any control an examination of the FCC regulatory Rulemaking, the Office proposed that or management responsibility over the policy toward SMATV systems is useful the party responsible for filing the SMATV system, nor does the carrier have 18708 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations any contractual privity with the subscribers. service. Second, most property owners comments at 9. MPAA supported this This is true whether the SMATV service is desiring a bulk rate contract do so to increase recommendation. MPAA, reply provided by the hotel or an owner of a multi- occupancy, and thus do not even charge a comments at 16. Similarly, NCSA unit dwelling or by an [sic] SMATV operator. premium for the cable service. Third, recommends defining the filer as ‘‘that Pepper & Corazzini, comments at 5. traditional franchised cable television operators also enter into bulk rate contracts party who both provides the cable TV Similarly, Maxtel et. al. states, with private property owners, in which the service to the ultimate subscriber or It is not the satellite carrier who is the owner can charge the residents a higher fee television viewer and also receives signal distributor to the customers of the than the property owner paid the cable payment from said subscriber or SMATV operator any more than that satellite franchisee for the service. Yet the Copyright television viewer for the service either carrier is the signal distributor to the Office has not found the cable system owner directly or indirectly through a third customers of the traditional franchised cable in that circumstance to be the property owner party.’’ NCSA, comments at 11. television operator. The satellite carrier as opposed to the cable franchisee * * * If Likewise, Pepper & Corazzini merely distributes signals to the headend the Copyright Office wishes to rectify the fact recommends that the filer be ‘‘the entity facility of either the SMATV operator or the that the gross receipts figure will necessarily cable franchisee * * * Contrary to the direct not include any additional charges rendered that is in charge of the operation of the transmission between a satellite carrier and by a property owner authorizing service system and the collection of subscriber an individual single family home TVRO under a bulk rate contract, then the Copyright revenues.’’ Pepper and Corazzini, [television receive-only satellite dish], there Office should adopt regulations applicable to comments at 8. is always an intermediary retransmitter both SMATV operators and cable franchisees. between the satellite carrier and the 4. Discussion subscriber residing within an apartment MaxTel et. al., comments at 7. Mid-Atlantic et. al. argues that the The Office appreciates the concern complex, for example. Thus, the satellite expressed by SMATV system operators carrier would never be designated as the definition of the SMATV system operator can be made flexible enough so that if the building owner is required to owner of the cable system for filing purposes be the filer, some building owners might and the Copyright Office need not be that if there is no additional charge by concerned over any anomaly with its the building owner, the business refuse to take on that responsibility, to determination that ‘‘satellite carriers do not operating the SMATV system is the the detriment of the SMATV system and cannot qualify for the cable compulsory SMATV system operator, but if there is operator. Therefore, the Office agrees license.’’ an additional charge by the building that the building owner who is MaxTel et. al., comments at 5. owner, as reflected in subscription uninvolved with the SMATV system Spectradyne addresses the possibility, agreements with the individual operation may not, in that circumstance, disputed by Pepper & Corazzini and subscribers in the building, then the be the best one to file the statement of MaxTel et. al., that a satellite carrier building owner would be the one account. could both deliver the distant signal and designated in that instance as the In searching for the best solution, the be the SMATV system operator. It SMATV system operator. Mid-Atlantic Office is inclined to agree with NCSA, argues that the Copyright Office’s et. al., comments at 5. that the filer should be the party that concerns can be met in the case of a provides the retransmission service and 3. Commentators’ Recommended satellite carrier which happens also to receives the payment, either through a Definition of Filer be a SMATV operator, because ‘‘the bulk rate charged to the building owner, [compulsory] license would apply only Community recommends that the filer or by individually billing the subscriber, to the SMATV element of the satellite be ‘‘the entity that provides the service or by any other billing arrangement. carrier’s business. In order to be free to the actual subscriber or to the tenant The Office also appreciates the from copyright infringement liability for or unit owner.’’ Community, comments distinction drawn by Spectradyne the remaining portions of its operation at 4. between a satellite carrier acting in its (ground to transponder to ground) the Liberty recommends a definition of capacity as a SMATV system operator satellite carrier would either have to the filer that would allow either the and a satellite carrier acting in its qualify as a passive carrier or negotiate building owner or the SMATV system capacity as the deliverer of the distant copyright licenses. There is no anomaly operator to make the filings and the signal. The Office agrees that the in this.’’ Spectradyne, comments at 5. payments, according to whichever satellite carrier could also be the The commentators also believe that arrangement made sense to the SMATV SMATV system operator for that portion the potential for underreporting the system operator and building operator, of the satellite carrier’s operation for gross receipts can be avoided. provided that the building operator which it performs the functions of a Spectradyne states that ‘‘any fear of could designate an agent to sign the SMATV system operator, but not for the revenue under-reporting can be relieved Statement of Account. Liberty, direct delivery of the distant signals. by imposing on system operators the comments at 1–2. Similarly, Similarly, a building owner could also obligation to report not only amounts Spectradyne recommends ‘‘permitting be a SMATV system operator, if the received by them but the higher of the either the building owner or the system building owner is the one that provides amounts they receive and any amounts operator to file the statement of the retransmission service and collects collected by the hotel operator from account.’’ Spectradyne, comments at 4. the payments from the subscribers. guests for the privilege of viewing the Mid-Atlantic et. al. recommends that Furthermore, the Office acknowledges tier of service at issue.’’ Spectradyne, the filer should be the operator of the the points raised by MaxTel et al. about comments at 6–7. SMATV system, whether that is the bulk rates and the importance of MaxTel et. al. posits three possible building owner or a third party who has ensuring that any rules adopted for situations concerning bulk rates that a contract with the building owner to SMATV system are consistent with the may or may not reflect the total gross provide the service. Mid-Atlantic et. al., Office’s policy toward traditional cable receipts. comments at 2. systems. Therefore, the gross receipts First, most SMATV operators contracting MaxTel et. al. recommends that the that shall be reported shall be those with private property owners do not provide filer should be ‘‘the owner of the collected by the filer, either directly such service on a bulk rate basis, but rather headend facility and the recipient of the from the subscribers or indirectly charge individual subscribers directly for the subscriber revenues.’’ MaxTel et. al., through a third party. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18709

In no case shall gross receipts for the requires newly constructed cable received a request from NCTA to SMATV facility be less than the cost of systems to pay 3.75% rate royalties even address its petition to reinterpret section obtaining the signals of primary though they were never subject to the 111(f) to provide that two or more cable broadcast transmitters for subsequent FCC’s distant signal rules. NCTA, reply systems would have to be in contiguous retransmission by the SMATV facility. comments at 1–3. communities under common ownership As a result, if the building owner is the The Office’s main goal in and control and operating from one SMATV system operator because he or administering section 111 is to headend before they would be required she provides the retransmission service, implement Congress’ intent. Congress to file as one individual cable system. but does not charge his or her residents, recently addressed the issue of how to The Office responded to NCTA’s tenants, or guests, because it is a ‘‘free’’ apply the definition of a cable system to petition by stating that the issue was service, the building owner, new technologies when it amended being addressed in another rulemaking nonetheless, reports as gross receipts the section 111(f) to include multichannel proceeding and would not be examined amount that he or she pays the satellite multipoint distribution service systems, here. 56 FR 31596 (July 11, 1991). carrier for the cost of bringing in the otherwise known as MMDS or ‘‘wireless However, several commentators broadcast signals. cable,’’ as cable systems. Satellite Home submitted comments on a related issue Calculation of Royalties for Form 3 Viewer Act of 1994, Public Law 103– asking what constitutes ‘‘contiguous SMATV Systems 369, 108 Stat. 3477. Congressional communities’’ in the context of SMATV intent is manifest in both the Senate and systems. In the Notice of Proposed House reports. The Senate report stated: Rulemaking, the Office stated that Pepper & Corazzini argues that SMATV systems that file as Form 3 The committee intends ‘‘wireless’’ cable because most SMATV systems do not systems—those grossing $292,000 or and traditional wired cable systems to be use the public rights-of-way, by their placed on equal footing with respect to their very nature, they are stand alone more per semiannual accounting royalty obligations under the cable period—would be required to comply compulsory license, so that one not have an operations and are not contiguous with with the signal carriage and market unfair advantage over the other due to each other, even when they are in the quota regulations applied by the FCC to differences in their regulatory status under same community. Pepper & Corazzini cable systems when making their FCC rules. The committee expects the believe they should be considered royalty calculations, even though Copyright Office, in applying section 111 to contiguous only when they are SMATV systems that did not use the ‘‘wireless’’ cable systems, should treat physically on adjoining properties or are public rights-of-way were not, in fact, ‘‘wireless’’ cable systems as if they were interconnected by wire or radio. Pepper subject to such regulations. subject to the same FCC rules and regulations & Corazzini, comments at 7. These This proposal is supported by MPAA that are applicable to wired cable systems. comments are supported by MaxTel et and NCTA, who each argued that if Sen. Rep. 407, 103d Cong., 2nd Sess., at al. MaxTel, reply comments at 3–4. SMATV systems are to qualify as cable 14 (1994). MPAA and NCTA disagree with systems, they should be treated the Similarly, the House Report stated, Pepper & Corazzini and MaxTel et al. same way as traditional cable systems. Because the purpose of this legislation is They both argue that SMATV systems MPAA, reply comments at 16–17; to place wired and wireless cable systems on should be treated the same way as cable NCTA, comments at 2. a level playing field, in calculating the fees systems and that the same interpretation This proposal is opposed by payable by wireless systems, reference of contiguous communities should Community. Community argues that the should be made to the same FCC rules that apply. NCTA proposes that the Office Copyright Office is bound to follow the would be applicable if the system were wired, e.g., the distant signal quota rules for should require commonly owned or law, and that, under FCC rules, SMATV controlled SMATV systems to be systems not using the public rights-of- purposes of determining whether the 3.75% of gross receipts rate is applicable. considered a single cable system when way were not subject to distant signal they are located in the same or quotas. Therefore, the Copyright Office H. R. Rep. 703, 103d Cong., 2nd Sess., contiguous communities, or when they may not impose 3.75% rate charges for at 19 (1994). operate from the same headend. NCTA, signals that SMATV systems were Any reliance that Community believes comments at 2–3. MPAA supports permitted to import before 1981. should be placed on the 1984 opinion NCTA’s proposal. MPAA, reply Furthermore, Community states that it letter from the Office’s General Counsel comments at 16. received an opinion letter from the is now clearly superseded by this General Counsel of the Copyright Office expression of Congress’ intent. The Copyright Office agrees with in 1984 confirming Community’s Therefore, the Office will require Form MPAA and NCTA that Congress’ intent interpretation of the law. Community, 3 SMATV systems to calculate their is to treat new technologies on the same comments at 2–3, Attachment C. distant signal royalties on the same basis as traditional cable systems. It In reply, NCTA argues that the basis as traditional cable systems. would be inequitable if a SMATV Copyright Office is not so restrained as system operator, serving several Community asserts, and that the Office Commonly Owned or Controlled buildings within a community, were may make common sense responses to SMATV Systems in Contiguous considered to be operating separate problems that arise during the Communities and SMATV Systems cable systems, while a cable operator in implementation of section 111, so long Operating From the Same Headend that same community serving several as those responses are not inconsistent Section 111(f) states that for purposes non-adjoining households is considered with congressional intent. NCTA of determining the royalty fee, two or a single system. believes it is logical for the Office to more cable systems in contiguous Therefore, the Office concludes that a conclude that since Congress intended communities under common ownership SMATV system operator is a single new technologies to be eligible for the or control, or operating from one cable system when it serves multiple cable license, it did not intend to treat headend, shall be considered as one unit dwellings in the same community these new technologies more favorably system. or in contiguous communities, using than traditional cable systems. Finally, In the Notice of Proposed political boundaries to determine when NCTA notes that the Copyright Office Rulemaking, the Office stated that it had communities are contiguous. 18710 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations

Accordingly, the Copyright Office and State Implementation Plan. The Oxides and Carbon Monoxide from the Library of Congress adopts the revisions concern rules from the Bay Industrial, Institutional, and following rules. Area Air Quality Management District Commercial Boilers, Steam Generators, (BAAQMD). This approval action will and Process Heaters; Regulation 9, Rule List of Subjects in 37 CFR Part 201 incorporate five rules into the Federally 8, Nitrogen Oxides and Carbon Cable compulsory license, Cable approved SIP. The intended effect of Monoxide Emissions from Stationary systems, Satellite master antenna approving these rules is to regulate Internal Combustion Engines; television systems. emissions of oxides of nitrogen (NOX) in Regulation 9, Rule 9—Nitrogen Oxides Final Regulations accordance with the requirements of the from Stationary Gas Turbines; Clean Air Act, as amended in 1990 Regulation 9, Rule 11—Nitrogen Oxides In consideration of the foregoing, part (CAA or the Act). The rules control NOX and Carbon Monoxide from Utility 201 of 37 CFR, chapter II, is amended emissions from boilers, steam Electric Power Generating Boilers; and in the manner set forth below. generators, process heaters, stationary Regulation 9, Rule 12, Nitrogen Oxides internal combustion engines, stationary PART 201ÐGENERAL PROVISIONS from Glass Melting Furnaces. gas turbines, and glass melting furnaces These BAAQMD rules were adopted in the San Francisco Bay area. EPA has 1. The authority citation for part 201 on September 15, 1993, January 20, evaluated the rules and is taking direct is revised to read as follows: 1993, September 21, 1994, November final action to approve them under Authority: 17 U.S.C. 702. 15, 1995 and January 19, 1994, provisions of the CAA regarding EPA respectively. They were submitted by § 201.17 [Amended] actions on SIP submittals, and SIPs for the State of California on July 23, 1996. national primary and secondary ambient 2. Section 201.17(b)(1) is amended by The rules were found to be complete on air quality standards. The rules are adding ‘‘In no case shall gross receipts January 17, 1997, pursuant to EPA’s being approved into the SIP in be less than the cost of obtaining the completeness criteria that are set forth accordance with the area’s ozone signals of primary broadcast in 40 CFR part 51, Appendix V.1 EPA maintenance plan for redesignation to transmitters for subsequent is taking direct final action to approve attainment. retransmission.’’ after the first sentence. all five rules into the SIP. 3. Section 201.17(b)(2) introductory DATES: This action is effective on June text is amended by adding ‘‘The owner 16, 1997 unless adverse or critical Background of each individual cable system on the comments are received by May 19, 1997. last day of the accounting period If the effective date is delayed, a timely On November 15, 1990, the Clean Air covered by a Statement of Account is notice will be published in the Federal Act Amendments of 1990 (CAA) were responsible for depositing the Statement Register. enacted. Pub. L. 101–549, 104 Stat. 2399, codified at 42 U.S.C. 7401–7671q. of Account and remitting the copyright ADDRESSES: Copies of the rules and royalty fees.’’ after the third sentence. EPA’s evaluation report for each rule are The air quality planning requirements 4. Section 201.17(e)(2)(i) is amended available for public inspection at EPA’s for the reduction of NOX emissions by adding ‘‘The ‘‘owner’’ of the cable Region IX office during normal business through reasonably available control system is the individual or entity that hours. Copies of the submitted rules are technology (RACT) are set out in section provides the retransmission service and available for inspection at the following 182(f) of the CAA. On November 25, collects payment from the end user locations: 1992, EPA published a notice of proposed rulemaking entitled ‘‘State either directly or indirectly through a Rulemaking Office (AIR–4), Air Implementation Plans; Nitrogen Oxides third party.’’ after the first sentence. Division, U.S. Environmental Supplement to the General Preamble; Dated: April 3, 1997. Protection Agency, Region IX, 75 Clean Air Act Amendments of 1990 Marybeth Peters, Hawthorne Street, San Francisco, CA Implementation of Title I; Proposed Register of Copyrights. 94105. Rule,’’ (the NOX Supplement) which Environmental Protection Agency, Air Approved By: describes the requirements of section Docket (6102), 401 ‘‘M’’ Street, S.W., James H. Billington, 182(f). The November 25, 1992 Washington, D.C. 20460. The Librarian of Congress. California Air Resources Board, document should be referred to for [FR Doc. 97–9919 Filed 4–16–97; 8:45 am] Stationary Source Division, Rule further information on the NOX BILLING CODE 1410±31±P Evaluation Section, 2020 ‘‘L’’ Street, requirements and is incorporated into Sacramento, CA 95814. this document by reference. Section Bay Area Air Quality Management 182(f) of the Clean Air Act requires ENVIRONMENTAL PROTECTION District, Rule Development Section, States to apply the same requirements to AGENCY 939 Ellis Street, San Francisco, CA major stationary sources of NOX 94109. (‘‘major’’ as defined in section 302 and 40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: section 182 (c), (d), and (e)) as are applied to major stationary sources of [CA 179±0029a; FRL±5697±1] Andrew Steckel, Rulemaking Office (AIR–4), Air Division, U.S. volatile organic compounds (VOCs), in Approval and Promulgation of State moderate or above ozone nonattainment Environmental Protection Agency, 2 Implementation Plans; California State Region IX, 75 Hawthorne Street, San areas. Implementation Plan Revision; Bay Francisco, CA 94105, Telephone: (415) Area Air Quality Management District 744–1185. 1 EPA adopted the completeness criteria on February 16, 1990 (55 FR 5830) and, pursuant to AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: section 110(k)(1)(A) of the CAA, revised the criteria Agency (EPA). on August 26, 1991 (56 FR 42216). Applicability 2 The San Francisco Bay Area was designated as ACTION: Direct final rule. a moderate nonattainment area for ozone, and This document addresses EPA’s direct classified by operation of law pursuant to sections SUMMARY: EPA is taking direct final final action for the following BAAQMD 107(d) and 181(a) upon the date of enactment of the action on revisions to the California rules: Regulation 9, Rule 7, Nitrogen CAA. See 56 FR 56694 (November 6, 1991). Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18711

Section 182(b)(2) requires submittal of contingency measures in its ozone 34 tons per day of NOX emissions upon RACT rules for major stationary sources maintenance plan as a requirement for full implementation. EPA has evaluated of VOC emissions (not covered by a pre- redesignation to attainment. Since being the submitted rules and has determined enactment control technique guidelines redesignated to attainment of the ozone that they are consistent with the CAA, (CTG) document or a post-enactment standard,3 the Bay Area has recorded EPA regulations and EPA policy. CTG document) by November 15, 1992. violations of the Federal ozone Therefore, all five rules are being There were no NOX CTGs issued before standard, therefore triggering the approved under section 110(k)(3) of the enactment and EPA has not issued a contingency measures of the CAA as meeting the applicable CTG document for any NOX category maintenance plan. In accordance with requirements of section 110(a) and part since enactment of the CAA. The RACT the redesignation maintenance plan, D. rules covering NOX sources and and at the request of the BAAQMD, EPA Nothing in this action should be submitted as SIP revisions are expected is incorporating the NOX measures into construed as permitting or allowing or to require final installation of the actual the SIP. The BAAQMD resubmitted the establishing a precedent for any future NOX controls by May 31, 1995 for those contingency measures being acted on in implementation plan. Each request for sources where installation by that date this document on July 23, 1996. This revision to the State implementation is practicable. action encompasses part of the measures plan shall be considered separately in NOX emissions contribute to the identified in the plan as contingency light of specific technical, economic, production of ground level ozone and measures. and environmental factors and in smog. The five BAAQMD rules control EPA Evaluation and Action relation to relevant statutory and emissions of NOX from commercial and regulatory requirements. industrial boilers, steam generators, and In determining the approvability of a EPA is publishing this document process heaters; stationary internal NOX rule, EPA must evaluate the rule without prior proposal because the combustion engines; stationary gas for consistency with the requirements of Agency views this as a noncontroversial turbines; electric power generating the CAA and EPA regulations, as found amendment and anticipates no adverse boilers; and glass melting furnaces. The in section 110, and part D of the CAA comments. However, in a separate rules were adopted as part of the and 40 CFR part 51 (Requirements for document in this Federal Register BAAQMD’s efforts to achieve the Preparation, Adoption and Submittal of publication, the EPA is proposing to National Ambient Air Quality Standard Implementation Plans). The EPA approve the SIP revision should adverse for ozone, as well as to satisfy the interpretation of these requirements, or critical comments be filed. This mandates of the California State Clean which forms the basis for this action, action will be effective June 16, 1997, Air Act requirements. They were appears in the NOX Supplement and unless, by May 19, 1997, adverse or submitted in response to the CAA various EPA policy guidance 4 critical comments are received. requirements cited above. documents. Among these provisions is If the EPA receives such comments, However, subsequent to the complete the requirement that a NOX rule must, this action will be withdrawn before the submittal of the BAAQMD NOX rules at a minimum, provide for the effective date by publishing a pursuant to the CAA, the district implementation of RACT for stationary subsequent document that will applied for an exemption from the NOX sources of NOX emissions. However, withdraw the final action. All public RACT requirements pursuant to section because these measures are being comments received will then be 182(f)(3). The BAAQMD’s exemption incorporated into the SIP as addressed in a subsequent final rule request was submitted along with maintenance measures for the area’s based on this action serving as a amendments to the BAAQMD’s request redesignation plan, the rules are not proposed rule. The EPA will not being evaluated for meeting the RACT for redesignation to attainment of the institute a second comment period on emission limits pursuant to section ozone standard. The basis for the this action. Any parties interested in 182(f) of the CAA. Rather, the rules are BAAQMD’s exemption request was that commenting on this action should do so the area had achieved the ozone being incorporated into the SIP as at this time. If no such comments are standard, as demonstrated by three attainment maintenance measures for received, the public is advised that this years of monitoring data, without ozone. They are therefore being action will be effective June 16, 1997. having implemented the NOX measures. evaluated against the emissions While the BAAQMD had adopted and reductions committed to in the Regulatory Process submitted the measures in response to maintenance plan, and SIP Unfunded Mandates both the State and Federal requirements, enforceability guidelines. the emission reductions obtained by the EPA is approving these measures, Under Sections 202, 203, and 205 of rules would not occur until full although some areas for improvement the Unfunded Mandates Reform Act of implementation in the future. The have been identified. Refer to the 1995 (‘‘Unfunded Mandates Act’’), district was able to demonstrate with technical support document, dated signed into law on March 22, 1995, EPA three years of monitoring data that the January 24, 1997, for further analysis of must undertake various actions in Federal ozone standard was reached the rules and areas identified for association with proposed or final rules without having implemented the NOX improvement. The BAAQMD rules will that include a Federal mandate that may control measures. Subsequently, EPA strengthen and maintain the SIP and result in estimated costs of $100 million evaluated the exemption request and together are estimated to achieve 32.4– or more to the private sector or to State, published an approval for the local, or tribal governments in the 3 BAAQMD’s petition for a NOX RACT See 60 FR 27028 (May 22, 1995). aggregate. exemption on May 22, 1995 (60 FR 4 Among other things, the pre-amendment Through submission of this State guidance consists of those portions of the proposed 27028). post-1987 ozone and carbon monoxide policy that implementation plan revision, the State While the BAAQMD was no longer concern RACT, 52 FR 45044 (November 24, 1987); and any affected local or tribal required to submit NOX RACT rules and ‘‘Issues Relating to VOC Regulation Cutpoints, governments have elected to adopt the pursuant to section 182(b)(2), the Deficiencies, and Deviations, Clarification to program provided for under part D of Appendix D of November 24, 1987 Federal Register BAAQMD incorporated several of the Notice’’ (Blue Book) (notice of availability was the Clean Air Act. These rules may bind previously submitted NOX rules as published in the Federal Register on May 25, 1988). State, local, and tribal governments to 18712 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations perform certain actions and also require Enforcement Fairness Act of 1996, EPA ENVIRONMENTAL PROTECTION the private sector to perform certain submitted a report containing this rule AGENCY duties. The rules being approved by this and other required information to the action will impose no new requirements U.S. Senate, the U.S. House of 40 CFR Part 52 because affected sources are already Representatives and the Comptroller [RI±6972a; FRL±5711±1] subject to these regulations under State General of the General Accounting law. Therefore, no additional costs to Office prior to publication of the rule in Limited Approval and Limited State, local, or tribal governments or to today’s Federal Register. This rule is Disapproval of Implementation Plans; the private sector result from this action. not a ‘‘major rule’’ as defined by 5 Rhode Island EPA has also determined that this direct U.S.C. 804(2). final action does not include a mandate AGENCY: Environmental Protection that may result in estimated costs of List of Subjects in 40 CFR Part 52 Agency (EPA). $100 million or more to State, local, or ACTION: Final rule. tribal governments in the aggregate or to Environmental protection, Air the private sector. pollution control, Hydrocarbons, SUMMARY: The EPA is issuing a limited Incorporation by reference, approval, limited disapproval action on Regulatory Flexibility Act Intergovernmental relations, Oxides of State Implementation Plan (SIP) Under the Regulatory Flexibility Act, nitrogen, Ozone, Reporting and revisions submitted by the State of 5 U.S.C. 600 et seq., EPA must prepare recordkeeping requirements, Volatile Rhode Island. The SIP revisions consist a regulatory flexibility analysis organic compounds. of the State’s 15 Percent Rate of Progress assessing the impact of any proposed or (ROP) Plan and contingency plan. The final rule on small entities. 5 U.S.C 603 Note: Incorporation by reference of the 15 percent ROP and contingency plans and 604. Alternatively, EPA may certify State Implementation Plan for the State of were submitted to satisfy CAA that the rule will not have a significant California was approved by the Director of provisions that require ozone economic impact on a substantial the Federal Register on July 1, 1982. nonattainment areas classified as number of small entities. Small entities Dated: February 6, 1997. moderate and above to devise plans to include small businesses, small not-for- Felicia Marcus, reduce volatile organic compound profit enterprises, and government Regional Administrator. (VOC) emissions 15 percent by 1996 entities with jurisdiction over when compared to a 1990 baseline. populations of less than 50,000. Part 52, chapter I, title 40 of the Code DATES: This rule is effective May 19, SIP approvals under section 110 and of Federal Regulations is amended as 1997. follows: subchapter I, part D of the CAA do not ADDRESSES: Copies of the documents create any new requirements, but PART 52Ð[AMENDED] relevant to this action are available for simply approve requirements that the public inspection during normal State is already imposing. Therefore, business hours, by appointment, at the because the Federal SIP-approval does 1. The authority citation for Part 52 continues to read as follows: Office of Ecosystem Protection, not impose any new requirements, I Environmental Protection Agency, certify that it does not have a significant Authority: 42 U.S.C. 7401–7671q Region I, One Congress Street, 11th impact on affected small entities. Floor, Boston, Massachusetts, 02203, Moreover, due to the nature of the Subpart FÐCalifornia and at the Rhode Island Department of Federal-State relationship under the Environmental Management, Division of CAA, preparation of a regulatory 2. Section 52.220 is amended by Air Resources, 291 Promenade Street, flexibility analysis would constitute adding paragraph (c)(239)(i)(D) to read Providence, Rhode Island, 02908–5767. Federal inquiry into the economic as follows: Persons interested in examining these reasonableness of State action. The CAA § 52.220 Identification of Plan. documents should make an forbids EPA to base its actions appointment with the appropriate office concerning SIPs on such grounds. * * * * * at least 24 hours before the visiting day. Union Electric Co. v. U.S. E.P.A., 427 (c) * * * FOR FURTHER INFORMATION CONTACT: U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. Robert F. McConnell, Air Quality section 7410(a)(2). (239) * * * (i) * * * Planning Unit, EPA Region I, JFK Executive Order 12866 Federal Building, Boston, (D) Bay Area Air Quality Management Massachusetts, 02203; telephone (617) This action has been classified as a District. Table 3 action for signature by the 565–9266. Regional Administrator under (1) Regulation 9, Rule 7, adopted on SUPPLEMENTARY INFORMATION: On procedures published in the Federal September 15, 1993; Regulation 9, Rule October 30, 1996 (61 FR 55943), EPA Register on January 19, 1989 (54 FR 8, adopted on January 20, 1993; published a notice of proposed 2214–2225), as revised by a July 10, Regulation 9, Rule 9, adopted on rulemaking (NPR) for the State of Rhode 1995 memorandum from Mary Nichols, September 21, 1994; Regulation 9, Rule Island. One portion of the NPR Assistant Administrator for Air and 11, adopted on November 15, 1995; consisted of a proposed limited Radiation. The Office of Management Regulation 9, Rule 12, adopted on approval, limited disapproval of a and Budget has exempted this January 19, 1994. revision to the Rhode Island SIP establishing a 15 Percent VOC emission regulatory action from review under * * * * * Executive Order 12866. reduction plan and contingency plan. [FR Doc. 97–9946 Filed 4–16–97; 8:45 am] The formal SIP revision was submitted Submission to Congress and the General BILLING CODE 6560±50±W by Rhode Island on March 15, 1994 and Accounting Office updated on May 23, 1994. Under 5 U.S.C. 801(a)(1)(A) as added The 15 Percent and Contingency by the Small Business Regulatory plans submitted by Rhode Island outline Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18713 a strategy to reduce hydrocarbon has not yet proposed a substitute and analyze the emission reduction emissions in the Providence, Rhode program. It is EPA’s understanding that claims made by the state, and made a Island serious nonattainment area. The Rhode Island currently envisions good faith effort to identify all errors at specific components of the State’s plans starting testing of motor vehicles in late that time. A minor discrepancy (0.05 and the rationale for EPA’s proposed 1998 or early 1999, and will most likely tons per day) in the amount of credit action are explained in the NPR and adopt a biennial program. That schedule claimed from plant shutdowns was not will not be restated here. puts the State about one year behind detected at that time, but was noted The Rhode Island Department of virtually all other States that need subsequent to the final submittal by the Environmental Management (DEM) was emission reductions from auto state. the sole commenter on the NPR. Their emissions testing to meet the 15 percent During 1995, EPA finalized a report to comments are contained within a emission reduction requirement. Since Congress on VOC emissions from the November 26, 1996 letter to Susan Rhode Island’s 15% plan relies heavily consumer and commercial product Studlien, Deputy Director, Office of upon the emission reductions from a category. Information contained in that Ecosystem Protection. The region has motor vehicle emission testing program, report allowed EPA to perform a responded fully to the RI–DEM the timeframe for achieving the 15 detailed analysis of the emission comments in a response to comments percent VOC reductions is similarly reductions claimed by Rhode Island memorandum available in the docket for delayed. In an August 1996 from its rule on this emission source this action. A summary of these memorandum from John Seitz and category. That review disclosed that the comments and EPA’s responses appears Margo Oge to the Regional Air Directors, State had overestimated the emission below. EPA articulated that emission reductions likely to result from this rule. Comment—Motor Vehicle Inspection reductions from revised I/M programs EPA agrees that Rhode Island and Maintenance (I/M): The DEM that occur before November, 1999 will correctly calculated the amount of credit acknowledges that implementation of an be allowed to count towards 15% plan likely to occur from the EPA’s pending I/M program has not yet occurred, but emission reductions. The continued AIM rule based on EPA guidance points out that much work has occurred delay by Rhode Island in implementing available at the time of the State’s over the past several years to initiate a motor vehicle emission inspection submittal. However, EPA later revised such a program. The DEM feels that program will make meeting the the emission reduction estimate EPA’s recent flexibility in the design of November 1999 target date increasingly downward based on a better such programs, while laudable, has difficult for the State. understanding of what the provisions of made it difficult to finalize any Comment—Other Deficiencies: The the final rule would be. The DEM could particular program. A brief history of DEM notes that EPA’s proposal have revised its plan in light of the new the State’s efforts in this area is then identifies several minor discrepancies guidance. EPA believes that the best provided. between EPA’s calculation of information available should be used in Response: EPA recognizes the actions appropriate emission reductions and the making determinations on the emission taken to date by Rhode Island with reductions calculated by the State, as reductions within the 15% plan, and regard to the implementation of an I/M described below: therefore feels that the most recent program in the State. However, Rhode 1. Comment—Submittal of Drafts, guidance memorandum on credit from Island has not complied with the AIM Credit: The RI–DEM notes that they the AIM rule is the appropriate tool to requirements of the Clean Air Act and had submitted the regulations relied use to analyze the State’s credit claim. EPA regulations which required that upon within the 15% plan, as well as With regard to delays by EPA in states start such programs by January 1, the 15% plan itself, to EPA in draft processing the State’s SIP, EPA did not 1995. Rhode Island correctly notes that form. EPA reviewed and commented on feel it was appropriate to move forward EPA has been modifying requirements the draft regulations and the draft 15% with an approval or disapproval of to provide greater flexibility to states for plan, and should have identified these Rhode Island’s 15% plan given the I/M programs, and that EPA has allowed minor problems through that process uncertain status of the State’s auto time for states to take advantage of these but did not. Several of the problems emission testing program. EPA chose to new provisions. cited, for example, the lack of inclusion propose disapproval of the State’s plan The National Highway Systems of windshield wiper fluid in the when it became clear that significant Designation Act (NHSDA) provided an consumer and commercial products delays were occurring in the opportunity with a very short time rule, could have easily been addressed implementation of the program. window for states to submit test-and- at that time. Additionally, EPA changed 2. Comment—Air Toxics and Non- repair programs without the penalty the amount of credit states could take Control Technique Guideline (CTG) previously utilized by EPA for due to the EPA’s pending national rule Reductions: The DEM’s comments calculating emissions from such on architectural and industrial reflect that EPA’s only reason for not programs, and in addition provided maintenance (AIM) coatings after Rhode approving the emission reduction credit time for program startup. The states Island submitted its 15% plan. The generated by these programs is that they which took advantage of this DEM feels that the EPA’s delay in have not been submitted to EPA as SIP opportunity are required to start their proposing approval or disapproval of revisions. The DEM notes that since the programs no later than November 15, the State’s plan should not be grounds reductions have occurred, according to 1997 in order for a full two year test for discounting credit due to a revised the Transportation Conformity cycle to occur by November 15, 1999, estimate of the emission reductions Regulation, these deficiencies could be the date for 15% plan compliance. from the pending AIM rule. protected by a protective finding and (There is one NHSDA program that will Response: The DEM’s 15% plan, and should not trigger the transportation not start until 1998, but it has a one year four VOC control regulations relied consequences indicated in the proposed test cycle.) upon in the plan to achieve emission disapproval. Rhode Island did not submit an I/M reductions were submitted in early Response: Section 182(b)(1)(C) of the program under the NHSDA. Rhode 1994. EPA used the best information Clean Air Act requires creditable Island is not implementing the program available at the time drafts of these reductions to be in a State’s currently authorized in the State and documents were submitted to review implementation plan, EPA rules, or 18714 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations

Title V permits. As discussed within the reductions creditable towards the 15% On January 17, 1997, EPA’s Regional proposed action, Rhode Island can reduction. Administrator sent a letter to Governor receive credit from these programs by Comment—Proposed Action, Almond addressing the issue of the incorporating the relevant documents Conformity Lapse: The DEM notes that timing of a conformity lapse. Within into the State’s SIP. EPA’s proposal stipulates that a that letter, EPA notes that once the The DEM’s claim that pursuant to the conformity lapse will occur 120 days proposed revisions to the conformity EPA’s Transportation Conformity after a final disapproval action, and that rule are finalized, Rhode Island will be Regulation these deficiencies could be after the lapse no new project level subject to their provisions, regardless of protected by a protective finding is not conformity determinations may be when the final disapproval action is correct. EPA’s rationale for not made. The DEM agrees that this is published for the State’s 15% plan. proposing to institute a protective consistent with EPA’s current Therefore, if EPA’s conformity rule is finding was based on the failure of the conformity rule, but points out that finalized as it was proposed, and prior state to implement an auto emission under a proposed revision to the EPA’s to the expiration of the 120 day testing program, not on the failure to conformity rule published in July of conformity lapse clock required by the incorporate air toxics and non-CTG 1996, a lapse would be imposed 2 years current conformity rule, a conformity orders into the State’s SIP. The failure after a final disapproval action, and that freeze rather than a lapse will be to implement the auto emission testing a conformity freeze rather than a lapse imposed on the state. If EPA’s program has made the State’s mobile would be imposed 120 days after a final conformity rule is finalized after source emission budget unrealistic, and disapproval action. expiration of the 120 day clock, a lapse therefore a protective finding was not The DEM notes that the 15% plan was would go into effect. The lapse, proposed. submitted in the Spring of 1994, and however, would convert to a freeze once 3. Comment—Basis for Proposed that EPA, by proposing action on the EPA’s conformity rule is finalized, Disapproval: The DEM notes their plan at this point in time, gives the presuming the final conformity rule understanding that based on appearance of attempting to rush the reflects the position on this issue conversations with EPA staff, the non- action through so that a lapse will occur articulated in the proposal. I/M deficiencies noted in the proposed in the State instead of the less punitive disapproval would not of themselves freeze. The DEM feels this is Final Action have led EPA to propose disapproval of inappropriate, particularly in light of The EPA is issuing a limited approval, the State’s 15% plan, and that a the State’s good faith efforts to limited disapproval of the Rhode Island recalculation of the State’s 15% plan implement I/M in the State. 15 Percent ROP and Contingency plans. using updated growth assumptions Accordingly, DEM urges EPA to delay The Rhode Island 15 Percent ROP plan could negate the need for these non- I/ finalizing the disapproval action until will not achieve enough reductions to M reductions. DEM requests that EPA’s the conformity amendments are meet the requirements of section final rule should clearly state that the finalized. DEM, in turn, will continue to 182(b)(1) of the CAA. Additionally, the failure to secure I/M reductions formed move forward with I/M as expeditiously portion of the State’s contingency plan the basis of EPA’s action, and that the as possible, and will introduce I/M consisting of the two VOC control other issues may not be an issue once legislation in January of 1997. The DEM regulations does not meet the the ROP calculations are updated. also pledges to update its 15% plan and requirements of section 172(c)(9) of the Response: EPA agrees that it based its submit a revised plan to the EPA as an CAA. These regulations are triggered proposed disapproval action primarily SIP revision. upon failure of the State to meet ROP on the failure of the State to secure I/ Response: EPA did not propose action requirements, but are not also triggered M reductions. The proposed on Rhode Island’s 15% plan in the fall by failure of the State to attain the disapproval notice contained a table of 1996 in an attempt to ensure that a NAAQS for ozone by the area’s outlining the magnitude of the conformity lapse, rather than a freeze, attainment date as required by section noncreditable emission reductions from occur. Contrary to Rhode Island’s 172(c)(9). In light of these deficiencies, which it can clearly be seen that the suggestion that EPA is hurrying this the EPA cannot grant full approval of failure to achieve reductions from I/M action, EPA has been exceedingly these plan revisions under Section caused the majority of the shortfall. EPA deliberate in its approach to Rhode 110(k)(3) and Part D. also agrees that the other issues may not Island’s 15% plan and I/M program. The However, the EPA may grant a limited be of consequence once the State revises EPA has delayed action on most 15% approval of the submitted plans under its plan. It is possible that the State will plans because most of these plans relied section 110(k)(3) and section 301(a) design and implement an I/M program substantially on the reductions from I/ since the rules making up the 15 Percent that will achieve sufficient reductions to M programs, and most I/M programs Plan and the Contingency Plan will yield an approvable 15% plan without have been delayed. In 1995, EPA revised result in VOC emission reductions and addressing EPA’s issues on the non-I/M its criteria for acceptable I/M programs. will strengthen the SIP. Thus, the EPA elements of the plan. But a great deal The goal of the revised I/M criteria was is issuing a limited approval of the depends on the design and timing of to give states flexibility in the design of Rhode Island 15 Percent Plan and Rhode Island’s I/M program, which is such programs. The NHSDA of 1995 Contingency Plan under sections still so uncertain that EPA cannot outlines the EPA’s revised I/M criteria, 110(k)(3) and 301(a) of the CAA. predict whether Rhode Island will and set a timetable for States to The EPA is also issuing a limited ultimately need to revise the non-I/M implement the revised criteria. Rhode disapproval of the Rhode Island 15 elements of its plan. Additionally EPA Island did not meet this timetable, and Percent plan under sections 110(k)(3) notes that the State’s current intention it was that failure that finally led EPA and 301(a) because the submittal does to revise its 15% plan to incorporate to propose disapproval of Rhode not fully meet the requirements of updated growth assumptions presents Island’s 15% plan. Although EPA hopes section 182(b)(1) of the CAA for the 15 an opportunity for the State to make that Rhode Island is committed to Percent Rate of Progress Plans, and the these minor corrections and to submit implementing I/M, the fact is that the plan does not achieve the required the SIP revisions necessary to make the State is significantly behind similar emission reductions. In addition, the non-CTG and air toxics emission efforts being made by other States. EPA is issuing a limited disapproval of Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18715 the Rhode Island Contingency plan. The EPA has determined that budget is no environmental factors and in relation to plan does not meet the requirements of longer credible. EPA, therefore, is relevant statutory and regulatory sections 172(c)(9) and 182(c)(9) for rescinding the protective finding 1 requirements. contingency measures because the plan, through this final disapproval action. Administrative Requirements if implemented, will not achieve the EPA is notifying the State, the required 3 percent emission reduction. Metropolitan Planning Organizations, A. Executive Order 12866 Additionally, the plan does not fully the U.S. Federal Highway Agency, and This action has been classified as a meet the requirements of section the U.S. Federal Transit Administration Table 3 action for signature by the 172(c)(9) regarding implementation of of the effect of a disapproval action on Regional administrator under the contingency measures if the area’s conformity in Rhode Island. Under the procedures published in the Federal attainment date is not met according to current Transportation Conformity Register on January 19, 1989 (54 FR the schedule outlined within the CAA. Regulations, the conformity status of the 2214–2225), as revised by a July 10, Rhode Island has expressed its transportation plan and transportation 1995 memorandum from Mary Nichols, intention to submit a revised vehicle I/ improvement program shall lapse 120 Assistant Administrator for Air and M program. The additional reductions days after the effective date of EPA’s Radiation. The Office of Management from vehicle I/M may serve to correct final disapproval without a protective and Budget has exempted this action the shortfall identified in this proposed finding, and no new project-level from review under Executive Order Federal Register Action. Alternatively, conformity determinations may be 12866. Rhode Island could implement its made. Furthermore, no new existing I/M program. To gain full transportation plan, TIP, or projects may B. Regulatory Flexibility Act approval of its 15 percent plan, Rhode be found to conform until another Under the Regulatory Flexibility Act, Island will need to submit a revised control strategy implementation plan 5 U.S.C. 600 et seq., the EPA must plan that documents the necessary revision fulfilling the same Clean Air prepare a regulatory flexibility analysis enforceable reductions, such as those Act requirements is submitted, found assessing the impact of any proposed or resulting from a revised I/M program or complete, and conformity to this other enforceable measures, to meet the final rule on small entities (5 U.S.C. 603 submission is determined. and 604). Alternatively, the EPA may 15 percent rate of progress requirements The timeframe for the conformity certify that the rule will not have a and include sufficient contingency lapse, which as discussed above is 120 significant impact on a substantial measures to achieve a 3 percent days after the effective date of EPA’s number of small entities. Small entities reduction. final disapproval action, could be include small businesses, small not-for- Under section 179(a)(2), if the changed by a revision to EPA’s profit enterprises, and government Administrator disapproves a submission conformity rule. On July 9, 1996, EPA entities with jurisdiction over under section 110(k) for an area published (61 FR 36112) a proposed populations of less than 50,000. designated nonattainment based on the rule which would modify the SIP approvals under sections 110 and submission’s failure to meet one or more Transportation Conformity rule. A key 301, and subchapter I, part D of the of the elements required by the Act, the provision contained in the proposal was Clean Air Act do not create any new Administrator must apply one of the a change in the penalty that occurs 120 requirements, but simply approve sanctions set forth in section 179(b) days after a final disapproval action. requirements that the State is already unless the deficiency has been corrected Instead of a lapse, a less punitive imposing. Therefore, because the federal within 18 months of such disapproval. conformity freeze was proposed to occur SIP-approval does not impose any new Section 179(b) provides two sanctions in 120 days. In EPA’s proposed requirements, I certify that it does not available to the Administrator: The conformity rule revision, the more have a significant impact on any small imposition of emission two for one restrictive lapse would be imposed 2 entities affected. Moreover, due to the offset requirements, and loss of certain years after a final disapproval action. nature of the Federal-State relationship highway funding. The 18-month period Therefore, if the conformity rule is under the CAA, preparation of a referred to in section 179(a) will begin finalized as proposed, the conformity regulatory flexibility analysis would on the effective date established in the lapse will take place 2 years from the constitute Federal inquiry into the final limited disapproval action. If the effective date of the final disapproval economic reasonableness of State deficiency is not corrected within 6 action, and a freeze would be imposed action. The Clean Air Act forbids EPA months of the imposition of the first in the period between 120 days and 2 to base its actions concerning SIPs on sanction, the second sanction will years following the effective date of this such grounds. Union Electric Co. v U.S. apply. This sanctions process is set forth action. Rhode Island will ultimately be EPA, 427 US 246, 256–66 (S.Ct. 1976); at 59 FR 39832 (Aug. 4, 1994), to be subject to the provisions contained in 42 U.S.C. 7410(a)(2). codified at 40 CFR 52.31. Moreover, EPA’s final conformity rule. The EPA’s limited disapproval of the within two years of the final Nothing in this proposed rule should State request under sections 110 and disapproval of a required SIP be construed as permitting or allowing 301, and subchapter I, Part D of the CAA submission, the EPA shall promulgate a or establishing a precedent for any does not affect any existing federal implementation plan (FIP) under future request for revision to any SIP. requirements applicable to small section 110(c). Each request for revision to any SIP entities. Any pre-existing Federal On January 18, 1995, the EPA made shall be considered separately in light of requirements remain in place after this a completeness determination on the specific technical, economic, and Rhode Island 15 percent plans with an limited disapproval. Federal approval of the established motor 1 Protective finding means a determination by disapproval of the State submittal does vehicle emission budget for use in EPA that the control strategy contained in a not affect its State-enforceability. transportation conformity submitted control strategy implementation plan Moreover, the EPA’s limited determinations. Because the motor revision would have been considered approvable disapproval of the submittal does not with respect to requirements for emission vehicle emission budget is based to a reductions if all committed measures had been impose any new Federal requirements. significant extent upon an I/M program submitted in enforceable form as required by Clean Therefore, the EPA certifies that this not being implemented by Rhode Island, Air Act section 110(a)(2)(A). limited disapproval action does not 18716 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations have a significant impact on a shall not postpone the effectiveness of submitting a revision to the Rhode substantial number of small entities such rule or action. This action may not Island State Implementation Plan. because it does not remove existing be challenged later in proceedings to 2. Section 52.2084 is amended by requirements, nor does it impose any enforce its requirements. (See section adding paragraph (a)(2) to read as new Federal requirements. 307(b)(2).) follows: C. Unfunded Mandates List of Subjects in 40 CFR Part 52 § 52.2084 Rules and Regulations. Under Sections 202 of the Unfunded Environmental protection, Air * * * * * Mandates Reform Act of 1995 pollution control, Hydrocarbons, (a) * * * (‘‘Unfunded Mandates Act’’), signed Incorporation by reference, Nitrogen (2) Revisions to the State into law on March 22, 1995, EPA must dioxide, Ozone. Implementation Plan submitted by the Rhode Island Department of prepare a budgetary impact statement to Dated: March 8, 1997. Environmental Management on March accompany any proposed or final rule John P. DeVillars, that includes a Federal mandate that 15, 1994. The revisions consist of the Regional Administrator, EPA Region I. may result in estimated costs to State, State’s 15 Percent Plan and Contingency local, or tribal governments in the Part 52 of chapter I, title 40 of the Plan. EPA is disapproving the following aggregate; or to the private sector, of Code of Federal Regulations is amended portions of these SIP submittals: 15 $100 million or more. Under Section as follows: Percent Plan—Emission reductions 205, EPA must select the most cost- claimed from motor vehicle inspection PART 52Ð[AMENDED] effective and least burdensome and maintenance program, non-CTG alternative that achieves the objectives 1. The authority citation for part 52 sources, air toxic sources, and plant of the rule and is consistent with continues to read as follows: closures (0.05 tons per day disapproved statutory requirements. Section 203 out of 0.84 tons claimed). Contingency Authority: 42 U.S.C. 7401–7671q. requires EPA to establish a plan for Plan—a portion of the credit claimed informing and advising any small Subpart OOÐRhode Island from consumer and commercial governments that may be significantly products (0.8 tons per day disapproved or uniquely impacted by the rule. 2. Section 52.2070 is amended by out of 1.9 tons claimed), and a portion EPA has determined that the approval adding paragraph (c)(50) to read as of the credit claimed from AIM coatings action promulgated does not include a follows: (0.5 tons per day disapproved out of 2.4 Federal mandate that may result in tons claimed). § 52.2070 Identification of plan. estimated costs of $100 million or more [FR Doc. 97–9949 Filed 4–16–97; 8:45 am] to either State, local, or tribal * * * * * * BILLING CODE 6560±50±P governments in the aggregate, or to the (c) * * * private sector. This Federal action (50) Revisions to the State approves pre-existing requirements Implementation Plan submitted by the Rhode Island Department of ENVIRONMENTAL PROTECTION under State or local law, and imposes AGENCY no new requirements. Accordingly, no Environmental Management on March additional costs to State, local, or tribal 15, 1994. The revisions consist of the 40 CFR Part 52 governments, or to the private sector, State’s 15 Percent Plan and Contingency [CO±001±0016; FRL±5802±6] result from this action. Plan. EPA is approving only the following portions of these submittals: D. Submission to Congress and the 15 Percent Plan—the EPA is approving Clean Air Act Approval and General Accounting Office the calculation of the required emission Promulgation of PM10 Implementation Plan for Denver, CO Under 5 U.S.C. 801(a)(1)(A) of the reductions, and the emission reduction Regulatory Flexibility Act as added by credit claimed from surface coating, AGENCY: Environmental Protection the Small Business Regulatory printing operations, marine vessel Agency (EPA). Enforcement Fairness Act of 1996, EPA loading, plant closures (0.79 tons per ACTION: Final rule. submitted a report containing this rule day approved out of 0.84 claimed), and other required information to the cutback asphalt, auto refinishing, stage SUMMARY: EPA is approving the State U.S. Senate, the U.S. House of II, reformulated gas in on-road and off- Implementation Plan (SIP) revisions Representatives and the Comptroller road engines, and tier I motor vehicle submitted by the Governor of Colorado General of the General Accounting controls. Contingency Plan—the EPA is for the purpose of bringing about the Office prior to publication of the rule in approving the calculation of the attainment of the national ambient air today’s Federal Register. This rule is required emission reduction, and a quality standards (NAAQS) for not a ‘‘major rule’’ as defined by 5 portion of the emission reduction particulate matter with an aerodynamic U.S.C. 804(2). credits claimed from Consumer and diameter less than or equal to a nominal Commercial products (1.1 tons per day 10 micrometers (PM10) in the Denver E. Petitions for Judicial Review approved out of 1.9 tons claimed), and area. The SIP revisions were submitted Under section 307(b)(1) of the Clean architectural and industrial to satisfy certain Federal requirements Air Act, petitions for judicial review of maintenance (AIM) coatings (1.9 tons for an approvable moderate this action must be filed in the United per day approved out of 2.4 tons nonattainment area PM10 SIP for Denver States Court of Appeals for the claimed). EPA is concurrently and, among other things, contain appropriate circuit by June 16, 1997. disapproving portions of these SIP enforceable control measures. The bulk Filing a petition for reconsideration by submissions, as discussed within of the revisions were submitted on the Administrator of this final rule does § 52.2084(a)(2). March 30, 1995. Revisions to Colorado not affect the finality of this rule for the (i) Incorporation by reference. Regulation No. 13 (oxygenated fuels), purposes of judicial review nor does it (A) Letter from the Rhode Island which is one of the control measures extend the time within which a petition Department of Environmental relied on in the SIP, were adopted by for judicial review may be filed, and Management dated March 15, 1994, the Air Quality Control Commission Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18717

(AQCC) on October 19, 1995 and nonattainment area SIP requirements Denver area (see 59 FR 42300). On submitted to EPA on December 22, (see generally 57 FR 13498 (April 16, August 25, 1994, Colorado submitted 1995. EPA proposed to approve the 1992) and 57 FR 18070 (April 28, additional NSR provisions for precursor March 30, 1995 submission on October 1992)). Because EPA is describing its emissions. EPA took final action on that 3, 1996. On December 6, 1996, EPA interpretations here only in broad terms, SIP submittal on January 21, 1997 (62 published a supplemental proposal to the reader should refer to the General FR 2910). Thus, the State has a fully- approve the Denver PM10 SIP based on Preamble for a more detailed discussion approved NSR permitting program in the October 19, 1995 version of of the interpretations of Title I advanced place for the Denver moderate PM10 Regulation No. 13 rather than the prior in this action and the supporting nonattainment area. version. This action supersedes EPA’s rationale. In this rulemaking action on States were also required to submit July 25, 1994, final limited approval of the Colorado moderate PM10 SIP for the contingency measures for PM10 certain control measures found in the Denver nonattainment area, EPA is moderate nonattainment areas by State’s June 7, 1993 Denver PM10 SIP applying its interpretations considering November 15, 1993. The contingency submittal. the specific factual issues presented. measures for the Denver PM10 DATES This action will become effective Those States containing initial nonattainment area were initially on May 19, 1997. moderate PM10 nonattainment areas submitted by the Governor on December (those areas designated nonattainment 9, 1993. However, those control ADDRESSES: Copies of the State’s under section 107(d)(4)(B) of the Act) measures were later incorporated into submittal and other information are were required to submit, among other the revised March 30, 1995 PM10 SIP to available for inspection during normal things, the following plan provisions by help demonstrate attainment and business hours at the following November 15, 1991: maintenance. Thus, the State developed locations: Environmental Protection 1. Provisions to assure that reasonably new contingency measures, and on Agency, Region VIII, Air Programs, 999 available control measures (RACM) November 17, 1995, the Governor 18th Street, 3rd Floor, South Terrace, (including such reductions in emissions submitted those measures to EPA. EPA Denver, Colorado 80202–2466; Colorado from existing sources in the area as may took direct final rulemaking action on Air Pollution Control Division, 4300 be obtained through the adoption, at a the contingency measures SIP submittal Cherry Creek Dr. South, Denver, minimum, of reasonably available on September 23, 1996 (61 FR 49682). Colorado 80222–1530; and the Air and control technology (RACT)) shall be Because no adverse comments were Radiation Docket and Information implemented no later than December received for the direct final rulemaking, Center, 401 M Street, SW, Washington, 10, 1993; the rule became effective on December D.C. 20460. 2. Either a demonstration (including 23, 1996. FOR FURTHER INFORMATION CONTACT: air quality modeling) that the plan will On June 7, 1993, the Governor Callie Videtich at (303) 312–6434. provide for attainment as expeditiously submitted a SIP for Denver to EPA as practicable but no later than which was intended to satisfy those SUPPLEMENTARY INFORMATION: December 31, 1994, or a demonstration elements due November 15, 1991. On I. Background that attainment by that date is December 20, 1993, EPA proposed to The Denver, Colorado area was impracticable; conditionally approve that SIP and also 3. Quantitative milestones which are designated nonattainment for PM10 and proposed to approve the SIP’s control classified as moderate under sections to be achieved every 3 years and which measures for their limited purpose of 107(d)(4)(B) and 188(a) of the Act, upon demonstrate reasonable further progress strengthening the Colorado SIP (58 FR enactment of the Clean Air Act (RFP) toward attainment by December 66326). On July 25, 1994, EPA granted Amendments of 1990.1 See 56 FR 56694 31, 1994; and limited approval of the control measures 4. Provisions to assure that the control (Nov. 6, 1991) and 40 CFR 81.306 for the limited purpose of strengthening requirements applicable to major the SIP (59 FR 37698). (specifying PM10 nonattainment stationary sources of PM10 also apply to designation for the Denver metropolitan During review of the technical major stationary sources of PM10 area). The air quality planning information supporting the June 1993 precursors except where the SIP, EPA examined information which requirements for moderate PM 10 Administrator determines that such raised concerns about the accuracy of nonattainment areas are set out in Part sources do not contribute significantly the SIP’s attainment demonstration. The D, Subparts 1 and 4, of Title I of the to PM10 levels which exceed the SIP’s technical support documentation Act. 2 NAAQS in the area. See sections 172(c), suggested that the contribution from The EPA has issued a ‘‘General 188, and 189 of the Act. PM10 ‘‘precursors’’ (i.e., NOX and SO2) Preamble’’ describing EPA’s preliminary Some provisions were due at a later in the base year winter season may have views on how EPA intends to review date. States with initial moderate PM10 been underestimated. Since the SIPs and SIP revisions submitted under nonattainment areas were required to attainment demonstration provided Title I of the Act, including those State submit a new source review (NSR) with that SIP predicted a value of 149.9 submittals containing moderate PM 10 permit program for the construction and µg/m3 over 24 hours, virtually any operation of new and modified major increase in precursor PM10 levels would 1 The 1990 Amendments to the Clean Air Act made significant changes to the Act. See Pub. L. No. stationary sources of PM10 by June 30, result in predicted violations of the 24- 101–549, 104 Stat. 2399. References herein are to 1992 (see section 189(a)). On January 14, hour standard. the Clean Air Act, as amended (‘‘the Act’’). The 1993, the State submitted regulation In the December 20, 1993, proposed Clean Air Act is codified, as amended, in the U.S. revisions for the construction of new rulemaking action, EPA requested Code at 42 U.S.C. 7401, et seq. 2 Subpart 1 contains provisions applicable to and modified major stationary sources. public comment on its proposal to grant nonattainment areas generally and Subpart 4 On August 18, 1994, EPA partially conditional approval of the SIP in light contains provisions specifically applicable to PM10 approved the State’s NSR program for of the precursor issue. EPA reviewed the nonattainment areas. At times, Subpart 1 and the Denver PM10 nonattainment area information submitted during the public Subpart 4 overlap or conflict. EPA has attempted to clarify the relationship among these provisions in because the State had not yet submitted comment period and concluded that the ‘‘General Preamble’’ and, as appropriate, in NSR provisions for sources of PM10 precursors were underestimated by 5.4 3 today’s notice and supporting information. precursors (i.e., NOX and SO2) in the µg/m. Based upon this finding, EPA 18718 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations delayed taking final action on the October 19, 1995 version of Regulation these policies in its approval of the proposed conditional approval to allow No. 13. Denver CO SIP and believes it is the State an opportunity to develop EPA has already approved the reasonable to extend them to the Denver additional controls to offset this October 19, 1995 version of Regulation PM10 SIP. increase. EPA never proceeded with the No. 13 as part of the Denver carbon It must be emphasized that only part conditional approval. On March 30, monoxide (CO) SIP. The acting Regional of the estimated VMT increase is due to 1995, the Governor submitted a SIP Administrator for EPA Region VIII actual growth in traffic in the Denver revision intended to provide controls to signed a Federal Register document region; the rest is due to use of offset the increase in precursor approving the Denver CO SIP on improved methodologies for traffic emissions and provide credible January 31, 1997, but at the time this counting in the region. For this reason, attainment and maintenance document was prepared, that approval EPA believes it is more appropriate to demonstrations. Based on this SIP had not yet been published in the consider the impact of actual growth in revision, EPA proposed approval of the Federal Register. VMT by examining counts based on a consistent methodology, that is, the PM10 SIP on October 3, 1996 (61 FR II. Response to Public Comments 51631). HPMS-based VMT Tracking Program. In On July 18, 1995, and April 22, 1996, EPA received numerous comments on November 1996, Colorado submitted its the Governor submitted additional its proposed approval of the Denver 1996 report of 1995 actual annual VMT, revisions to the SIP which establish PM10 SIP and the PM10 and NOX as required by section 187 of the Act for mobile source emissions budgets for emissions budgets. In this document, CO SIPs. This report showed that actual PM10 and NOX. These budgets are used EPA is addressing only those comments 1995 VMT were 4.4% greater than the under EPA regulations for making submitted on the Denver PM10 SIP. The CO SIP projections and 1.3% greater transportation related conformity comments received regarding the than the most recent revised projection determinations as required by section emissions budgets will be addressed in for 1995. These exceedances are within 176(c) of the Act. EPA’s transportation a later rulemaking action. The the allowable limits of EPA’s VMT conformity rule provides that these comments received on the Denver PM10 Tracking Program guidance for CO SIPs budgets establish a cap on motor SIP and EPA’s responses follow. (5.0% and 3.0% for the respective VMT vehicle-related emissions which cannot 1. The SIP revision fails to contain projections). EPA established these be exceeded by the predicted control measures to limit motor vehicle tolerances in recognition of the transportation system emissions in the emissions from current vehicle miles uncertainty inherent in attempting to future unless the cap is amended by the traveled (VMT) or revised projections of measure actual VMT in a large urban State and approved by EPA as a SIP VMT growth and does not provide for area. Since the most recent reported revision and attainment and attainment. actual annual VMT is within these maintenance of the standard can be As EPA noted in its approval of the allowable tolerances, EPA is not demonstrated. EPA proposed approval Denver CO SIP, the Denver Regional requiring the State to revise either the Council of Governments (DRCOG) of these emissions budgets on October 3, CO or PM10 SIPs. produced revised estimates of daily 1996 along with the Denver PM10 SIP. One other factor that should be noted However, EPA is not taking final action vehicle miles traveled in the summer is that virtually all of the growth in the on the two emissions budgets in order and fall of 1996. In early 1996, DRCOG metro area has occurred not in the to more thoroughly consider comments made some improvements to its downtown area, where the violations of received during the public comment transportation demand model (used for the NAAQS have been monitored, but in period. These emissions budgets are not transportation planning, and to produce outlying portions of the metro area. necessary to meet the Act’s estimates of future VMT and speeds for Thus, EPA would expect that VMT in requirements for moderate PM10 air quality planning purposes) and the downtown area would increase at a nonattainment areas and, therefore, will validated the model with actual 1995 lower rate than VMT for the metro area be addressed in a separate rulemaking. traffic counts recorded in Denver. These as a whole. This is supported by traffic EPA became aware after proposing adjustments led to revised estimates of counts at locations near downtown, approval of the PM10 SIP that the approximately 49 million miles per day which show that traffic in the central version of Regulation No. 13 of traffic in the Denver area (the area increased at a rate of approximately (oxygenated fuels) that was one of the previous modeled estimate had been 2–3% per year between 1990 and 1995, control measures relied on in the approximately 45 million miles per even though DRCOG estimates that Denver PM10 SIP had been replaced by day). The commentor referred to these traffic has increased approximately the October 19, 1995 version of revised estimates and suggested that 4.5% per year region wide. Regulation No. 13. The Governor EPA should disapprove the SIP on this 2. Enforceability requirements of the submitted this version to EPA as a SIP basis, or conditionally approve the SIP Act are not satisfied for some control revision on December 22, 1995. The and request that the State submit measures. EPA and the State lack October 19, 1995 version eliminates the additional controls. enforcement authority for woodburning last two weeks from the program and EPA believes that the increases in control measures relied on in the SIP. calls for a 3.1% program rather than a VMT are not sufficient to warrant The commentor indicates that 2.7% program. On December 6, 1996 (61 revisions to the PM10 SIP or its although the State’s woodburning FR 64647) EPA published a disapproval. EPA believes that it is program requires that certification supplemental document that, among reasonable to allow some margin of programs for new or replaced stoves be other things, proposed to approve the error for VMT projections in attainment enforced through local building codes, Denver PM10 SIP with the October 19, demonstrations. This is because these there is no provision for enforcement by 1995 version of Regulation No. 13 projections are by their nature inexact. the State in the event the local substituted for the prior version. EPA For CO SIPs, EPA has recognized this in government fails to adopt the received no comments regarding this the General Preamble and other certification requirement or fails to aspect of the supplemental document guidance (see 57 FR 13532 and Section enforce the code. In fact, Regulation No. and is proceeding with its approval of 187 VMT Forecasting and Tracking 4, Section II.A, prohibits the sale of the Denver PM10 SIP based on the Guidance, January 1992). EPA applied wood stoves that do not meet the Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18719 emission standards of 40 CFR corridor. Bus service to the airport has based on network modeling. EPA’s 60.532(b)(1) or (2). There is no been implemented, and there are no guidance generally advises states to use exemption in the regulation for areas current plans to discontinue it. The the best tools they have available. with local prohibitions. Thus, the State discount bus pass programs mentioned Neither EPA’s inventory nor SIP has the ability to directly enforce the in the SIP have proven quite popular, guidance is written in such a way as to certification program for woodburning helping to ensure their continuation. It advance the state of the art of VMT stoves. And, because this provision will seems more reasonable for the SIP to modeling in areas required to prepare be part of the SIP, EPA and citizens will assume that these RTD activities would SIPs or to require these areas to address also be able to enforce it. continue than to assume they would be every identifiable shortcoming with For new and remodeled woodburning terminated. their particular modeling techniques. fireplaces, it is true that local building States are authorized to base SIP Regarding the commentor’s assertions codes and ordinances serve as the emission inventories on reasonable about VMT growth since the SIP was primary mechanism for implementation assumptions regarding the makeup of submitted, the reader should refer to and enforcement. However, Section VIII the transportation network in future EPA’s response, above, regarding this of Regulation No. 4 requires the local years. Most of the inputs to the issue. jurisdictions to implement and enforce transportation modeling process 5. The regional network. One the local codes and ordinances. The represent informed assumptions, commentor stated that the DRCOG State has the authority to enforce this including the extent and location of regional transportation network could requirement for implementation and population and employment, speeds, not be properly used for SIP purposes enforcement. (See 25–7–115(l)(a), mode choice, and participation in trip- because of inaccurate assumptions made C.R.S.) Because this requirement is reduction activities. The impacts of within the modeling regarding whether being approved by EPA, EPA and these assumptions by their nature are certain projects would or would not be citizens will also have the ability to impractical to make enforceable; there built. enforce it. Also, it appears that because are no mechanisms through which the The commentor specifically noted these local codes and ordinances have SIP can force population growth to that the construction of the final been adopted as part of the SIP, the occur in one area and not another, or segment of E470 was not included in State may have the ability to enforce can force citizens to participate in DRCOG’s long-range transportation them directly pursuant to 25–7–128(l), carpools or ride the bus. Likewise, modeling, ostensibly because funding C.R.S. EPA is approving them as part of assumptions about the future was not available for that project, while the SIP, which will enable EPA and transportation network are reflected in several light rail projects were included citizens to enforce them. the transportation data used to generate in the modeling even though funding for For any local jurisdiction that has not the inventory, but are not practical to those projects is not certain. However, adopted the relevant provisions for make enforceable. Each transportation none of these projects were intended to fireplaces into a building code or project in the transportation plan and be completed during the timeframe of ordinance as of January 1, 1993, Section Transportation Improvement Program the SIP’s attainment and maintenance VII.A of Regulation No. 4 prohibits the (TIP) would have to be included in the demonstrations (i.e., by the end of installation of a fireplace unless it is of SIP, and the SIP would have to be December 1998) and are not included in a type specified in Section VII.A. The revised each time a new plan and TIP the SIP modeling. Thus, EPA’s approval State may enforce this requirement. were generated. Also, many projects of the SIP is not affected in any way by Because EPA is approving this which do not reduce VMT still have a the implementation or delay of these requirement, EPA and citizens will also localized benefit for air quality such as projects. have the ability to enforce it. the E470 beltway, which reduces CO in The commentor also states that its 3. VMT reduction measures are not the central metro area. However, it ALTLOP—alternative list of projects— adopted measures and are not would be inappropriate to include a would have produced lesser growth in enforceable. VMT- and emissions-generating project PM10 than DRCOG’s list of projects. EPA One commentor mentioned that like E470 in an SIP as a control measure. notes that it cannot substitute its several programs and projects 4. Modeling. One commentor judgement for the State’s or DRCOG’s administered by the Regional criticized the accuracy of DRCOG’s regarding which projects or controls to Transportation District (RTD) in Denver transportation modeling, and cited implement as long as the Act’s were included in the SIP modeling, but concerns from Environmental Defense requirements are met. The SIP were not adopted as transportation Fund’s Michael Replogle. The demonstrates attainment and control measures and/or made commentor did not supply a copy of Mr. maintenance of the PM10 standard with enforceable. These projects include Replogle’s testimony and EPA does not the mix of projects selected by DRCOG. RTD’s MAC light rail line, bus service have it in its possession. Thus, EPA has 6. Monitoring and air sampling. A to Denver International Airport, and no basis to respond to specific concerns commentor indicated that further three discount/free bus pass programs. Mr. Replogle might have had. However, information would be forthcoming All of these programs have been EPA believes the transportation relating to continuity of monitoring, implemented, and the SIP’s assumption modeling for the SIP was adequate and siting of monitors and whether tire wear that these activities would continue to consistent with EPA guidance. EPA’s particles are properly accounted for. be implemented seems reasonable to guidance (Procedures for Preparing EPA did not receive any further EPA. The MAC light rail line is a vital Emissions Projections, EPA–450/4–91– information on this subject and so has transportation link to downtown and 019, July 1991) establishes minimum no basis upon which to respond. It serves as the starting point for a second criteria for network modeling which should be noted that Colorado’s State- line proceeding down the southwest DRCOG has met. In fact, DRCOG has wide SIP, which includes the Denver corridor, which has been approved and exceeded guidance requirements, which monitoring network, was reviewed and is under development, and a proposed would allow the use of less robust approved by EPA on September 23, third line in the southeast corridor, methods than network modeling. For 1993 (see 58 FR 49434) as meeting the which is currently being evaluated as example, the New York City CO SIP requirements of 40 CFR Parts 53 and 58, part of a Major Investment Study in that (which EPA has also approved) was not and the appendices to Part 50. 18720 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations

7. Conformity. One commentor makes August 5, 1993, September 3, 1993, Corporation 4, Rocky Mountain Bottle comments under this heading that go to September 21, 1993, October 20, 1993, Company, Conoco Refinery, and Adolph the validity of the SIP. The commentor December 12, 1993, January 19, 1994, Coors Brewery. The State’s submission 3 suggests that a value of 149.9 µg/m is December 23, 1994, March 3, 1995, and demonstrates attainment of the PM10 too close to the NAAQS of 150 µg/m3 to November 8, 1995. NAAQS by December 31, 1994, with be considered attainment, particularly It should be noted that the March 30, continued maintenance of the standard when the projections used to effect this 1995 submission, in addition to through December 31, 1997. razor thin margin are acknowledged to including new control measures, also A more detailed discussion of the have been ‘‘low’’. Regarding the 149.9 relies on control measures to which EPA individual source contributions and µg/m3 value, EPA regulations dictate granted limited approval on July 25, their associated control measures that this value is considered attainment 1994 (59 FR 37698). The current action (including available control technology) of the standard. See 40 CFR 50.6 and granting full approval to the PM10 SIP can be found in the Technical Support Part 50, Appendix K. By ‘‘projections’’, supersedes EPA’s limited approval. To Document accompanying EPA’s October EPA assumes the commentor is referring avoid confusion, EPA is referencing in 3, 1996 proposed approval of the Denver to the VMT projections relied on for the the regulatory materials that are part of moderate PM10 nonattainment area SIP attainment and maintenance this document both new provisions and (61 FR 51631). As noted elsewhere in demonstrations. As explained in provisions to which EPA gave limited this action, EPA received comments on response to another comment, above, approval in its July 25, 1994 action. the proposed action to approve the the difference between estimates of These later provisions include portions Denver PM10 SIP. EPA believes that the actual VMT and projections of VMT of Regulation No. 1 and Regulation No. responses set forth in this action contained in the SIP falls within a 4 that, through administrative error, adequately address the comments and is reasonable margin of error and does not EPA inadvertently failed to reference in proceeding with the approval as warrant a revision to or disapproval of the incorporation by reference section of proposed. the SIP. The reader should refer to the the July 1994 action. To correct this EPA has reviewed this request for comment and response, above, for a clerical error, EPA is now incorporating revision of the federally-approved SIP more complete discussion of this issue. all of Regulation No. 4, and all of for conformance with the provisions of The last sentence of the commentor’s Regulation No. 1 except Section V. As the Act. EPA has determined that this comment appears to relate to the noted in EPA’s action of December 3, action conforms to those requirements. emissions budgets. EPA is not acting on 1986 (51 FR 43610), the sources subject Nothing in this action should be the budgets in this action and will defer to Section V of Regulation No. 1 are no construed as permitting or allowing or its response until it acts on the budgets. longer operating, and thus, there is no establishing a precedent for any future 8. Other. One commentor endorsed reason to act on Section V. request for revision to any SIP. Each EPA’s proposed approval of the Denver EPA is approving the control request for revision to any SIP shall be element of the PM10 SIP, citing air strategies that are relied upon in the considered separately in light of specific quality monitoring data collected since March 30, 1995 submission as well as technical, economic, and environmental 1992 that is below the current standard the attainment and maintenance factors and in relation to relevant as evidence that the plan is working. demonstrations contained therein. EPA statutory and regulatory requirements. This comment requires no response. views the following measures as IV. Executive Order (EO) 12866 III. This Action reasonable, enforceable, and responsible This action has been classified as a for PM EPA is approving the SIP revisions 10 emissions reductions in the Table 3 action for signature by the submitted by the Governor of Colorado Denver PM10 nonattainment area: (1) Regional Administrator under the for the purpose of bringing about the Colorado Regulation No. 4 which procedures published in the Federal regulates residential wood burning; (2) attainment of the NAAQS for PM10. The Register on January 19, 1989 (54 FR revisions were submitted to satisfy local woodburning ordinances and 2214–2225), as revised by a July 10, certain federal requirements for resolutions; (3) Colorado Regulation No. 1995 memorandum from Mary Nichols, 16 which establishes street sanding and moderate PM10 nonattainment areas. Assistant Administrator for Air and The bulk of the revisions were adopted sweeping requirements; (4) the federal Radiation. The Office of Management by the AQCC on October 20, 1994 with tailpipe standards, which provide an and Budget has exempted these an amendment on December 15, 1994 ongoing benefit due to fleet turnover, regulatory actions from EO 12866 and were submitted by the Governor on and Colorado Regulations 11, 12, and 13 review. March 30, 1995. However, revisions to which were developed by the State and Regulation No. 13 (oxygenated fuels) approved by EPA independently from V. Regulatory Flexibility were adopted by the AQCC on October the PM10 SIP but are included because Under the Regulatory Flexibility Act, 19, 1995 and submitted to EPA on of their particulate emission reduction 5 U.S.C. 600 et. seq., EPA must prepare December 22, 1995. EPA is basing its benefit; (5) Colorado Regulation No. 1, a regulatory flexibility analysis approval of the PM10 SIP on this which provides stationary source assessing the impact of any proposed or October 19, 1995 version of Regulation emission control regulations for final rule on small entities (5 U.S.C. 603 No. 13 rather than the version relied on particulates, smokes, carbon monoxide and 604). Alternatively, EPA may certify in the March 30, 1995 submission. Also, and sulfur oxides 3; and (6) individual 4 the State submitted a number of stationary source permit revisions for Permit changes for TRIGEN achieve PM10 SIP technical support documents to EPA Public Service Company Cherokee precursor emission reductions to accommodate facility, Purina Mills, Electron precursor emission increases at the Rocky Mountain after the original June 7, 1993 PM10 SIP Bottle facility (formerly the Coors Glass Plant). submittal that explain or are relied on Corporation, TRIGEN—Colorado Energy While these revisions to the emissions limits are by the March 30, 1995 submittal and acceptable for meeting RACM/RACT requirements, 3 comprise part of the basis for EPA’s Carbon monoxide is not relevant to the PM10 EPA’s action herein regarding these limits does not SIP. However, EPA is incorporating by reference in any manner relieve these companies of the approval. These documents were Section IX of Regulation No. 1 that relates to CO obligation to comply with any nonattainment NSR submitted on June 8, 1993, June 10, to accurately reflect the reorganization of the permitting requirements that might apply to such 1993, June 25, 1993, July 19, 1993, regulation. changes in emissions limits. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18721 that the rule will not have a significant submitted a report containing this rule on June 8, 1993, June 10, 1993, June 25, impact on a substantial number of small and other required information to the 1993, July 19, 1993, August 5, 1993, entities. Small entities include small U.S. Senate, the U.S. House of September 3, 1993, September 21, 1993, businesses, small not-for-profit Representatives and the Comptroller of October 20, 1993, December 12, 1993, enterprises, and government entities the General Accounting Office prior to January 19, 1994, December 23, 1994, with jurisdiction over populations that publication of the rule in today’s March 3, 1995, and November 8, 1995 are less than 50,000. Federal Register. This rule is not a satisfy those moderate PM10 SIP revision approvals under section ‘‘major rule’’ as defined by 5 U.S.C. nonattainment area SIP requirements 110 and subchapter I, Part D, of the CAA 804(2). due for the Denver PM10 nonattainment do not create any new requirements, but area on November 15, 1991. EPA is VIII. Petitions for Judicial Review simply approve requirements that the approving the SIP. This approval State is already imposing. Therefore, Under section 307(b)(1) of the Act, replaces the previous limited approval because the Federal SIP approval petitions for judicial review of this at 40 CFR 52.320(c)(61). process does not impose any new action must be filed in the United States (i) Incorporation by reference. requirements, EPA certifies that this Court of Appeals for the appropriate (A) Regulation No. 4, ‘‘Regulation on final rule would not have a significant circuit by June 16, 1997. Filing a the Sale of New Woodstoves and the impact on any small entities affected. petition for reconsideration by the Use of Certain Woodburning Appliances Moreover, due to the nature of the Administrator of this final rule does not During High Pollution Days,’’ 5 CCR Federal-State relationship under the affect the finality of this rule for the 1001–6, as adopted by the Air Quality CAA, preparation of a regulatory purposes of judicial review nor does it Control Commission on June 24, 1993, flexibility analysis would constitute extend the time within which a petition effective August 30, 1993. Federal inquiry into the economic for judicial review may be filed, and (B) Local woodburning ordinances reasonableness of State actions. The shall not postpone the effectiveness of and resolutions. CAA forbids EPA to base its actions such rule or action. This action may not (1) Arvada, Colorado. Ordinance concerning SIPs on such grounds. be challenged later in proceedings to number 2451, effective November 2, Union Electric Co. v. U.S.E.P.A., 427 enforce its requirements (see section 1987, regarding woodburning U.S. 246, 256–266 (S. Ct. 1976); 42 307(b)(2)). restrictions. U.S.C. section 7410(a)(2). List of Subjects in 40 CFR Part 52 (2) Aurora, Colorado. Ordinance VI. Unfunded Mandates numbers 87–118 and 92–14, effective Environmental protection, Air May 22, 1987 and May 22, 1992, Under section 202 of the Unfunded pollution control, Hydrocarbons, Mandates Reform Act of 1995 respectively, regarding woodburning Incorporation by reference, restrictions. (‘‘Unfunded Mandates Act’’), signed Intergovernmental relations, Nitrogen into law on March 22, 1995, EPA must (3) Boulder, Colorado. Ordinance dioxide, Particulate matter, Reporting numbers 5007 and 5445, adopted prepare a budgetary impact statement to and record keeping requirements, Sulfur accompany any proposed or final rule November 25, 1986 and April 21, 1992, dioxide, and Volatile organic respectively, regarding woodburning that includes a Federal mandate that compounds. may result in estimated costs to State, restrictions. Dated: February 28, 1997. local, or tribal governments in the (4) Broomfield, Colorado. Ordinance aggregate, or to the private sector, of Jack W. McGraw, number 794, effective November 24, $100 million or more. Under section Acting Regional Administrator. 1988, regarding woodburning 205, EPA must select the most cost- Part 52, chapter I, title 40 of the Code restrictions. effective and least burdensome of Federal Regulations is amended as (5) Denver, Colorado. Ordinance alternative that achieves the objectives follows: numbers 293 and 1018, approved May of the rule and is consistent with 30, 1990 and December 16, 1993, statutory requirements. Section 203 PART 52Ð[AMENDED] respectively, regarding woodburning requires EPA to establish a plan for restrictions. 1. The authority citation for part 52 (6) Douglas County, Colorado. informing and advising any small continues to read as follows: governments that may be significantly Resolution number 991–128, adopted or uniquely impacted by the rule. Authority: 42 U.S.C. 7401–7671q. November 14, 1991, regarding EPA has determined that today’s final woodburning restrictions. Subpart GÐColorado approval action does not include a (7) Englewood, Colorado. Ordinance Federal mandate that may result in 2. Section 52.320 is amended by numbers 31 and 39, passed on July 20, estimated costs of $100 million or more adding paragraph (c)(82) to read as 1992, regarding woodburning to either State, local or tribal follows: restrictions. governments in the aggregate, or to the (8) Federal Heights, Colorado. private sector. These Federal actions § 52.320 Identification of plan. Ordinance number 565, adopted January approve pre-existing requirements * * * * * 5, 1988, regarding woodburning under State or local law, and impose no (c) * * * restrictions. new requirements. Accordingly, no (82) The Governor of Colorado (9) Glendale, Colorado. Ordinance additional costs to State, local or tribal submitted the Denver moderate numbers 2 and 14, adopted January 5, governments, or to the private sector, nonattainment area PM10 State 1988 and effective on October 20, 1992, result from these actions. Implementation Plan (SIP) with a letter respectively, regarding woodburning dated March 30, 1995. The Governor restrictions. VII. Submission to Congress and the submitted revisions to Regulation No. (10) Greenwood Village, Colorado. General Accounting Office 13, one of the control measures relied Ordinance numbers 17 and 9, effective Under 5 U.S.C. 801(a)(1)(A) as added on in the PM10 SIP, on December 22, July 9, 1988 and March 25, 1992, by the Small Business Regulatory 1995. These submittals as well as respectively, regarding woodburning Enforcement Fairness Act of 1996, EPA support documentation submittals made restrictions. 18722 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations

(11) Jefferson County, Colorado. (F) Purina Mills Inc. total PM10 emissions at two electric induction Resolution numbers CC89–873 and emissions limitations at the animal feed furnaces and associated baghouse. CC90–617, dated December 29, 1989 manufacturing facility. (16) Permit 93AR1363–16, effective and August 7, 1990, respectively, (1) Permit 93AD1008–1, effective date date January 12, 1994, regulating regarding woodburning restrictions. October 19, 1993, regulating emissions emissions at two Inducto-Therm electric (12) Lafayette, Colorado. Ordinance at the finished product loadout facility. induction furnaces model #2000/4, number 24; series 1988, effective (2) Permit 93AD1008–2, effective date serial nos. 40102 and 40103, and November 15, 1988, regarding October 19, 1993, regulating emissions associated baghouse. woodburning prohibitions. at the grain receiving facility. (17) Permit 93AR1363–17, effective (13) Lakewood, Colorado. Ordinance (G) Electron Corporation total PM10 date January 12, 1994, regulating numbers 0–86–113 and 0–92–61, emission limitations at the gray iron emissions from chemicals used in core effective December 1, 1986 and foundry. making process. November 28, 1992, respectively, (1) Permit 93AR1363–1, effective date (18) Permit 93AR1363–18, effective regarding woodburning restrictions. January 12, 1994, regulating emissions date January 12, 1994, regulating (14) Littleton, Colorado. Ordinance at the Table shot blaster and associated emissions at the Loop shakeout and numbers 51 and 26, passed on baghouse. associated baghouse. December 6, 1988 and August 18, 1992, (2) Permit 93AR1363–2, effective date (19) Permit 93AR1363–19, effective respectively, regarding woodburning January 12, 1994, regulating emissions date January 12, 1994, regulating restrictions. at the five grinding booths-stand and emissions at the Floor shakeout and (15) Longmont, Colorado. Ordinance associated baghouse. associated baghouse. number 0–89–1, adopted December 27, (3) Permit 93AR1363–3, effective date (20) Permit 93AR1363–20, effective 1988, regarding woodburning January 12, 1994, regulating emissions date January 12, 1994, regulating restrictions. at the five grinding booths-hand and emissions at the Reclaim sand and (16) Mountain View, Colorado. associated baghouse. associated baghouse. Ordinance number 90–5, approved on (4) Permit 93AR1363–4, effective date (21) Permit 93AR1363–21 effective January 7, 1991, regarding woodburning January 12, 1994, regulating emissions date January 12, 1994, regulating restrictions. at the Muller-25 sand system and emissions at the Sand heater/cooler and (17) Sheridan, Colorado. Ordinance associated baghouse. associated baghouse. numbers 22 and 1, approved October 25, (5) Permit 93AR1363–5, effective date (22) Permit 93AR1363–22, effective 1988 and February 9, 1993, respectively, January 12, 1994, regulating emissions date January 12, 1994, regulating regarding woodburning restrictions. at the Coleman core oven-sand. emissions at the Paint spray booth. (18) Thornton, Colorado. Ordinance (6) Permit 93AR1363–6, effective date (H) TRIGEN-Colorado Energy numbers 2120 and 2194, adopted January 12, 1994, regulating emissions Corporation permit emissions October 28, 1991 and September 28, at the Spinner wheelabrator and limitations at two boilers. 1992, respectively, regarding associated baghouse. (1) Permit 10JE660, effective date woodburning restrictions. (7) Permit 93AR1363–7, effective date February 25, 1997, regulating emissions (19) Westminster, Colorado. January 12, 1994, regulating emissions at the #4 boiler: tangential fired Ordinance numbers 1742 and 2092, at the Sand sile-core room and cogeneration steam boiler. enacted on November 9, 1987 and associated baghouse. (2) Permit 11JE305–1, effective date December 28, 1992, respectively, (8) Permit 93AR1363–8, effective date February 19, 1997, regulating emissions regarding woodburning restrictions. January 12, 1994, regulating emissions at the #5 boiler: tangential fired (C) Regulation No. 16, ‘‘Concerning from pouring of molten iron (casting) cogeneration steam boiler. Material Specifications for, Use of, and and castings cooling. (I) Rocky Mountain Bottle Company Clean-up of Street Sanding Material,’’ 5 (9) Permit 93AR1363–9 effective date emission limitations on three furnaces. CCR 1001–18, as adopted by the Air January 12, 1994, regulating emissions (1) Permit 92JE129–1, effective date Quality Control Commission on at three tumble blast machines and June 29, 1995, regulating emissions at September 22, 1994, effective November associated baghouse. the KTG glass melting furnaces #1, #2 30, 1994. (10) Permit 93AR1363–10, effective and #3. (D) Regulation No. 1, ‘‘Emission date January 12, 1994, regulating (J) Conoco Refinery allowable Control Regulations for Particulates, emissions at two mullers-80A and emission limitations from the refinery. Smokes, Carbon Monoxide, and Sulfur associated baghouse. (1) Permit 90AD524, effective date Oxides for the State of Colorado,’’ 5 CCR (11) Permit 93AR1363–11, effective March 20, 1991, regulating a Tulsa 1001–3, Sections I–IV and VI–IX, and date January 12, 1994, regulating natural gas fired 20MMbtu/hour heater Appendices A and B, as adopted by the emissions at the Casting shakeout hood equipped with low-NOX burners. Air Quality Control Commission on and associated baghouse. (2) Permit 90AD053, effective date August 19, 1993, effective October 20, (12) Permit 93AR1363–12, effective March 20, 1991, regulating process 1993; with revisions to Sections VII and date January 12, 1994, regulating heaters H–10, H–11 and H–27 and VIII, adopted by the Air Quality Control emissions at the Casting-disamatic mold process boilers B4, B6, and B8 all Commission on September 22, 1994, and associated baghouse. burning fuel gas only. effective November 30, 1994. (13) Permit 93AR1363–13, effective (3) Permit 91AD180–3, effective (E) Public Service Company Cherokee date January 12, 1994, regulating December 28, 1992, regulating the three facility SO2 emission limitations for the emissions at the Sand silo-disamatic stage Claus sulfur recovery unit with tail power facility. and associated baghouse. gas recovery unit. (1) Permit 86AD352(1), effective date (14) Permit 93AR1363–14, effective (ii) Additional material. November 13, 1986, regulates SO2 date January 12, 1994, regulating (A) Regional Air Quality Council, emissions at Unit #1. emissions at the Sand silo-air set room ‘‘Guidelines for Reducing Air Pollution (2) Permit 86AD352–2, effective date and associated baghouse. from Street Sanding’’ sets voluntary April 30, 1992, regulates SO2 emissions (15) Permit 93AR1363–15, effective guidelines for public works departments at Unit #4. date January 12, 1994, regulating to follow to reduce the amount of street Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18723 sand applied, and includes is issued, the final rule would respond a slash across it. Flexibility as to the recommendations for increasing the to any comments and would be effective content of the label is not provided; effectiveness of street cleaning upon publication in the Federal thus, additional wording is not operations. Register. permitted. 3. Section 52.332 is amended by DATES: Effective April 11, 1997. On April 2, 1997, Mercedes asked adding paragraph (f) to read as follows: Comments must be received by June 2, NHTSA to amend the warning label for 1997. child restraints that meet certain § 52.332 Moderate PM10 Nonattainment criteria. Mercedes has developed a rear- ADDRESSES: Area Plans. Comments should refer to facing child restraint system that has a * * * * * the docket and notice numbers above device that automatically cuts off the (f) On March 30, 1995, and November and be submitted to: Docket Section, passenger-side air bag in vehicles 17, 1995, the Governor of Colorado National Highway Traffic Safety designed to respond to such a device. Administration, 400 Seventh Street, submitted the moderate PM10 Mercedes intends to market this child nonattainment area plan for the Denver S.W., Washington, D.C. 20590. Docket restraint initially to customers area. The March 30, 1995 submittal was hours are 9:30 a.m. to 4 p.m., Monday purchasing vehicles without rear seats, through Friday. made to satisfy those moderate PM10 and that are equipped with the cutoff nonattainment area SIP requirements FURTHER INFORMATION CONTACT: feature. The cutoff feature makes it due for the Denver PM10 nonattainment possible to safely use a child restraint area on November 15, 1991. The For nonlegal issues: Mary Versailles, system on the front seat of these November 17, 1995 submittal was also Office of Safety Performance vehicles without subjecting the child to Standards, NPS–31 , telephone (202) made to satisfy the PM10 contingency risk of injury from an air bag measure requirements which were due 366–2057. deployment. While NHTSA for Denver on November 15, 1993. For legal issues: Deirdre Fujita, Office of recommends that any child be in the the Chief Counsel, NCC–20, telephone [FR Doc. 97–9948 Filed 4–16–97; 8:45 am] rear seat of a vehicle equipped with one, (202) 366–2992. if Mercedes later installs the cutoff BILLING CODE 6560±50±P Both can be reached at the National feature in vehicles with rear seat, the Highway Traffic Safety Administration, cutoff feature will avoid the risk of 400 Seventh St., S.W., Washington, injury from an air bag deployment if a DEPARTMENT OF TRANSPORTATION D.C., 20590. rear-facing child seat in used on the National Highway Traffic Safety SUPPLEMENTARY INFORMATION: This front seat. Mercedes believes that the Administration document amends Standard No. 213, first statement (‘‘DO NOT place rear- ‘‘Child Restraint Systems,’’ on an facing child seat on front seat with air 49 CFR Part 571 interim basis to modify the air bag bag’’) is inappropriate for child warning label which rear-facing child restraints with a feature to turn off the [Docket No. 74±14; Notice 116] seats are required to bear beginning May air bag. It could also be potentially RIN 2127±AG14 27, 1997. This document also solicits confusing to owners of these vehicles comments on this amendment. The who have such a child restraint, when Federal Motor Vehicle Safety requirement for the label was adopted they have been instructed that the child Standards; Occupant Crash Protection by a November 27, 1996 final rule (61 restraint will automatically deactivate Child Restraint Systems FR 60206),1 which also adopted new the air bag and thus can be used on the warning label requirements for vehicles front seat. The amendment requested by AGENCY: National Highway Traffic with air bags. The labels will help Mercedes would amend the sentence Safety Administration (NHTSA), DOT. reduce the adverse effects of air bags, stating ‘‘DO NOT place rear-facing child ACTION: Interim final rule; request for especially for children, by increasing seat on front seat with air bag’’ by comments. the number of people who place child adding the phrase ‘‘unless air bag is restraints in the rear seat instead of the off.’’ SUMMARY: This document amends front. The statements on the air bag warning Standard No. 213, ‘‘Child Restraint The requirement for the enhanced label were designed to improve the Systems,’’ to modify the air bag warning child seat label is set forth in S5.5.2(k) likelihood that people will read the label which rear-facing child seats are of Standard 213. The requirement label, understand its message, and place required to bear beginning May 27, specifies, among other things, the exact child restraint systems in the rear seat. 1997. This document responds to a content of the message that must be The required phrase ‘‘DO NOT place request from Mercedes-Benz, asking that provided by the label. The message of rear-facing child seat on front seat with the standard allow for additional the label must be preceded by a heading air bag’’ is incomplete and possibly wording in the required text of the label. (‘‘WARNING’’), with an alert symbol, confusing for child restraint systems, NHTSA by this document makes final and state the following: such as the Mercedes system, that on an interim basis the amendment DO NOT place rear-facing child seat automatically deactivate the air bag in requested by Mercedes, which would on front seat with air bag. vehicles, since those child restraints are clarify the warning and which would DEATH OR SERIOUS INJURY can intended for use on and marketed as not lessen the safety of child restraints. occur. appropriate for front seat positions on The agency also solicits comments on The back seat is the safest place for vehicles equipped with complimentary this amendment. Because this air bag cutoff devices. Adding the children 12 and under. Also required for amendment will clarify the required phrase ‘‘unless air bag is off’’ at the end the label is a pictogram showing a rear- warning label and will relieve a of the statement clarifies the message facing child seat being impacted by an restriction currently imposed by the and tailors it more appropriately for a air bag, surrounded by a red circle with standard, NHTSA has determined that it system such as the one offered by is in the public interest to make the 1 Corrected December 4, 1996 (61 FR 64297), Mercedes. Moreover, NHTSA already changes effective immediately on an December 11, 1996 (61 FR 65187), and January 2, permits vehicles that have manual interim basis. Assuming that a final rule 1997 (62 FR 31). cutoff switches for the passenger-side 18724 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations air bag to add the phrase ‘‘unless air bag at the above address both before and information collection associated with is off’’ to the end of a warning about after that date. To the extent possible, this rule. never placing a rear-facing child comments filed after the closing date D. National Environmental Policy Act restraint in the front seat. (S4.5.1(b)(2) of will also be considered. Comments Standard No. 208, as amended received too late for consideration in NHTSA has also analyzed this rule November 11, 1996.) Since NHTSA can regard to the final rule will be under the National Environmental see no diminution of safety resulting considered as suggestions for further Policy Act and determined that it will from this change, the agency tentatively rulemaking action. Comments on the not have a significant impact on the amends the standard to accommodate notice will be available for inspection in human environment. Mercedes’ request. the docket. The NHTSA will continue to E. Executive Order 12612 (Federalism) The following restrictions would be file relevant information as it becomes placed on the ability to add the words. available in the docket after the closing NHTSA has analyzed this rule in The phrase ‘‘unless air bag is off’’ may date, and it is recommended that accordance with the principles and be added to a label on a child restraint, interested persons continue to examine criteria contained in E.O. 12612, and provided that the restraint is equipped the docket for new material. has determined that this rule will not have significant federalism implications with a device that— Those persons desiring to be notified to warrant the preparation of a (a) automatically deactivates the upon receipt of their comments in the Federalism Assessment. passenger-side air bag; and rules docket should enclose a self- (b) activates a telltale light in the addressed, stamped postcard in the F. Civil Justice Reform vehicle that complies with S4.5.4.3 of envelope with their comments. Upon Standard 208. This rule has no any retroactive effect. NHTSA believes these conditions are receiving the comments, the docket Under 49 U.S.C. 30103, whenever a needed to ensure that a rear-facing child supervisor will return the postcard by Federal motor vehicle safety standard is restraint will be safely used on a mail. in effect, a State may not adopt or passenger seat with an air bag. These Regulatory Analyses and Notices maintain a safety standard applicable to conditions reduce the likelihood that a the same aspect of performance which child restraint would be used with an A. Executive Order 12866 and DOT is not identical to the Federal standard, active air bag. Regulatory Policies and Procedures except to the extent that the state Because this amendment clarifies a NHTSA has considered the impact of requirement imposes a higher level of requirement and avoids possible this rulemaking action under E.O. 12866 performance and applies only to confusion resulting from the required and the Department of Transportation’s vehicles procured for the State’s use. 49 labeling, NHTSA finds for good cause regulatory policies and procedures. This U.S.C. 30161 sets forth a procedure for that an immediate amendment of the rulemaking document was not reviewed judicial review of final rules requirement is in the public interest. under E.O. 12866, ‘‘Regulatory Planning establishing, amending or revoking Federal motor vehicle safety standards. Submission of Comments and Review.’’ This action has been determined to be ‘‘nonsignificant’’ That section does not require Interested persons are invited to under the Department of submission of a petition for submit comments on this rule. It is Transportation’s regulatory policies and reconsideration or other administrative requested but not required that 10 procedures. The amendments pertain to proceedings before parties may file suit copies be submitted. in court. All comments must not exceed 15 optional label changes that are minor in pages in length. (49 CFR 553.21). nature. The agency concludes that the List of Subjects in 49 CFR Part 571 impacts of the amendments are so Necessary attachments may be Imports, Motor vehicle safety, Motor appended to these submissions without minimal that a full regulatory evaluation is not required. vehicles. regard to the 15-page limit. This In consideration of the foregoing, limitation is intended to encourage B. Regulatory Flexibility Act NHTSA amends 49 CFR Part 571 as set commenters to detail their primary forth below. arguments in a concise fashion. NHTSA has also considered the If a commenter wishes to submit impacts of this notice under the PART 571ÐFEDERAL MOTOR certain information under a claim of Regulatory Flexibility Act. I hereby VEHICLE SAFETY STANDARDS confidentiality, three copies of the certify that this rule does not have a complete submission, including significant economic impact on a 1. The authority citation for Part 571 purportedly confidential business substantial number of small entities. continues to read as follows: information, should be submitted to the The rule will not impose any new Authority: 49 U.S.C. 322, 30111, 30115, Chief Counsel, NHTSA, at the street requirements or costs on manufacturers, 30117 and 30166; delegation of authority at address given above, and seven copies but instead will permit a manufacturer 49 CFR 1.50. to use an optional label on its child from which the purportedly confidential 2. Section 571.213 is amended by restraint if conditions on the use of the information has been deleted should be revising the introductory text of label are met. Further, since no price submitted to the Docket Section. A S5.5.2(k), revising the introductory text increases are associated with the rule, request for confidentiality should be of paragraph S5.5.2(k)(4), and adding small organizations and small accompanied by a cover letter setting S5.5.2(k)(5), to read as follows: forth the information specified in the governmental units are not be affected agency’s confidential business in their capacity as purchasers of child § 571.213 Standard No. 213, Child information regulation. 49 CFR Part 512. restraints. Restraint Systems. All comments received before the C. Paperwork Reduction Act * * * * * close of business on the comment S5.5.2 * * * closing date indicated above for the In accordance with the Paperwork (k) At the manufacturer’s option, notice will be considered, and will be Reduction Act of 1980 (P.L. 96–511), child restraint systems manufactured available for examination in the docket there are no requirements for before May 27, 1997 may comply with Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Rules and Regulations 18725 the requirements of S5.5.2(k)(4) or DEPARTMENT OF COMMERCE implementing the FMP at subpart H of S5.5.2(k)(5) as appropriate, instead of 50 CFR part 600 and 50 CFR part 679. the requirements of S5.5.2(k)(1)(ii) or National Oceanic and Atmospheric The prohibited species bycatch S5.5.2(k)(2)(ii). Administration mortality allowance of Pacific halibut * * * * * for the GOA trawl deep-water species 50 CFR Part 679 fishery, which is defined at (4) Except as provided in (k)(5) of this [Docket No. 961126334±7025±02; I.D. § 679.21(d)(3)(iii)(B), was established by section, in the case of each child 041497A] the Final 1997 Harvest Specifications of restraint system that can be used in a Groundfish for the GOA (62 FR 8179, rear-facing position and is manufactured Fisheries of the Economic Exclusive February 24, 1997) for the second on or after May 27, 1997, instead of the Zone Off Alaska; Deep-Water Species season, the period April 1, 1997, warning specified in S5.5.2(k)(1)(ii) or Fishery by Vessels Using Trawl Gear in through June 30, 1997, as 300 mt. S5.5.2(k)(2)(ii) of this standard, a label the Gulf of Alaska In accordance with § 679.21(d)(7)(i), that conforms in content to Figure 10 AGENCY: National Marine Fisheries the Administrator, Alaska Region, and to the requirements of S5.5.2(k)(4)(i) Service (NMFS), National Oceanic and NMFS, has determined that the second through S5.5.2(k)(4)(iii) of this standard Atmospheric Administration (NOAA), seasonal apportionment of the 1997 shall be permanently affixed to the outer Commerce. Pacific halibut bycatch mortality surface of the cushion or padding in or allowance specified for the trawl deep- ACTION: Closure. adjacent to the area where a child’s head water species fishery in the GOA has would rest, so that the label is plainly SUMMARY: NMFS is prohibiting directed been caught. Consequently, NMFS is visible and easily readable. fishing for species that comprise the prohibiting directed fishing for the deep-water species fishery by vessels * * * * * deep-water species fishery by vessels using trawl gear in the Gulf of Alaska using trawl gear in the GOA. The (5) If a child restraint system is (GOA). This action is necessary because species and species groups that equipped with a device that the second seasonal bycatch allowance comprise the deep-water species fishery automatically deactivates the passenger- of Pacific halibut apportioned to the are: all rockfish of the genera Sebastes side air bag in a vehicle and activates a deep-water species fishery in the GOA and Sebastolobus, Greenland turbot, telltale light in the vehicle that complies has been caught. Dover sole, Rex sole, arrowtooth with S4.5.4.3 of FMVSS No. 208, the flounder, and sablefish. EFFECTIVE DATE: 1200 hrs, Alaska local label specified in Figure 10 may include time (A.l.t.), April 14, 1997, until 1200 Maximum retainable bycatch amounts the phrase ‘‘unless air bag is off’’ after hrs, A.l.t., July 1, 1997. may be found in the regulations at ‘‘on front seat with air bag.’’ § 679.20(e) and (f). FOR FURTHER INFORMATION CONTACT: * * * * * Thomas Pearson, 907–486–6919. Classification Issued on April 11, 1997. SUPPLEMENTARY INFORMATION: The This action is required by 50 CFR Ricardo Martinez, groundfish fishery in the GOA exclusive 679.21 and is exempt from review under Administrator. economic zone is managed by NMFS E.O. 12866. [FR Doc. 97–9879 Filed 4–11–97; 4:59 pm] according to the Fishery Management Authority: 16 U.S.C. 1801 et seq. BILLING CODE 4910±59±P Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Dated: April 14, 1997. Pacific Fishery Management Council Bruce C. Morehead, under authority of the Magnuson- Acting Director, Office of Sustainable Stevens Fishery Conservation and Fisheries, National Marine Fisheries Service. Management Act. Fishing by U.S. [FR Doc. 97–9961 Filed 4–14–97; 3:29 pm] vessels is governed by regulations BILLING CODE 3510±22±F 18726

Proposed Rules Federal Register Vol. 62, No. 74

Thursday, April 17, 1997

This section of the FEDERAL REGISTER Register on December 2, 1986 (51 FR Issued in Burlington, Massachusetts, on contains notices to the public of the proposed 43383). The proposed rule would have April 8, 1997. issuance of rules and regulations. The amended the existing AD that requires Jay J. Pardee, purpose of these notices is to give interested initial and repetitive inspections of the Manager, Engine and Propeller Directorate, persons an opportunity to participate in the Aircraft Certification Service. rule making prior to the adoption of the final transfer gearbox for radial driveshaft oil rules. distributor looseness and condition of [FR Doc. 97–9882 Filed 4–16–97; 8:45 am] the spirolock. The proposed rule would BILLING CODE 4910±13±U have required a riveted oil distributor, DEPARTMENT OF TRANSPORTATION Part Number (P/N) 335–305–804–0, to DEPARTMENT OF TRANSPORTATION be installed in accordance with CFMI Federal Aviation Administration CFM56–3/–3B Service Bulletin No. 72– Federal Aviation Administration 14 CFR Part 39 253, dated June 27, 1986, as a terminating action to the repetitive 14 CFR Part 39 [Docket No. 86±ANE±13] inspection program. [Docket No. 96±NM±222±AD] RIN 2120±AA64 Since the issuance of the NPRM, the RIN 2120±AA64 manufacturer has advised the Federal Airworthiness Directives; CFM Aviation Administration (FAA) that the International CFM56±3 and ±3B Series Airworthiness Directives; Boeing entire CFM56–3 and –3B fleet has been Turbofan Engines Model 757 Series Airplanes retrofitted with the new riveted oil AGENCY: Federal Aviation distributor, P/N 335–305–804–0, and AGENCY: Federal Aviation Administration, DOT. that there are no oil distributors, P/N Administration, DOT. ACTION: Proposed rule; withdrawal. 335–305–800–0, presently in service, ACTION: Notice of proposed rulemaking nor does the manufacturer plan to (NPRM). SUMMARY: This action withdraws a introduce any into service in the future. notice of proposed rulemaking that SUMMARY: This document proposes the The installation of the riveted oil adoption of a new airworthiness would have added a new airworthiness distributor provides a permanent fix for directive (AD), applicable to CFM directive (AD) that is applicable to oil distributor looseness and eliminates certain Boeing Model 757 series International (CFMI) CFM56–3 and –3B the need for repetitive inspections. The series turbofan engines. That action airplanes. This proposal would require FAA has therefore reviewed its position, proposed to amend an existing AD and one-time inspections to verify proper and has concluded that the proposed would have required the installation of installation and to detect chafing and/or actions are unnecessary. a riveted oil distributor, Part Number (P/ damage of certain rerouted wire N) 335–305–804–0. Since the issuance Accordingly, the proposed rule is bundles; to verify if certain protective of the NPRM, the manufacturer has hereby withdrawn. grommets are installed properly and to detect missing grommets; and various advised the Federal Aviation Withdrawal of this final rule follow-on actions. This proposal is Administration (FAA) that the entire constitutes only such action, and does CFM56–3 and –3B fleet has been prompted by a report of smoke and fire not preclude the agency from issuing in the lower left-hand side of the E1–1 retrofitted with the new riveted oil another notice in the future, nor does it distributor, P/N 335–305–804–0, and rack of the electrical equipment bay due commit the agency to any course of to chafing of wire bundles as a result of that there are no oil distributors, P/N action in the future. 335–305–800–0, presently in service. missing protective grommets. The The FAA has therefore reviewed its Since this action only withdraws a actions specified by the proposed AD position, and has concluded that the notice of proposed rulemaking, it is are intended to prevent chafing of wire proposed actions are unnecessary. neither a proposed nor a final rule and bundles, which could result in smoke Accordingly, the proposed rule is therefore, is not covered under and fire at the E1–1 rack of the electrical withdrawn. Executive Order 12866, the Regulatory equipment bay. FOR FURTHER INFORMATION CONTACT: Flexibility Act, or DOT Regulatory DATES: Comments must be received by Glorianne Messemer, Aerospace Policies and Procedures (44 FR 11034, May 27, 1997. Engineer, Engine Certification Office, February 26, 1979). ADDRESSES: Submit comments in triplicate to the Federal Aviation FAA, Engine and Propeller Directorate, List of Subjects in 14 CFR Part 39 12 New England Executive Park, Administration (FAA), Transport Burlington, MA 01803–5299; telephone Air transportation, Aircraft, Aviation Airplane Directorate, ANM–103, (617) 238–7132, fax (617) 238–7199. safety, Safety. Attention: Rules Docket No. 96–NM– 222–AD, 1601 Lind Avenue, SW., SUPPLEMENTARY INFORMATION: The Withdrawal Renton, Washington 98055–4056. A proposal to amend part 39 of the Comments may be inspected at this Federal Aviation Regulations (14 CFR Accordingly, the Notice of Proposed location between 9:00 a.m. and 3:00 part 39) to supersede an airworthiness Rulemaking, Docket 86–ANE–13, p.m., Monday through Friday, except directive (AD), applicable to CFM published in the Federal Register on Federal holidays. International (CFMI) CFM56–3 and –3B December 2, 1986 (51 FR 43383), is The service information referenced in engines, was published in the Federal withdrawn. the proposed rule may be obtained from Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18727

Boeing Commercial Airplane Group, Investigation revealed the source of wire bundle clamps, if the wire bundles P.O. Box 3707, Seattle, Washington ignition to be electrical arcing caused by are installed improperly; 98124–2207. This information may be chafing of wire bundles, having part 4. Performing a one-time inspection to examined at the FAA, Transport numbers (P/N) W2608 and W4508, at verify if certain protective grommets are Airplane Directorate, 1601 Lind the upper lip of stringer R–23L at installed properly and to detect missing Avenue, SW., Renton, Washington. approximately station 450. These wire grommets, and replacing improperly FOR FURTHER INFORMATION CONTACT: bundles had been improperly routed installed grommets with new grommets Forrest Keller, Senior Aerospace during incorporation of Boeing Alert or installing new grommets, as Engineer, Systems and Equipment Service Bulletin 757–24A0025, dated applicable; Branch, ANM–130S, FAA, Seattle May 10, 1985, and Boeing Service 5. Performing a one-time inspection to Aircraft Certification Office, 1601 Lind Bulletin 757–24A0025, Revision 1, determine if a protective grommet is Avenue, SW., Renton, Washington; dated December 17, 1987. Further installed on the upper edge between the telephone (206) 227–2790; fax (206) investigation revealed that the intercostal and rerouted wire bundles 227–1181. protective grommets on the upper lip of having P/N’s W2608 and W4508, at stringer R–23L were missing on several intercostal R–23L at approximately SUPPLEMENTARY INFORMATION: other Model 757 series airplanes that station 450; and Comments Invited also had been modified in accordance 6. Installing a protective grommet with those service bulletins. These between the wire bundles and Interested persons are invited to protective grommets are intended to intercostal, if no protective grommet is participate in the making of the prevent chafing of the wire bundles. installed. proposed rule by submitting such These conditions, if not corrected, could Accomplishment of the inspections written data, views, or arguments as result in smoke and fire at the E1–1 rack and re-installation of affected wire they may desire. Communications shall of the electrical equipment bay. bundles and protective grommets will identify the Rules Docket number and prevent chafing of the wire bundles, be submitted in triplicate to the address Explanation of Relevant Service which could result in smoke and fire at specified above. All communications Information the E1–1 rack of the electrical received on or before the closing date The FAA has reviewed and approved equipment bay. for comments, specified above, will be Boeing Alert Service Bulletin 757– The replacement and certain grommet considered before taking action on the 24A0025, dated May 10, 1985, and installations would be required to be proposed rule. The proposals contained Boeing Service Bulletin 757–24A0025, accomplished in accordance with the in this notice may be changed in light Revision 1, dated December 17, 1987, service bulletins described previously. of the comments received. which describe, among other things, Certain other installations would be Comments are specifically invited on procedures for replacement of certain required to be accomplished in the overall regulatory, economic, grommets with new grommets or accordance with Boeing Production environmental, and energy aspects of installation of a new grommet, if a Installation Drawing 288N4329. The the proposed rule. All comments certain grommet is improperly installed repair would be required to be submitted will be available, both before or missing. accomplished in accordance with and after the closing date for comments, The FAA has also reviewed and Boeing Standard Wiring Practices in the Rules Docket for examination by Manual 20–10–13. interested persons. A report approved Boeing Production Installation summarizing each FAA-public contact Drawing 288N4329, Revision H, which Cost Impact concerned with the substance of this describes procedures for installation of There are approximately 62 Boeing proposal will be filed in the Rules a protective grommet on the upper edge Model 757 series airplanes of the Docket. of intercostal R–23L at approximately affected design in the worldwide fleet. Commenters wishing the FAA to station 450 between the intercostal and The FAA estimates that 28 airplanes of acknowledge receipt of their comments wire bundles having P/N’s W2608 and U.S. registry would be affected by this submitted in response to this notice W4508. proposed AD, that it would take must submit a self-addressed, stamped Explanation of Requirements of approximately 2 work hours per postcard on which the following Proposed Rule airplane to accomplish the proposed statement is made: ‘‘Comments to actions, and that the average labor rate Docket Number 96–NM–222–AD.’’ The Since an unsafe condition has been is $60 per work hour. The cost of postcard will be date stamped and identified that is likely to exist or required parts would be nominal. Based returned to the commenter. develop on other products of this same on these figures, the cost impact of the type design, the proposed AD would proposed AD on U.S. operators is Availability of NPRMs require the following: estimated to be $3,360, or $120 per Any person may obtain a copy of this 1. Performing a one-time inspection to airplane. NPRM by submitting a request to the verify proper installation and to detect The cost impact figure discussed FAA, Transport Airplane Directorate, chafing and/or damage of the wire above is based on assumptions that no ANM–103, Attention: Rules Docket No. bundles, having P/N’s W4508, W2608, operator has yet accomplished any of 96–NM–222–AD, 1601 Lind Avenue, and W2604, paying particular attention the proposed requirements of this AD SW., Renton, Washington 98055–4056. to the area where the wire bundles are action, and that no operator would routed through the web supports and Discussion accomplish those actions in the future if the area over the upper edge of this AD were not adopted. The FAA has received a report intercostal R–23L; indicating that, during power-up of a 2. Repairing of chafed or damaged Regulatory Impact Boeing Model 757 series airplane, rerouted wire bundles; The regulations proposed herein smoke and fire were coming from the 3. Loosening wire bundle clamps, would not have substantial direct effects lower left-hand side of the E1–1 rack of adjusting wire bundles to achieve on the States, on the relationship the electrical equipment bay. proper clearances, and retightening the between the national government and 18728 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules the States, or on the distribution of accordance with paragraph (b) of this AD. a location where the requirements of this AD power and responsibilities among the The request should include an assessment of can be accomplished. various levels of government. Therefore, the effect of the modification, alteration, or Issued in Renton, Washington, on April 10, in accordance with Executive Order repair on the unsafe condition addressed by 1997. 12612, it is determined that this this AD; and, if the unsafe condition has not Darrell M. Pederson, been eliminated, the request should include proposal would not have sufficient specific proposed actions to address it. Acting Manager, Transport Airplane federalism implications to warrant the Directorate, Aircraft Certification Service. Compliance: Required as indicated, unless preparation of a Federalism Assessment. accomplished previously. [FR Doc. 97–9880 Filed 4–16–97; 8:45 am] For the reasons discussed above, I To prevent chafing of wire bundles, which BILLING CODE 4910±13±U certify that this proposed regulation (1) could result in smoke and fire at the E1–1 is not a ‘‘significant regulatory action’’ rack of the electrical equipment bay, under Executive Order 12866; (2) is not accomplish the following: DEPARTMENT OF HEALTH AND a ‘‘significant rule’’ under the DOT (a) Within 6 months after the effective date HUMAN SERVICES Regulatory Policies and Procedures (44 of this AD, accomplish paragraphs (a)(1), FR 11034, February 26, 1979); and (3) if (a)(2), and (a)(3) of this AD. Food and Drug Administration promulgated, will not have a significant (1) Perform a one-time inspection to verify proper installation and to detect chafing and/ 21 CFR Part 589 economic impact, positive or negative, or damage of the wire bundles, having part on a substantial number of small entities numbers (P/N) W4508, W2608, and W2604. [Docket No. 96N±0135] under the criteria of the Regulatory Pay particular attention to the area where the Flexibility Act. A copy of the draft wire bundles are routed through the web RIN 0910±AA91 regulatory evaluation prepared for this supports and the area over the edge of action is contained in the Rules Docket. intercostal R–23L. Substances Prohibited From Use in A copy of it may be obtained by (i) If the wire bundles are installed Animal Food or Feed; Animal Proteins contacting the Rules Docket at the properly and no chafing or damage is Prohibited in Ruminant Feed; Draft location provided under the caption detected, no further action is required by this Rule; Availability paragraph. ADDRESSES. (ii) If any chafing or damage is detected, AGENCY: Food and Drug Administration, List of Subjects in 14 CFR Part 39 prior to further flight, repair it in accordance HHS. with Boeing Standard Wiring Practices ACTION: Availability of draft rule. Air transportation, Aircraft, Aviation Manual 20–10–13. safety, Safety. (iii) If any wire bundle is installed SUMMARY: The Food and Drug The Proposed Amendment improperly, prior to further flight, loosen the wire bundle clamps, adjust the wire bundles Administration (FDA) is announcing the Accordingly, pursuant to the to achieve proper clearances, and retighten availability of a draft rule that would authority delegated to me by the the wire bundle clamps. provide that animal protein derived Administrator, the Federal Aviation (2) Perform a one-time inspection to verify from mammalian tissues is a food Administration proposes to amend part if all protective grommets identified in additive subject to certain provisions in 39 of the Federal Aviation Regulations Boeing Alert Service Bulletin 757–24A0025, the Federal Food, Drug, and Cosmetic dated May 10, 1985, are installed properly (14 CFR part 39) as follows: Act. The agency is making this draft and to detect missing grommets. If any available because of the complex grommet is improperly installed or missing, scientific and regulatory issues involved PART 39ÐAIRWORTHINESS prior to further flight, replace the grommet DIRECTIVES with a new grommet or install a new regarding transmissible spongiform encephalopathies and ruminant feeds. 1. The authority citation for part 39 grommet, as applicable, in accordance with the alert service bulletin. The agency invites the public to submit continues to read as follows: (3) Perform a one-time inspection to comments with questions and concerns Authority: 49 U.S.C. 106(g), 40113, 44701. determine if a protective grommet is installed about the draft. on the upper edge of intercostal R–23L at DATES: Written comments must be § 39.13 [Amended] approximately station 450 between the received in the Dockets Management intercostal and wire bundles having P/N’s 2. Section 39.13 is amended by W2608 and W4508. If no protective grommet Branch by 4:30 p.m. d.s.t. April 28, adding the following new airworthiness is installed, prior to further flight, install one 1997. directive: between the wire bundles and intercostal, in ADDRESSES: Submit written comments Boeing: Docket 96–NM–222–AD. accordance with Boeing Production to the Dockets Management Branch Applicability: Model 757 series airplanes, Installation Drawing 288N4329, Revision H. (HFA–305), Food and Drug on which Boeing Alert Service Bulletin 757– (b) An alternative method of compliance or Administration, 12420 Parklawn Dr., 24A0025, dated May 10, 1985, and/or Boeing adjustment of the compliance time that rm. 1–23, Rockville, MD 20857, or you Service Bulletin 757–24A0025, Revision 1, provides an acceptable level of safety may be used if approved by the Manager, Seattle may fax the comments to 301–594– dated December 17, 1987, has been 3215. accomplished; excluding variable numbers Aircraft Certification Office (ACO), FAA, NA003, NA004, NA007, NA009, NA010, Transport Airplane Directorate. Operators FOR FURTHER INFORMATION CONTACT: NA012 through NA016 inclusive, and shall submit their requests through an George A. (Bert) Mitchell, Center for NA021; certificated in any category. appropriate FAA Principal Maintenance Veterinary Medicine, Food and Drug Note 1: This AD applies to each airplane Inspector, who may add comments and then Administration, 7500 Standish Pl., identified in the preceding applicability send it to the Manager, Seattle ACO. Rockville, MD 20855, 301–827–5587. Note 2: Information concerning the provision, regardless of whether it has been SUPPLEMENTARY INFORMATION: existence of approved alternative methods of In the modified, altered, or repaired in the area Federal Register of January 3, 1997 (62 subject to the requirements of this AD. For compliance with this AD, if any, may be airplanes that have been modified, altered, or obtained from the Seattle ACO. FR 552), FDA published a proposed rule repaired so that the performance of the (c) Special flight permits may be issued in that would prohibit the use of protein requirements of this AD is affected, the accordance with sections 21.197 and 21.199 derived from ruminant and mink tissues owner/operator must request approval for an of the Federal Aviation Regulations (14 CFR in ruminant feeds. The agency took this alternative method of compliance in 21.197 and 21.199) to operate the airplane to action due to concerns about the Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18729 possible effects if transmissible proteins); and any product whose only Administration to detect the presence of the spongiform encephalopathies, mammalian protein consists entirely of agent that causes TSE’s and whose design has especially bovine spongiform porcine protein. been made available to the public. Products encephalopathy, were to be spread (2) Renderer means any firm or individual found to contain the agent that causes TSE’s that processes slaughter byproducts, animals shall be labeled ‘‘Not for Use in Animal through animal feed. (See the preamble unfit for human consumption, or meat Feed.’’ Records of the test results shall be to the January 3, 1997, proposal for a scraps. The term includes persons who made available for inspection by the Food full discussion of this issue.) After collect such materials and subject them to and Drug Administration; or considering the comments on the minimal processing, or distribute them to (iii) Use exclusively a method for proposal, given the complex issues firms other than renderers (as defined here) controlling the manufacturing process that involved, the agency has decided to whose intended use for the products may minimizes the risk of the TSE agent entering make this draft available to the general include animal feed. The term includes the product and whose design has been made renderers that also blend animal protein public under §§ 10.40(f) and 10.80(d)(2). available to the public and validated by the products. Food and Drug Administration. These provisions allow the agency to (3) Blender means any firm or individual (3) Renderers described in paragraph (c)(1) make this draft available for discussion which obtains processed animal protein from of this section will be exempted from the of questions and concerns about the more than one source or from more than one requirements of paragraph (c)(1)(ii) of this draft. In this instance, FDA is species, and subsequently mixes (blends) or section if they use a permanent method, conducting this discussion by inviting redistributes an animal protein product. approved by FDA, to make a mark indicating written comments with questions and (4) Feed manufacturer includes the presence of the materials. If the marking manufacturers of complete and intermediate is by the use of an agent that cannot be concerns about the draft which will be feeds intended for animals, and includes on- addressed in any final rule that is detected on visual inspection, the renderer farm in addition to off-farm feed must use an agent whose presence can be published. The agency emphasizes that manufacturing and mixing operations. detected by a method that has been validated the draft rule does not represent final (5) Nonmammalian protein includes by the Food and Drug Administration and agency action or the agency’s final proteins from nonmammalian animals. whose design has been made available to the decision on this regulation. (6) Distributor includes distributors of public. Interested persons may, on or before complete and intermediate feeds intended for (d) Requirements for protein blenders, feed April 28, 1997, submit to the Dockets animals. manufacturers, and distributors that are not (7) Ruminant means any member of the included in paragraph (e) of this section. (1) Management Branch (address above) order of animals which has a stomach with Protein blenders, feed manufacturers, and written comments regarding this draft four chambers (rumen, reticulum, omasum, distributors that manufacture, blend, process, rule. Two copies of any comments are and abomasum) through which feed passes in and distribute products that contain or may to be submitted, except that individuals digestion. The order includes, but is not contain protein derived from mammalian limited to, cattle, buffalo, sheep, goats, deer, may submit one copy. Comments are to tissues shall comply with paragraph (c)(1) of be identified with the docket number elk, and antelopes. (b) Food additive status. The Food and this section. found in brackets in the heading of this (2) Protein blenders, feed manufacturers, document. Received comments may be Drug Administration has determined that protein derived from mammalian tissues for and distributors, shall be exempt from seen in the office above between 9 a.m. use in ruminant feed is a food additive paragraphs (d)(1) of this section if they: and 4 p.m., Monday through Friday. subject to section 409 of the Federal Food, (i) Purchase animal products from renderers that certified compliance with Dated: April 15, 1997. Drug, and Cosmetic Act (the act). The use or paragraph (c)(2) of this section or purchase William B. Schultz, intended use in ruminant feed of any material that contains protein derived from such materials from parties that certify that Deputy Commissioner for Policy. mammalian tissues causes the feed to be the materials were purchased from renderers The text of the draft rule is set forth adulterated and in violation of the act, unless that certified compliance with paragraph below: it is the subject of an effective notice of (c)(2); or For the reasons discussed in the claimed investigational exemption for a food (ii) Comply with the requirements of preamble, FDA hereby issues a draft additive under § 570.17 of this chapter. paragraph (c)(2) of this section where rule that would amend 21 CFR part 589 (c) Requirements for renderers that are not appropriate. (3) Protein blenders, feed manufacturers, as follows: included in paragraph (e) of this section. (1) Renderers that manufacture products that and distributors shall be exempt from PART 589ÐSUBSTANCES contain or may contain protein derived from paragraph (c)(1)(ii) of this section if they: mammalian tissues and that are intended for (i) Purchase animal protein products that PROHIBITED FROM USE IN ANIMAL are marked in accordance with paragraph FOOD OR FEED use in animal feed shall take the following measures to ensure that materials identified (c)(3) of this section or purchase such 1. The authority citation for 21 CFR in paragraph (b) of this section are not used materials from renderers that certified compliance with paragraph (c)(3) of this part 589 continues to read as follows: in the feed of ruminants: (i) Label the materials as follows: ‘‘Do not section, or purchase such materials from Authority: Secs. 201, 402, 409, 701 of the feed to cattle or other ruminants’’; and parties that certify that the materials were Federal Food, Drug and Cosmetic Act (21 (ii) Maintain records sufficient to track the purchased from renderers that certified U.S.C. 321, 342, 348, 371). materials throughout their receipt, compliance with paragraph (c)(3) of this 2. New § 589.2000 is added to subpart processing, and distribution and make the section; or B to read as follows: copies available for inspection and copying (ii) Comply with the requirements of by the Food and Drug Administration. paragraph (c)(3) of this section where § 589.2000 Animal proteins prohibited in (2) Renderers described in paragraph (c)(1) appropriate. ruminant feed. of this section will be exempted from the (4) Pet food products that are sold or are (a) Definitions. (1) Protein derived from requirements of paragraphs (c)(1)(i) and intended for sale at retail are exempt from the mammalian tissues means any protein- (c)(1)(ii) of this section if they: labeling requirements in paragraphs (c) and containing portion of mammalian animals, (i) Use exclusively a manufacturing (d) of this section. However, if the pet food excluding: Blood and blood products; gelatin method that has been validated by the Food products are sold or are intended for sale as (including amino acids and dicalcium and Drug Administration to deactivate the distressed or salvage items for possible use in phosphate derived from gelatin); inspected agent that causes transmissible spongiform ruminant feed, then such products shall be and processed meat products which have encephalopathy (TSE) and whose design has labeled in accordance with paragraphs (c) or been cooked and offered for human been made available to the public; (d) of this section, as appropriate. consumption (plate waste and used cellulosic (ii) Use routinely a test method that has (5) Copies of certifications as described in food casings); milk products (milk and milk been validated by the Food and Drug paragraphs (d)(2) and (d)(3) of this section, 18730 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules shall be made available for inspection and and copying by the Food and Drug the hearing and the time they wish to copying by the Food and Drug Administration. devote to each subject. Administration. [FR Doc. 97–10132 Filed 4–15–97; 3:17 pm] Each speaker (or group of speakers (e) Requirements for persons that intend to separate mammalian and nonmammalian BILLING CODE 4160±01±F representing a single entity) will be materials. (1) Renderers, protein blenders, limited to 10 minutes for an oral feed manufacturers, distributors, haulers and presentation exclusive of the time others that manufacture, process, blend and DEPARTMENT OF THE TREASURY consumed by the questions from the distribute both protein products derived from panel for the government and answer mammalian tissues or feeds containing such Internal Revenue Service thereto. products, and protein products from other Because of controlled access animal tissues or feeds containing such 26 CFR Part 1 restrictions, attenders cannot be products, and that intend to keep those products separate shall: [REG±208288±90] admitted beyond the lobby of the Internal Revenue Building until 9:45 (i) Comply with paragraphs (c)(1) or (d)(1) RIN 1545±AP36 of this section as appropriate except that the a.m. labeling requirement shall apply only to Filing Requirements for Returns An agenda showing the scheduling of products derived from mammalian (other the speakers will be made after outlines than pure porcine) tissues or feeds containing Claiming the Foreign Tax Credit; Hearing are received from the persons testifying. such products; Copies of the agenda will be available (ii) In the case of a renderer, obtain AGENCY: Internal Revenue Service (IRS), nonmammalian or pure porcine materials free of charge at the hearing. only from single-species facilities; Treasury. Cynthia E. Grigsby, (iii) Provide for measures to avoid ACTION: Notice of public hearing on Chief, Regulations Unit, Assistant Chief commingling or cross-contamination: proposed rulemaking. Counsel (Corporate). (A) Maintain separate equipment or [FR Doc. 97–9978 Filed 4–16–97; 8:45 am] facilities for the manufacture, processing, or SUMMARY: This document announces a blending of such materials; or hearing on proposed regulations BILLING CODE 4830±01±U (B) Use clean-out procedures or other published on January 13, 1997, which means adequate to prevent carry-over of relates to the substantiation protein derived from mammalian tissues into requirements for taxpayers claiming ENVIRONMENTAL PROTECTION animal protein or feeds that may be used for AGENCY ruminants; and foreign tax credits. DATES: (iv) Maintain written procedures specifying The public hearing will be held 40 CFR Part 52 the clean-out procedures or other means, and on Wednesday, June 18, 1997, beginning specifying the procedures for separating at 10 a.m. Requests to speak and [CA 179±0029b; FRL±5697±2] mammalian (other than pure porcine) outlines of oral comments must be materials from nonmammalian materials received by Monday, May 19, 1997. Approval and Promulgation of State from the time of receipt until the time of ADDRESSES: The public hearing will be Implementation Plans; California State shipment. Implementation Plan Revision; Bay (2) Renderers, blenders, feed held in Room 3313, Internal Revenue manufacturers, and distributors will be Building, 1111 Constitution Avenue, Area Air Quality Management District exempted from appropriate requirements of NW, Washington, DC 20044. Requests to AGENCY: Environmental Protection paragraph (e)(1) of this section, if they meet speak and outlines of oral comments Agency (EPA). the appropriate criteria for exemption under should be mailed to the Internal ACTION: Proposed rule. paragraphs (c)(2) or (c)(3), and paragraphs Revenue Service, P.O. Box 7604, Ben (d)(2) or (d)(3) of this section. (f) Requirements for establishments and Franklin Station, Attn: CC:DOM:CORP:R SUMMARY: EPA is proposing to approve individuals that are responsible for feeding [REG–208288–90], Room 5226, revisions to the California State ruminant animals. Establishments and Washington, DC, 20044. Implementation Plan (SIP) which individuals that are responsible for feeding FOR FURTHER INFORMATION CONTACT: control oxides of nitrogen (NO X) from ruminant animals shall maintain copies of Evangelista Lee of the Regulations Unit, industrial boilers, steam generators, and purchase invoices and labeling for all feeds Assistant Chief Counsel (Corporate), process heaters; stationary internal containing animal protein products received, (202) 622–7190 (not a toll-free number). and make the copies available for inspection combustion engines; stationary gas and copying by the Food and Drug SUPPLEMENTARY INFORMATION: The turbines; electric power generating Administration. subject of the public hearing is proposed boilers; and glass melting furnaces. The (g) Adulteration and misbranding. (1) amendments to the Income Tax intended effect of proposing approval of Animal protein products, and feeds Regulations under section 905 of the these rules is to regulate emissions of containing such products, that are not in Internal Revenue Code. The proposed NO X in accordance with the compliance with paragraphs (c) through (f) of regulations appeared in the Federal requirements of the Clean Air Act, as this section, excluding labeling requirements, Register for Monday, January 13, 1997 amended in 1990 (CAA or the Act). The will be deemed adulterated under section rules are being approved into the SIP in 402(a)(2)(C) or (a)(4) of the act. (62 FR 1700). (2) Animal protein products, and feeds The rules of § 601.601(a)(3) of the accordance with the area’s ozone containing such products, that are not in ‘‘Statement of Procedural Rules’’ (26 maintenance plan for redesignation to compliance with the labeling requirements of CFR Part 601) shall apply with respect attainment. In the Rules section of this paragraphs (c) through (f) of this section will to the public hearing. Persons who have Federal Register, EPA is approving the be deemed misbranded under section submitted written comments within the State’s SIP revision as a direct final rule 403(a)(1) of the act. time prescribed in the notice of without prior proposal because the (h) Inspection; records retention. (1) proposed rulemaking and who also Agency views this as a noncontroversial Records that are to be made available for desire to present oral comments at the action and anticipates no adverse inspection and copying, as required by this section, shall be kept for a minimum of 2 hearing on the proposed regulations comments. A detailed rationale for this years. should submit not later than Monday, approval is set forth in the direct final (2) Written procedures required by this May 19, 1997, an outline of the oral rule. If no adverse comments are section shall be made available for inspection comments/testimony to be presented at received in response to this proposed Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18731 action, no further activity is Date signed: February 7, 1997. Dr. Bruce MacBryde (plant proposals), contemplated in relation to this action. Felicia Marcus, Office of Scientific Authority, at the If EPA receives adverse comments, the Regional Administrator. above address; telephone 703–358– direct final rule will be withdrawn and [FR Doc. 97–9947 Filed 4–16–97; 8:45 am] 1708. all public comments received will be BILLING CODE 6560±50±W SUPPLEMENTARY INFORMATION: addressed in a subsequent final rule based on this proposed rule. The EPA Background will not institute a second comment DEPARTMENT OF THE INTERIOR The Convention on International period on this document. Any parties Trade in Endangered Species of Wild interested in commenting on this action Fish and Wildlife Service Fauna and Flora, hereinafter referred to should do so at this time. as CITES or the Convention, is an DATES: Comments on this proposed rule 50 CFR Part 23 international treaty designed to regulate must be received in writing by May 19, international trade in certain animal and 1997. Foreign Proposals To Amend Appendices to the Convention on plant species which are or may become ADDRESSES: Written comments on this International Trade in Endangered threatened with extinction and are action should be addressed to: Andrew Species of Wild Fauna and Flora listed in Appendices to the Convention. Steckel, Rulemaking Office (AIR–4), Air Currently, 135 countries, including the Division, U.S. Environmental Protection AGENCY: Fish and Wildlife Service, United States, are CITES Parties. CITES Agency, Region IX, 75 Hawthorne Interior. calls for biennial meetings of the Street, San Francisco, CA 94105–3901. ACTION: Notice of amendments to CITES Conference of the Parties, which review Copies of the rules and EPA’s Appendices proposed by foreign its implementation, make provisions evaluation report of each rule are countries and public meeting. enabling the CITES Secretariat in available for public inspection at EPA’s Switzerland to carry out its functions for Region IX office during normal business SUMMARY: The Convention on the Parties, consider amendments to the hours. Copies of the submitted rules are International Trade in Endangered list of species in Appendices I and II, also available for inspection at the Species of Wild Fauna and Flora (CITES consider reports presented by the following locations: or Convention) regulates international Secretariat, and make recommendations Environmental Protection Agency, Air trade in certain animals and plants. for improving the effectiveness of the Docket (6102), 401 ‘‘M’’ Street, S.W., Species for which trade is controlled are Convention. The tenth regular meeting Washington, D.C. 20460. listed in Appendices I, II, and III to of the Conference of the Parties (COP10) California Air Resources Board, CITES. Any country that is a party to will be held in Harare, Zimbabwe, June Stationary Source Division, Rule CITES may propose amendments to 9–20, 1997. Evaluation Section, 2020 ‘‘L’’ Street, Appendix I or II for consideration by the This notice is part of a series of Sacramento, CA 95814. other Parties. notices which, together with public Bay Area Air Quality Management This notice announces the tentative meetings, encourage the public to District, Rule Development Section, negotiating positions of the United participate in the development of the 939 Ellis Street, San Francisco, CA States on proposals submitted by Parties U.S. positions for COP10. In a March 1, 94109. other than the United States and invites 1996 Federal Register notice (61 FR FOR FURTHER INFORMATION CONTACT: information and comments on these 8019), the Service requested public Andrew Steckel, Rulemaking Office proposals in order to develop recommendations or draft proposals to (AIR–4), Air Division, U.S. negotiating positions for the U.S. amend Appendix I or II that the United Environmental Protection Agency, delegation. The proposals will be States might consider proposing at Region IX, 75 Hawthorne Street, San considered at the tenth regular Meeting COP10. That notice described the Francisco, CA 94105–3901, Telephone: of the Conference of the Parties (COP10) provisions of CITES for listing species (415) 744–1185. to be held in Harare, Zimbabwe, June 9– in the Appendices and set forth 20, 1997. information requirements for proposals, SUPPLEMENTARY INFORMATION: This DATES: The U.S. Fish and Wildlife based on new listing criteria adopted by document concerns the following Service (Service) will consider all the Parties at COP9. Federal Register BAAQMD rules: Regulation 9, Rule 7, comments received through May 9, notices on August 28, 1996 (61 FR NOX and CO from Industrial, 1997, in developing negotiating 44324) and December 20, 1996 (61 FR Institutional, and Commercial Boilers, positions. In addition the public will 67293) requested additional comments Steam Generators, and Process Heaters; have opportunity for input at a public from the public on species proposals Regulation 9, Rule 8, NO X and CO meeting to be held on April 25, 1997 still being considered after review of Emissions from Stationary Internal (see elsewhere in this notice). The materials received in response to the Combustion Engines; Regulation 9, Rule Service plans to publish a notice of its March 1, 1996, notice. On the basis of 9, NO X from Stationary Gas Turbines; negotiating positions prior to COP10. a thorough review of comments Regulation 9, Rule 11, NO X and CO ADDRESSES: Please send correspondence received, the Service identified those from Utility Electric Power Generating concerning this notice to Chief, Office of proposals that met the listing criteria Boilers; and Regulation 9, Rule 12, NO X Scientific Authority; 4401 North Fairfax and presented the most compelling from Glass Melting Furnaces. These Drive, Room 750; Arlington, Virginia bases for amending the Appendices. rules were submitted to EPA by the 22203. Fax number 703–358–2276. These proposals to amend the California Air Resources Board on July Comments and other information Appendices were submitted to the 23, 1996. For further information, please received will be available for public CITES Secretariat on January 10, 1997, see the information provided in the inspection by appointment, from 8 a.m. to be considered and voted upon by the direct final action which is located in to 4 p.m. Monday through Friday, at the Parties at COP10. The decisions on the the Rules section of this Federal above address. various proposals and the rationale for Register. FOR FURTHER INFORMATION CONTACT: Dr. each will be published in another Authority: 42 U.S.C. 7401–7671q. Marshall A. Howe (animal proposals) or Federal Register notice. 18732 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

This notice announces proposals Comments that provide this information Switzerland under this process submitted by Parties other than the based on the new criteria for adding or recommend the deletion from the United States for consideration at the removing species from the Appendices Appendices of those species that have forthcoming meeting of the Parties and (Resolution Conf. 9.24) would be not been reported in trade, unless the sets forth tentative negotiating positions especially helpful. The Service will species should be included in Appendix of the United States on foreign solicit comments on tentative U.S. II because of similarity in appearance to proposals. CITES regulates import, positions for items on the COP10 agenda related taxa that do appear in trade. export, re-export, and introduction from other than proposed amendments to the It is the U.S. position (and has been the sea of certain animal and plant Appendices, in another Federal Register at earlier COPs) that the lack of reported species. Species for which trade is notice. trade for some species should not be the controlled are included in three The present, tentative negotiating sole basis for their deletion from the Appendices. Appendix I includes positions for the United States are based Appendices. The lack of reported trade species threatened with extinction that mainly on review of information for some species proposed for deletion are or may be affected by trade. presented in the proposals submitted by from the Appendices may be due to (1) Appendix II includes species that proponents and in terms of the criteria their rarity, (2) effective limits on trade although not necessarily now threatened in Resolution Conf. 9.24, adopted at by range States for the benefit of the with extinction may become so unless COP9. Several proposals have not yet species in that the range States may trade in them is strictly controlled. It been fully translated into English from determine that trade would be also includes species that must be the Spanish or French. Because detrimental to the survival of the subject to regulation in order that trade information provided in some of the species, or (3) the lack of proper in other currently or potentially proposals or otherwise available to the documentation on the reporting of trade. threatened species may be brought Service is too incomplete to allow a Consequently, the Service does not under effective control (e.g., because of thorough review of their merits, several believe that lack of appearance in trade difficulty in distinguishing specimens of of the tentative negotiating positions is, by itself, a sufficient reason to currently or potentially threatened presented may be revised as additional warrant the removal of a taxon from the species from those of other species). biological and trade data are obtained. Appendices. In establishing a tentative Appendix III includes species that any Final guidance for the delegation is to negotiating position on these ‘‘Periodic Party nation identifies as being subject be based on the best available biological Review’’ delisting proposals, the Service to regulation within its jurisdiction for and trade information, including considered the degree of vulnerability of purposes of preventing or restricting comments received in response to this the species and the likelihood of it exploitation, and for which it needs the notice and discussions at COP10 with entering trade, and the net conservation cooperation of other Parties in other governments, scientists, and effect of delisting. controlling trade. technical experts. Any Party nation may propose Proposals submitted by Parties other Proposals amendments to Appendices I and II for than the United States are listed in the consideration at the meetings of the In accordance with the provisions of following table. Tentative negotiating Conference of the Parties. The text of Article XV, paragraph 1(a) of the positions and the basis for making them any proposal must be communicated to Convention the following CITES Parties, are indicated. These tentative positions the CITES Secretariat at least 150 days in addition to the United States, have were developed largely on the basis of before the meeting. The Secretariat must submitted proposals for changes to the information contained in the then consult the other Parties and Appendices I and II of the Convention: proposals unless the Service has appropriate intergovernmental agencies, Argentina, Australia, Bangladesh, information on the species in its files, and communicate their responses and Bolivia, Botswana, Bulgaria, Canada, particularly from earlier COPs or the Secretariat’s own findings and China, Cuba, Denmark, Finland, meetings of permanent CITES recommendations to all Parties no later Germany, India, Japan, Jordan, committees. If insufficient population than 30 days before the meeting. Madagascar, Mexico, Namibia, and/or trade information was provided, Amendments to the Appendices are Netherlands, New Zealand, Norway, the United States’ current position is to adopted by a two-thirds majority of the Peru, South Africa, Switzerland, either oppose the proposal or consider Parties present and voting. Tanzania, Thailand, Uganda, Venezuela, it still under review, depending upon and Zimbabwe. the particular circumstances, pending Information Sought A total of 63 proposals on plant and receipt of additional information. The The Service solicits comments on animal species were submitted by complete text of each proposal received tentative negotiating positions for the countries other than the United States, is available for public inspection at the United States on proposed species including 9 proposals that were Service’s Office of Scientific Authority amendments submitted by Parties other submitted based on the ‘‘Periodic (see ADDRESSES above). The text of any than the United States. Information is Review’’ concept first adopted at the referenced resolution from previous also sought on the biological status of 1981 Conference of the Parties in New meetings of the Conference of the the affected species, on the amount and Delhi, India. The Periodic Review Parties is available from the Service’s type of trade in specimens of the process seeks to correct or clarify the Office of Scientific Authority or Office species, and on the impact of trade on inclusion of species listed at the of Management Authority. their populations, especially as it relates Plenipotentiary Conference and COP1, Proposed amendments and tentative to any potential effects on survival of before listing criteria were adopted. United States negotiating positions are the species in all or parts of its range. Some of the proposals submitted by as follows: Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18733

Tentative U.S. posi- Species Proposed amendment Proponent tion

Mammals

Order Diprotodontia: Burramys parvus (Mountain pygmy Deletion from Appendix II ...... Australia ...... Support.1 possum). Dendrolagus bennettianus (Bennett's Deletion from Appendix II ...... Australia ...... Support.1 tree kangaroo). Dendrolagus lumholtzi (Lumholtz's tree Deletion from Appendix II ...... Australia ...... Support.1 kangaroo). Order Xenarthra: Chaetophractus nationi (Hairy arma- Inclusion in Appendix I ...... Bolivia ...... Support.1 dillo). Order Cetacea: Eschrichtius robustus (Gray whale) ..... Transfer of the Eastern Pacific stock from Japan ...... Oppose.2 Appendix I to II. Balaenoptera acutorostrata (Minke Transfer of the Okhotsk Sea West Pacific Japan ...... Oppose.2 whale). and the Southern Hemisphere stocks from Appendix I to II. Balaenoptera acutorostrata (Minke Transfer of the Northeast Atlantic and the Norway ...... Oppose.2 whale). North Atlantic Central stocks from Ap- pendix I to II. Balaenoptera edeni (Bryde's whale) .... Transfer of the North Pacific Western stock Japan ...... Oppose.2 from Appendix I to II. Order Carnivora: Ursus arctos (Brown bear) ...... Transfer of all Asian and European popu- Bulgaria and Jordan ...... Under review.3 lations from Appendix II to I. Ursus arctos (Brown bear) ...... Transfer of all Asian and European popu- Finland ...... Under review.3 lations from Appendix II to I. Panthera onca (Jaguar) ...... Establishment of annual export quotas for Venezuela ...... Oppose.4 hunting trophies of zero in 1997, 1998, and 1999 and of 50 thereafter. Order Proboscidea: Loxodonta africana (African elephant) Transfer of the Botswanan population from Botswana, Namibia, and Under review.6 7 8 Appendix I to II, with certain annota- Zimbabwe. tions.5 Loxodonta africana (African elephant) Transfer of the Namibian population from Botswana, Namibia, and Under review.6 8 10 Appendix I to II, with certain annota- Zimbabwe. tions.9 Loxodonta africana (African elephant) Transfer of the Zimbabwean population Botswana, Namibia, and Under review.6 8 12 from Appendix I to II, with certain anno- Zimbabwe. tations.11 Order Perissodactyla: Ceratotherium simum simum (South- Amendment to annotation 503 in the South Africa ...... Oppose.13 ern white rhinoceros). CITES Appendices to allow trade in parts and derivatives but with a zero ex- port quota. Order Artiodactyla: Pecari tajacu (Collared peccary) ...... Deletion from Appendix II (Mexican popu- Mexico ...... Oppose.14 lation). Vicugna vicugna (VicunÄa) ...... Annotated transfer of certain populations to Argentina ...... Under review.16 Appendix II 15. Vicugna vicugna (VicunÄa) ...... Annotated transfer of certain populations to Bolivia ...... Support.1 18 Appendix II 17. Vicugna vicugna (VicunÄa) ...... Amendment to annotation 504 in the Peru ...... Support.19 CITES Appendices to replace the words ``VICUNÄ ANDES-CHILE'' and ``VICUNÄ ANDES-PERU'' with the words ``VICUNÄ A-COUNTRY OF ORIGIN''. Vicugna vicugna (VicunÄa) ...... Amendment to annotation 504 (in the Peru ...... Support.19 CITES Appendices list) to allow also the countries that are members of the VicunÄa Convention to utilize the term VICUNÄ A-PAIS DE ORIGEN- ARTESANIA, along with the authorized trademark, on luxury handicrafts and knitted articles made of wool sheared from live vicunÄas from Appendix II popu- lations. Elaphurus davidianus (PeÁre David's Inclusion in Appendix II ...... Argentina and China ...... Support.1 deer). Bison bison athabascae (Wood bison) Transfer from Appendix I to II in accord- Canada ...... Under review.20 ance with precautionary measure B.2.b of Resolution Conf. 9.24, Annex 4. 18734 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

Tentative U.S. posi- Species Proposed amendment Proponent tion

Bos javanicus (Banteng) ...... Inclusion in Appendix I ...... Thailand ...... Support.1 21 Bubalus arnee (Water buffalo) ...... Include in Appendix I ...... Thailand ...... Support.1 Ovis ammon nigrimontana (Kara Tau Transfer from Appendix II to I ...... Germany ...... Support.1 argali).

Birds

Order Galliformes Pauxi pauxi (Northern helmeted Inclusion in Appendix II ...... Netherlands ...... Oppose.22 curassow). Pauxi unicornis (Horned curassow) ..... Inclusion in Appendix II ...... Netherlands ...... Oppose.22 Order Gruiformes Turnix melanogaster (Black-breasted Deletion from Appendix II ...... Australia ...... Oppose.23 button-quail). Pedionomus torquatus (Plains wan- Deletion from Appendix II ...... Australia ...... Support.1 derer). Gallirallus australis hectori (Eastern Deletion from Appendix II ...... New Zealand ...... Support.1 weka rail). Order Psittaciformes Amazona agilis (Black-billed parrot) .... Transfer from Appendix II to I ...... Germany ...... Support.1 Amazona viridigenalis (Red-crowned Transfer from Appendix II to I ...... Germany ...... Support.1 parrot). Cacatua sulphurea (Lesser sulphur- Transfer from Appendix II to I ...... Germany ...... Support.1 crested cockatoo). Eunymphicus cornutus uvaeensis Transfer from Appendix II to I ...... Germany ...... Oppose.24 (Ouvea horned parakeet). Vini kuhlii (Kuhl's lorikeet) ...... Transfer from Appendix II to I ...... Germany ...... Support.1 Vini peruviana (Tahitian lorikeet) ...... Transfer from Appendix II to I ...... Germany ...... Support.1 Vini ultramarina (Ultramarine lorikeet) Transfer from Appendix II to I ...... Germany ...... Support.1 Order Coraciiformes: Aceros waldeni (Writhed-billed hornbill) Transfer from Appendix II to I ...... Germany ...... Support.1 Order Passeriformes: Leiothrix argentauris (Silver-eared Inclusion in Appendix II ...... Netherlands ...... Support.1 mesia). Leiothrix lutea (Red-billed leiothrix) ...... Inclusion in Appendix II ...... Netherlands ...... Support.1 Liocichla omeiensis (Omei Shan Inclusion in Appendix II ...... Netherlands ...... Support.1 liocichla). Tangara fastuosa (Seven-colored tana- Inclusion in Appendix II ...... Germany and the Nether- Support.1 ger). lands. Amandava formosa (Green avadavat) Inclusion in Appendix II ...... Netherlands ...... Support.1 Padda oryzivora (Java sparrow) ...... Inclusion in Appendix II ...... Netherlands ...... Support.1 Gracula religiosa (Hill mynah) ...... Include in Appendix II ...... Netherlands and the Support.1 Phillipines.

Reptiles

Order Testudinata: Callagur borneoensis (Painted terra- Inclusion in Appendix II ...... Germany ...... Support.1 pin). Eretmochelys imbricata (Hawksbill sea Transfer of the Cuban population from Ap- Cuba ...... Oppose.14 turtle). pendix I to II with certain annotations 25. Order Crocodylia: Caiman latirostris (Broad-snouted Transfer of the Argentine population from Argentina ...... Under review.26 caiman). Appendix I to II, pursuant to resolution on ranching. Crocodylus niloticus (Nile crocodile) .... Maintenance of the Malagasy population in Madagascar ...... Under review.26 Appendix II, pursuant to resolution on ranching. Crocodylus niloticus (Nile crocodile) .... Establishment of an annual export quota of Tanzania ...... Under review.26 1000 skins and 100 hunting trophies from wild animals for the years 1998± 2000. Crocodylus niloticus (Nile crocodile) .... Maintenance of the Ugandan population in Uganda ...... Under review.26 Appendix II, pursuant to resolution on ranching. Order Sauria: Varanus bengalensis (Indian monitor) Transfer of the population of Bangladesh Bangladesh ...... Oppose.14 from Appendix I to II subject to annual export quotas of 150,000 skins in 1997 and 225,000 in 1998 and 1999. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18735

Tentative U.S. posi- Species Proposed amendment Proponent tion

Varanus flavescens (Yellow monitor) ... Transfer of the population of Bangladesh Bangladesh ...... Oppose.14 from Appendix I to II subject to annual export quotas of 100,000 skins in 1997, 1998, and 1999.

Amphibians

Order Anura: Mantella bernhardi (Golden mantella) .. Inclusion in Appendix II ...... Netherlands ...... Support.1 Mantella cowani (Golden mantella) ...... Inclusion in Appendix II ...... Netherlands ...... Support.1 Mantella haraldmeieri (Golden Inclusion in Appendix II ...... Netherlands ...... Support.1 mantella). Mantella viridis (Golden mantella) ...... Inclusion in Appendix II ...... Netherlands ...... Support.1

Mollusks

Class Gastropoda: Paryphanta spp. (New Zealand amber Deletion from Appendix II ...... Switzerland ...... Support.1 snails).

Other Animal Proposals

Any Appendix II species annotated to limit Amendment to the relevant annotations of Switzerland ...... Support.27 the trade to certain types of specimens. Appendix II species annotated to limit the trade to certain types of specimens, to include the following wording: ``All other specimens shall be deemed to be specimens of species included in Appen- dix I and the trade in them shall be regu- lated accordingly''.

PlantsÐGeneral

Araliaceae: Panax quinquefolius (American Amend the Appendix II listing of this spe- Switzerland ...... Support.28 29 ginseng). cies (cf. current annotation #3), to in- clude only the following parts: ``Roots and specimens recognizable as being parts of roots''. Cactaceae spp. (Cacti): Mexican cacti ...... Amend the Appendix II listing for this family Mexico ...... Support.1 6 30 (cf. current annotation #4), to include seeds of cacti from Mexico, except those seeds obtained from artificial propagation in Production Units. Leguminosae (Fabaceae): Pericopsis elata Amend the Appendix II listing of these two Switzerland ...... Support.31 (Afrormosia), and Meliaceae: Swietenia species (cf. current annotation #5), to in- mahagoni (Caribbean mahogany). clude only the following parts: ``Logs, sawn wood, and veneer sheets''. Proteaceae: Orothamnus zeyheri (Marsh-rose) ...... Transfer from Appendix I to Appendix II, in South Africa ...... Support.1 accordance with precautionary measure B.2.b) of Resol. Conf. 9.24, Annex 4. Protea odorata (Ground-rose or Transfer from Appendix I to Appendix II, in South Africa ...... Oppose.14 23 32 Swartland sugarbush). accordance with precautionary measure B.2.b) of Resol. Conf. 9.24, Annex 4. Scrophulariaceae: Picrorhiza kurrooa Include in Appendix II, along with only the India ...... Support.1 29 (Kutki). following parts 33: ``Roots [i.e.,rhizomes/ rootstocks] and readily recognizable parts thereof''. Theaceae: Camellia chrysantha, which is Delete from Appendix II...... China ...... Support.1 Camellia petelotii in part (Golden-flow- ered camellia). Valerianaceae: Nardostachys grandiflora Include in Appendix II, along with only the India ...... Support.1 29 (=Nardostachys jatamansi misapplied) following parts 33: ``Roots [i.e.,rhizomes/ (Himalayan nard or spikenard). rootstocks] and readily recognizable parts thereof''.

PlantsÐArtificial Propagation

Families other than Orchidaceae (Orchids) Amend the listings of most plant families Switzerland ...... Oppose 14 34 now in Appendix II (current annotations #1, #2, #4, and #8), to also exclude the following part: ``Cut flowers of artificially propagated plants''. 18736 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

Tentative U.S. posi- Species Proposed amendment Proponent tion

Cactaceae spp. (Cacti): (1) Hybrid Easter Amend the Appendix II listing for this family Denmark ...... Under review.37 cactus; (2) Christmas cactus, or Crab (cf. current annotation #4), to exclude ar- cactus; (3) Red cap cactus, Oriental tificially propagated specimens of the fol- moon cactus; and (4) Bunny ears cactus.. lowing hybrids and/or cultivars: (1) Hatiora graeseri (= H. gaertneri H. rosea); (2) Schlumbergera (= Zygocactus) hybrids and cultivars [sic] 35 (S. truncata cultivars, and its hybrids with S. opuntioides [= S. exotica], S. orssichiana, and S. russelliana [= S. buckleyi]); (3) Gymnocalycium mihanovichii cultivars (those lacking chlorophyll, grafted 36); and (4) Opuntia microdasys. Euphorbiaceae: Succulent Euphorbia spp. Amend the Appendix II listing of succulent Denmark ...... Under review.37 (Succulent euphorbs): Three-ribbed milk Euphorbia spp., with an annotation to ex- tree. clude artificially propagated specimens of Euphorbia trigona cultivars.38. Primulaceae: Cyclamen spp. (Cyclamens): Amend the Appendix II listing of Cyclamen Denmark ...... Under review.37 Florist's cyclamen. spp., with an annotation to exclude artifi- cially propagated specimens of the hy- brids and cultivars of Cyclamen persicum, except when traded as dor- mant tubers. 1 The listing, uplisting, downlisting, or delisting of this taxon (or parts in the case of some plants) appears to be consistent with the relevant bio- logical, trade, and precautionary criteria of Resolution Conf. 9.24. 2 The United States continues to support the 1978 request from the International Whaling Commission (IWC) to take all possible measures to support the IWC ban on commercial whaling for certain species and stocks of whales and therefore opposes the transfer of this species from Ap- pendix I to Appendix II. 3 The proposal from Bulgaria and Jordan defers to the details presented in the proposal from Finland. Although it is clear that the European populations of this species not presently included in Appendix I meet the criteria for Appendix I, the United States is not presently convinced by the proposal or other information that the remaining populations proposed for transfer to Appendix I qualify. Russian populations are subject to a managed sport harvest that appears to be in itself sustainable, but these populations in particular are prone to illegal take for medicinal products. The proposal remains under review, while the United States seeks additional information on the magnitude of the threat of illegal trade in Rus- sian and eastern Asian populations to determine if the proposal is warranted in its entirety. 4 The proposal acknowledges that the jaguar population proposed for phased-in trophy-hunting may be the most threatened population in the country. The United States opposes this proposal without (a) a more convincing case that trophy hunting will not add to existing pressure on the jaguar population and (b) a management plan involving comprehensive population monitoring in the affected area. 5 Annotated to allow: (a) The direct export of registered stocks of wholeraw tusks of Botswana origin to one trading partner (Japan) subject to annual quotas of 12.68 t. in 1998 and 1999; (b) international trade in hunting trophies; and (c) international trade in live animals to appropriate and acceptable destinations. 6 The proposal presents biological information that supports the proposed action. 7 The Panel of Experts report on this proposal noted deficiencies in the record-keeping system for the ivory stockpile and showed there is no clear plan for use of ivory revenues to benefit elephant conservation. It also noted the existence of some movement of ivory through the country. The United States has concerns about these reported deficiencies and about the adequacy of trade controls in the importing country. 8 The United States is consulting other African elephant range states to determine whether adoption of this proposal by the Parties would cause conservation concerns in other portions of the species' range. 9 Annotated to allow: (a) The direct export of registered stocks of whole raw tusks of Namibian origin owned by the government of Namibia to one trading partner (Japan) that will not re-export, subject to annual quotas that will not exceed 6900 kg. between September 1997 and August 1998 and between September 1998 and August 1999; (b) international trade in live animals to appropriate and acceptable destinations for non- commercial purposes; and (c) international trade in hunting trophies for non-commercial purposes. 10 Although noting there is probably some movement of ivory through the country, the Panel of Experts reported satisfactory to excellent inter- nal management controls in Namibia and an excellent legal structure for establishing a conservation fund with ivory stock sale revenues. The Panel concluded that the proposal would likely benefit elephant conservation in Namibia. The United States has concerns about the adequacy of trade controls in the importing country. 11 Annotated to allow: (a) The direct export of registered stocks of whole raw tusks to one trading partner (Japan) subject to annual quotas of 10 t. in 1998 and 1999; b) international trade in hunting trophies; c) international trade in live animals to appropriate and acceptable destinations; d) international trade in non-commercial shipments of leather articles and ivory carvings; and e) export of hides. 12 The Panel of Experts noted deficiencies in trade enforcement controls in Zimbabwe, including failure to prevent illegal exports of large com- mercial shipments of worked ivory, and showed there is no clear plan for use of ivory revenues to benefit elephant conservation. It also noted the existence of significant movement of ivory through the country. The United States has concerns about these reported deficiencies and about the adequacy of trade controls in the importing country. 13 While acknowledging the excellent record of the government of South Africa in restoring populations of this species, the United States is concerned about potential detrimental effects of re-opening a legal international trade in rhinoceros horn. The United States has invested consid- erable effort into encouraging use of alternatives to rhinoceros horn derivatives in traditional Asian medicines. 14 The proposal does not present sufficient biological information to justify the listing, uplisting, downlisting, or delisting as proposed, based on the criteria in Resolution Conf. 9.24. 15 Transfer of the population of the Province of Jujuy and of the semicaptive populations of the Provinces of Jujuy, Salta, Catamarca, La Rioja, and San Juan, Argentina, from Appendix I to II, with an annotation to allow only the international trade in wool sheared from live vicunÄas, and in cloth and manufactured items made thereof, under the mark, ``VICUNAÄ A±ARGENTINA.'' 16 Although the population may no longer meet the biological criteria for Appendix I, more detailed information on population inventory methods for wild herds and on management and transparency of the conservation fund are desirable in light of the precautionary measures of Annex 4 of Resolution Conf. 9.24. The proposal remains under review while the United States seeks clarification. 17 Transfer of the populations of the Conservation Units of Mauri-Desaguadero, Ulla Ulla, and Lipez-Chicas, Bolivia, from Appendix I to II, with an annotation to allow only the international trade in cloth and manufactured items made thereof, under the mark, ``VICUNÄ ±BOLIVIA.'' 18 The proposal presents excellent population data and a well conceived approach to development of management plans and follow-through monitoring of the effectiveness of vicunÄa management in different socio-economic regimes. 19 The United States sees no difficulties with such a change in the labeling of approved products. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18737

20 Although the United States believes that trade in wood bison presently in captivity would have no negative impact on the wild population, the species, based on information in the proposal, still appears to meet the criteria for retention in Appendix I. The proposal remains under review, while the United States consults with Canada to obtain clarification on the species' status. 21 The United States supports the exclusion from this proposal of introduced populations remote from the natural range, e.g., the introduced population of Australia. 22 The species does not appear to be subject to international trade. 23 Although trade is not recorded, the population is so small that retention in the Appendices would seem advisable as a precautionary meas- ure in the event illegal trade should ever occur. 24 Because the subspecies are extremely similar and occur in the same jurisdiction, the proposed split-listing would be practically unenforce- able and would be inconsistent with Annex 3 of Resolution Conf. 9.24. 25 Annotated to allow: (a) trade in current registered stocks of shell with one trading partner (Japan) that will not re-export; and b) export in one shipment per year, to the same partner, of shell marked in compliance with Resolution Conf. 5.16, which allows definitive identification of origin, from a traditional harvest (maximum 500 individuals per year) or from an experimental ranching program (anticipated: 50 individuals in the first year; 100 in the second year; and 300 in the third year). 26 The transfer of certain populations of crocodilians from Appendix I to II is possible pursuant to Resolution Conf. 3.15, 5.16, and 8.22 (ranch- ing) and 9.24 (export quota). The United States is seeking information on whether (1) annual reports will be filed regularly with the CITES Sec- retariat by the proponent; (2) there is an adequate basis for monitoring the status of wild populations; (3) management plans provide for the re- turn of animals to the wild in numbers as appropriate; and (4) there is an implementable limit on the harvest of wild juveniles and adults. 27 The United States believes the recommended language would clarify annotated downlistings, such as that of the South African population of the white rhinoceros, and eliminates the possibility of misinterpretation or abuse of the downlisting provisions. The United States looks forward to a detailed discussion of annotated downlistings from legal and technical perspectives at COP10. 28 The current listing includes ``Roots and readily recognizable parts thereof''. The proposed revision is considered to be a minor change, which would clarify and keep the intent of the 1985 proposal (at COP5) to include whole roots and the larger parts thereof, and to exclude minor pieces and processed products. Some importing Parties have found that the current annotation can be interpreted too broadly. 29 The United States will recommend standardization of the inclusion of the parts for Panax quinquefolius (American ginseng), Picrorhiza kurrooa (Kutki), and Nardostachys grandiflora (Himalayan nard), with the annotation ``Roots, rhizomes or rootstocks, and specimens recognizable as being parts thereof''. This would keep the intent of the proposal of Switzerland for Panax quinquefolius, and the intent of the proposals of India for the other two species, while accommodating those two species' different morphology of having rhizomes or rootstocks. 30 This proposal is considered necessary to assist enforcement of Mexican law that regulates the export of seeds collected in the wild from cacti in Mexico. The Government of Mexico, at the November 1996 meeting of the CITES Plants Committee, presented information on recent violations of Mexican law and over-collection of cactus seeds of various taxa for export to various Party countries. The United States is discuss- ing with Mexico how they intend to administer the differentiation of seeds collected in the wild from seeds produced by artificial propagation in their Production Units (i.e., nurseries). We understand that this proposal only covers the populations of cacti in Mexico; it does not cover popu- lations of Mexican cacti native beyond Mexico, or specimens of Mexican cacti artificially propagated elsewhere than in Mexico. 31 These two current listings include ``Saw-logs, sawn wood, and veneers''. The proposed revision is considered to be a minor change, which would correspond to the categories and definitions of HS codes 44.03 (logs), 44.06 and 44.07 (sawn wood), and 44.08 (veneer sheets) in the Harmonized System of the World Customs Organization. The change was recommended by the CITES Timber Working Group. 32 There are so few individuals and populations of this species known in the wild, and so few artificially propagated individuals available in cul- tivation, that continued inclusion of the species in Appendix I is considered to be a needed precaution. 33 The proposal for this species discusses its rhizomes or rootstocks rather than botanical roots. 34 The proposal apparently seeks to establish a new standard exclusion for Appendix II taxa, but does not provide information to show that there presently is an unnecessary regulatory burden on a cut-flower trade in the listed Appendix II taxa (or actual complications in any trading of their hybrids with Appendix I taxa). Furthermore, the proposal did not address the taxa of Nepal in Appendix III, which also have their listings standardized with the current annotation #1. The conservation of species in the wild is considered to be better served with the present standard listing for Appendix II (and Appendix III), to which exceptions could be made if warranted in future proposals for particular taxa (as was done for the Orchidaceae or orchids). 35 This proposal is considered to not include all taxa (or hybrids and cultivars) of Schlumbergera, but just those listed in detail in the proposal and in this FEDERAL REGISTER notice. 36 The proposal stated that the artificially propagated grafting stocks are mostly specimens of Hylocereus species and Harrisia ``Jusbertii'', but these taxa (and any other cactus taxa that might be used as grafting stock) were not directly presented for similar exclusion. 37 Although the stipulated taxa are artificially propagated extensively, the risk either to other taxa in the wild or to pertinent natural taxa needs further consideration. The burden for enforcement may be complicated rather than relieved by excluding these artificially propagated specimens. Nevertheless, minimizing or reducing regulation of artificially propagated specimens, when there is no risk to taxa in the wild, is a worthy goal. 38 This proposal is considered not to include Euphorbia hermentiana, which we understand is not a synonym of Euphorbia trigona.

Future Actions that would implement such the Service will be prepared to discuss amendments. In addition to considering U.S. positions on the Agenda for COP10, Prior to COP10, the Service will proposed amendments to the resolutions submitted by other announce in the Federal Register its Appendices at COP10, the Parties may countries, and any other item of interest negotiating positions for COP10 on also consider certain recommendations to the public in relation to CITES proposed amendments to the by the Nomenclature Committee that COP10. Appendices by foreign countries. In that seek to clarify the current listing status This notice was prepared by Drs. notice the Service will solicit comments of certain species. Marshall Howe and Bruce MacBryde, or recommendations on whether the A public meeting will be held on Office of Scientific Authority, under the United States should consider taking a Friday, April 25, 1997 from 10:00—1:00 authority of the Endangered Species Act reservation on any of the proposed at the Department of the Interior: Room of 1973, as amended (16 U.S.C. 1531 et amendments to the Appendices that are 7000, 18th and C Street, NW, seq.). adopted by the Parties. Unless the Washington, DC. Please note that this United States enters a reservation by room is accessible to the handicapped. Date: April 11, 1997. September 18, 1997, any amendments This meeting will provide the public an Jay L. Gerst, adopted by the Parties will become opportunity to comment on U.S. Director. effective on that date. The Service will positions leading up to COP10. In [FR Doc. 97–9924 Filed 4–16–97; 8:45 am] publish a notice of proposed rulemaking addition to foreign species proposals, BILLING CODE 4310±55±P 18738

Notices Federal Register Vol. 62, No. 74

Thursday, April 17, 1997

This section of the FEDERAL REGISTER All responses to this notice will be DEPARTMENT OF AGRICULTURE contains documents other than rules or summarized and included in the request proposed rules that are applicable to the for OMB approval. All comments will Foreign Agricultural Service public. Notices of hearings and investigations, also become a matter of public record. committee meetings, agency decisions and Amendment to Notice of FY 1997 rulings, delegations of authority, filing of FOR FURTHER INFORMATION CONTACT: John Emerging Markets Program and petitions and applications and agency Knaus, (703) 305–2474. Solicitation of Proposals statements of organization and functions are examples of documents appearing in this SUPPLEMENTARY INFORMATION: AGENCY: Foreign Agricultural Service, section. USDA. Title: Food Stamp Quality Control Review Schedule. SUMMARY: On March 25, 1997, the DEPARTMENT OF AGRICULTURE Foreign Agricultural Service (FAS) OMB Number: 0584–0299. issued a notice in the Federal Register Food and Consumer Service Form Number: FCS–380–1. inviting proposals to promote the export Expiration Date: 05/31/99. of, and improve the market access for, Agency Information Collection U.S. agricultural products to emerging Activities: Proposed Collection; Type of Request: Revision of a markets in fiscal year 1997 under the Comment Request; FCS 380±1, Food currently approved collection. Emerging Markets Program, 62 FR 14113 Stamp Quality Control Review Abstract: The FCS–380–1 is currently (March 25, 1997). The notice provided Schedule an integrated review schedule that was that the deadline for submission of jointly developed by the Health Care proposals was April 30, 1997. This AGENCY: Food and Consumer Service, Financing Administration (HCFA), notice amends the prior notice to extend USDA. Administration for Children and the application period to May 30, 1997. ACTION: Notice. Families (ACF), and the Food and FOR FURTHER INFORMATION CONTACT: SUMMARY: In accordance with the Consumer Service (FCS). It was Additional information, including Paperwork Reduction Act of 1995, this designed to collect both quality control Program guidelines, may be obtained notice invites the general public and (QC) data and case characteristics as from and applications submitted to: other public agencies to comment on well as serving as the comprehensive Emerging Markets Office, Foreign proposed information collection of the data entry form for all QC reviews in the Agricultural Service, Room 6506 South FCS 380–1, Food Stamp Quality Control Aid to Families with Dependent Building, U.S. Department of Review Schedule. Children (AFDC), Food Stamp (FS) and Agriculture, Washington, DC 20250– Medicaid programs. With the enactment 1032, Fax: (202) 690–4369. DATES: Written comments must be of the Personal Responsibility and Work submitted on or before June 16, 1997. Signed at Washington, DC on April 11, Opportunity Reconciliation Act of 1996 1997. ADDRESSES: Send comments and (Public Law 104–193), the AFDC August Schumacher, Jr., requests for copies of this information program is being replaced by the Administrator, Foreign Agricultural Service. collection to: John Knaus, Chief, Quality Temporary Assistance to Needy Control Branch, Program Accountability [FR Doc. 97–9926 Filed 4–16–97; 8:45 am] Families (TANF) program. Under TANF, BILLING CODE 3410±10±M Division, Food and Consumer Service, ACF will no longer be collecting QC U.S. Department of Agriculture, 3101 data and will cease participating in the Park Center Drive, Alexandria, VA integrated QC system as of Fiscal Year 22302. DEPARTMENT OF AGRICULTURE 1998. HCFA ceased participation in the Comments are invited on: (a) Whether integrated QC system in mid 1996. Foreign Agricultural Service the proposed collection of information Because of these changes, the current is necessary for the proper performance FCS–380–1 is being revised to only Consultations on World Food Summit of the functions of the agency, including Follow-Up whether the information will have collect food stamp data. practical utility; (b) the accuracy of the Affected Public: Individuals or ACTION: Notice of meeting. agency’s estimate of the burden of the households; State or local governments. proposed collection of information, SUMMARY: Notice is hereby given that a Estimated Number of Respondents: public meeting regarding U.S. follow-up including the validity of the 57,236. methodology and assumptions used; (c) actions to the World Food Summit will ways to enhance the quality, utility, and Estimated Time per Response: 1.05 take place on May 21, 1997. The clarity of the information to be Hours. purpose of the forum is to solicit public collected; and (d) ways to minimize the Estimated Total Annual Burden: input to a U.S. Action Plan on Food burden of the collection of information 61,499. Security to be developed as follow-up to the World Food Summit. on those who are to respond, including Dated: March 27, 1997. through the use of appropriate DATES: The meeting will be held automated, electronic, mechanical, or William E. Ludwig, Wednesday, May 21, 1997 from 9:00 to other technological collection Administrator, Food and Consumer Service. 4:00 in the Jefferson Auditorium in the techniques or other forms of information [FR Doc. 97–9928 Filed 4–16–97; 8:45 am] South Building at the U.S. Department technology. BILLING CODE 3410±30±U of Agriculture in Washington, DC. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18739

SUPPLEMENTARY INFORMATION: The a meeting of the Census Advisory • Discussion of Concept Differences meeting is open to the public. Inquiries Committee of Professional Associations. Between the American Community may be directed to the Office of the The meeting will convene on May 1–2, Survey and Census 2000. National Food Security Coordinator, 1997 at the Bureau of the Census, • Market Research at the Census Foreign Agricultural Service, Room Francis Amasa Walker Conference Bureau—Are We on the Right Track? 3008 South Building, U.S. Department Center, Federal Building 3, Suitland, • Center for Economic Studies of Agriculture, 14th and Independence Maryland, 20233. Featuring the Census Bureau’s New Ave. SW., Washington, DC 20250, The committee is composed of 36 Chief Economist, John Haltiwanger. telephone (202) 690–0776 or fax (202) members appointed by the Presidents of • What Are the Main Issues Facing 720–6103. Additional information is the American Economic Association, the Federal Economic Statistics System? available on the FAS Homepage (http:/ the American Statistical Association, • Develop Recommendations and /www.fas.usda.gov/ffas/) or by calling and the Population Association of Special Interest Activities. (202) 690–0776. America and the Chairman of the Board • Closing Session. August Schumacher, Jr., of the American Marketing Association. The meeting is open to the public, Administrator, Foreign Agricultural Service. The committee advises the Director, and a brief period is set aside during the Bureau of the Census, on the full range closing session on May 2 for comments [FR Doc. 97–9927 Filed 4–16–97; 8:45 am] of Census Bureau programs and BILLING CODE 3410±10±M and questions. Those persons with activities in relation to its areas of extensive questions or statements must expertise. submit them in writing to the Census The agenda for the meeting on May 1, Bureau Committee Liaison Officer, Ms. ASSASSINATION RECORDS REVIEW which will begin at 9:30 a.m. and end Maxine Anderson-Brown, Room 3039, BOARD at 5:00 p.m., is as follows: Federal Building 3, Washington, DC • Introductory Remarks by the Sunshine Act Meeting 20233, at least three days before the Director, Bureau of the Census. meeting. • Census Bureau Responses to DATE: April 23–24, 1997. This meeting is physically accessible Committee Recommendations. PLACE: ARRB, 600 E Street, NW., • How Do We Convert the 1992 to people with disabilities. Requests for Washington, DC. Economic Census to a North American sign language interpretation or other STATUS: Closed: April 23–24. Open: Industry Classification System (NAICS) auxiliary aids should be directed to the April 24, 11:30 a.m. Basis? Census Bureau Committee Liaison • Officer. MATTERS TO BE CONSIDERED: How Should the Census Bureau Communicate Plans for 2000 Census Persons wishing additional Closed Meeting Products? information or minutes for this meeting, 1. Review and Accept Minutes of Closed • What Improvements Can Be Made or who wish to submit written Meeting to the New American Community statements, may contact the Committee 2. Review of Assassination Records Survey Introduction and Benchmarking Liaison Officer on 301–457–2308, TDD Plans? 301–457–2540. 3. Status and Disposition of Zapruder • Film How Will Measuring the Dated: April 14, 1997. 4. Other Business Information Sector Impact the Census Martha Farnsworth Riche, Bureau’s Programs? Open Meeting: April 24, 11:30 a.m. • What Should the Census Bureau Director, Bureau of the Census. [FR Doc. 97–10086 Filed 4–16–97; 8:45 am] 1. Review and Accept Transcript of Charge for on the Internet and What Market Segments Should We Target? BILLING CODE 3510±07±P Open Meeting • 2. Status and Disposition of Zapruder What Opportunities for Cooperative Film Research and Development Agreements (CRADA’s) Should the Census Bureau DEPARTMENT OF COMMERCE 3. Other Business Pursue? Foreign-Trade Zones Board CONTACT PERSON FOR MORE INFORMATION: • What Are the Major Issues for Eileen Sullivan, Assistant Press and Implementing the Survey of Program [Docket 27±97] Public Affairs Officer, 600 E Street, Dynamics (SPD)? NW., Second Floor, Washington, DC • What Have We Learned From the Foreign-Trade Zone 22, Chicago, 20530. Telephone: (202) 724–0088; Fax: Medical Expenditure Panel Survey- Illinois; Proposed Foreign-Trade (202) 724–0457. Insurance Component Pilot? Subzone; Mobil Oil Corporation (Oil David G. Marwell, • Assessment of Integrated Response Refinery Complex), Will County, Illinois Executive Director. and Product Marketing Plan for the 1997 An application has been submitted to [FR Doc. 97–10044 Filed 4–14–97; 4:45 pm] Economic Census. • the Foreign-Trade Zones Board (the BILLING CODE 6118±01±P Should We Add Noise to Data (Economic, Demographic, or Census) as Board) by the Illinois International Port a Disclosure Limitation Option? District, grantee of FTZ 22, requesting • Assessment of the Marketing special-purpose subzone status for the DEPARTMENT OF COMMERCE Services Office’s Educational Program. oil refinery complex of Mobil Oil • Corporation, located in Will County, Bureau of the Census Final Review of New Product Development Guidelines. Illinois. The application was submitted Census Advisory Committee of The agenda for the meeting on May 2, pursuant to the provisions of the Professional Associations; Notice of which will begin at 9:00 a.m. and end Foreign-Trade Zones Act, as amended Public Meeting at 12:15 p.m., is as follows: (19 U.S.C. 81a-81u), and the regulations • How Should We Proceed to of the Board (15 CFR part 400). It was Pursuant to the Federal Advisory Develop Generalized Software for formally filed on April 7, 1997. Committee Act (P.L. 92–463 as amended Survey Processing Operations Such as The refinery complex (1,294 acres, by P.L. 94–409), we are giving notice of Editing, Imputation, Estimation, etc.? 550 employees) consists of 2 sites in 18740 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Will County, Illinois: Site 1 (1,200 Dated: April 9, 1997. Foreign-Trade Zones Board acres)—refinery complex located at I–55 John J. Da Ponte, Jr., William M. Daley, and Arsenal Road, on the Des Plaines Executive Secretary. Secretary of Commerce, Chairman and River, 8 miles south of Joliet, some 50 [FR Doc. 97–9970 Filed 4–16–97; 8:45 am] Executive Officer. miles southwest of Chicago; Site 2 (94 BILLING CODE 3510±DS±P Attest: acres)—Mokena storage facility (780,000 John J. Da Ponte, Jr., barrel capacity) located at 183rd St and Executive Secretary. Wolf Road, some 25 miles southwest of DEPARTMENT OF COMMERCE [FR Doc. 97–9969 Filed 4–16–97; 8:45 am] Chicago. The refinery (210,000 BPD) is BILLING CODE 3510±DS±P used to produce fuels and Foreign-Trade Zones Board petrochemical feedstocks. Fuel products include include gasoline, jet fuel, [Order No. 882] DEPARTMENT OF COMMERCE distillates, residual fuels, naphthas and motor fuel blendstocks. Petrochemical Grant of Authority; Establishment of a International Trade Administration feedstocks and refinery by-products Foreign-Trade Zone, Sioux Falls, South [A±570±846] include methane, ethane, propane, Dakota Area propylene, butane, butadiene, benzene, Notice of Antidumping Duty Order: toluene, xylene, petroleum coke, carbon Pursuant to its authority under the Brake Rotors from the People's black oil and sulfur. Some 3.6 percent Foreign-Trade Zones Act of June 18, Republic of China of the crude oil (90 percent of inputs), 1934, as amended (19 U.S.C. 81a-81u), and some motor fuel blendstocks are AGENCY: Import Administration, the Foreign-Trade Zones Board (the sourced abroad. International Trade Administration, Board) adopts the following Order: Zone procedures would exempt the Department of Commerce. Whereas, by an Act of Congress refinery from Customs duty payments EFFECTIVE DATE: April 17, 1997. approved June 18, 1934, an Act ‘‘To on the foreign products used in its FOR FURTHER INFORMATION CONTACT: exports. On domestic sales, the provide for the establishment of foreign- Brian C. Smith or Michelle A. Frederick, company would be able to choose the trade zones in ports of entry of the Import Administration, International Customs duty rates that apply to certain United States, to expedite and Trade Administration, U.S. Department petrochemical feedstocks and refinery encourage foreign commerce, and for of Commerce, 14th Street and by-products (duty-free) by admitting other purposes,’’ as amended (19 U.S.C. Constitution Avenue, NW., Washington, incoming foreign crude oil and natural 81a–81u) (the Act), the Foreign-Trade DC. 20230; telephone: (202) 482–1766, gas condensate in non-privileged foreign Zones Board (the Board) is authorized to or (202) 482–0186, respectively. status. The duty rates on inputs range grant to qualified corporations the Scope of Order from 5.25¢ barrel to 10.5¢ barrel. The privilege of establishing foreign-trade application indicates that the savings zones in or adjacent to U.S. Customs The products covered by this order from zone procedures would help ports of entry; are brake rotors made of gray cast iron, whether finished, semifinished, or improve the refinery’s international Whereas, the Governor’s Office of unfinished, ranging in diameter from 8 competitiveness. Economic Development, State of South to 16 inches (20.32 to 40.64 centimeters) In accordance with the Board’s Dakota (the Grantee), has made and in weight from 8 to 45 pounds (3.63 regulations, a member of the FTZ Staff application to the Board (FTZ Docket has been designated examiner to to 20.41 kilograms). The size parameters 11–96, 61 FR 6973, 2/23/96), requesting (weight and dimension) of the brake investigate the application and report to the establishment of a foreign-trade zone the Board. rotors limit their use to the following at sites in Sioux Falls, South Dakota, types of motor vehicles: automobiles, Public comment is invited from within the Sioux Falls Customs port of all-terrain vehicles, vans and interested parties. Submissions (original entry; and, recreational vehicles under ‘‘one ton and 3 copies) shall be addressed to the Whereas, notice inviting public and a half,’’ and light trucks designated Board’s Executive Secretary at the comment has been given in the Federal as ‘‘one ton and a half.’’ address below. The closing period for Register, and the Board adopts the Finished brake rotors are those that their receipt is June 16, 1997. Rebuttal findings and recommendations of the are ready for sale and installation comments in response to material examiner’s report and finds that the without any further operations. Semi- submitted during the foregoing period requirements of the Act and the Board’s finished rotors are those on which the may be submitted during the subsequent surface is not entirely smooth, and has 15-day period (to July 1, 1997). regulations are satisfied, and that approval of the application is in the undergone some drilling. Unfinished rotors are those which have undergone A copy of the application and public interest; accompanying exhibits will be available some grinding or turning. for public inspection at each of the Now, therefore, the Board hereby These brake rotors are for motor following locations: grants to the Grantee the privilege of vehicles, and do not contain in the establishing a foreign-trade zone, casting a logo of an original equipment U.S. Department of Commerce, Export designated on the records of the Board manufacturer (OEM) which produces Assistance Center, 55 West Monroe as Foreign-Trade Zone No. 220, at the vehicles sold in the United States (e.g., Street, Suite 2440, Chicago, Illinois sites described in the application, General Motors, Ford, Chrysler, Honda, 60603 subject to the Act and the Board’s Toyota, Volvo). Brake rotors covered in Office of the Executive Secretary, regulations, including Section 400.28. this investigation are not certified by Foreign-Trade Zones Board, Room OEM producers of vehicles sold in the Signed at Washington, DC, this 8th day of 3716, U.S. Department of Commerce, United States. The scope also includes April 1997. 14th and Pennsylvania Avenue, NW., composite brake rotors that are made of Washington, DC 20230 gray cast iron, which contain a steel Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18741 plate, but otherwise meet the above Antidumping Duty Order reason of imports of the subject 1 criteria. Excluded from the scope of the In accordance with section 735(a) of merchandise from the PRC. order are brake rotors made of gray cast the Tariff Act of 1930, as amended (the In accordance with section 736(a)(1) iron, whether finished, semifinished, or Act), the Department made a final of the Act, we will direct the Customs unfinished, with a diameter less than 8 determination that brake rotors from the Service to assess, upon further advice by inches or greater than 16 inches (less People’s Republic of China (PRC) are the administering authority, than 20.32 centimeters or greater than being sold at less than fair value (62 FR antidumping duties equal to the amount 40.64 centimeters) and a weight less 9160, February 28, 1997). The by which the normal value of the than 8 pounds or greater than 45 pounds Department subsequently amended its merchandise exceeds the export price (less than 3.63 kilograms or greater than final determination to correct clerical (or the constructed export price) of the 20.41 kilograms). errors made in the final determination merchandise for all relevant entries of (62 FR 15655, April 2, 1997). On April brake rotors from the PRC, except for Brake rotors are classifiable under 9, 1997, the International Trade imports of brake rotors from the PRC subheading 8708.39.5010 of the HTSUS. Commission (ITC) notified the made by the following exporter/ Although the HTSUS subheading is Department of its final determination, producer combinations, which are provided for convenience and customs pursuant to section 735(b)(1)(A)(i) of the excluded from the order by virtue of purposes, our written description of the Act, that the brake rotors industry in the having received zero or de minimis rates scope of this investigation is dispositive. United States is materially injured by in the antidumping duty investigation:

Exporter(s) Producer(s)

China National Automotive Industry Import & Export Corporation (CAIEC) or Shandong Laizhou CAPCO. Laizhou CAPCO Industry (Laizhou CAPCO). Shenyang Honbase Machinery Co., Ltd. (Shenyang) or Lai Zhou Luyuan Automobile Shenyang or Laizhou. Fittings Co., Ltd. (Laizhou). China National Machinery and Equipment Import & Export (Xinjiang) Corporation, Ltd. Zibo Botai Manufacturing Co., Ltd. (Zibo). (Xinjiang).

Accordingly, all bonds may be then those entries will be subject to the cash deposit equal to the estimated released and entries of these exporters ‘‘China-wide’’ rate. weighted-average antidumping duty may be liquidated without regard to For all other exporters, including non- margins as noted below. The ‘‘China- antidumping duties. However, if any of exporter producers listed above should wide’’ rate applies to all exporters of the above-referenced exporters sells they later export directly, Customs brake rotors not specifically listed subject merchandise which is not officers must require, at the same time below. manufactured by the producer(s) noted as importers would normally deposit The ad valorem weighted-average above with respect to those exporters, estimated duties on this merchandise, a dumping margins are as follows:

Margin percent- Manufacturer/exporter age

CAIEC and Laizhou CAPCO/Laizhou CAPCO ...... 0.00 (Excluded) Shenyang and Laizhou/Shenyang or Laizhou ...... 0.00 (Excluded) Xinjiang/Zibo ...... 0.00 (Excluded) Yantai Import & Export Corporation ...... 3.56 Southwest Technical Import & Export Corporation, Yangtze Machinery Corporation, and MMB International, Inc ...... 16.07 Hebei Metals and Minerals Import & Export Corporation ...... 8.51 * Jilin Provincial Machinery & Equipment Import & Export Corp...... 8.51 * Shandong Jiuyang Enterprise Corporation ...... 8.51 * Longjing Walking Tractor Works Foreign Trade Import & Export Corporation ...... 8.51 * Qingdao Metals, Minerals & Machinery Import & Export Corp...... 8.51 * Shanxi Machinery and Equipment Import & Export Corporation ...... 8.51 * Xianghe Zichen Casting Corporation ...... 8.51 * Yenhere Corporation ...... 8.51 * China-Wide Rate ...... 43.32 * Rate is based on the weighted-average of calculated rates that are not zero or based on facts available.

On April 9, 1997, the ITC notified the any cash deposit required under section brake rotors from the PRC. The Department of its negative 733(e)(2) with respect to entries of Department is excluding from the determination regarding critical subject merchandise entered or application of the order products from circumstances. As a result of the ITC’s withdrawn from warehouse, for the PRC that are manufactured and sold determination, pursuant to section consumption prior to October 10, 1996, to the United States by the PRC 735(c)(3) of the Act, we shall order which is the date of publication of the exporter/manufacturer combinations Customs to terminate the retroactive preliminary determination. noted above; however, the ad valorem suspension of liquidation and to release This notice constitutes the weighted-average dumping margin any bond or other security and refund antidumping duty order with respect to applicable to brake rotors manufactured

1 In the companion brake drums investigation, the United States is not materially injured nor ITC notified the Department of its final threatened with material injury by reason of determination that the brake drums industry in the imports of brake drums from the PRC. 18742 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices by any other PRC manufacturers and CIO) to conduct an administrative DEPARTMENT OF COMMERCE exported by any of these companies is review of sales by Mitsubishi 43.32 percent (the PRC-wide rate). Electronics Industries Inc. (Mitsubishi) International Trade Administration Interested parties may contact the subject to the antidumping duty order Central Records Unit, Room B–099 of on color picture tubes from Japan. No [A±580±812] the Main Commerce Building, for copies other interested party requested an of an updated list of antidumping duty administrative review of this order. On Dynamic Random Access Memory orders currently in effect. March 3, 1997, we published in the Semiconductors From the Republic of This order is published in accordance Federal Register (62 FR 9413) the notice Korea; Amended Final Results of with section 736(a) of the Act. Antidumping Duty Administrative of initiation of administrative review for Review Dated: April 9, 1997. the period January 1, 1996 through Robert S. LaRussa, December 31, 1996. AGENCY: Import Administration, Acting Assistant Secretary for Import International Trade Administration, Termination of Review Administration. Department of Commerce. [FR Doc. 97–9963 Filed 4–16–97; 8:45 am] On March 31, 1997, we received a ACTION: Notice of amended final results BILLING CODE 3510±DS±P timely request for withdrawal of the of antidumping duty administrative request for administrative review from review. DEPARTMENT OF COMMERCE the petitioners. Pursuant to 19 CFR 353.22(a)(5) of the Department’s SUMMARY: On January 7, 1997, the Department of Commerce (the International Trade Administration regulations, the Department may allow Department) published the final results a party that requests an administrative [A±588±609] of its administrative review of the review to withdraw such request not antidumping duty order on dynamic Color Picture Tubes From Japan; later than 90 days after the date of random access memory semiconductors Termination of Antidumping Duty publication of the notice of initiation of (DRAMs) from the Republic of Korea (62 Administrative Review the administrative review. FR 964). Subsequent to the publication Because petitioners’ request for AGENCY: Import Administration, of these final results, the petitioner, International Trade Administration, withdrawal was submitted within the Micron Technology, Inc. (Micron) filed Department of Commerce. 90-day time limit and there were no suit with the Court of International requests for review from other interested Trade (CIT) with respect to the ACTION: Notice of termination of Department’s methodology used in antidumping duty administrative parties, we are terminating this review. calculating the dumping margin of one review. This notice serves as a reminder to respondent, LG Semicon Co., Ltd. (LGS). parties subject to administrative No suit was filed by any parties to this SUMMARY: On March 3, 1997, the protective orders (APOs) of their Department of Commerce (the proceeding with respect to the dumping responsibility concerning disposition of calculations pertaining to the other Department) published in the Federal proprietary information disclosed under Register (62 FR 9413) the notice of respondent in this review, Hyundai APO in accordance with section initiation of administrative review of the Electronics Industries, Co., Ltd. 353.34(d) of the Department’s antidumping duty order on color picture (Hyundai). We have corrected two regulations. Timely written notification tubes from Japan, for the period of ministerial errors with respect to sales January 1, 1996 through December 31, of the return or destruction of APO of subject merchandise by Hyundai. The 1996. This review has now been materials, or conversion to judicial errors were present in our final results terminated as a result of the withdrawal protective order, is hereby requested. of review. The review covers the period of the request for administrative review Failure to comply with the regulations May 1, 1994, through April 30, 1995. by the interested parties that requested and terms of an APO is a sanctionable We are publishing this amendment to the review. violation. We will issue appraisement the final results of review in accordance EFFECTIVE DATE: April 17, 1997. instructions directly to the U.S. Customs with 19 CFR 353.28(c). FOR FURTHER INFORMATION CONTACT: Service. EFFECTIVE DATE: April 17, 1997. Charles Riggle, Office of AD/CVD This notice is published in FOR FURTHER INFORMATION CONTACT: Enforcement, Import Administration, accordance with section 751 of the Thomas F. Futtner, AD/CVD International Trade Administration, Tariff Act of 1930, as amended (19 Enforcement Office 4, Import U.S. Department of Commerce, 14th U.S.C. 1675) and 19 CFR 353.22(a)(5). Administration, U.S. Department of Commerce, 14th Street and Constitution Street and Constitution Avenue, N.W., Dated: April 9, 1997. Washington, D.C. 20230; telephone Avenue, NW., Washington, DC 20230, (202) 482–4733. Richard W. Moreland, telephone: (202) 482–3814. Acting Deputy Assistant Secretary for AD/ SUPPLEMENTARY INFORMATION: CVD Enforcement, Group I. SUPPLEMENTARY INFORMATION: Background [FR Doc. 97–9966 Filed 4–16–97; 8:45 am] Background On January 31, 1997, we received a BILLING CODE 3510±DS±P The review covers two manufacturers/ timely request from the petitioners, (the exporters of DRAMs from the Republic International Association of Machinists of Korea (Korea): Hyundai and LGS, and & Aerospace Workers; International the period May 1, 1994 through April Brotherhood of Electrical Workers; 30, 1995. The Department published the International Union of Electronic, preliminary results of review on July 9, Electrical, Salaried, Machine & 1996 (61 FR 36029), and the final results Furniture Workers, the AFL-CIO; and of review on January 7, 1997 (62 FR the Industrial Union Department, AFL- 964). Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18743

Applicable Statute and Regulations 8542.11.0001, 8542.11.0024, respondent directly to the U.S. Customs Unless otherwise indicated, all 8542.11.0026, and 8542.11.0034 of the Service. citations to the statute are references to Harmonized Tariff Schedule of the Furthermore, the following deposit the provisions effective January 1, 1995, United States (HTSUS). Also included requirements will be effective for all the effective date of the amendments in the scope are those removable Korean shipments of the subject merchandise, made to the Tariff Act of 1930 (the Act) DRAMs contained on or within entered, or withdrawn from warehouse, by the Uruguay Round Agreements Act products classifiable under subheadings for consumption on or after the (URAA). In addition, unless otherwise 8471.91.0000 and 8473.30.4000 of the publication date of these final results of indicated, all citations to the HTSUS. Although the HTSUS administrative review, as provided for Department’s regulations are to the subheadings are provided for by section 751(a)(1) of the Tariff Act: (1) current regulations, as amended by the convenience and customs purposes, the The cash deposit rate for Hyundai will interim regulations published in the written description of the scope of this be zero percent; (2) for previously Federal Register on May 11, 1995 (60 review remains dispositive. reviewed or investigated companies not FR 25130). The period of review (POR) covers listed above, the cash deposit rate will from May 1, 1994 through April 30, continue to be the company-specific rate Scope of Review 1995 for all respondents. published for the most recent period; (3) if the exporter is not a firm covered in Imports covered by the review are Ministerial Errors in Final Results of this review, a prior review, or in the shipments of DRAMs of one megabit Review and above from the Republic of Korea original LTFV investigation, but the (Korea). For purposes of this review, After reviewing allegations of manufacturer is, the cash deposit rate DRAMs are all one megabit and above, ministerial errors submitted by will be the rate established for the most whether assembled or unassembled. Hyundai, the Department determined recent period for the manufacturer of Assembled DRAMs include all package that it should correct two clerical errors the merchandise; and (4) if neither the types. Unassembled DRAMs include pertaining to Hyundai. The Department exporter nor the manufacturer is a firm processed wafers, uncut die and cut die. corrected the following clerical errors in covered in this or any previous review Processed wafers produced in Korea, the final results pertaining to Hyundai: conducted by the Department, the cash but packaged, or assembled into In the margin calculations in the final deposit rate will be 3.85%, the all others memory modules in a third country, are results of review, we did not correctly rate established in the LTFV included in the scope; wafers produced revise our final calculations to correct investigation. Samsung Electronics Co., in a third country and assembled or for double counted interest expense in Ltd. (Samsung), formerly a respondent packaged in Korea are not included in our preliminary calculation of CEP in this administrative review, was the scope of this review. profit. To correct this double counting excluded from the antidumping duty The scope of this review includes of interest expense, we intended to order on DRAMs from Korea on memory modules. A memory module is deduct U.S. credit expense from total February 8, 1996. See Final Court a collection of DRAMs, the sole function U.S. expenses, but instead inadvertently Decision and Partial Amended Final of which is memory. Modules include added U.S. credit expense to Hyundai’s Determination: Dynamic Random single in-line processing modules (SIPs), U.S. direct selling expenses. We also Access Memory Semiconductors of One single in-line memory modules inadvertently deducted Korean Megabit and Above From the Republic (SIMMs), or other collections of DRAMs, inventory carrying costs from U.S. price. of Korea, 61 FR 4765 (February 8, 1996). whether unmounted or mounted on a We corrected the final calculations by These deposit requirements shall circuit board. Modules that contain deducting U.S. credit expense and not remain in effect until publication of the other parts that are needed to support Korean inventory carrying costs from final results of the next administrative the function of memory are covered. U.S. price (see memorandum Dynamic review. Only those modules which contain Random Access Memory This notice serves as the final additional items which alter the Semiconductors (DRAMs) from the reminder to importers of their function of the module to something Republic of Korea (A–580–812); Second responsibility under 19 CFR 353.26 to other than memory, such as video Administrative Review—Clerical Errors file a certificate regarding the graphics adapter (VGA) boards and in the Final Results of Review). reimbursement of antidumping duties cards, are not included in the scope. Amended Final Results of Review prior to liquidation of the relevant The scope of this review also includes entries during this review period. video random access memory Upon correction of the ministerial Failure to comply with this requirement semiconductors (VRAMs), as well as errors listed above, the Department has could result in the Secretary’s any future packaging and assembling of determined that the following margin presumption that reimbursement of DRAMs. exists for the periods indicated: antidumping duties occurred and the The scope of this review also includes subsequent assessment of double Percent antidumping duties. removable memory modules placed on Manufacturer/exporter margin motherboards, with or without a central This notice also serves as a reminder processing unit (CPU), unless the May 1, 1994 through April 30, to parties subject to administrative importer of motherboards certifies with 1995: protective order (APO) of their the Customs Service that neither it, nor Hyundai Electronics Industries .... 0.09 responsibility concerning the a party related to it or under contract to disposition of proprietary information it, will remove the modules from the The Customs Service shall assess disclosed under APO in accordance motherboards after importation. The antidumping duties on all appropriate with 19 CFR 353.34(d). Timely written scope of this review does not include entries. Individual differences between notification or conversion to judicial DRAMs or memory modules that are USP and FMV may vary from the protective order is hereby requested. reimported for repair or replacement. percentages stated above. The Failure to comply with the regulations The DRAMs subject to this review are Department will issue appraisement and the terms of the APO is a classifiable under subheadings instructions concerning each sanctionable violation. 18744 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

This administrative review and notice Department’s regulations are to the final results of review, we find that are in accordance with section 751(a)(1) current regulations, as amended by the antidumping duties have been absorbed of the Tariff Act (19 U.S.C. 1675(a)(1)) interim regulations published in the by BSES. For a further discussion of this and 19 CFR 353.22. Federal Register on May 11, 1995 (60 issue, see comments 1 and 2 below. FR 25130). Dated: April 9, 1997. Analysis of the Comments Received Robert S. LaRussa, SUPPLEMENTARY INFORMATION: We gave interested parties an Acting Assistant Secretary for Import Background opportunity to comment on the Administration. preliminary results of review. We [FR Doc. 97–9972 Filed 4–16–97; 8:45 am] On December 10, 1996, the Department published in the Federal received comments and rebuttal BILLING CODE 3510±DS±P Register (61 FR 65022) the preliminary comments from the petitioner, Inland results of its administrative review of Steel Bar Co., and BSES. Comment 1: BSES contends that the the antidumping duty order on certain DEPARTMENT OF COMMERCE Department lacks the authority to hot-rolled lead and bismuth carbon steel conduct a duty absorption inquiry in products from the United Kingdom (58 International Trade Administration this, the third administrative review of FR 15324, March 22, 1993). The this case, because the Act only permits [A±412±810] Department has now completed the such inquiries to be made in the second review in accordance with section 751 Certain Hot-Rolled Lead and Bismuth and fourth administrative reviews after of the Act. Carbon Steel Products From the the order is published. United Kingdom; Final Results of Scope of the Review Petitioner maintains that the Antidumping Duty Administrative The products covered by this review Department was correct in conducting Review are hot-rolled bars and rods of nonalloy this duty absorption inquiry. Petitioner contends that BSES ignores the fact that, AGENCY: Import Administration, or other alloy steel, whether or not descaled, containing by weight 0.03 because this order was in effect on International Trade Administration, January 1, 1995, it is a transition order Department of Commerce. percent or more of lead or 0.05 percent or more of bismuth, in coils or cut under the Act. Petitioner argues that the ACTION: Notice of final results of issue date for transition orders, as antidumping duty administrative lengths, and in numerous shapes and sizes. Excluded from the scope of this prescribed by the Act for the review; certain hot-rolled lead and review are other alloy steels (as defined interpretation of sunset-related bismuth carbon steel products from the by the Harmonized Tariff Schedule of deadlines, is not the date of the original United Kingdom. the United States (HTSUS) Chapter 72, Federal Register publication, but rather the effective date of the World Trade SUMMARY: note 1(f)), except steels classified as On December 10, 1996, the Organization (WTO) agreement, January Department of Commerce (the other alloy steels by reason of containing by weight 0.4 percent or 1, 1995. As support for its argument, Department) published the preliminary petitioner cites the URAA, Statement of results of its administrative review of more of lead, or 0.1 percent or more of bismuth, tellurium, or selenium. Also Administrative Action (SAA) in H.R. the antidumping duty order on certain Doc. No. 316, 103d Cong., 2nd Sess. hot-rolled lead and bismuth carbon steel excluded are semi-finished steels and flat-rolled products. Most of the (1994) at 882. products from the United Kingdom. The Petitioner also contends that section review covers one manufacturer/ products covered in this review are provided for under subheadings 351.213(j) of the Department’s proposed exporter and the period March 1, 1995 antidumping regulations follows this through February 29, 1996. 7213.20.00 and 7214.30.00.00 of the HTSUS. Small quantities of these timing interpretation and provides that We gave interested parties an for transition orders, if requested, the opportunity to comment on our products may also enter the United States under the following HTSUS Department will make an absorption preliminary results. Based on our inquiry for administrative reviews analysis of the comments received, and subheadings: 7213.31.30.00, 60.00; 7213.39.00.30, 00.60, 00.90; initiated in 1996. According to the correction of certain clerical errors, petitioner, the preamble to the proposed we have changed the results from those 7214.40.00.10, 00.30, 00.50; 7214.50.00.10, 00.30, 00.50; antidumping regulations states presented in the preliminary results of explicitly that, for transition orders, review. 7214.60.00.10, 00.30, 00.50; and 7228.30.80.00. HTSUS subheadings are ‘‘reviews initiated in 1996 will be EFFECTIVE DATE: March 17, 1997. provided for convenience and Customs considered initiated in the second year FOR FURTHER INFORMATION CONTACT: G. purposes. The written description of the and reviews initiated in 1998 will be Leon McNeill or Maureen Flannery, scope of this order remains dispositive. considered initiated in the fourth year.’’ Import Administration, International This review covers one manufacturer/ Department’s Position: We disagree Trade Administration, U.S. Department exporter of certain hot-rolled lead and with BSES that the Department lacks the of Commerce, 14th Street and bismuth steel products, British Steel authority to conduct a duty absorption Constitution Avenue, NW., Washington, Engineering Steels limited (BSES), inquiry in this review. Because the DC 20230; telephone: (202) 482–4733. formerly United Engineering Steels order for the subject merchandise was in existence as of the date the WTO Applicable Statute Limited (UES), and the period March 1, 1995 through February 29, 1996. agreement entered into force with Unless otherwise indicated, all respect to the United States, it is citations to the statute are references to Duty Absorption deemed to be a transition order. See the provisions effective January 1, 1995, As part of this review, we are section 751(c)(6)(C) of the Act. See also the effective date of the amendments considering, in accordance with section the SAA at 882. With respect to made to the Tariff Act of 1930 (the Act) 751(a)(4) of the Act, whether BSES transition orders, section 351.213(j)(2) of by the Uruguay Round Agreements Act absorbed antidumping duties. See the the Department’s proposed antidumping (URAA). In addition, unless otherwise preliminary results of this review (61 FR regulations explains that the indicated, all citations to the 65022, December 10, 1996). For these Department will conduct a duty Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18745 absorption inquiry, if requested, BSES recognizes the Department’s equal to zero in calculating a weighted- beginning in the second year of review traditional methodology of setting average margin because otherwise of such orders. See 61 FR 7307, 7366 negative dumping margins at zero in the exporters would be able to mask their (February 27, 1996). The preamble to calculation of the weighted-average dumped sales with non-dumped sales. the proposed antidumping regulations dumping margin, but argues that there See Final Determination of Sales at Less states that, for transition orders, is no policy reason to ignore negative Than Fair Value; Professional Electric ‘‘reviews initiated in 1996 will be margins in duty absorption inquiries, Cutting Tools and Professional Electric considered initiated in the second year and that there certainly is no such Sanding/Grinding Tools from Japan, 58 and reviews initiated in 1998 will be requirement in the statute or FR 30149 (May 26, 1993). It would be considered initiated in the fourth year.’’ regulations. inconsistent on one hand to calculate 61 FR at 7317. (Although these Petitioner maintains that, during the margins using positive margin sales, proposed antidumping regulations are debates over the URAA, the domestic which is the Department’s practice, and not yet binding upon the Department, industry pointed out that the full then argue, in effect, that there are no they do constitute a public statement of remedial impact of dumping duties was margins because credit should be given how the Department expects to proceed not always reflected in the marketplace. for nonmargin sales. Thus, those sales in construing section 751(a)(4) of the Petitioner argues that, although 19 CFR which are used to determine whether amended statute. Because this review 353.26 (1994) prohibited an exporter there are margins should also be used to was initiated in 1996, the Department’s from reimbursing an importer of record determine whether there is duty duty absorption is deemed to be for antidumping duties, nothing absorption. undertaken in the second year of prohibited a respondent from acting as Whether or not respondents review.) an importer of record, and thereby ‘‘intended’’ to absorb duties is also Comment 2: BSES maintains that, if absorbing underpayment of duties. As a irrelevant to the Department’s inquiry. the Department declines to terminate result, Congress amended the statute to The Act does not provide a basis for the the absorption inquiry, it must find that direct the Department to identify these Department to render judgements on the BSES has not absorbed antidumping instances of duty absorption because intentions of respondents, but instead to duties. BSES further maintains that the they could be relevant in the make an empirical finding as to whether existence of dumping margins does not Commission’s sunset review absorption is occurring. necessarily mean that duty absorption determination on the likelihood of Comment 3: Petitioner claims that has occurred. If this were the case, then continuing or recurring material injury some grades of scrap purchased by the Department’s obligation to conduct if an antidumping order is revoked. BSES from its affiliated parties were not an absorption review would be Department’s Position: We disagree at arm’s-length transaction prices. If the meaningless, and there would be no with BSES. An investigation as to scrap price from BSES’s affiliated need for a separate inquiry by the whether there is duty absorption does supplier is less than the scrap price Department and the International Trade not simply involve reading the margin from its unaffiliated supplier, petitioner Commission (ITC). of the final results. As the Department claims, it is not an arm’s-length BSES further maintains that the noted in the preliminary results of this transaction. To account for such grades question of liability for antidumping review, the determination that duty that were not at arm’s-length prices, duties is fundamentally different from absorption exists is also based on the petitioner maintains that the the question of absorption in that the lack of any information on the record Department should increase BSES’s absorption inquiry involves at least two that the first unrelated customer will be total cost of production by the very distinct concepts that differentiate responsible for paying the duty that is difference between the price paid to it from the ordinary dumping analysis. ultimately assessed. Absent such an affiliated parties and the price paid to First, the absorption inquiry is intended irrevocable agreement between the unaffiliated parties. Petitioner contends to provide information to the ITC for affiliated U.S. respondent and the first that the overall average for all grades of consideration in a future sunset review. unrelated customer, there is no basis for scrap does not recognize that individual See sections 751(a)(4) and 752(a)(1)(D) the Department to conclude that the grades of scrap may not have been of the Act. Secondly, BSES maintains duty attributable to the margin is not purchased from affiliated parties in an that the Department should recognize being absorbed by the respondent. arm’s-length transaction. As support for that the small dumping margins that This is an instance where the its argument, petitioner cites 19 BSES has not yet succeeded in existence of a margin raises an initial U.S.C.A. 1677b(f)(2) (1996 Supp.); also, eliminating are not evidence of presumption that the respondent is, in Final Results of Antidumping Duty absorption. fact, absorbing the duty. As such, the Administrative Review; Dynamic BSES contends that, in determining burden of producing evidence to the Random Access Memory whether a respondent’s pricing policies contrary shifts to the respondent. See Semiconductors of One Megabit or demonstrate an intent to pass on or Creswell Trading Co., Inc. v. United Above From the Republic of Korea, 61 absorb duties, the Department may and States, 15 F.3d 1054 (Fed. Cir. 1994). FR 20216, 20221 (May 6, 1996); Final should consider a respondent’s sales Here, the respondent has failed to place Results of Antidumping Duty prices in the aggregate and thus should evidence on the record in support of its Administrative Review; Tapered Roller offset the sale-specific dumping margins position that it is not absorbing the Bearings, Four Inches or Less in Outside found in the review by the negative duties. Further, while the fact that Diameter, and Certain Components margins found in the review. BSES respondent’s margin has fallen indicates Thereof, from Japan, 56 FR 65228, notes that the Department’s preliminary that the level of dumping has decreased, 65237 (December 16, 1991); and Final review results found that BSES had a it does not indicate the absence of duty Determination of Sales at Less Than Fair very low dumping margin and argues absorption in this review period, as Value; Certain Granite Products From that the Department should recognize there is still a positive margin. Italy, 53 FR 27187, 27193 (July 19, that BSES’s pattern of pricing shows We disagree with BSES that negative 1988). that it has conscientiously raised its and positive margins should be BSES contends that scrap is not a prices and reduced its margin and thus aggregated. The Department treats so- uniform commodity with a single, has not absorbed antidumping duties. called ‘‘negative’’ margins as being stable, established price. The market is 18746 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices volatile, with prices varying from period notes that, in the preliminary results, administrative expenses be based on to period and from supplier to supplier. the Department added imputed U.S. actual amounts incurred by the exporter BSES claims that each month it and its credit expenses to the foreign unit for production and sale of the foreign suppliers assess the market and prices in dollars (FUPDOL). However, it like product. Consistent with section negotiate the price for each grade of failed to make a corresponding 773(a)(6) of the Act, adjustments to scrap to be purchased in the coming adjustment for home market credit normal value are appropriate where CV month. The relationship does not affect expenses by subtracting such expenses is the basis of normal value. The the negotiated price. BSES further from the CV. BSES suggests that the Department uses imputed credit claims that both affiliated and Department make this correction by expenses to measure the effect of a unaffiliated suppliers sell to BSES in a calculating separately a weighted- specific respondent’s selling practices in tight cluster of prices that hover closely average imputed home market credit the United States and the comparison to theoretical market price, which expense in addition to the total actual market. See Antifriction Bearings (Other sometimes is slightly higher than the direct selling expenses, and then Than Tapered Roller Bearings) and Parts average and sometimes slightly lower, deducting the weighted average home Thereof from France, Germany, Italy, but always dictated by the going market market credit expenses from CV. BSES Japan, Singapore, and the United price. BSES notes that, out of 21 grades maintains that the Department’s normal Kingdom; Final Results of supplied by both affiliated and value calculation methodology Administrative Reviews, 62 FR 2119–20 unaffiliated suppliers, affiliated recognizes that home market price (January 15, 1997). Because export price suppliers’ average prices were higher for includes all cost and expenses, is the basis for United States price in 12 of these grades and unaffiliated including imputed credit expense, since this review, the adjustment entails suppliers higher for 9 grades. BSES the Department makes a COS adding U.S. imputed credit to the CV, maintains that the affiliated scrap prices adjustment for this expense in price-to- and subtracting home market imputed for many of the grades are understated, price comparisons. Similarly, a COS credit from the CV. The U.S. imputed since its most important affiliated adjustment is also required for CV, since credit was added for the preliminary suppliers do not include freight to imputed credit expenses are included in results; for these final results, we have BSES’s location in their prices while the CV. BSES cites section 773(e) of the Act, also subtracted the home market unaffiliated suppliers sell on a delivered which directs the Department to imputed credit. See section basis. BSES notes that, where scrap calculate CV as the sum of actual 773(a)(6)(c)(iii) of the Act. sales were made on an ex-factory basis, expenses incurred in the manufacture of Comment 6: BSES contends that the BSES included its freight expense in the the product sold in the United States, Department inadvertently deducted the material cost used in the reporting of the plus the actual selling expenses from home market quantity adjustment twice cost of production and constructed the home market sales file, plus general at lines 149 and 321 of the preliminary value (CV). BSES claims that petitioner and administrative expenses (including margin program. has distorted its scrap data, to conclude net interest expense), plus the actual Department’s Position: We agree with that the data show affiliated prices to be profit realized on home market sales. BSES and have revised our computer generally lower than unaffiliated prices. BSES argues that since the Department programming language accordingly for Department’s Position: We agree with added imputed U.S. credit to the these final results of review. BSES that scrap purchases from FUPDOL, to ensure a fair comparison it Comment 7: BSES argues that the affiliated suppliers were made at arm’s- must correspondingly deduct home Department erroneously applied a length prices, and that therefore no market credit from CV. BSES contends conversion factor to U.S. credit adjustment to scrap prices is warranted. that the Department’s Office of insurance. BSES claims that, since U.S. As BSES notes, the overall weighted- Accounting has endorsed the credit insurance is denominated in U.S. average price for all grades of scrap methodology and it is also reflected in dollars, applying the conversion factor during the fiscal year is somewhat the following cases: Final Results of is incorrect. higher from affiliated suppliers than Administrative Review: Certain Welded Department’s Position: We agree with from unaffiliated suppliers. See Carbon Steel Pipe and Tube from BSES and have revised our computer memorandum to the file from Leon Turkey, 61 FR 69067 (December 31, programming language accordingly for McNeill, April 9, 1997. 1996) and Final Determination of Sales these final results of review. Comment 4: Petitioner argues that, for at Less Than Fair Value; Large Comment 8: BSES maintains that the the upcoming administrative review, the Newspaper Printing Presses from Japan Department erred in converting U.S. Department should require respondent (LNPPs from Japan), 61 FR 38139, packing from pounds sterling to U.S. to allocate each individual rebate over 38147–48 (July 23, 1996). dollars twice in calculating the FUPDOL only those sales benefitting from the Petitioner argues that since the for both price-to-price and CV rebate rather than over all sales. Department did not include home comparisons. BSES contends that no changes market imputed credit in CV, it is not Department’s Position: We agree with should be made to the Department’s appropriate to deduct a home market BSES and have revised our computer analysis in either this review or future credit expense from CV. Petitioner notes programming language accordingly for reviews. that although the Department has these final results. Department’s Position: Since this reached the opposite conclusion in Comment 9: BSES claims that the comment refers to an upcoming several recent cases, including LNPPs Department misspelled the commission administrative review of this order, it is from Japan, as cited by BSES, it should offset variable in the preliminary margin not relevant to this review. Therefore, apply the pre-URAA policy of adjusting program. As a result, the commission for these final results, the Department CV for imputed credit expenses. offset was not applied to the FUPDOL has not taken any action on this issue. Department’s Position: We agree with for price-to-price comparisons where Comment 5: BSES argues that the BSES that a COS adjustment should be the U.S. commissions are greater than or Department failed to make a made for home market imputed credit equal to the home market indirect circumstance-of-sale (COS) adjustment expenses in CV comparisons. Under the selling expenses. for home market imputed credit URAA, for both COP and CV, the statute Department’s Position: We agree with expenses for CV comparisons. BSES provides that selling, general and BSES, and have revised our computer Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18747 programming language accordingly for programming language to make the calculating CV profit. For these final these final results. appropriate clerical error correction. results, we have included these Comment 10: Petitioner argues that expenses in the calculation of CV profit. the Department inadvertently used the Correction of Clerical Error field MONTHU to establish the year for For the preliminary results, we failed Final Results of Review a concordance entry. to include direct selling expenses, As a result of our review, we Department’s Position: We agree with indirect selling expenses, and U.S. petitioner. Accordingly, for these final packing expenses in the amount by determine that the following weighted- results, we have revised our computer which the profit ratio was multiplied in average margin exists:

Margin Manufacturer/exporter Period of review (per- cent)

British Steel Engineering Steels Limited (BSES)(formerly United Engineering Steels Limited) ...... 3/1/95±2/29/96 4.56

The Department shall determine, and antidumping duties prior to liquidation SUMMARY: On September 17, 1996, the the Customs Service shall assess, of the relevant entries during this Department of Commerce (‘‘the antidumping duties on all appropriate review period. Failure to comply with Department’’) published in the Federal entries. Individual differences between this requirement could result in the Register (61 FR 48882) a notice export price and normal value may vary Secretary’s presumption that announcing the initiation of an from the percentage stated above. reimbursement of antidumping duties administrative review of the Because there is a concurrent review of occurred and subsequent assessment of antidumping duty order on oil country the countervailing duty order on the double antidumping duties. tubular goods (‘‘OCTG’’) from subject merchandise, final assessments Argentina. This review covered the Notification to Interested Parties for BSES will reflect the final results of period June 29, 1995 through July 31, the countervailing duty administrative This notice also serves as a reminder 1996 (for OCTG other than drill pipe) review in accordance with 19 CFR to parties subject to administrative and August 11, 1995 through July 31, 353.41(d)(iv). The Department will issue protective order (APO) of their 1996 (for drill pipe). This review has appraisement instructions directly to responsibility concerning the now been rescinded as a result of the the Customs Service. disposition of proprietary information absence of entries into the United States Furthermore, the following deposit disclosed under APO in accordance of subject merchandise during the requirements will be effective upon with 19 CFR 353.34(d). Timely written period of review. publication of this notice of final results notification of return/destruction of EFFECTIVE DATE: April 17, 1997. of review for all shipments of certain APO materials or conversion to judicial FOR FURTHER INFORMATION CONTACT: hot-rolled lead and bismuth carbon steel protective order is hereby requested. Alain Letort or John Kugelman, AD/CVD products from the United Kingdom Failure to comply with the regulations Enforcement Group III—Office 8, Import entered, or withdrawn from warehouse, and the terms of an APO is a Administration, International Trade for consumption on or after the sanctionable violation. Administration, U.S. Department of publication date, as provided by section This administrative review and notice Commerce, 14th Street and Constitution 751(a)(1) of the Act: (1) The cash deposit are in accordance with section 751(a)(1) Avenue, N.W., Washington, D.C. 20230; rate for the reviewed company will be of the Act (19 U.S.C. 1675(a)(1)) and 19 telephone (202) 482–4243 or (202) 482– the rate listed above; (2) for previously CFR 353.22. 0649, respectively, or fax (202) 482– reviewed or investigated companies not Dated: April 9, 1997. 1388. listed above, the cash deposit rate will Robert S. LaRussa, SUPPLEMENTARY INFORMATION: On August continue to be the company-specific rate 30, 1996, petitioners requested an published for the most recent period; (3) Acting Assistant Secretary for Import Administration. administrative review of Siderca if the exporter is not a firm covered in S.A.I.C., an Argentine producer and [FR Doc. 97–9971 Filed 4–16–97; 8:45 am] this review, a prior review, or the exporter of OCTG, and Siderca original less-than-fair-value (LTFV) BILLING CODE 3510±DS±P Corporation, a U.S. importer and investigation, but the manufacturer is, reseller of such merchandise the cash deposit rate will be the rate DEPARTMENT OF COMMERCE (collectively, ‘‘Siderca’’), with respect to established for the most recent period the antidumping duty order published for the manufacturer of the International Trade Administration in the Federal Register on August 11, merchandise; and (4) for all other 1995 (60 FR 41055). We initiated this producers and/or exporters of this review on September 17, 1996 (61 FR [A±357±810] merchandise, the cash deposit rate shall 48882). be 25.82 percent, the ‘‘all others’’ rate Oil Country Tubular Goods From On October 4, 1996, Siderca filed a established in the LTFV investigation Argentina; Rescission of Antidumping letter with the Department certifying (58 FR 6207, January 27, 1993). These Duty Administrative Review that it did not export, directly or deposit requirements shall remain in indirectly, subject merchandise that was effect until publication of the final AGENCY: Import Administration, entered for consumption into the United results of the next administrative International Trade Administration, States during the period of review review. Department of Commerce. (‘‘POR’’). Siderca also certified that its This notice serves as a final reminder U.S. affiliate, Siderca Corporation, did ACTION: Notice of rescission of to importers of their responsibility not import for U.S. consumption any of antidumping duty administrative under 19 CFR 353.26 to file a certificate the subject merchandise during the review. regarding the reimbursement of POR. 18748 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

On October 25, 1996, petitioners to be the rate established in the most Commission (ITC) notified the claimed that publicly available import recently completed segment of this Department of its final determination, data contradicted Siderca’s claims. proceeding. pursuant to section 735(b)(1)(A)(i) of the Petitioners contended these data This notice is published in Act, that a regional industry in the showed that Siderca was the shipper of accordance with section 751 of the United States is materially injured by a substantial quantity of OCTG (drill Tariff Act of 1930, as amended (19 reason of imports of the subject pipe and green tubing) during the U.S.C. § 1675 (1995)), and section merchandise from Turkey. period August through December, 1995, 353.22 of the Department’s regulations In accordance with section 736(a)(1) and that Siderca was listed as the (19 CFR § 353.22 (1996)). of the Act, the Department will direct consignee of each entry. Petitioners Dated: April 10, 1997. Customs officers to assess, upon further noted that none of these entries Joseph A. Spetrini, advice by the administering authority, appeared in official U.S. import antidumping duties equal to the amount statistics. Petitioners also claimed those Deputy Assistant Secretary, Enforcement Group III, Import Administration. by which the normal value of the statistics showed that a very small merchandise exceeds the export price [FR Doc. 97–9967 Filed 4–16–97; 8:45 am] quantity of seamless casing entered the (or the constructed export price) of the United States from Argentina in BILLING CODE 3510±DS±P merchandise for all entries of rebar from December 1995, and requested that Turkey. These antidumping duties will Siderca be asked to explain the exact DEPARTMENT OF COMMERCE be assessed on all unliquidated entries nature, timing, and details of this of rebar from Turkey entered, or shipment. International Trade Administration withdrawn from warehouse, for On October 30, 1996, we sent a no- consumption on or after October 10, shipment inquiry regarding Siderca to [A489±807] 1996, the date on which the Department the U.S. Customs Service (‘‘Customs’’). Antidumpting Duty Order: Certain published its preliminary determination Customs did not indicate that there in the Federal Register (61 FR 53203). were records of any consumption Steel Concrete Reinforcing Bars From Turkey On or after the date of publication of entries of OCTG by Siderca during the this notice in the Federal Register, POR. On November 13, 1996, Siderca AGENCY: Import Administration, Customs officers must require, at the asserted in a letter to the Department International Trade Administration, same time as importers would normally that none of the six entries of drill pipe Department of Commerce. deposit estimated duties on this and green tubing referenced by EFFECTIVE DATE: April 17, 1997. merchandise, a cash deposit equal to the petitioners was a consumption entry; estimated weighted-average rather, Siderca claimed, two of these FOR FURTHER INFORMATION CONTACT: Shawn Thompson, Cameron Werker, or antidumping duty margins as noted entries were temporary importation in- below. The ‘‘All Others’’ rate applies to bond (‘‘TIB’’) entries and four were Fabian Rivelis, Import Administration, International Trade Administration, all exporters of rebar not specifically entries into a foreign-trade zone listed below. (‘‘FTZ’’). Siderca argued that none of U.S. Department of Commerce, 14th The ad valorem weighted-average these entries could serve as the basis for Street and Constitution Avenue, NW., dumping margins are as follows: an administrative review since they Washington, DC 20230; telephone: (202) 482–1776, (202) 482–3874, or (202) 482– were not imported into the United Producer/manufacturer/ex- Margin States for consumption. Siderca also 3853; respectively. porter percentage stated that it had no knowledge of, or Scope of Order involvement with, the very small Colakoglu Metalurji A.S. or shipment of seamless casing that The merchandise covered by this Colakoglu Dis Ticaret allegedly entered the United States in order is all stock deformed steel (Colakoglu) ...... 9.84 December 1995. Siderca surmised that concrete reinforcing bars sold in straight Ekinciler Demir Celik or this shipment involved parties other lengths and coils. This includes all hot- Ekinciler Dis Ticaret (Ekinciler) ...... 18.68 than itself. There is no evidence on the rolled deformed rebar rolled from billet steel, rail steel, axle steel, or low-alloy Habas Sinai Ve Tibbi Gazlar record that would lead us to question Istihsal Endustrisi A.S. this claim by Siderca. steel. It excludes (i) plain round rebar, (Habas) ...... 18.54 On April 8, 1997, we received official (ii) rebar that a processor has further Izmir Demir Celik Sanayi confirmation from Customs that two of worked or fabricated, and (iii) all coated A.S. (IDC) ...... 41.80 the entries of drill pipe and green tubing rebar. Deformed rebar is currently Izmir Metalurji Fabrikasi Turk in question were TIB entries and that classifiable in the Harmonized Tariff A.S. (Metas) ...... 30.16 the remaining four were FTZ entries. Schedule of the United States (HTSUS) All Others ...... 16.06 Customs also confirmed that none of under item numbers 7213.10.000 and these six entries entered the customs 7214.20.000. The HTSUS subheadings In the final determination, the territory of the United States during the are provided for convenience and Department found that critical POR for consumption. customs purposes. The written circumstances exist with respect to Because the only firm for which a description of the scope of this order is exports of rebar from Turkey by all review was requested made no entries dispositive. exporters except Colakoglu. However, into the customs territory of the United on April 10, 1997, the ITC notified the States during the POR, we are Antidumping Duty Order Department of its negative rescinding this review in accordance In accordance with section 735(a) of determination regarding critical with the Department’s practice. See the Tariff Act of 1930, as amended (the circumstances. As a result of the ITC’s Antidumping Duties; Countervailing Act), the Department made its final determination, pursuant to section Duties; Notice of Proposed Rulemaking, determination that rebar from Turkey is 735(c)(3) of the Act, we shall order 61 FR 7308, 7317, 7365 (February 27, being sold at less than fair value (62 FR Customs to terminate the retroactive 1996) (section 351.213(d)(3)). The cash 9737, March 4, 1997). On April 10, suspension of liquidation and to release deposit rate for this firm will continue 1997, the International Trade any bond or other security and refund Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18749 any cash deposit required under section Intended Use: See notice at 62 FR 5620, Docket Number: 96–136. Applicant: 733(e)(2) of the Act with respect to February 6, 1997. Reasons: The foreign Washington University, St. Louis, MO entries of subject merchandise entered, instrument provides: (1) A combination 63130–4899. Instrument: Mass or withdrawn from warehouse, for of magnetic and electrostatic lenses Spectrometer, Model MAT 252. consumption prior to October 10, 1996. providing a peak sensitivity of 500 000 Manufacturer: Finnigan MAT, Germany. This notice constitutes the cps at 10–9 A beam current, (2) charge Intended Use: See notice at 62 FR 5619, antidumping duty order with respect to neutralization and (3) digital control of February 6, 1997. rebar from Turkey. Interested parties transfer optics, analyzer, and other Comments: None received. Decision: may contact the Central Records Unit, instrument functions. Advice received Approved. No instrument of equivalent Room B–099 of the Main Commerce from: A U.S. Department of Energy scientific value to the foreign Building, for copies of an updated list laboratory, March 19, 1997. instrument, for such purposes as it is intended to be used, is being of antidumping duty orders currently in Docket Number: 96–145. Applicant: manufactured in the United States. effect. Georgia Institute of Technology, Atlanta, This order is published in accordance Reasons: The foreign instrument GA 30322–0834. Instrument: Ion- with section 736(a) of the Act. provides: (1) Automated preparation Assisted Deposition System, Model APS and isotopic analysis of carbonate, CO Dated: April 11, 1997. 1104. Manufacturer: Leybold AG, 2 Robert S. LaRussa, and O2 microsamples, (2) an ion Germany. Intended Use: See notice at 62 collection system with 460 mm Acting Assistant Secretary for Import FR 6215, February 11, 1997. Reasons: Administration. deflection radius and (3) mass range of The foreign instrument provides: (1) A 1–150 at 10 kV. These capabilities are [FR Doc. 97–9968 Filed 4–16–97; 8:45 am] proprietary plasma source for ion- pertinent to the applicant’s intended BILLING CODE 3510±DS±M assisted deposition, (2) uniform purposes and we know of no other deposition over an area as large as one instrument or apparatus of equivalent meter in diameter and (3) ability to DEPARTMENT OF COMMERCE scientific value to the foreign operate with lower substrate instrument which is being temperatures than conventional electron manufactured in the United States. International Trade Administration beam deposition systems. Advice Frank W. Creel, University of Tennessee, et al.; Notice received from: Brookhaven National Laboratory, March 14, 1997. Director, Statutory Import Programs Staff. of Consolidated Decision on [FR Doc. 97–9965 Filed 4–16–97; 8:45 am] Applications for Duty-Free Entry of A domestic manufacturer of electron BILLING CODE 3510±DS±M Scientific Instruments analyzers, a U.S. Department of Energy laboratory and Brookhaven National This is a decision consolidated Laboratory advise that (1) The DEPARTMENT OF COMMERCE pursuant to Section 6(c) of the capabilities of each of the foreign Educational, Scientific, and Cultural instruments described above are International Trade Administration Materials Importation Act of 1966 (Pub. pertinent to each applicant’s intended L. 89–651, 80 Stat. 897; 15 CFR part purpose and (2) they know of no [C±122±815] 301). Related records can be viewed domestic instrument or apparatus of between 8:30 A.M. and 5:00 P.M. in Pure and Alloy Magnesium From equivalent scientific value for the Canada; Final Results of the Third Room 4211, U.S. Department of intended use of each instrument. Commerce, 14th and Constitution (1994) Countervailing Duty We know of no other instrument or Administrative Reviews Avenue, N.W., Washington, D.C. apparatus being manufactured in the Comments: None received. Decision: United States which is of equivalent AGENCY: Import Administration, Approved. No instrument of equivalent scientific value to any of the foreign International Trade Administration, scientific value to the foreign instruments. Department of Commerce. instruments described below, for such ACTION: Notice of final results of purposes as each is intended to be used, Frank W. Creel, Director, Statutory Import Programs Staff. countervailing duty administrative is being manufactured in the United reviews. States. [FR Doc. 97–9964 Filed 4–16–97; 8:45 am] Docket Number: 96–142. Applicant: BILLING CODE 3510±DS±P SUMMARY: On October 7, 1996, the University of Tennessee, Knoxville, Department of Commerce (the Knoxville, TN 37996–1200. Instrument: Department) published in the Federal Energy Analyzer and Power Supply, DEPARTMENT OF COMMERCE Register its preliminary results of Model SES–200. Manufacturer: Scienta International Trade Administration administrative reviews of the Instrument AB, Sweden. Intended Use: countervailing duty orders on pure and See notice at 62 FR 5619, February 6, Washington University; Notice of alloy magnesium from Canada for the 1997. Reasons: The foreign instrument Decision on Application for Duty-Free period January 1, 1994 through provides an energy resolution of 5 meV Entry of Scientific Instrument December 31, 1994 (see Pure (Xe gas phase) using a Gammadata VUV- Magnesium and Alloy Magnesium From source and nine predefined pass This decision is made pursuant to Canada; Preliminary Results of energies of 2, 5, 10, 20, 40, 75, 150, 300 section 6(c) of the Educational, Countervailing Duty Administrative and 500 eV. Advice received from: A Scientific, and Cultural Materials Reviews (Preliminary Results), 61 FR domestic manufacturer of electron Importation Act of 1966 (Pub. L. 89– 52435. We have completed these analyzers, March 27, 1997. 651, 80 Stat. 897; 15 CFR part 301). reviews and determine the net subsidy Docket Number: 96–143. Applicant: Related records can be viewed between to be 4.48 percent ad valorem for Norsk University of Alabama, Tuscaloosa, AL 8:30 a.m. and 5:00 p.m. in room 4211, Hydro Canada, Inc. (NHCI) and all other 35487–0209. Instrument: Auger XPS U.S. Department of Commerce, 14th and producers/exporters except Timminco Spectrometer. Manufacturer: Kratos Constitution Avenue, NW., Washington, Limited, which has been excluded from Analytical Inc., United Kingdom. DC. these orders. We will instruct the U.S. 18750 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Customs Service to assess Applicable Statute B. Article 7 Grants from the Que´bec countervailing duties as indicated Industrial Development Corporation Unless otherwise indicated, all above. citations to the statute are in reference In the preliminary results, we found EFFECTIVE DATE: April 17, 1997. to the provisions of the Tariff Act of that this program conferred FOR FURTHER INFORMATION CONTACT: 1930, as amended by the Uruguay countervailable benefits on the subject Cynthia Thirumalai or Steven Harris, Round Agreements Act (URAA) merchandise. Our analysis of the Office 1, Group 1, AD/CVD effective January 1, 1995 (the Act). The comments submitted by the interested Enforcement, Import Administration, Department is conducting these parties, summarized below, has not led International Trade Administration, administrative reviews in accordance us to change our findings from the U.S. Department of Commerce, 14th with section 751(a) of the Act. Preliminary Results. On this basis, the net subsidy for this program is as Street and Constitution Avenue, NW, Scopes of the Reviews Washington, DC 20230; tel. (202) 482– follows: 4087 and (202) 482–2239, respectively. The products covered by these reviews are shipments of pure and alloy Manufacturer/exporter Rate SUPPLEMENTARY INFORMATION: (percent) magnesium from Canada. Pure Background magnesium contains at least 99.8 NHCI ...... 3.83 percent magnesium by weight and is Pursuant to 19 CFR 355.22(a), these sold in various slab and ingot forms and reviews cover only those producers or II. Programs Found Not to be Used sizes. Magnesium alloys contain less exporters of the subject merchandise for than 99.8 percent magnesium by weight In the preliminary results, we found which reviews were specifically with magnesium being the largest that the producers and/or exporters of requested. Accordingly, these reviews metallic element in the alloy by weight, the subject merchandise did not apply cover only NHCI, a producer of the and are sold in various ingot and billet for or receive benefits under the subject merchandise which exported forms and sizes. Secondary and granular following programs: pure and alloy magnesium to the United • magnesium are not included in the St. Lawrence River Environment States during the review period. Technology Development Program. scope of the orders. Pure and alloy • On October 7, 1996, the Department magnesium are currently provided for in Program for Export Market published in the Federal Register the Development. subheadings 8104.11.0000 and • Preliminary Results of its administrative 8104.19.0000, respectively, of the Export Development Corporation. • ´ reviews of the countervailing duty Harmonized Tariff Schedule (‘‘HTS’’). Canada-Quebec Subsidiary orders on pure and alloy magnesium Although the HTS subheadings are Agreement on the Economic ´ from Canada (61 FR 52435). We invited provided for convenience and customs Development of the Regions of Quebec. • Opportunities to Stimulate interested parties to comment on the purposes, our written description of the Technology Programs. Preliminary Results. On November 6 scope of this proceeding is dispositive. and 13, 1997, case briefs and rebuttals • Development Assistance Program. were submitted by NHCI, the Secondary and granular magnesium • Industrial Feasibility Study Government of Que´bec (GOQ), and the are not included in the scopes of these Assistance Program. Magnesium Corporation of America orders. Our reasons for excluding • Export Promotion Assistance (petitioner). At the request of granular magnesium are summarized in Program. respondents, the Department held a the Preliminary Determination of Sales • Creation of Scientific Jobs in public hearing on December 4, 1996. at Less Than Fair Value: Pure and Alloy Industries. Magnesium from Canada (57 FR 6094, • These reviews cover the period Business Investment Assistance February 20, 1992). January 1, 1994 through December 31, Program. • Analysis of Programs Business Financing Program. 1994. The reviews involve one company • (NHCI) and the following programs: Research and Innovation Activities Based upon our analysis of our Exemption from Payment of Water Bills, Program. questionnaire responses and written • Article 7 Grants from the Que´bec Export Assistance Program. comments from the interested parties, • Industrial Development Corporation Energy Technologies Development we determine the following: Program. (SDI), St. Lawrence River Environment • Technology Development Program, I. Programs Conferring Subsidies Transportation Research and Program for Export Market Development Assistance Program. A. Exemption from Payment of Water Development, the Export Development We received no comments on these Bills Corporation, Canada-Que´bec Subsidiary programs from the interested parties; Agreement on the Economic In the preliminary results, we found therefore, we have not changed our Development of the Regions of Que´bec, that this program conferred findings from the Preliminary Results. Opportunities to Stimulate Technology countervailable benefits on the subject Analysis of Comments Programs, Development Assistance merchandise. Our analysis of the Program, Industrial Feasibility Study comments submitted by the interested Comment 1: Countervailability of the Assistance Program, Export Promotion parties, summarized below, has not led Exemption from Payment of Water Bills Assistance Program, Creation of us to change our findings from the Respondents argue that NHCI’s Scientific Jobs in Industries, Business Preliminary Results. On this basis, the contract with its supplier of water, La Investment Assistance Program, net subsidy rate for this program is as Societe´ du Parc Industriel et Portuaire Business Financing Program, Research follows: de Be´cancour (‘‘Industrial Park’’), was and Innovation Activities Program, inextricably linked with the credit it Export Assistance Program, Energy Manufacturer/exporter Rate received from the GOQ to offset its Technologies Development Program, (percent) water bills. If the water credit had not and Transportation Research and NHCI ...... 0.65 been received, respondents state that a Development Assistance Program. different billing arrangement would Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18751 have been made. Therefore, in Comment 2: Article 7 Assistance under not excessive in the sense described by determining the amount of the benefit the SDI Act the Department. conferred by the credit, the Department Petitioner agrees with the should look to what NHCI would have Respondents argue that the Department’s treatment of the Article 7 paid absent the water credit and the Department improperly applied its grant benefits received by NHCI and contract compared to what it paid with methodology to the Article 7 assistance emphasizes that in these reviews and in the credit and the contract. To calculate provided to NHCI. According to prior reviews the Department has what NHCI would have paid absent the respondents, because NHCI knew it addressed the germane issues regarding credit and the contract, respondents would receive interest rebates from SDI the Article 7 benefits. prior to taking out loans, the argue that the closest approximation is DOC Position the amount NHCI would have paid Department should calculate the benefit under its present contract based on using its loan methodology and reduce The issue presented by this case is actual water consumption rather than the interest rate charged by the amount whether the Article 7 assistance forecasted consumption. of the interest rebated. Respondents received by NHCI should be treated as state that this would be consistent with an interest rebate or as a grant. If it is Petitioner states that in these reviews the Department’s methodology, citing a treated as an interest rebate, then under and previous ones the Department has number of cases (e.g., Final Affirmative the methodology adopted by the thoroughly analyzed the relevant issues Countervailing Duty Determination; Department in the 1993 steel cases, the with respect to NHCI’s contract with the Certain Steel Products From the United benefit of the Article 7 assistance would Industrial Park and has correctly Kingdom (UK Steel), 58 FR 37393, 37397 be countervailed according to our loan calculated the countervailable benefit in (July 9, 1993)). methodology (Final Affirmative the Preliminary Results. Respondents further contend that the Countervailing Duty Determinations: DOC Response Preliminary Results were based on Certain Steel Products From Belgium, (Belgium Steel) 58 FR 37273, 37276, We disagree with respondents that we significant errors of fact regarding the interest rebates received by NHCI. First, July 9, 1993). However, if treated as a are required to hypothesize what NHCI grant, the benefits would be allocated would have paid for its water in the respondents argue that the relationship between the interest rebates and the over a period corresponding to the life absence of the credit and the contract it of the company’s assets. entered into to measure the benefit underlying loans was not indirect. Second, the interest rebates received by In their brief, respondents argue that conferred by the credit. The position put the interest rebate methodology reflects forward by NHCI is analogous to a NHCI reduced NHCI’s costs of borrowing for the construction of its the fact that companies face a choice situation where a company received a between debt and equity financing. If a low-interest loan from a government plant, not its costs of purchasing environmental equipment. company knows that the government is and argues to the Department that willing to rebate interest charges before because of the low interest rate, it With respect to the first point, the company takes out a loan, the borrowed more than it otherwise would respondents argue that the Department government is encouraging the company have. Therefore, the company would was incorrect in its assertion that the to borrow rather than sell equity. Hence, contend, to calculate the benefit Article 7 assistance was more closely respondents conclude, the benefit conferred by the low-interest loan, the linked to the acquisition of certain should be measured with reference to Department should compare the actual assets than the accumulation of interest the duration of the borrowing for which amount of interest paid on the low- costs. Moreover, respondents maintain the rebate is provided. interest loan with the amount of interest that the SDI assistance was not intended We disagree that the Department’s the company would have paid on a solely for the purchase of environmental interest rebate methodology was smaller loan at a higher benchmark protection equipment, but was also intended to reflect the choice between interest rate. In this loan situation, we intended to facilitate the construction of equity and loan financing. In the 1993 would not enter into a hypothetical NHCI’s facility in Que´bec. The fact that steel cases, (See, e.g., Belgium Steel), we calculation of what amount the the Article 7 assistance was intended to examined a particular type of subsidy, company would have borrowed absent achieve more than one objective does interest rebates, and determined which the low-interest loan. Instead, consistent not distinguish the Article 7 assistance of our valuation methodologies was with section 771(5)(A)(II)(c) of the Act, from other interest rebate programs most appropriate. The possible choices we would simply countervail the which the Department has treated under were between the grant and loan difference in the two interest rates its loan methodology, according to methodologies. Where the company had without regard to what effect the respondents. knowledge prior to taking the loan out interest rate has on the other terms of With respect to the second point, that it would receive an interest rebate, the loan, i.e., the amount borrowed. respondents argue that since the we decided that the loan methodology In these reviews, the terms of the Department wrongly assumed that the was most appropriate because there is contract between NHCI and the Article 7 assistance was provided solely virtually no difference between the Industrial Park unambiguously state that for the purchase of environmental government offering a loan at 5 percent NHCI is required to pay an amount equipment, the Department was able to interest (which would be countervailed based, in part, on forecasted conclude that the interest rebates according to the loan methodology) and consumption. To the extent the GOQ’s exceeded the interest that would be in offering to rebate half of the interest provision of the credit relieved NHCI connection with the purchase of the paid on a 10 percent loan from a from paying its water bills, a environmental equipment. Hence, the commercial bank each time the countervailable benefit existed without Department concluded that the Article 7 company makes an interest payment. regard to whether NHCI would have assistance should not be treated as an Hence, we were seeking the closest received different terms under an interest rebate. However, because the methodological fit for different types of alternative arrangement. Therefore, we Article 7 assistance was intended to interest rebates. determine that the benefit is the full reduce the cost of financing for the However, the interest rebate amount of the credit. project as a whole, the assistance was methodology described in the 1993 steel 18752 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices cases was never intended to dictate that is dispositive of whether the interest case-by-case analysis, citing PPG the Department should apply the loan rebate methodology used in the 1993 Industries, Inc. v. United States (928 methodology in every situation in steel cases is appropriate. We believe F.2d 1568, 1577 (Fed.Cir. 1991)), which a government makes this program more closely resembles the Geneva Steel v. United States (914 contributions toward a company’s scenario described above where the F.Supp. 563, 598 (CIT 1996)), and Final interest obligations. The appropriate government agrees to pay all interest Affirmative Countervailing Duty methodology depends on the nature of incurred on construction loans taken Determinations: Certain Steel Products the subsidy. For example, assume that out by a company over the next year up from Brazil (58 FR 37295, 37303 (July 9, the government told a company that it to a specified amount. Because, in this 1993)) to support their reasoning. would make all interest payments on all case, the amount of assistance is Respondents also cite the sixth construction loans the company took calculated by reference to capital administrative review of Live Swine out during the next year up to $6 equipment purchases (something from Canada; Final Results of million. This type of ‘‘interest rebate’’ extraneous to the interest on the loan) Countervailing Duty Administrative operates essentially like a $6 million and the reimbursements do not relate to Review (Live Swine) (59 FR 12243 grant restricted to a specific purpose. particular loans, we determine that the (March 16, 1994)) as an example where Whether the purpose is to pay interest Article 7 assistance should be treated as the Department reexamined the expenses or buy a piece of equipment a grant. countervailability of benefits found to does not change the nature of the The Department has in past cases be de facto specific in prior reviews. subsidy. In contrast, the interest rebate classified subsidies according to their Respondents maintain that given the methodology is appropriate for the type characteristics. For example, in the Department’s responsibility to make a of interest rebate programs investigated General Issues Appendix (GIA) finding of specificity and in the 1993 steel cases, i.e., partial appended to Final Countervailing Duty countervailability based on the interest rebates paid over a period of Determination; Certain Steel Products information relevant to the POR, the years on particular long-term loans. from Austria (58 FR 37063, 37226, July Department should consider any new As we did in the 1993 steel cases, the 9, 1993), we developed a hierarchy for assistance provided by SDI since the Department in these reviews is seeking determining whether so-called ‘‘hybrid end of the original period of the most appropriate methodology for instruments’’ should be countervailed investigation. To this end, the GOQ the Article 7 assistance. We erred in our according to our loan, grant or equity provided information on the Article 7 Preliminary Results of First methodologies. In short, we were asking assistance extended up to, and Countervailing Duty Administrative whether the details of particular including, the POR in a submission Reviews: Pure Magnesium and Alloy government ‘‘contributions’’ made them dated April 4, 1996. The GOQ also Magnesium from Canada, 61 FR 11186 more like a loan, a grant or an equity provided information on assistance (March 19, 1996), in stating that the infusion. Similarly, when a company provided under Article 9 of the SDI Act primary purpose of the Article 7 receives a grant, we look to the nature in that same submission. According to assistance was to underwrite the of the grant to determine whether the the GOQ, assistance under Article 9 purchase of environmental equipment. grant should be treated as recurring or should be included in the Article 7 However, it cannot be disputed that the non-recurring. In these reviews, we have specificity analysis because Article 9 environmental equipment played a undertaken the same type of analysis, was the predecessor of Article 7 and the crucial role in the agreement between i.e., determining an appropriate provisions of Article 9 functioned SDI and NHCI. Most importantly, the calculation methodology based on the basically the same as those of Article 7. aggregate amount of assistance to be nature of the subsidy in question. As Respondents then present a provided was determined by reference with hybrid instruments and recurring/ methodology they believe should be to the cost of environmental equipment non-recurring grants, it is appropriate to employed whereby the Department to be purchased. In this respect, the determine which methodology is most would compare the portion of NHCI’s Article 7 assistance is like a grant for appropriate based on the specific facts original grant allocated to the POR, capital equipment. of the Article 7 assistance. Although the based on the Department’s standard Further, the assistance provided by Article 7 assistance exhibits allocation methodology, and the SDI is distinguishable from the interest characteristics of both an interest rebate portions of benefits allocated to the POR rebates addressed in the 1993 steel cases and a grant, based on an overview of the for all assistance bestowed to all other in that the interest payments in the steel contract under which the assistance was enterprises receiving SDI assistance cases rebated a portion of the interest provided, we determine that the weight under Articles 7 and 9 to determine paid on particular long-term loans. of the evidence in this case supports our whether NHCI received a Here, although the disbursement of treatment of the Article 7 assistance as disproportionate share of benefits. Article 7 assistance was contingent, a grant. Petitioner concurs with the inter alia, on NHCI making interest Department’s decisions on this issue in Comment 3: Reexamination of payments, the disbursements were not these reviews and in prior segments of Specificity of the Article 7 Assistance tied to the amount borrowed, the the proceedings. number of loans taken out or the interest In the event the Department continues rates charged on those loans. Instead, to treat the Article 7 assistance as a non- DOC Position the disbursements were tied to NHCI recurring grant, respondents state that It is the Department’s policy not to meeting specific investment targets and the Department is obliged to make a revisit specificity determinations absent generally to NHCI having incurred finding that the Article 7 assistance the presentation of new facts or interest costs on borrowing related to conferred a subsidy to NHCI during the evidence (see, e.g., Carbon Steel Wire the construction of its facility. POR. The Department may not, as it has Rod From Saudi Arabia; Final Results of Therefore, while we recognize that here, rely on a factual finding of Countervailing Duty Administrative NHCI had to borrow and pay interest in disproportionality during a different Review and Revocation of order to receive individual time period and different amounts of Countervailing Duty Order, 59 FR disbursements of the Article 7 assistance. Respondents state that a 58814, November 15, 1994). In these assistance, we do not agree that this fact finding of de facto specificity requires a reviews, no new facts or evidence have Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18753 been presented which would lead us to proceeding (e.g., the first review of an to Article 7. Article 9 assistance, like Article question that determination. We address order distinct from the second review), 7, required authorization by the respondents’ arguments in favor of but to a separate investigation or review Gouvernement du Que´bec. making a POR-specific determination of different products (e.g., an In order for the Department to treat two and the relevance of the information investigation of carbon black from programs as one for purposes of its submitted for consideration below. Mexico as opposed to an investigation specificity analysis, it must be of steel products from Brazil). It is this demonstrated that the two programs are POR-Specific Determinations Re: De latter definition of ‘‘case’’ we find to be integrally linked. When examining the Facto Specificity the proper basis for examination of de issue of integral linkage, it has been the Respondents refer to the various facto specificity determinations. Since a Department’s practice to examine, reviews of the countervailing duty order separate de facto specificity among other things, the administration on live swine from Canada as determination was made in the of the programs, evidence of a demonstrating that the Department has, investigations of pure and alloy government policy to treat industries as a matter of course, revisited its de magnesium, we find that the analysis equally, the purposes of the programs as facto specificity determinations from was properly conducted. stated in their enabling legislation and one segment of a proceeding to another. In proposing that the Department base the manner of funding the program (see While distinct de facto specificity a POR-specific de facto specificity Final Negative Countervailing Duty determinations were made with respect finding on the portions of non-recurring Determination and Final Negative to the Tripartite program in the fourth, grants allocated to the POR, the Critical Circumstances Determination: fifth and sixth reviews of the order on respondents appear to be confusing the Certain Laminated Hardwood Trailer live swine from Canada, these were not initial specificity determination based Flooring From Canada 62 FR 5201, 5210 done as a matter of course. The on the action of the granting authority (February 4, 1997)). As can be seen from Department reexamined specificity in at the time of bestowal with the the foregoing, the GOQ has failed to these reviews of live swine only as a allocation of the benefit over time. provide any evidence supporting its result of an adverse decision by the These are two separate processes. The implicit claim that Articles 7 and 9 Binational Panel. Because the Binational portions of grants allocated to periods of should be treated as one program. Since Panel overturned the Department’s time using the Department’s standard Articles 7 and 9 are separate programs, finding of specificity regarding the allocation methodology are irrelevant to information submitted on Article 9 Tripartite program in the fourth review an examination of the actual assistance does not call into question of live swine for lack of evidence (and distribution of benefits by the granting the original specificity determination eventually rejected its analysis government at the time of bestowal. regarding Article 7. regarding specificity in the fifth review Based on all of the arguments above, Relevance Of Submitted Information but upheld its decision), the Department we find that the GOQ has not provided continued to collect information in the As stated in the preceding section, the new information which would cause us sixth review, which was running proper time period for a specificity to revisit our original specificity concurrently with the Binational determination is the time of bestowal. determination. As a result, the bases of proceedings. In explaining its actions in Therefore, information submitted by the the original specificity determination the sixth review, the Department GOQ on assistance provided subsequent and the conclusions of that recognized that it does not routinely to the time of bestowal of the assistance determination are still valid. We, revisit specificity determinations, as granted to NHCI under Article 7 of the therefore, maintain that assistance respondents would have us believe, in SDI Act is not relevant to the specificity provided to NHCI under Article 7 of the stating the following: determination. The remaining SDI Act is specific and, therefore, information presented by the GOQ on Although our practice is not to reexamine countervailable. the Article 7 assistance granted prior to a specificity determination (affirmative or Comment 4: Appropriate Denominator negative) made in the investigation or in a and including the time of bestowal of review absent new facts or evidence of NHCI’s Article 7 benefits is nearly Respondents state that in the changed circumstances, the record in the identical to that utilized by the Preliminary Results the Department prior reviews did not contain all of the Department in its original specificity deviated from its standard practice in information we consider necessary to define determination. Differences between the determining the denominator for the agricultural universe in Canada. updated information on Article 7 companies with multinational (See Live Swine.) As can be seen from provided by the GOQ and information production facilities that fail to rebut the foregoing, the facts surrounding the used in the original specificity the presumption that subsidies are live swine reviews do not correspond to determination are sufficiently small so domestically tied. In particular, the situation presented here. In as not to compromise the original respondents argue that it is the particular, the issue of specificity had specificity determination. Department’s policy to tie such not been conclusively settled in the live As for the GOQ’s argument that subsidies to domestic operations, by swine reviews and was in the process of assistance under Article 9 should also allocating benefits to sales by the litigation, and different information was be included in the specificity analysis, domestic company regardless of country available; unlike this case in which a we note that the GOQ neither alleged of manufacture, as opposed to tying to definitive specificity determination had that Articles 7 and 9 are integrally domestic production, as was done in the already been established. linked nor provided information which Preliminary Results. Respondents As for respondents’ arguments that de would allow us to make a determination additionally state that the Department facto specificity determinations should on integral linkage. Information on the both failed to explain its basis for be done on a case-by-case basis, we record in these proceedings with respect presuming that the subsidies were tied agree. However, we disagree with to Article 9 consists only of the to Canadian production and to respond respondents as to what ‘‘case-by-case’’ following statement by the GOQ in its to NHCI’s arguments in favor of means. In each of the citations original response to the questionnaire: allocating the subsidies over sales by respondents refer to, ‘‘case’’ referred not Article 7 replaced Article 9 of the SDI Act NHCI of subject merchandise regardless to a separate segment of the same in 1986. Article 9 operated almost identically of country of manufacture. In so doing, 18754 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices respondents claim the Department introduction of a new policy late into NHCI benefited all of the company’s denied NHCI due process by preventing the course of a proceeding in this case. operations, not just its manufacturing it from rebutting the presumption and Therefore, the Department was not activities, we note that in the GIA it from responding to the rationale the required to forewarn respondents of the states, ‘‘A party may rebut this Department used to support its decision use of the rebuttable presumption. presumption by presenting evidence to tie the subsidies to domestic We also note that the use of a tending to show that the subsidy was production. In support of their assertion denominator based only on not tied to domestic production . . .’’ that the subsidies NHCI received are domestically produced merchandise did The phrase, ‘‘tending to show’’ means tied to its domestic operations, not come as a surprise to respondents. that the party attempting to rebut the respondents state that any funds To begin, in the original investigations presumption must provide enough received benefited all employment- of these cases (which pre-dated the evidence to convince a reasonable fact- related activities in Canada (e.g., sales of rebuttable presumption) the Department finder of the non-existence of the all products) and that these activities are used a denominator based only on sales presumed fact—that subsidies are tied related to both domestic and foreign of domestically produced merchandise to the recipient firm’s domestic production. Respondents elaborate (Final Affirmative Countervailing Duty production (Results of Redetermination further that the denominator policy Determinations: Pure Magnesium and Pursuant to Court Remand on General used by the Department in this case is Alloy Magnesium From Canada, 57 FR Issue of Sales Denominator: British Steel a deviation from the fungibility of 30946 (July 13, 1992)). Since the plc v. United States, Consol. Ct. No. 93– money principle. investigations in these cases, there has 09–00550-CVD, Slip Op. 95–17 and Respondents also cite British Steel plc been a changed circumstances review Order (CIT Feb. 9, 1995) at 17). The v. United States (British Steel) (479 F. (57 FR 54047 (November 16, 1992)) and mere absence of evidence limiting the Supp. 1254, 1371) in which the Court a Binational Panel proceeding. In all of government’s intended scope of the reversed and remanded the the proceedings, the denominators have benefit to domestic production is not Department’s determinations because it included only domestically produced sufficient. In this case, respondents’ found that the Department should have merchandise and in no case have arguments have not risen to the level of given plaintiffs due notice of its respondents objected to those evidence that would convince us that decision to apply the rebuttable denominators. In addition, the the GOQ intended that the subsidies it presumption that the subsidies at issue questionnaire for these reviews bestowed on NHCI were to benefit more were tied to domestic production in requested information on sales than just domestic production. order to allow plaintiffs the opportunity denominators based on domestically Therefore, respondents have failed to to rebut the Department’s presumption. produced merchandise. NHCI provided rebut the presumption that the subsidies Petitioner agrees with the the requested sales denominator received by NHCI were tied to domestic Department’s decisions and analyses of information along with denominators production. this issue in these reviews and in prior based on total sales by NHCI and The Department’s methodology for segments of these proceedings. arguments why those based on total determining what to include in the DOC Response: sales should be used. Moreover, sales of denominator when a company has domestically produced merchandise foreign manufacturing operations is Respondents cite British Steel in an were used as the denominator in the explained in the GIA: ‘‘If we determine attempt to imply that the Department Preliminary Results. As can be seen that the subsidy is tied to domestic must inform parties early during the from the foregoing, respondents were production, we will allocate the benefit course of each proceeding of its intent aware as to the possible use of a of the subsidy fully to sales of to use the rebuttable presumption that denominator based on domestically domestically produced merchandise’’ subsidies to companies with foreign produced merchandise and did indeed [emphasis added] (GIA at 37231). This manufacturing operations are tied to have an opportunity to attempt to rebut quotation makes it clear that sales of domestic production. However, the facts the presumption. foreign-produced merchandise by a involved in British Steel are readily Respondents also argue that the respondent company would not be distinguishable. Therefore, the holding Department must explain the basis of its included in the denominator. Even if we in that case does not apply to the presumption. However, the idea behind were to consider tying the subsidies at present situation. the use of a rebuttable presumption is issue to domestic operations, using In British Steel, the Court was that the fact presumed—in this case that respondents’ suggestion of a sales examining the Department’s policy of subsidies bestowed on companies with denominator based on total NHCI sales using the rebuttable presumption foreign manufacturing operations are would be improper since such a figure articulated in the GIA. In particular, the tied to domestic production—becomes would include sales of foreign-produced Court took issue with the introduction the default position and does not have merchandise by NHCI and, therefore, of the new policy in the final- to be explained in each case. As the value-added from operations in other determination stage of the investigation, Department stated in the GIA, ‘‘Thus, countries. Based on the foregoing because the timing prevented parties under the Department’s refined ‘‘tied’’ arguments, we have continued to from both commenting on the analysis, the Department will begin by allocate subsidies received by NHCI to methodology and from presenting presuming that a subsidy provided by the company’s merchandise produced evidence rebutting the presumption. It the government of the country under in Canada. is important to note that the investigation is tied to domestic Department’s remand determination, as production’’ (GIA at 37231). It follows Final Results of Review affirmed by the Court, upheld the that the Department will find that In accordance with 19 CFR appropriateness of using the rebuttable subsidies are tied to domestic 355.22(c)(4)(ii), we calculated an presumption. The Department has production in the absence of evidence to individual subsidy rate for each continued to use the rebuttal the contrary. producer/exporter subject to these presumption and this policy has become As for respondents’ complaint that the administrative reviews. For the period accepted Department practice. Unlike Department failed to address its January 1, 1994 through December 31, British Steel, we are not dealing with the arguments that the subsidies received by 1994, we determine the net subsidy for Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18755

NHCI to be 4.48 percent ad valorem. Pure and Alloy Magnesium from Written comments are requested on the This rate adjusts the rate of 4.01 percent Canada: Final Results of the First (1992) draft RP/EIS. found in the Preliminary Results to a Countervailing Duty Administrative DATES: Written comments are requested f.o.b. basis (see the GIA at 37237). We Reviews (62 FR 13857 (March 24, by June 2, 1997. will instruct the U.S. Customs Service to 1997)). These rates shall apply to all ADDRESSES: Written comments on the assess countervailing duties as indicated non-reviewed companies until a review draft RP/EIS, requests for inclusion on above. The Department will also of a company assigned these rates is the draft RP/EIS mailing list, and instruct Customs to collect cash requested. In addition, for the period requests for copies of any documents deposits of estimated countervailing January 1, 1994 through December 1994, associated with the draft RP/EIS should duties in the percentages detailed above the assessment rates applicable to all be directed to: New Bedford Harbor of the f.o.b. invoice price on all non-reviewed companies covered by Trustee Council, c/o NMFS, F/NEO2, 1 shipments of subject merchandise from these orders are the cash deposit rates Blackburn Drive, Gloucester, MA 01930. reviewed companies, except from in effect at the time of entry. FOR FURTHER INFORMATION CONTACT: Jack Timminco Limited (which was This notice serves as a reminder to Terrill, Coordinator, 508–281–9136. excluded from the order in the original parties subject to administrative SUPPLEMENTARY INFORMATION: A Notice investigations), entered, or withdrawn protective order (APO) of their of Availability will be mailed to all from warehouse, for consumption on or responsibility concerning the agencies, organizations, and individuals after the date of publication of the final disposition of proprietary information who participated in the scoping process results of these reviews. disclosed under APO in accordance or were identified during the RP/EIS Because the URAA replaced the with 19 CFR 355.34(d). Timely written process. Copies of the RP/EIS have been general rule in favor of a country-wide notification of return/destruction of sent to all participants who have already rate with a general rule in favor of APO materials or conversion to judicial requested copies. individual rates for investigated and protective order is hereby requested. reviewed companies, the procedures for Failure to comply with the regulations A. Background establishing countervailing duty rates, and the terms of an APO is a New Bedford Harbor is located in including those for non-reviewed sanctionable violation. companies, are now essentially the same southeastern Massachusetts at the These administrative reviews and mouth of the Acushnet River on as those in antidumping cases, except as notice are in accordance with section provided for in § 777A(e)(2)(B) of the Buzzards Bay. Adjacent to the harbor 751(a)(1) of the Act (19 U.S.C. are the communities of Acushnet, Act. The requested review will normally 1675(a)(1)). cover only those companies specifically Dartmouth, Fairhaven, and New named. See 19 CFR 355.22(a). Pursuant Dated: April 7, 1997. Bedford. New Bedford Harbor is to 19 CFR 355.22(g), for all companies Robert S. LaRussa, contaminated with high levels of for which a review was not requested, Assistant Secretary for Import Administration hazardous substances, including PCBs, duties must be assessed at the cash (Acting). and is therefore on the U.S. deposit rate, and cash deposits must [FR Doc. 97–9962 Filed 4–16–97; 8:45 am] Environmental Protection Agency’s continue to be collected at the rate BILLING CODE 3510±DS±P (EPA) Superfund National Priorities previously ordered. As such the List, as well as being identified as a countervailing duty cash deposit rate priority Superfund site by the applicable to a company can no longer DEPARTMENT OF COMMERCE Commonwealth of Massachusetts. change, except pursuant to a request for Hazardous materials containing PCBs a review of that company. See Federal- National Oceanic and Atmospheric were discharged directly into the Mogul Corporation and The Torrington Administration Acushnet River estuary and Buzzards Company v. United States, 822 F.Supp. Bay and indirectly via the municipal [I.D. 040997B] 782 (CIT 1993) and Floral Trade Council wastewater treatment system into the same bodies of water. The sources of v. United States, 822 F.Supp. 766 (CIT RIN 0648±XX28 1993) (interpreting 19 CFR 353.22(e), these discharges were electronics the antidumping regulation on New Bedford Harbor Trustee Council, manufacturers who were major users of automatic assessment, which is Draft Restoration Plan and PCBs from the time that their operations identical to 19 CFR 355.22(g)). Environmental Impact Statement (RP/ commenced in the late 1940s until 1977, Therefore, the cash deposit rates for all EIS) when EPA banned the use and companies except those covered by manufacture of PCBs. AGENCY: National Marine Fisheries these reviews will be unchanged by the B. Cooperating Agencies results of these reviews. Service (NMFS), National Oceanic and We will instruct Customs to continue Atmospheric Administration (NOAA), There are three natural resource to collect cash deposits for non- Commerce. trustees on the Council representing the reviewed companies at the most recent ACTION: Notice of availability of draft Department of Commerce, the company-specific or country-wide rate restoration plan and environmental Department of the Interior, and the applicable to the company, except from impact statement (RP/EIS). Commonwealth of Massachusetts. The Timminco Limited (which was Secretary of Commerce has delegated excluded from the order in the original SUMMARY: NMFS, acting as trustee responsibility to NOAA, with investigations). Accordingly, the cash Administrative Trustee, announces the NMFS having responsibility for deposit rates that will be applied to non- availability of the New Bedford Harbor restoration. The Secretary of the Interior reviewed companies covered by these Trustee Council’s (Council) draft RP/EIS has delegated trustee responsibility to orders are those established in the most for the restoration of natural resources the U.S. Fish and Wildlife Service. The recently completed administrative that have been injured by releases of Governor of Massachusetts has proceeding, conducted pursuant to the hazardous substances, including delegated trustee responsibility to the statutory provisions that were in effect polychlorinated biphenyls (PCBs), in Executive Office of Environmental prior to the URAA amendments. See the New Bedford Harbor Environment. Affairs. 18756 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

C. Funding studies, as appropriate, that together decisionmaking will be maintained in The source of funding for the would form the basis of an estuary-wide all aspects of the process. Council’s actions is a $21 million plan to restore the affected environment. Authority: 42 U.S.C. 4321 et seq. and 9601 restoration fund, established as a result This plan evaluates general restoration et seq. alternatives as well as specific of settlements between the Federal Dated: April 10, 1997. restoration actions, and establishes a government, the Commonwealth of Rolland A. Schmitten, Massachusetts, and the companies process for the evaluation, selection, and implementation of future Assistant Administrator for Fisheries, responsible for releasing PCBs into New National Marine Fisheries Services. Bedford Harbor. A separate account restoration actions. [FR Doc. 97–9922 Filed 4–16–97; 8:45 am] funds the Harbor cleanup. By law and G. Preferred Alternatives under the terms of the settlement BILLING CODE 3510±22±F agreements, the Council must finalize a From among the 56 ideas, the Council selected 12 preferred alternatives for restoration plan for the New Bedford DEPARTMENT OF COMMERCE Harbor Environment before funding near-term implementation. These ideas, by restoration priority, are as follows: restoration projects, although necessary National Oceanic and Atmospheric Marshes or Wetlands plans and studies may be funded before Administration completion of the plan. - Hydrologic restoration of Padanaram Salt Marsh, Dartmouth [I.D. 041197A] D. Development of the Draft RP/EIS - Hydrologic restoration of Nonquitt The Trustees determined that an EIS Marsh, Dartmouth Gulf of Mexico Fishery Management was the most appropriate means to Recreation Areas Council; Public Meetings - Recreation and habitat ensure public participation in the AGENCY: National Marine Fisheries improvements to Fort Taber Park, New development of restoration alternatives, Service (NMFS), National Oceanic and and to analyze the environmental Bedford - Riverside/Belleville Avenue Marine Atmospheric Administration (NOAA), impact of those alternatives. A Notice of Commerce. Intent to prepare the RP/EIS was Recreational Park, New Bedford ACTION: Notice of public meeting. published in the Federal Register (60 Water Column - Hurricane Barrier Box Culvert, New FR 10835, February 28, 1995) and initial SUMMARY: The Gulf of Mexico Fishery scoping meetings were held in February Bedford/Fairhaven Habitats Management Council (Council) will and March 1995. Restoration priorities convene public meetings. were determined from the list of - Eelgrass habitat restoration, New DATES: The meetings will be held on resources identified as having a high Bedford Harbor and Clarks Cove May 12–15, 1997. probability of injury within the New - Land acquisition, Sconticut Neck, Bedford Harbor environment and which Fairhaven ADDRESSES: These meetings will be held would be likely candidates for Living Resources at the Holiday Inn Crowne Plaza, 333 restoration. The restoration priorities - Restoration and management of the Poydras Street, New Orleans, LA; are: (1)Marshes or wetlands; New Bedford area shellfishery telephone: (504) 525–9444. (2)recreation areas; (3)water column; (4) - Restoration of the Acushnet River Council address: Gulf of Mexico habitats; (5)living resources; and herring run Fishery Management Council, 3018 U.S. (6)endangered species. Endangered Species Highway 301 North, Suite 1000, Tampa, - Buzzards Bay tern restoration and FL 33619. E. Request for Ideas habitat stabilization FOR FURTHER INFORMATION CONTACT: A request for restoration ideas was Plans and Studies Wayne E. Swingle, Executive Director; published in the Federal Register (60 - Wetlands restoration planning and telephone: (813) 228–2815. implementation FR 52164–52169, October 5, 1995). As a SUPPLEMENTARY INFORMATION: result, 56 restoration ideas were - New Bedford/Fairhaven Harbor received from citizens, non-profit Master Plan (aspects related to natural Council resources) organizations, municipalities, academic May 14 institutions, state and Federal agencies, On finalization of this plan, the and private businesses. The ideas Council will begin implementation of 8:30 a.m.—Convene. received are the alternatives analyzed in selected near-term alternatives. 8:45 a.m. - 12:00 noon—Receive public testimony on Mackerel Total the RP/EIS. The ideas were reviewed by H. Coordination with Ongoing Cleanup Allocable Catch and Reef Fish the Council’s community and technical Actions advisory committees and legal counsel. Amendment 15, published on April 11, The Committees provided Since the Harbor cleanup is ongoing, 1997, 62 FR 17776. recommendations on which ideas restoration actions must be coordinated 1:30 p.m. - 3:00 p.m.—Continue should be preferred alternatives to the with that process to maximize public testimony on Reef Fish Council. The public was invited to environmental benefits while ensuring Amendment 15. comment and a public hearing was held that neither process negates or interferes 3:00 p.m. - 5:30 p.m.—Receive a on April 30, 1996. The Council then with the other. As cleanup of the Harbor report of the Reef Fish Management selected 12 preferred alternatives after proceeds, more restoration options will Committee. become practicable. The Council considering the public comment and its May 15 committees’ recommendation. proposes an event-based process of idea solicitation and selection to choose 8:30 a.m. - 11:15 a.m.—Receive a F. Alternatives Analyzed in the Draft future restoration actions, periodically report of the Mackerel Management RP/EIS selecting restoration actions that are Committee. The Council is proposing a practicable, effective, and appropriate in 11:15 a.m. - 11:30 a.m.—Receive a combination of near-term, future and the context of the ongoing cleanup. Full report of the Shrimp Management emergency actions, and plans and public involvement in Council Committee. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18757

11:30 a.m. - 11:45 a.m.—Receive a Special Accommodations research. For modification 1 to permit report of the Data Collection Committee. These meetings are physically 991, CDWR is authorized an annual take 11:45 a.m. - 12:00 a.m.—Receive a accessible to people with disabilities. of juvenile, ESA-listed fish associated report of the Law Enforcement Requests for sign language with a fisheries study of the Yolo Committee. interpretation or other auxiliary aids Bypass, a floodplain adjacent to the 12:00 noon - 12:15 p.m.—Receive a should be directed to Anne Alford at the Sacramento River where large numbers report on the South Atlantic Fishery Council (see ADDRESSES) by May 5, of salmon are trapped when high flows Management Council Liaison. 1997. recede. Study results will be used to 12:15 p.m. - 12:30 p.m.—Receive a provide recommendations for ecosystem report of the International Commission Dated: April 11, 1997. restoration options, to identify actions for the Conservation of Atlantic Tunas Gary C. Matlock, to minimize adverse effects to juvenile Advisory Committee. Director, Office of Sustainable Fisheries, salmon, and to make habitat restoration 12:30 p.m. - 1:00 p.m.—Receive National Marine Fisheries Service. efforts as harmless to fish as possible. Enforcement Reports. [FR Doc. 97–9923 Filed 4–16–97; 8:45 am] Modification 1 is valid for the duration 1:00 p.m. - 1:15 p.m.— Receive BILLING CODE 3510±22±F of the permit. Permit 991 expires on Director’s Reports. 1:15 p.m. - 1:30 p.m.—Other business June 30, 1999. to be discussed. Issuance of the permit modification, DEPARTMENT OF COMMERCE as required by the ESA, was based on Committees a finding that such action: (1) Was National Oceanic and Atmospheric requested in good faith, (2) will not May 12 Administration operate to the disadvantage of the ESA- 1:00 p.m. - 2:30 p.m.—Convene the [I.D. 041497B] listed species that is the subject of the Data Collection Committee to review the permit, and (3) is consistent with the procedures that will be used by NMFS Endangered Species; Permits purposes and policies set forth in in monitoring recreational red snapper section 2 of the ESA and the NMFS landings and closing that fishery when AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and regulations governing ESA-listed the quota is taken. species permits. 2:30 p.m. - 4:00 p.m.—Convene the Atmospheric Administration (NOAA), Shrimp Management Committee to Commerce. Dated: April 14, 1997. review restoration scenarios for the red ACTION: Issuance of modification 1 to Robert C. Ziobro, snapper stock provided that several permit 991 (P599). Acting Chief, Endangered Species Division, additional types of bycatch reduction Office of Protected Resources, National SUMMARY: devices are allowed in shrimp trawls Notice is hereby given that Marine Fisheries Service. and the prognosis for the upcoming NMFS has issued a modification to a [FR Doc. 97–9960 Filed 4–17–97; 8:45 am] permit that authorizes takes of an brown shrimp season in Louisiana. BILLING CODE 3510±22±F 4:00 p.m. - 5:00 p.m.—Convene the Endangered Species Act-listed species Law Enforcement Committee to review for the purpose of scientific research, the NOAA Penalty Schedule Meeting subject to certain conditions set forth DEPARTMENT OF COMMERCE Discussion and the Law Enforcement therein, to the California Department of Advisory Panel (AP) comments. Water Resources in Sacramento, CA National Oceanic and Atmospheric (CDWR). Administration May 13 ADDRESSES: The application and related 8:00 a.m. - 12:00 p.m.—Convene the documents are available for review in [I.D. 040297B] Reef Fish Management Committee the following offices, by appointment: (Committee) to review Office of Protected Resources, F/PR3, Marine Mammals; Permit No. 838 recommendations on Draft Amendment NMFS, 1315 East-West Highway, Silver (P535) 15 by the public from hearings and Spring, MD 20910–3226 (301-713-1401); AGENCY: letters, the Red Snapper AP, the Reef and National Marine Fisheries Fish AP, the Law Enforcement AP, the Protected Species Division, NMFS, Service (NMFS), National Oceanic and Scientific and Statistical Committee 777 Sonoma Avenue, Room 325, Santa Atmospheric Administration (NOAA), (SSC) and by NMFS. Following its Rosa, CA 95404–6528 (707–575–6066). Commerce. review, the Committee will develop its SUPPLEMENTARY INFORMATION: The ACTION: Scientific research permit recommendations to the Council. The modification to a permit was issued amendment. Committee will also review a stock under the authority of section 10 of the assessment panel report on vermilion Endangered Species Act of 1973 (ESA) SUMMARY: Notice is hereby given that a snapper and public comments on a (16 U.S.C. 1531–1543) and the NMFS request for amendment of scientific scoping document for amberjacks. regulations governing ESA-listed fish research permit no. 838 submitted by 1:00 p.m. - 5:30 p.m.—Convene the and wildlife permits (50 CFR parts 217– Dr. Stephen Insley, Smithsonian Mackerel Management Committee to 222). Institution, National Zoological Park, review the Stock Assessment Panel Notice was published on December Dept. Zoological Research, Washington, report, the Socioeconomic Panel report, 30, 1996 (61 FR 68721) that an DC 20008, has been granted. and the recommendations of the application had been filed by CDWR ADDRESSES: The amendment and related Mackerel AP and SSC before developing (P599) for modification 1 to permit 991. documents are available for review its recommendations to the Council. It Modification 1 to permit 991 was issued upon written request or by appointment will also review a preliminary options to CDWR on March 24, 1997. Permit 991 in the following office(s): paper for the next amendment to the authorizes CDWR takes of juvenile, Permits Division, Office of Protected fishery management plan for the endangered, Sacramento River winter- Resources, NMFS, 1315 East-West mackerel fishery and reporting of run chinook salmon (Oncorhynchus Highway, Suite 13130, Silver Spring, landings. tshawytscha) associated with scientific MD 20910 (301/712–2289); and 18758 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Director, Alaska Region, NMFS, P.O. Information System (ELVIS). In addition of Puerto Rico) for consumption and Box 21668, Juneau, AK 99802–1668 to the ELVIS requirements, shipments withdrawal from warehouse for consumption (907/568–7221). will continue to be accompanied by an of cotton, wool, man-made fiber, silk blend original visa stamped on the front of the and other vegetable fiber textiles and textile SUPPLEMENTARY INFORMATION: On products in Categories 200–239, 300–369, February 27, 1997, notice was published original commercial invoice issued by 400–469, 600–670 and 831–859, including in the Federal Register (62 FR 8929) the Government of Malaysia. Goods part categories and merged categories (see that an amendment of permit no. 838, which currently require an exempt Annex A), produced or manufactured in issued May 17, 1993 (58 FR 29810), had certificate shall not require an ELVIS Malaysia and exported on and after May 1, been requested by the above-named transmission, but will continue to 1997 for which the Government of Malaysia individual. The requested amendment require the exempt certificate. has not issued an appropriate export visa, has been granted under the authority of In the letter published below, the exempt certification or Electronic Visa Information System (ELVIS) transmission the Marine Mammal Protection Act of Chairman of CITA directs the Commissioner of Customs to amend the fully described below. Shipments covering 1972, as amended (16 U.S.C. 1361 et merchandise in Categories 800–810 and 863– seq.), and the provisions of § 216.33 of existing visa requirements for textile 899 do not require a visa. Should additional the Regulations Governing the Taking products produced or manufactured in categories, part categories or merged and Importing of Marine Mammals (50 Malaysia and exported on and after May categories become subject to import quota the CFR part 216). 1, 1997. entire category(s), part category(s) or merged A description of the textile and category(s) shall be included in the coverage Dated: April 10, 1997. apparel categories in terms of HTS of this arrangement. Ann Terbush, numbers is available in the A visa must accompany each commercial Chief, Permits & Documentation Division, CORRELATION: Textile and Apparel shipment of the aforementioned textile Office of Protected Resources, National Categories with the Harmonized Tariff products. A circular stamped marking in blue Marine Fisheries Service. ink will appear on the front of the original Schedule of the United States (see [FR Doc. 97–9959 Filed 4–17–97; 8:45 am] commercial invoice. The original visa shall Federal Register notice 61 FR 66263, not be stamped on duplicate copies of the BILLING CODE 3510±22±F published on December 17, 1996). Also invoice. The original invoice with the see 52 FR 32158, published on August original visa stamp will be required to enter 26, 1987. the shipment into the United States. COMMITTEE FOR THE Interested persons are advised to take Duplicates of the invoice and/or visa may not IMPLEMENTATION OF TEXTILE all necessary steps to ensure that textile be used for this purpose. AGREEMENTS products that are entered into the Each visa stamp shall include the United States for consumption, or following information: Consolidation and Amendment of withdrawn from warehouse for 1. The visa number. The visa number shall Export Visa Requirements to Include be in the standard nine digit letter format, consumption, will meet the visa beginning with one numeric digit for the last the Electronic Visa Information System requirements set forth in the letter for Certain Cotton, Wool, Man-Made digit of the year of export, followed by the published below to the Commissioner of two character alpha country code specified Fiber, Silk Blend and Other Vegetable Customs. by the International Organization for Fiber Textiles and Textile Products Troy H. Cribb, Standardization (ISO) (the code for Malaysia Produced or Manufactured in Malaysia Chairman, Committee for the Implementation is ‘‘MY’’), and a six digit numerical serial of Textile Agreements. number identifying the shipment; e.g., April 11, 1997. 7MY123456. AGENCY: Committee for the Committee for the Implementation of Textile 2. The date of issuance. The date of Implementation of Textile Agreements Agreements issuance shall be the day, month and year on (CITA). April 11, 1997. which the visa was issued. ACTION: Issuing a directive to the Commissioner of Customs, 3. The original signature of the issuing Commissioner of Customs consolidating Department of the Treasury, Washington, DC official of the Government of Malaysia. and amending visa requirements. 20229. 4. The correct category(s), merged Dear Commissioner: This directive category(s), part category(s), quantity(s) and EFFECTIVE DATE: May 1, 1997. amends, but does not cancel, the directive unit(s) of quantity in the shipment as set forth in the U.S. Department of Commerce FOR FURTHER INFORMATION CONTACT: Ross issued to you on August 20, 1987, as amended, by the Chairman, Committee for Correlation and in the Harmonized Tariff Arnold, International Trade Specialist, Schedule of the United States, annotated, Office of Textiles and Apparel, U.S. the Implementation of Textile Agreements, that directed you to prohibit entry of certain shall be reported in the spaces provided Department of Commerce, (202) 482– cotton, wool, man-made fiber, silk blend and within the visa stamp (e.g., ‘‘Cat. 340–510 4212. other vegetable fiber textiles and textile DOZ’’). SUPPLEMENTARY INFORMATION: products, produced or manufactured in Quantities must be stated in whole numbers. Decimals or fractions will not be Authority: Executive Order 11651 of March Malaysia for which the Government of Malaysia has not issued an appropriate accepted. Merged category quota 3, 1972, as amended; section 204 of the merchandise may be accompanied by either Agricultural Act of 1956, as amended (7 export visa or exempt certification. the appropriate merged category visa or the U.S.C. 1854); Uruguay Round Agreements Under the terms of section 204 of the correct category visa corresponding to the Act. Agricultural Act of 1956, as amended (7 U.S.C. 1854); and pursuant to the Uruguay actual shipment (e.g., Categories 347/348 In exchange of notes, the Round Agreements Act, the Uruguay Round may be visaed as 347/348 or if the shipment Governments of the United States and Agreement on Textiles and Clothing (ATC) consists solely of Category 347 merchandise, Malaysia agreed to amend the existing and the Export Visa Arrangement, effected by the shipment may be visaed as ‘‘Category visa arrangement for textile products, exchange of notes between the Governments 347,’’ but not as ‘‘Category 348’’). produced or manufactured in Malaysia of the United States and Malaysia; and in U.S. Customs shall not permit entry if the shipment does not have a visa, or if the visa and exported on and after May 1, 1997. accordance with the provisions of Executive Order 11651 of March 3, 1972, as amended, number, date of issuance, signature, category, The amended arrangement consolidates you are directed to prohibit, effective on May quantity or units of quantity are missing, existing and new provisions of the 1, 1997, entry into the Customs territory of incorrect or illegible, or have been crossed export visa arrangement, including the United States (i.e., the 50 states, the out or altered in any way. If the quantity provisions for the Electronic Visa District of Columbia and the Commonwealth indicated on the visa is less than that of the Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18759 shipment, entry shall not be permitted. If the III. if the ELVIS transmission for the certified, prior to the shipment leaving quantity indicated on the visa is more than shipment does not match the information Malaysia. that of the shipment, entry shall be permitted supplied by the importer or the Customs Each certification stamp shall include the and only the amount entered shall be charged Broker acting as an agent on behalf of the following information: to any applicable quota. importer, with regard to any of the following: 1. Date of issuance If the visa is not acceptable then a new visa a. visa number 2. Signature of issuing official must be obtained from the Malaysian b. category or part category 3. The basis for the exemption, which shall Government or a visa waiver may be issued c. unit of measure be noted as: by the U.S. Department of Commerce at the IV. if the quantity being entered is greater a. hand printed batik request of the Government of Malaysia and than the quantity transmitted. b. the name of the particular traditional presented to the U.S. Customs Service before V. if the visa number has previously been folklore handicraft product (Malaysian item) any portion of the shipment will be released. used, except in the case of a split shipment, as cited in a list to be agreed upon by the The waiver, if used, only waives the or cancelled, except when an entry has Government of the United States and requirement to present a visa with the already been made using the visa number. Malaysia. shipment. It does not waive the quota C. A new, correct ELVIS transmission from Should a shipment be exported from requirement. the country of origin is required before a Malaysia with an incorrect exempt If the visaed invoice is deficient, the U.S. shipment that has been denied entry for one certification (i.e., the date of issuance, Customs Service will not return the original of the circumstances mentioned in paragraph signature or basis for exemption is missing, document after entry, but will provide a B.I–V will be released. Visa waivers will only certified copy of that visaed invoice for use be considered for legitimate classification incorrect or illegible or has been crossed out in obtaining a new correct original visaed purposes, or for paragraph B.I–V if the or altered in any way), then the exempt invoice, or a visa waiver. shipment qualifies as a one-time special certification will not be accepted and entry If a shipment from Malaysia has been purpose shipment that is not part of an shall not be permitted until a replacement allowed entry into the commerce of the ongoing commercial enterprise. certification is issued. United States with either an incorrect visa or D. A new, correct ELVIS transmission from Should a shipment be exported from no visa, and redelivery is requested but the country of origin is required for entries Malaysia without an exempt certification cannot be made, the shipment will be made using a visa waiver under the being issued prior to the date of exportation charged to the correct category limit whether procedures as previously described. or if the merchandise does not qualify for the or not a replacement visa or waiver is E. Shipments will not be released for forty- exemption, then an exempt certification will provided. eight hours in the event of a system failure. not be accepted and entry shall not be ELVIS Requirements: If system failure exceeds forty-eight hours, permitted. In such a case, a visa or a visa A. Each ELVIS message will include the for the remaining period of the system failure waiver must be obtained, and an ELVIS following information: the U.S. Customs Service will release transmission sent, prior to release of any I. The visa number. The visa number shall shipments on the basis of the paper visaed portion of the shipment. If quotas are in be in the standard nine digit letter format, document. force, the shipment will be charged to the beginning with one numeric digit for the last If import quotas are in force, U.S. Customs apropriate quota level. digit of the year of export, followed by the Service shall charge only the actual quantity Other Provisions. two character alpha country code specified in the shipment to the correct category limit. Merchandise imported for the personal use by the International Organization for If a shipment from Malaysia has been of the importer and not for resale, regardless Standardization (ISO) (the code for Malaysia allowed entry into the commerce of the of value, and properly marked commercial is ‘‘MY’’), and a six digit numerical serial United States with an incorrect visa, no visa, sample shipments valued at U.S.$250 or less, number identifying the shipment; e.g., an incorrect ELVIS transmission, or no ELVIS do not require a visa, exempt certification, or 7MY123456. transmission, and redelivery is requested but ELVIS transmission for entry and shall not be II. The date of issuance. The date of cannot be made, the shipment will be charged to agreement levels, if applicable. issuance shall be the day, month and year on charged to the correct category limit whether Any shipment which is not accompanied which the visa was issued. or not a replacement visa or waiver is by a valid and correct visa with an ELVIS III. The correct category(s), merged provided or a new ELVIS message is transmission or exempt certification in category(s), part category(s), quantity(s) and transmitted. accordance with the foregoing provisions unit(s) of quantity in the shipment as set Exempt certification requirements: shall be denied entry by the Government of forth in the U.S. Department of Commerce Shipments of certified hand printed batik, the United States unless the Government of Correlation and in the Harmonized Tariff defined as fabric to which the design has Schedule of the United States, annotated or been applied by hand in units of the Malaysia authorizes the entry and any successor documents. Malaysian cottage industry, shall be exempt charges to the agreement levels. IV. The quantity of the shipment in the from the quota levels if they are certified The visa and certification stamps remain correct units of quantity. prior to leaving Malaysia, by the placing of unchanged. V. The manufacturer ID code. the original rectangular-shaped stamped The actions taken concerning the B. Entry of a shipment shall not be marking in blue ink on the front of the Government of Malaysia with respect to permitted: original commercial invoice. The original imports of textiles and textile products in the I. if an ELVIS transmission has not been exempt certification shall not be affixed to foregoing categories have been determined by received for the shipment from the country duplicate copies of the invoice. The original the Committee for the Implementation of of origin; copy of the invoice with the original exempt Textile Agreements to involve foreign affairs II. if the ELVIS transmission for that certification will be required to enter the functions of the United States. Therefore, shipment is missing any of the following: shipment into the United States. Duplicate these directions to the Commissioner of a. visa number copies of the invoice and/or exempt Customs, which are necessary for the b. category or part category certification may not be used. implementation of such actions, fall within c. quantity Textiles and textile articles provided for in the foreign affairs exception to the d. unit of measure the exempt certification system are exempt rulemaking provisions of 5 U.S.C. 553(a)(1). e. date of issuance from the levels of restraint, and visa and This letter will be published in the Federal f. manufacturer ID number ELVIS requirements if they are properly Register. 18760 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Sincerely, Annex AÐContinued SUMMARY: Under the provisions of the Troy H. Cribb, Paperwork Reduction Act of 1995 (44 Chairman, Committee for the Implementation U.S.C. Chapter 35), the Federal 648±K Women's and girls' trou- of Textile Agreements. Acquisition Regulation (FAR) sers, breeches and shorts: Secretariat will be submitting to the Annex A only HTS numbers Office of Management and Budget 6104.23.0032, 6104.23.0034, (OMB) a request to review and approve 6104.29.1030, an extension of a currently approved Part Categories 6104.29.1040, information collection requirement 438±W Women's and girls' knit 6104.29.2038, concerning Corporate Aircraft Costs. shirts and blouses: only 6104.63.2006, HTS numbers This OMB clearance expires on June 30, 6104.63.2011, 1997. 6104.21.0060, 6104.63.2026, 6104.23.0020, 6104.63.2028, DATES: Comment Due Date: June 16, 6104.29.2051, 6104.63.2030, 1997. 6106.20.1010, 6104.63.2060, 6106.20.1020, ADDRESSES: Comments regarding this 6104.69.2030, burden estimate or any other aspect of 6106.90.1010, 6104.69.2060, 6106.90.1020, 6104.69.8026, this collection of information, including 6106.90.2520, 6112.12.0060, suggestions for reducing this burden, 6106.90.3020, 6112.19.1060, should be submitted to: FAR Desk 6109.90.1540, 6112.20.1070, Officer, OMB, Room 10102, NEOB, 6109.90.8020, 6113.00.9052 and Washington, DC 20503, and a copy to 6110.10.2080, 6117.90.9070. 6110.30.1560, the General Services Administration, 6110.90.9074 and Merged Categories and Subcategories FAR Secretariat, 18th & F Streets, NW., 6114.10.0040. 300/301 Room 4037, Washington, DC 20405. 438±O Men's and boys' knit shirts: 331/631 Please cite OMB Control No. 9000–0079 only HTS numbers 333/334/335/835 (Subcategories 335, 835) in all correspondence. 6103.21.0050, 336/636 FOR FURTHER INFORMATION CONTACT: Jerry 6103.23.0025, 338/339 6105.20.1000, 340/640 Olson, Office of Federal Acquisition 6105.90.1000, 341/641 (Subcategory 341) Policy, GSA (202) 501–3221. 342/642/842 6105.90.8020, SUPPLEMENTARY INFORMATION: 6109.90.1520, 347/348 6110.10.2070, 350/650 A. Purpose 6110.30.1550, 351/651 6110.90.9072, 445/446 Government contractors that use 6114.10.0020 and 613/614/615/617 company aircraft must maintain logs of 6117.90.9025. 634/635 flights containing specified information 647±K Men's and boys trousers, 638/639 to ensure that costs are properly charged breeches and shorts: only 645/646 against Government contracts and that HTS numbers 647/648 directly associated costs of unallowable 6103.23.0040, [FR Doc. 97–9886 Filed 4–16–97; 8:45 am] activities are not charged to such 6103.23.0045, BILLING CODE 3510±DR±F contracts. 6103.29.1020, 6103.29.1030, B. Annual Recordkeeping Burden 6103.43.1520, 6103.43.1540, DEPARTMENT OF DEFENSE The annual recordkeeping burden is 6103.43.1550, estimated as follows: Recordkeepers, 6103.43.1570, GENERAL SERVICES 3,000; hours per recordkeeper, 6; and 6103.49.1020, ADMINISTRATION total recordkeeping burden hours, 6103.49.1060, 18,000. 6103.49.8014, NATIONAL AERONAUTICS AND 6112.12.0050, Obtaining Copies of Proposals 6112.19.1050, SPACE ADMINISTRATION Requester may obtain a copy the of 6112.20.1060 and [OMB Control No. 9000±0079] 6113.00.9044. the justification from the General Proposed Collection; Comment Services Administration, FAR Request Entitled Corporate Aircraft Secretariat (VRS), Room 4037, Costs Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. AGENCIES: Department of Defense (DOD), 9000–0079, Corporate Aircraft Costs, in General Services Administration (GSA), all correspondence. and National Aeronautics and Space Dated: April 10, 1997. Administration (NASA). Sharon A. Kiser, ACTION: Notice of request for public FAR Secretariat. comments regarding an extension to an [FR Doc. 97–9982 Filed 4–16–97; 8:45 am] existing OMB clearance (9000–0079). BILLING CODE 6820±EP±P Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18761

DEPARTMENT OF DEFENSE estimated to average 26,860 hours, Affected Public: Individuals or including the time for reviewing households, business or other for-profit, GENERAL SERVICES instructions, searching existing data not-for-profit institutions. ADMINISTRATION sources, gathering and maintaining the Frequency: On occasion. data needed, and completing and Respondents Obligation: Required to NATIONAL AERONAUTICS AND reviewing the collection of information. obtain or retain benefits. SPACE ADMINISTRATION The annual reporting burden is OMB Desk Officer: Ms. Allison Eydt. [OMB Control No. 9000±0132] estimated as follows: Respondents, Written comments and 1,580; responses per respondent, 1; total recommendations on the proposed Proposed Collection; Comment annual responses, 1,580; preparation information collection should be sent to Request Entitled Contractors' hours per response, 17; and total Ms. Eydt at the Office of Management Purchasing Systems Reviews response burden hours, 26,860. and Budget, Desk Officer for DoD, Room AGENCIES: Department of Defense (DOD), Obtaining Copies of Proposals 10235, New Executive Office Building, General Services Administration (GSA), Washington, DC 20503. Requester may obtain a copy of the and National Aeronautics and Space DOD Clearance Officer: Mr. Robert justification from the General Services Administration (NASA). Cushing. Administration, FAR Secretariat (VRS), ACTION: Notice of request for public Written requests for copies of the Room 4037, Washington, DC 20405, comments regarding an extension to an information collection proposal should telephone (202) 501–4755. Please cite existing OMB clearance (9000–0132). be sent to Mr. Cushing, WHS/DIOR, OMB Control No. 9000–0132, 1215 Jefferson Davis Highway, Suite SUMMARY: Under the provisions of the Contractors’ Purchasing Systems 1204, Arlington, VA 22202–4302. Paperwork Reduction Act of 1995 (44 Reviews, in all correspondence. Dated: April 11, 1997. U.S.C. Chapter 35), the Federal Dated: April 14, 1997. Patricia L. Toppings, Acquisition Regulation (FAR) Sharon A. Kiser, Alternate OSD Federal Register Liaison Secretariat will be submitting to the FAR Secretariat. Office of Management and Budget Officer, Department of Defense. (OMB) a request to review and approve [FR Doc. 97–9983 Filed 4–16–97; 8:45 am] [FR Doc. 97–9871 Filed 4–16–97; 8:45 am] an extension of a currently approved BILLING CODE 6820±EP±P BILLING CODE 5000±04±M information collection requirement concerning Contractors’ Purchasing DEPARTMENT OF DEFENSE Systems Reviews. This OMB clearance DEPARTMENT OF DEFENSE expires on June 30, 1997. Office of the Secretary DATES: Comment Due Date: June 16, Department of the Army 1997. Submission for OMB Review; ADDRESSES: Comments regarding this Comment Request Board of Visitors, United States burden estimate or any other aspect of Military Academy ACTION: Notice. this collection of information, including AGENCY: suggestions for reducing this burden, The Department of Defense has United States Military should be submitted to: FAR Desk submitted to OMB for clearance, the Academy, West Point, New York. Officer, OMB, Room 10102, NEOB, following proposal for collection of ACTION: Notice of open meeting. Washington, DC 20503, and a copy to information under the provisions of the SUMMARY: In accordance with Section the General Services Administration, Paperwork Reduction Act (44 U.S.C. 10(a)(20) of the Federal Advisory FAR Secretariat, 18th & F Streets, NW, Chapter 35). Room 4037, Washington, DC 20405. Title and Associated Form: Health Committee Act (P.L. 92–463), Please cite OMB Control No. 9000–0132 Insurance Claim Form, HCFA Form announcement is made of the following in all correspondence. 1450, OMB Number 0720– [to be meeting: FOR FURTHER INFORMATION CONTACT: determined]. Name of Committee: Board of Linda Klein, Office of Federal Type of Request: New collection. Visitors, United States Military Acquisition Policy, GSA (202) 501– Number of Respondents: 7,835. Academy. 3755. Responses per Respondent: 268 Date of Meeting: 9 May 1997. (average). Place of Meeting: Superintendent’s SUPPLEMENTARY INFORMATION: Annual Responses: 2,100,000. Conference Room, Taylor Hall, United A. Purpose Average Burden per Response: 15 States Military Academy, West Point, The objective of a contractor minutes. New York. purchasing system review (CPSR), as Annual Burden Hours: 525,000. Start Time of Meeting: Approximately discussed in Part 44 of the FAR, is to Needs and Uses: This collection of 8 a.m. evaluate the efficiency and effectiveness information is necessary for a medical Proposed Agenda: Annual Review of with which the contractor spends institution to claim benefits under the the Academic, Military and Physical Government funds and complies with CHAMPUS. The information collected Programs at USMA. All proceedings are Government policy when will be used by TRICARE/CHAMPUS to open. subcontracting. The review provides the determine beneficiary eligibility, other health insurance liability, certification FOR FURTHER INFORMATION CONTACT: administrative contracting officer a basis Lieutenant Colonel John J. Luther, for granting, withholding, or that the beneficiary received the care, and that the provider is authorized to United States Military Academy, West withdrawing approval of the Point, NY 10996–5000, (914) 938–3700. contractor’s purchasing system. receive TRICARE/CHAMPUS payments. The form will be used by TRICARE/ Gregory D. Showalter, B. Annual Reporting Burden CHAMPUS and its contractors to Army Federal Register Liaison Officer. Total annual public reporting burden determine the amount of benefits to be [FR Doc. 97–9900 Filed 4–16–97; 8:45 am] for this collection of information is paid to institutional providers. BILLING CODE 3710±08±M 18762 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

DEPARTMENT OF EDUCATION The Department of Education is Management and Budget, 725 17th especially interested in public comment Street, NW., Room 10235, New Notice of Proposed Information addressing the following issues: (1) is Executive Office Building, Washington, Collection Requests this collection necessary to the proper DC 20503. Requests for copies of the functions of the Department, (2) will proposed information collection AGENCY: Department of Education. this information be processed and used requests should be addressed to Patrick ACTION: Proposed collection; comment in a timely manner, (3) is the estimate J. Sherrill, Department of Education, 600 request. of burden accurate, (4) how might the Independence Avenue, S.W., Room SUMMARY: The Director, Information Department enhance the quality, utility, 5624, Regional Office Building 3, Resources Management Group, invites and clarity of the information to be Washington, DC 20202–4651. comments on the proposed information collected, and (5) how might the FOR FURTHER INFORMATION CONTACT: collection requests as required by the Department minimize the burden of this Patrick J. Sherrill (202) 708–8196. Paperwork Reduction Act of 1995. collection on the respondents, including Individuals who use a through the use of information telecommunications device for the deaf DATES: Interested persons are invited to technology. (TDD) may call the Federal Information submit comments on or before June 16, Relay Service (FIRS) at 1–800–877–8339 1997. Dated: April 11, 1997. Gloria Parker, between 8 a.m. and 8 p.m., Eastern time, ADDRESSES: Written comments and Monday through Friday. requests for copies of the proposed Director, Information Resources Management SUPPLEMENTARY INFORMATION: Section information collection requests should Group. 3506 of the Paperwork Reduction Act of be addressed to Patrick J. Sherrill, Office of the Under Secretary 1995 (44 U. S. C. Chapter 35) requires Department of Education, 600 Type of Review: NEW. that the Office of Management and Independence Avenue, S.W., Room Title: Even Start Performance Budget (OMB) provide interested 5624, Regional Office Building 3, Reporting Information System. Federal agencies and the public an early Washington, DC 20202–4651. Frequency: Annually. opportunity to comment on information FOR FURTHER INFORMATION CONTACT: Affected Public: Individuals and collection requests. OMB may amend or Patrick J. Sherrill (202) 708–8196. households; State, local or Tribal Gov’t, waive the requirement for public Individuals who use a SEAs or LEAs. consultation to the extent that public telecommunications device for the deaf Annual Reporting and Recordkeeping participation in the approval process (TDD) may call the Federal Information Hour Burden: would defeat the purpose of the Relay Service (FIRS) at 1–800–877–8339 Responses: 85,608 information collection, violate State or between 8 a.m. and 8 p.m., Eastern time, Burden Hours: 219,121 Federal law, or substantially interfere Monday through Friday. Abstract: The Even Start Performance with any agency’s ability to perform its SUPPLEMENTARY INFORMATION: Section Reporting System involves the statutory obligations. The Director of the 3506 of the Paperwork Reduction Act of refinement and maintenance of a data Information Resources Management 1995 (44 U.S.C. Chapter 35) requires collection system, collection and Group publishes this notice containing that the Office of Management and analysis of descriptive and outcome proposed information collection Budget (OMB) provide interested data from all Even Start grantees, requests prior to submission of these Federal agencies and the public an early training of local Even Start project requests to OMB. Each proposed opportunity to comment on information directors in data collection and information collection, grouped by collection requests. OMB may amend or technical assistance to them, and office, contains the following: (1) Type waive the requirement for public preparation of annual reports. of review requested, e.g., new, revision, consultation to the extent that public [FR Doc. 97–9877 Filed 4–16–97; 8:45 am] extension, existing or reinstatement; (2) participation in the approval process Title; (3) Summary of the collection; (4) BILLING CODE 4000±01±P would defeat the purpose of the Description of the need for, and information collection, violate State or proposed use of, the information; (5) Federal law, or substantially interfere DEPARTMENT OF EDUCATION Respondents and frequency of with any agency’s ability to perform its collection; and (6) Reporting and/or statutory obligations. The Director, Submission for OMB Review; Recordkeeping burden. OMB invites Information Resources Management Comment Request public comment at the address specified Group publishes this notice containing above. Copies of the requests are proposed information collection AGENCY: Department of Education. available from Patrick J. Sherrill at the requests prior to submission of these ACTION: Submission for OMB review; address specified above. comment request. requests to OMB. Each proposed Dated: April 11, 1997. information collection, grouped by Gloria Parker, office, contains the following: (1) Type SUMMARY: The Director, Information of review requested, e.g., new, revision, Resources Management Group, invites Director, Information Resources Management Group. extension, existing or reinstatement; (2) comments on the submission for OMB Title; (3) Summary of the collection; (4) review as required by the Paperwork Office of the Under Secretary Reduction Act of 1995. Description of the need for, and Type of Review: NEW. DATES: proposed use of, the information; (5) Interested persons are invited to Title: Safe and Drug-Free Schools and Respondents and frequency of submit comments on or before May 19, Communities Act: State Data for collection; and (6) Reporting and/or 1997. Program Performance Indicators. Recordkeeping burden. OMB invites ADDRESSES: Written comments should Frequency: Annually. public comment at the address specified be addressed to the Office of Affected Public: State, local or Tribal above. Copies of the requests are Information and Regulatory Affairs, Gov’t; SEAs or LEAs. available from Patrick J. Sherrill at the Attention: Wendy Taylor, Desk Officer, Reporting Burden and Recordkeeping: address specified above. Department of Education, Office of Responses: 112 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18763

Burden Hours: 3,920 the following list of nationally Arizona, Arkansas, Colorado, Illinois, Abstract: Section 4117 of the Safe and recognized accrediting agencies and Indiana, Iowa, Kansas, Michigan, Drug-Free Schools and Communities State approval agencies that the Minnesota, Missouri, Nebraska, New Act (SDFSCA) requires state chief Secretary has determined to be reliable Mexico, North Dakota, Ohio, Oklahoma, executive officers, and state educational authorities concerning the quality of South Dakota, West Virginia, Wisconsin, agencies (SEAs), to submit to the education or training provided by the and Wyoming. Secretary on a triennial basis a report on institutions, programs, or both that these North Central Association of Colleges the implementation and outcomes of agencies accredit or approve. The and Schools, Commission on Schools state, local and Governor’s SDFSCA criteria the Secretary uses in (1974/1992/1997). Scope of recognition: programs. ED must report to the determining whether a particular agency the accreditation and preaccreditation President and Congress on a biennial should be listed as a nationally (‘‘Candidate for Accreditation’’) of basis regarding the national impact of recognized accrediting agency are schools offering non-degree, SDFSCA-assisted programs. The two contained in 34 CFR part 602, while the postsecondary education in Arizona, instruments, one for SEAs and one for criteria for State approval agencies are Arkansas, Colorado, Illinois, Indiana, Governor’s programs, will be used by contained in 34 CFR part 603. The dates Iowa, Kansas, Michigan, Minnesota, states to submit the required data to ED. specified in parentheses for each agency Missouri, Nebraska, New Mexico, North are the date of initial listing as a Dakota, Ohio, Oklahoma, South Dakota, [FR Doc. 97–9878 Filed 4–16–97; 8:45 am] nationally recognized agency, the date West Virginia, Wisconsin, and BILLING CODE 4000±01±P of the Secretary’s most recent grant of Wyoming. recognition to the agency, and the date Northwest Association of Schools and of the agency’s next scheduled review Colleges, Commission on Colleges DEPARTMENT OF EDUCATION for continued recognition. The (1952/1992/1997). Scope of recognition: the accreditation and preaccreditation Nationally Recognized Accrediting geographical scope of recognition of (‘‘Candidate for Accreditation’’) of Agencies and State Approval Agencies each accrediting agency is the United States, unless stated otherwise. institutions of higher education in AGENCY: Department of Education. Alaska, Idaho, Montana, Nevada, I. Regional Institutional Accrediting ACTION: Oregon, Utah, and Washington. List of nationally recognized Agencies accrediting agencies and State approval Southern Association of Colleges and agencies. Middle States Association of Colleges Schools, Commission on Colleges (1952/ and Schools, Commission on Higher 1995/1999). Scope of recognition: the SUMMARY: The U.S. Secretary of Education (1952/1996/2001). Scope of accreditation and preaccreditation Education is required by statute to recognition: the accreditation and (‘‘Candidate for Accreditation’’) of publish a list of nationally recognized preaccreditation (‘‘Candidate’’ status) of degree-granting institutions of higher accrediting agencies and State approval institutions of higher education in education in Alabama, Florida, Georgia, agencies (1) Whose accreditation or Delaware, the District of Columbia, Kentucky, Louisiana. Mississippi, North approval is a required element in Maryland, New Jersey, New York, Carolina, South Carolina, Tennessee, enabling accredited or approved Pennsylvania, Puerto Rico, the U.S. Texas, and Virginia. institutions, programs, or both to Virgin Islands, the Republic of Panama Western Association of Schools and establish eligibility to participate in and a limited number of freestanding Colleges, Accrediting Commission for Federal programs and (2) whom the American-style institutions abroad that Community and Junior Colleges (1952/ Secretary has determined to be reliable are chartered or licensed by an 1992/1997). Scope of recognition: the authorities regarding the quality of appropriate agency within the Middle accreditation and preaccreditation education or training provided by the States region. (‘‘Candidate for Accreditation’’) of institutions or programs these agencies Middle States Association of Colleges community and junior colleges in accredit or approve. This document and Schools, Commission on Secondary California, Hawaii, American Samoa, contains the current list of nationally Schools (1988/1996/1998). Scope of Guam, the Republic of Palau, the recognized agencies and supersedes any recognition: the accreditation and Federated States of Micronesia, and the previously published lists of these types preaccreditation of public vocational/ Republic of the Marshall Islands. of agencies. technical schools offering non-degree, Western Association of Schools and FOR FURTHER INFORMATION CONTACT: postsecondary education in the Middle Colleges, Accrediting Commission for Karen W. Kershenstein, Director, States region (Delaware, the District of Schools (1974/1995/1999). Scope of Accreditation and Eligibility Columbia, Maryland, New Jersey, New recognition: the accreditation and Determination Division, U.S. York, Pennsylvania, Puerto Rico, and preaccreditation (‘‘Candidate for Department of Education, 600 the Virgin Islands). Accreditation’’) of adult and Independence Avenue, SW., Room New England Association of Schools postsecondary schools that offer 3915, ROB 3, Washington, DC 20202– and Colleges (1952/1992/1997). Scope programs below the degree level in 7592. Telephone: (202) 708–7417. of recognition: the accreditation and California, Hawaii, American Samoa, Individuals who use a preaccreditation (‘‘Candidate for Guam, the Republic of Palau, the telecommunications device for the deaf Accreditation’’) of institutions of higher Federated States of Micronesia, and the (TDD) may call the Federal Information education in Connecticut, Maine, Republic of the Marshall Islands. Relay Service (FIRS) at 1–800–877–8339 Massachusetts, New Hampshire, Rhode Western Association of Schools and between 8:00 a.m. and 8:00 p.m., Island, and Vermont. Colleges, Accrediting Commission for Eastern time, Monday through Friday. North Central Association of Colleges Senior Colleges and Universities (1952/ and Schools, Commission on 1995/1998). Scope of recognition: the SUPPLEMENTARY INFORMATION: As Institutions of Higher Education (1952/ accreditation and preaccreditation required by statute,1 the Secretary issues 1992/1997). Scope of recognition: the (‘‘Candidate for Accreditation’’) of 1 20 U.S.C. 1094(c)(4), 1141(a), 1145(c)(3), accreditation and preaccreditation senior colleges and universities in 1401(a)(11)(E), 2471(25)(D), 4351(3), 25 U.S.C. 1813; (‘‘Candidate for Accreditation’’) of California, Hawaii, American Samoa, 38 U.S.C. 3675 (a); 42 U.S.C. 298b(6). institutions of higher education in Guam, the Republic of Palau, the 18764 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Federated States of Micronesia, and the as well as independent, freestanding American Dental Association, Republic of the Marshall Islands. institutions offering only graduate Commission on Dental Accreditation business and business-related programs (1952/1995/2000). Scope of recognition: II. National Institutional and at the master’s degree level. the accreditation of predoctoral dental Specialized Accrediting Agencies Accrediting Council on Education in education programs (programs leading Accreditation Board for Engineering Journalism and Mass Communications to the DDS of DMD degree); dental and Technology, Inc. (1952/1992/1997). (1952/1991/1996). Scope of recognition: auxiliary education programs (dental Scope of recognition: the accreditation the accreditation of units within assisting, dental hygiene and dental of basic (baccalaureate) and advanced institutions offering professional laboratory technology); and advanced (master’s) level programs in engineering, undergraduate and graduate (master’s) dental educational programs (general associate and baccalaureate degree degree programs in journalism and mass practices residency, advanced general programs in engineering technology, communications. dentistry, and the specialties of dental and engineering-related programs at the American Academy for Liberal public health, endodontics, oral baccalaureate and advanced degree Education (1995/1997). Scope of pathology, orthodontics, oral and level. recognition: the accreditation and maxillofacial surgery, pedodontics, Accrediting Association of Bible preaccreditation (‘‘Candidacy for periodontics, and prosthodontics). Colleges, Commission on Accreditation Accreditation’’) of institutions of higher The American Dietetic Association, (1952/1996/2000) Scope of recognition: education and programs within Commission on Accreditation/Approval the accreditation and preaccreditation institutions of higher education that for Dietetic Education (1974/1996/ (‘‘Candidate’’ status) of Bible colleges offer liberal arts degrees at the 2000). Scope of recognition: the and institutes offering undergraduate baccalaureate level or a documented accreditation of Coordinated Programs programs. equivalency. in Dietetics at both the undergraduate Accrediting Bureau of Health American Association for Marriage and graduate level, postbaccalaureate Education Schools (1982/1995/1998). and Family Therapy, Commission on Dietetic Internships, and Dietetic Scope of recognition: the accreditation Accreditation for Marriage and Family Technician Programs at the associate of private, postsecondary allied health Therapy Education (1978/1995/2000). degree level. education institutions, private medical Scope of recognition: the accreditation American Occupational Therapy assistant programs, public and private of clinical training programs in marriage Association, Accreditation Council for medical laboratory technician programs, and family therapy at the master’s, Occupational Therapy Education (1952/ and allied health programs leading to doctoral, and postgraduate levels. 1995/2000). Scope of recognition: the the Associate of Applied Science and American Association of Nurse accreditation of entry-level professional the Associate of Occupational Science Anesthetists, Council on Accreditation occupational therapy educational degree. of Nurse Anesthesia Educational programs awarding baccalaureate Accrediting Commission of Career Programs (1955/1996/2000). Scope of degrees, post-baccalaureate certificates, Schools and Colleges of Technology recognition: the accreditation of professional master’s degrees, and (1967/1995/1999). Scope of recognition: institutions and programs of nurse combined baccalaureate/master’s the accreditation of private, anesthesia at the certificate, master’s, or degrees, and also for the accreditation of postsecondary, non-degree-granting doctoral degree levels. occupational therapy assistant programs institutions and degree-granting American Bar Association, Council of leading to an associate degree or institutions, including those granting the Section of Legal Education and certificate. associate and baccalaureate degrees, that Admissions to the Bar (1952/1992/ American Optometric Association, are predominantly organized to educate 1997). Scope of recognition: the Council on Optometric Education students for occupational, trade and accreditation of professional schools of (1952/1992/1997). Scope of recognition: technical careers. law. the accreditation and preaccreditation Accrediting Commission on American Board of Funeral Service (‘‘Reasonable Assurance Preliminary Education for Health Services Education, Committee on Accreditation Approval’’ {for professional degree Administration (1970/1995/2000). (1972/1992/1997). Scope of recognition: programs} and ‘‘Candidacy Pending’’ Scope of recognition: the accreditation the accreditation of institutions and {for optometric residency programs in of graduate programs in health services programs awarding diplomas, associate facilities of Veterans’ Administration}) administration. degrees and bachelor’s degrees in of professional optometric degree Accrediting Council for Continuing funeral service or mortuary science. programs, optometric residency Education and Training, Accrediting American College of Nurse-Midwives, programs, and optometric technician Commission (1978/1994/1997). Scope of Division of Accreditation (1982/1995/ programs. recognition: the accreditation of 2000). Scope of recognition: the American Osteopathic Association, institutions of higher education that accreditation and preaccreditation of Bureau of Professional Education (1952/ offer non-collegiate continuing basic certificate and graduate nurse- 1995/2000). Scope of recognition: the education programs and higher midwifery education programs for accreditation and preaccreditation education programs of non-collegiate registered nurses, as well as the (‘‘Provisional Accreditation’’) of continuing education. accreditation and preaccreditation of freestanding institutions of osteopathic Accrediting Council for Independent pre-certification nurse-midwifery medicine and programs leading to the Colleges and Schools (1956/1995/1999). education programs. degree of Doctor of Osteopathy or Scope of recognition: the accreditation American Council on Pharmaceutical Doctor of Osteopathic Medicine. of private postsecondary institutions Education (1952/1995/2000). Scope of American Physical Therapy offering business and business-related recognition: the accreditation and Association, Commission on programs and the accreditation and preaccreditation (‘‘Precandidate’’ and Accreditation in Education (1977/1996/ preaccreditation (‘‘Recognized ‘‘Candidate’’ statuses) of professional 2001). Scope of recognition: the Candidacy’’) of junior and senior degree programs in pharmacy leading to accreditation and preaccreditation colleges of business (including senior the degrees of Baccalaureate in (‘‘Candidate for Accreditation’’ status) of colleges with master’s degree programs), Pharmacy and Doctor of Pharmacy. programs for the preparation ofphysical Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18765 therapists and physical therapist paramedic, perfusionist, physician Medicine Technology (1974/1995/1999). assistants. assistant, and surgical technologist. Scope of recognition: the accreditation American Podiatric Medical Commission on Opticianry of higher education programs for the Association, Council on Podiatric Accreditation (1985/1992/1997). Scope nuclear medicine technologist. Medical Education (1952/1995/2000). of recognition: the accreditation of two- Joint Review Committee on Education Scope of recognition: the accreditation year programs for the ophthalmic in Radiologic Technology (1957/1995/ and preaccreditation (‘‘Candidate dispenser and one-year programs for the 1999). Scope of recognition: the Status’’) of freestanding colleges of ophthalmic laboratory technician. accreditation of educational programs podiatric medicine and programs of The Council on Chiropractic for radiographers and radiation podiatric medicine, including first Education, Commission on therapists. professional programs leading to the Accreditation (1974/1992/1997). Scope Liaison Committee on Medical degree of Doctor of Podiatric Medicine. of recognition: the accreditation of Education of the Council on Medical American Psychological Association, programs and freestanding institutions Education of the American Medical Committee on Accreditation (1970/ that award the Doctor of Chiropractic Association and the American Medical 1992/1997). Scope of recognition: the degree. Colleges (1952/1991/1996). Scope of accreditation of doctoral programs in Council on Naturopathic Medical recognition: the accreditation and clinical, counseling, school and Education (1987/1995/1999). Scope of preaccreditation (‘‘Reasonable combined professional-scientific recognition: the accreditation and Assurance’’ and ‘‘Provisional psychology, and predoctoral internship preaccreditation (‘‘Candidate for Accreditation’’) of programs leading to Accreditation’’) of institutions and programs in professional psychology. the M.D. degree. American Speech-Language Hearing graduate programs in Naturopathy that Montessori Accreditation Council for Association (1967/1991/1997). Scope of lead to the degree of Doctor of Teacher Education, Commission on recognition: the accreditation of Naturopathy (N.D.) or Doctor of Accreditation (1995/1997). Scope of Master’s degree programs in speech- Naturopathic Medicine (N.M.D.). recognition: the accreditation of language pathology and audiology. Council on Education for Public American Veterinary Medical Health (1974/1992/1997). Scope of Montessori teacher education programs Association, Council on Education recognition: the accreditation and and institutions evaluated by the (1952/1992/1997). Scope of recognition: preaccreditation of graduate schools of following review committees: the the accreditation and preaccreditation of public health and graduate programs American Montessori Society, the colleges of veterinary medicine offering offered outside schools of public health International Association of Progressive programs leading to a professional in community health education and in Montessorians, the Independent degree (D.V.M. or D.M.V.) in veterinary community health/preventive medicine. Montessori Consortia (1, 2, and 3), the medicine. Council on Occupational Education Montessori Institute of America, and the Association for Clinical Pastoral (1969/1995/1997). Scope of recognition: National Center for Montessori Education, Inc., Accreditation The accreditation and preaccreditation Education. Commission (1969/1991/1997). Scope of of non-degree granting postsecondary National Accreditation Commission recognition: the accreditation and occupational/vocational institutions and for Schools and Colleges of preaccreditation (‘‘Candidacy for also the accreditation and Acupuncture and Oriental Medicine Accredited Membership’’) of basic, preaccreditation of those postsecondary (1988/1995/2000). Scope of recognition: advanced, and supervisory clinical occupational/vocational education The accreditation of first-professional pastoral education programs. institutions currently accredited by the master’s degree and professional Association of Advanced Rabbinical Council that either have state master’s level certificate and diploma and Talmudic Schools, Accreditation authorization to grant the applied programs in acupuncture and Oriental Commission (1974/1992/1997). Scope of associate degree in specific vocational/ medicine. recognition: the accreditation and occupational fields or that receive such National Accrediting Agency for preaccreditation (‘‘Correspondent’’ and authorization during the Council’s Clinical Laboratory Sciences (1974/ ‘‘Candidate’’) of advanced rabbinical current recognition period. 1996/1999). Scope of recognition: the and Talmudic schools. Distance Education and Training accreditation of programs in Clinical Association of Theological Schools in Council, Accrediting Commission Laboratory Science/Medical the United States and Canada, (1959/1996/2000). Scope of recognition: Technology, Clinical Laboratory Commission on Accrediting (1952/1995/ the accreditation of private and non- Technician/Medical Laboratory 1998). Scope of recognition: the private distance education institutions Technician-Associate Degree, Clinical accreditation and preaccreditation offering non-degree and associate, Laboratory Technician/Medical (‘‘Candidate for Accredited baccalaureate, and master’s degree Laboratory Technician-Certificate, Membership’’) of freestanding schools, programs primarily through the distance Histologic Technician/ as well as schools affiliated with larger learning method. Histotechnologist, and Pathologists’ institutions, that offer graduate Foundation for Interior Design Assistant. professional education for ministry and Education Research, Committee on National Accrediting Commission of graduate study of theology. Accreditation (1976/1992/1997). Scope Cosmetology Arts and Sciences (1970/ Commission on Accreditation of of recognition: the accreditation of two- 1995/1996). Scope of recognition: the Allied Health Education Programs year preprofessional assistant level accreditation of postsecondary schools (1952/1996/1998). Scope of recognition: programs (certificate and associate and departments of cosmetology arts the accreditation and preaccreditation degree), first professional degree level and sciences. (‘‘Candidacy’’ status) of educational programs (master’s and baccalaureate National Association of Nurse programs for the allied health degree and three-year certificate) and Practitioners in Reproductive Health, occupations of cytotechnologist, post-professional master’s degree Council on Accreditation (1996/1998). diagnostic medical sonographer, programs in interior design. Scope of recognition: the accreditation electroneurodiagnostic technologist, Joint Review Committee on of women’s health nurse practitioner emergency medical technician- Educational Programs in Nuclear programs. 18766 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

National Association of Schools of Art and diploma programs offered by 2471(25)(D), 4351(3), 25 U.S.C. 1813; 38 and Design, Commission on degree-granting institutions of higher U.S.C. 3675(a); 42 U.S.C. 298b(6). Accreditation (1966/1992/1997). Scope education in the state of New York. Dated: April 7, 1997. of recognition: the accreditation of Transnational Association of David A. Longanecker, institutions and units within Christian Colleges and Schools, Assistant Secretary for Postsecondary institutions offering degree-granting and Accrediting Commission (1991/1996/ Education. non-degree-granting programs in art, 1999). Scope of recognition: the [FR Doc. 97–9916 Filed 4–16–97; 8:45 am] design, or art/design-related disciplines. accreditation and preaccreditation BILLING CODE 4000±01±P National Association of Schools of (‘‘Candidate’’ status) of postsecondary Dance, Commission on Accreditation institutions that offer certificates, (1983/1991/1997). Scope of recognition: diplomas, and associate, baccalaureate, DEPARTMENT OF ENERGY the accreditation of institutions and and graduate degrees. units within institutions offering degree- III. State Approval Agencies for Public Office of Arms Control and granting and non-degree-granting Postsecondary Vocational Education Nonproliferation; Proposed programs in dance and dance-related Subsequent Arrangements disciplines. Arkansas State Board of Vocational National Association of Schools of Education (1975/1994/1998). AGENCY: Department of Energy. Music, Commission on Accreditation, Kansas State Board of Education ACTION: Subsequent arrangements. Commission on Non-Degree-Granting (1975/1994/1998). Pursuant to Section 131 of the Atomic Accreditation, and Commission on Board of Trustees of the Minnesota Energy Act of 1954, as amended (42 Community/Junior College State Colleges and Universities (1974/ U.S.C. 2160), notice is hereby given of Accreditation (1952/1992/1997). Scope 1995/1999). a proposed ‘‘subsequent arrangement’’ of recognition: The accreditation of Missouri State Board of Education under the Agreement for Cooperation in institutions and units within (1974/1995/1999). the Peaceful Uses of Atomic Energy institutions offering degree-granting and New York State Board of Regents between the Government of the United non-degree-granting programs in music (1974/1995/1998). Oklahoma State Board of Vocational States of America and the European and music-related disciplines, including Technical Education (1976/1996/2000). Atomic Energy Community community/junior colleges and Scope of recognition: the approval of all (EURATOM) and the Agreement for independent degree-granting and non- non-collegiate public postsecondary Cooperation between the Government of degree-granting institutions. National Association of Schools of vocational education offered at the United States of America and the Theatre, Commission on Accreditation institutions in the State of Oklahoma Government of the Federative Republic of Brazil concerning Civil Uses of (1982/1991/1997). Scope of recognition: that are not under the jurisdiction of the Atomic Energy. the accreditation of institutions and Oklahoma State Regents for Higher Education. The subsequent arrangement to be units within institutions offering degree- Oklahoma State Regents for Higher carried out under the above-mentioned granting and non-degree-granting Education (1976/1994/1998). Scope of agreements involves approval of the programs in theatre and theatre-related recognition: the approval of public following retransfer: RTD/BR(EU)–9, for disciplines. postsecondary education in the state of the transfer from France to Brazil of National Council for Accreditation of Oklahoma for which credit earned is 26,000 grams of uranium containing Teacher Education (1952/1995/1999). applied toward a degree, diploma, or 5,187 grams of the isotope uranium-235 Scope of recognition: the accreditation other postsecondary academic or (19.95 percent enrichment) for use in of professional education units collegiate award given at State fuel element production. providing baccalaureate and graduate institutions comprising the Oklahoma In accordance with Section 131 of the degree programs for the preparation of State System of Higher Education. Atomic Energy Act of 1954, as amended, teachers and other professional Puerto Rico Human Resources and it has been determined that these personnel for elementary and secondary Occupational Development Council subsequent arrangements will not be schools. (1983/1996/2000). inimical to the common defense and National Environmental Health Utah State Board for Vocational security. Science and Protection Accreditation Education (1976/1994/1998). This subsequent arrangement will Council (1995/1996/1998). Scope of take effect no sooner than fifteen days recognition: the accreditation and IV. State Approval Agencies for Nurse Education after the date of publication of this preaccreditation of baccalaureate notice. programs in environmental health Colorado Board of Nursing (1990/1995/ science and protection. 1999). Issued in Washington, D.C. on April 11, 1997. National League for Nursing, Inc., Iowa Board of Nursing (1969/1994/ National League for Nursing Accrediting 1998). Cherie P. Fitzgerald, Commission (1952/1996/1997). Scope of Maryland Board of Nursing (1985/1994/ Director, International Policy and Analysis recognition: The accreditation of 1998). Division, Office of Arms Control and programs in practical nursing, and Missouri State Board of Nursing (1970/ Nonproliferation. diploma, associate, baccalaureate and 1995/1999). [FR Doc. 97–9938 Filed 4–16–97; 8:45 am] higher degree nurse education Montana Board of Nursing (1969/1996/ BILLING CODE 6450±01±P programs. 2000). New York State Board of Regents New Hampshire Board of Nursing (1952/1995/1999). Scope of recognition: (1969/1995/1999). DEPARTMENT OF ENERGY New York State Board of Regents, the accreditation (registration) of Office of Arms Control and collegiate degree-granting programs or Nursing Education Unit (1969/1995/ 1998). Nonproliferation; Proposed curricula offered by institutions of Subsequent Arrangement higher education in the state of New Program Authority: 20 U.S.C. 1094(c)(4), York and of credit-bearing certificate 1141(a), 1145(c)(3), 1401(a)(11)(E), AGENCY: Department of Energy. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18767

ACTION: Subsequent Arrangement. DATES: Tuesday, April 22, 1997: 6:30 DEPARTMENT OF ENERGY p.m.—9:30 p.m., 8:00 p.m. to 8:15 p.m. SUMMARY: Pursuant to Section 131 of the (public comment session). Office of Fossil Energy; Meeting National Coal Council; Notice of Open Atomic Energy Act of 1954, as amended ADDRESS: Northern New Mexico (42 U.S.C. 2160), notice is hereby given Community College, 1002 North On˜ ate Meeting of a proposed ‘‘subsequent Street, Espan˜ ola, New Mexico 87532. arrangement’’ under the Agreement for Pursuant to the provisions of the Cooperation in the Peaceful Uses of FOR FURTHER INFORMATION CONTACT: Ms. Federal Advisory Committee Act (Pub. Nuclear Energy between the United Ann DuBois, Los Alamos National L. 92–463, 92–463, 86 Stat. 770), notice States of America and the European Laboratory Citizens’ Advisory Board is hereby given of the following Atomic Energy Community Support, Northern New Mexico meeting: Community College, 1002 On˜ ate Street, (EURATOM) and the Agreement for Name: National Coal Council. Cooperation between the Government of Espan˜ ola, NM 87352, (800)753–8970, or (505)753–8970, or (505)262–1800. Date and Time: Friday, May 16, 1997, 9:00 the United States of America and the AM. Government of Canada concerning Civil SUPPLEMENTARY INFORMATION: Place: Old Town Holiday Inn Select, 480 Uses of Atomic Energy, as amended. King Street, Alexandria, VA. Purpose of the Board: The purpose of Contact: Margie D. Biggerstaff, U.S. The subsequent arrangement to be the Advisory Board is to make carried out under the above-mentioned Department of Energy, Office of Fossil Energy recommendations to DOE and its (FE–5) Washington, D.C. 20585, Telephone: agreements involves approval of the regulators in the areas of environmental following retransfer: RTD/EU(CA)–12, 202/586–3867. restoration, waste management, and Purpose of the Council: To provide advice, for the transfer of one unirradiated related activities. information, and recommendations to the uranium carbide fuel element composed Secretary of Energy on matters relating to of 740.4 grams of enriched uranium, Tentative Agenda coal and coal industry issues. containing 9.7 grams of the isotope U– Tuesday, April 22, 1997 235 (1.31 percent enrichment), from TENTATIVE AGENDA AECL in Canada to COGEMA in France, 6:30 p.m. Call to Order and Welcome —Call to order and opening remarks by for use as research material to establish 7:00 p.m. Public Comment Clifford Miercort, Chairman of the National a uranium recovery process for this type 8:00 p.m. Old Business Coal Council. of fuel. —Approve agenda. 8:15 p.m. New Business —Remarks by the Honorable Federico Pen˜ a In accordance with Section 131 of the 9:30 p.m. Adjourn Secretary of Energy (invited). Atomic Energy Act of 1954, as amended, Public Participation —Report of the Coal Policy Committee. it has been determined that this —Administrative reports. subsequent arrangement will not be The meeting is open to the public. —Election of 1997–98 officers. inimical to the common defense and Written statements may be filed with —Discussion of any other business properly security. the Committee either before or after the brought before the Council. This subsequent arrangement will meeting. Individuals who wish to make —Public comment—10-minute rule. take effect no sooner that fifteen days oral statements pertaining to agenda —Adjournment. after the date of publication of this items should contact Ms. Ann DuBois at Public Participation: notice. (800) 753–8970. The Designated Federal The meeting is open to the public. The Dated: April 11, 1997. Official is empowered to conduct the Chairman of the Council is empowered to meeting in a fashion that will facilitate For the Department of Energy. conduct the meeting in a fashion that will the orderly conduct of business. This facilitate the orderly conduct of business. Cherie Fitzgerald, notice is being published less than 15 Director, International Policy and Analysis Any member of the public who wishes to file days before the date of the meeting due a written statement with the Council will be Division, Office of Arms Control and to programmatic issues that needed to Nonproliferation. permitted to do so, either before or after the be resolved prior to publication. meeting. Members of the public who wish to [FR Doc. 97–9939 Filed 4–16–97; 8:45 am] make oral statements pertaining to agenda Minutes BILLING CODE 6450±01±P items should contact Margie D. Biggerstaff at The minutes of this meeting will be the address or telephone number listed above. Requests must be received at least five DEPARTMENT OF ENERGY available for public review and copying at the Freedom of Information Public days prior to the meeting and reasonable Reading Room, 1E–190, Forrestal provisions will be made to include the Environmental Management Site- presentation on the agenda. Specific Advisory Board, Department Building, 1000 Independence Avenue, of Energy, Los Alamos National SW, Washington, DC 20585 between Transcript Laboratory 9:00 a.m. and 4:00 p.m., Monday-Friday, Available for public review and copying at except Federal holidays. Minutes will the Public Reading Room, Room 1E–190, AGENCY: Department of Energy. also be available by writing to Herman Forrestal Building, 1000 Independence Le-Doux, Department of Energy, Los Avenue, S.W., Washington, D.C., between ACTION: Notice of open meeting. Alamos Area Office, 528 35th Street, Los 9:00 AM and 4:00 PM, Monday through Alamos, NM 87185–5400. Friday, except Federal holidays. SUMMARY: Pursuant to the provisions of the Federal Advisory Committee Act Issued at Washington, DC on April 14, Issued at Washington, D.C., on April 14, (Public Law 92–463, 86 Stat. 770) notice 1997. 1997. is hereby given of the following Rachel M. Samuel, Rachel M. Samuel, Advisory Committee meeting: Acting Deputy Advisory Committee Acting Deputy Committee, Management Environmental Management Site- Management Officer. Advisory Officer. Specific Advisory Board (EM SSAB), [FR Doc. 97–9940 Filed 4–16–97; 8:45 am] [FR Doc. 97–9941 Filed 4–16–97; 8:45 am] Los Alamos National Laboratory. BILLING CODE 6450±01±P BILLING CODE 6450±01±P 18768 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

DEPARTMENT OF ENERGY 157.10). All protests filed with the El Paso states that it has determined Commission will be considered by it in that a short segment of the Jal-El Paso Federal Energy Regulatory determining the appropriate action to be ‘‘A’’ Line, approximately 1,290 feet in Commission taken but will not serve to make the length, is no longer required in the protestants parties to the proceeding. [Docket No. CP97±313±000] operation of its interstate transmission Any person wishing to become a party system. El Paso further states that this Columbia Gas Transmission to a proceeding or to participate as a segment abuts the length of pipeline Corporation; Notice of Petition for party in any hearing therein must file a abandoned by sale to Leapartners, L. P. Declaratory Order and Request for motion to intervene in accordance with El Paso asserts that by keeping this the Commission’s Rules. Certificate of Public Convenience and segment of pipeline in service, El Paso Take further notice that, pursuant to Necessity would retain a redundant facility and the authority contained in and subject to April 11, 1997. the jurisdiction conferred upon the continue to incur unnecessary operating Take notice that on April 3, 1997, Federal Energy Regulatory Commission and maintenance expenses. Columbia Gas Transmission Corporation by Sections 7 and 15 of the Natural Gas Any person desiring to be heard or (Columbia), 1700 MacCorkle Avenue, Act and the Commission’s Rules of make protest with reference to said S.E., Charleston, West Virginia 25314– Practice and Procedure, a hearing will application should, on or before May 2, 1599, filed in Docket No. CP97–313–000 be held without further notice before the 1997, file with the Federal Energy a petition pursuant to Section 16 of the Commission or its designee on this Regulatory Commission, Washington, Natural Gas Act (NGA) and Rule application if no motion to intervene is D.C., 20426, a protest or motion to 207(a)(2) of the Commission’s Rules of filed within the time required herein, if intervene in accordance with the Practice and Procedure (18 CFR the Commission on its own review of requirements of Rule 211 or 214 of the 385.207(a)(2)), for a declaratory order the matter finds that a grant of the Commissions Rules of Practice and requesting that an existing facility, certificate is required by the public Procedure (18 CFR 385.211 or 385.214) located in Indiana County, convenience and necessity. If a motion and the Regulations under the Natural Pennsylvania, be refunctionalized from for leave to intervene is timely filed, or gathering to transmission. Further, if the Commission on its own motion Gas Act (18 CFR 157.10). All protests Columbia, pursuant to Section 7(c) of believes that a formal hearing is filed with the Commission will be the NGA, requests authorization that required, further notice of such hearing considered by it in determining the this facility refunctionalized to will be duly given. appropriate action to be taken but will transmission be certificated as a Under the procedure herein provided not serve to make the protestants parties jurisdictional transmission facility, all for, unless otherwise advised, it will be to the proceeding. Any person wishing as more fully set forth in the petition unnecessary for Columbia to appear or to become a party to a proceeding or to which is on file with the Commission be represented at the hearing. participate as a party in any hearing and open to public inspection. Linwood A. Watson, Jr., therein must file a motion to intervene Columbia states that as a result of a Acting Secretary. in accordance with the Commissions detailed facility review completed in [FR Doc. 97–9896 Filed 4–16–97; 8:45 am] Rules. association with preparation of its spin- BILLING CODE 6717±01±M Take further notice that, pursuant to off application filed in Docket No. the authority contained in and subject to CP97–127–000, Columbia determined the jurisdiction conferred upon the that its Line 12206, an existing facility DEPARTMENT OF ENERGY which is presently functionalized as Federal Energy Regulatory Commission gathering, serves a transmission Federal Energy Regulatory by Section 7 and 15 of the Natural Gas function. Columbia states that Line Commission Act and the Commissions Rules of 12206, consisting of approximately Practice and Procedure, a hearing will 6,041 feet of 8-inch-diameter pipeline, is [Docket No. CP97±326±000] be held without further notice before the Commission or its designee on this located between facilities to be sold to El Paso Natural Gas Company; Notice application if no motion to intervene is Somerset Exploration Corporation and of Application Columbia’s transmission facilities. filed within the time required herein, if Columbia states that it noted in its April 11, 1997. the Commission on its own review of application filed in Docket No. CP97– Take notice that on April 4, 1997, El the matter finds that the requested 127–000, that it would spin-off certain Paso Natural Gas Company (El Paso), abandonment is required by the public of its gathering facilities to various Post Office Box 1492, El Paso, Texas, convenience and necessity. If a motion purchasers by public auction, and that 79978, filed an application with the for leave to intervene is timely filed, or it would be filing the instant petition to Federal Energy Regulatory Commission if the Commission on its own motion refunctionalize gathering facilities to (Commission), in Docket No. CP97–326– believes that a formal hearing is transmission. 000, under Section 7(b) of the Natural required, further notice of such hearing Any person desiring to be heard or to Gas Act (NGA) and Section 157.5, et will be duly given. make any protest with reference to said seq., of the Commission’s Regulations, petition should on or before May 2, for permission and approval to abandon Under the procedure herein provided 1997, file with the Federal Energy in place a minor segment of mainline for, unless otherwise advised, it will be Regulatory Commission, Washington, pipeline located in Eddy County, New unnecessary for El Paso to appear or be D.C. 20426, a motion to intervene or a Mexico, and the related natural gas represented at the hearing. protest in accordance with the service from its interstate transmission Linwood A. Watson, Jr., requirements of the Commission’s Rules pipeline system, all as more fully Acting Secretary. of Practice and Procedure (18 CFR described in the application on file with [FR Doc. 97–9897 Filed 4–16–97; 8:45 am] 384.214 or 385.211) and the Regulations the Commission and open to public BILLING CODE 6717±01±M under the Natural Gas Act (18 CFR inspection. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18769

DEPARTMENT OF ENERGY operate the following facilities in two Transco states that in addition to the phases: incremental monthly reservation charge Federal Energy Regulatory Phase I for firm transportation service, it Commission requests approval of a usage rate of • A platform in Ship Shoal Block 14, [Docket No. IS97±9±000] including associated piping modifications in $0.1848 per dekatherm for interruptible Ship Shoal Blocks 14 and 28, offshore transportation service to be rendered Platte Pipe Line Company; Notice of Louisiana, to connect the platform facilities through the proposed facilities. This Technical Conference to the west leg of the SELGS in Ship Shoal rate is based on the 100 percent load Block 28. factor equivalent of the revised monthly April 11, 1997. • Approximately 50.71 miles of 30-inch reservation rate and will be charged On March 20, 1997, the Commission pipeline extending from the new platform in issued an order 1 in the captioned Ship Shoal Block 14 to a tie-in with the east only to those shippers specifically docket requiring, among other things, leg of the SELGS in Ship Shoal Block 214. requesting interruptible transportation that a technical conference be convened through the proposed facilities. Phase II Interruptible service will be provided to investigate the reasonableness of • Platte’s proposed tariff change to Item A junction platform in South Timbalier under Rate Schedule IT and be subject Block 301. to its terms and conditions. Transco No. 8–A, Nomination dates and • Approximately 26.87 miles of 30-inch payment obligations, which reflects the pipeline extending from an interconnection states that approval of the incremental added terms of payment obligations with the Phase I facilities and Transco’s Ship usage rate is critical to the economic related to the volumes delivered vis-a- Shoal Block 214 junction platform to the new viability of the project and whether or vis the volumes nominated. South Timbalier Block 301 junction platform. not Transco decides to go forward with The conference will begin at 9:00 Transco proposed in-service dates for the project. a.m., on Friday, April 18, 1997, at the the Phase I and Phase II facilities of Any person desiring to be heard or to Federal Energy Regulatory Commission, November 1, 1997 and November 1, make any protest with reference to said 888 First Street, N.E., Washington, D.C., 1998, respectively. Transco estimated in a room to be designated at that time. application should on or before April Any questions concerning the that the cost of the overall project would 18, 1997, file with the Federal Energy conference should be directed to be $129,054,498. Transco states that the Regulatory Commission, Washington, Richard A White, OGC, (202) 208–0491 Phase I facilities were designed to create DC 20426, a motion to intervene or a or John L. McCelland, OPR, (202) 208– firm transportation capacity of 380,113 protest in accordance with the 1064. Mcf per day and 659, 732 Mcf per day requirements of the Commission’s Rules after Phase II. The order also authorized Linwood A. Watson, Jr., of Practice and Procedure (18 CFR Transco proposals to charge incremental Acting Secretary. 385.214 or 385.211) and the Regulations rates for service through the proposed under the Natural Gas Act (18 CFR [FR Doc. 97–9898 Filed 4–16–97; 8:45 am] expansion. BILLING CODE 6717±01±M 157.10). All protests filed with the Transco states that it proposes to Commission will be considered by it in amend the March 26, 1996, determining the appropriate action to be authorization to reduce the size of the DEPARTMENT OF ENERGY taken but will not serve to make the proposed 30-inch pipeline to 24-inch diameter pipeline and also to delete protestants parties to the proceeding. Federal Energy Regulatory Any person wishing to become a party Commission Phase II of the expansion. Transco states that these are the only revisions to a proceeding or to participate as a [Docket No. CP96±758±001] proposed to the certificated facilities. party in any hearing therein must file a Transco states that the revised cost of motion to intervene in accordance with Transcontinental Gas Pipe Line the project is $76,360,516 and that the the Commission’s Rules. Corporation; Notice of Application changes in the project scope will reduce Take further notice that, pursuant to April 11, 1997. the firm capacity of the project to the authority contained in and subject to Take notice that on April 9, 1997, 331,819 dekatherms per day. Transco the jurisdiction conferred upon the Transcontinental Gas Pipe Line states that the proposed in-service date Federal Energy Regulatory Commission Corporation (Transco), P.O. Box 1396, for the project will remain November 1, by Sections 7 and 15 of the Natural Gas Houston, Texas 77251, filed in Docket 1997. The locations and routes of the Act and the Commission’s Rules of No. CP96–758–001 an application, proposed facilities will also remain Practice and Procedure, a hearing will pursuant to Section 7(c) of the Natural unchanged. be held without further notice before the Gas Act, requesting authority to amend Transco states that based on the Commission or its designee on this its certificate issued March 26, 1997, in revised cost of the facilities, the rate application if no motion to intervene is Docket No. CP96–758–000 so as to design and cost of service factors filed within the time required herein, if approved by the Commission in the reduce the project scale and pipe the Commission on its own review of March 26, 1997, order and revised diameter and to revise its initial rates, the matter finds that a grant of the billing determinants under the project of all as more fully set forth in the certificate is required by the public application which is on file with the 331,819 dekatherms per day times a 70 convenience and necessity. If a motion Commission and open to public percent load factor, it requests approval for leave to intervene is timely filed, or inspection. of a revised initial monthly reservation Transco states that it seeks to modify rate of $5.6223 per dekatherm. Transco if the Commission on its own motion its Southeast Louisiana Gathering states that a 70 percent load factor believes that a formal hearing is System, as approved in the March 26, assumption complies with the required, further notice of such hearing 1997, order. Transco explains that the Commission’s policy with regard to will be duly given. order authorized it to construct and minimum volumes to be used for Under the procedure herein provided designing rates for facilities located for, unless otherwise advised, it will be 1 78 FERC ¶ 61, (1997). offshore Louisiana. 18770 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices unnecessary for Transco to appear or be Transco states the estimated cost to Streets, Harrisburg, Pennsylvania. The represented at the hearing. construct the Grove Meter Expansion to meeting will commence at 2:00 p.m. Lois D. Cashell, be $1,056,736, with SCPC reimbursing Lois D. Cashell, Secretary. Transco for all costs associated with the Secretary. [FR Doc. 97–9894 Filed 4–16–97; 8:45 am] project. [FR Doc. 97–9920 Filed 4–16–97; 8:45 am] BILLING CODE 6717±01±M Any person or the Commission’s staff BILLING CODE 6717±01±M may, within 45 days after issuance of the instant notice by the Commission, DEPARTMENT OF ENERGY file pursuant to Rule 214 of the FEDERAL COMMUNICATIONS COMMISSION Federal Energy Regulatory Commission’s Procedural Rules (18 CFR Commission 385.214) a motion to intervene or notice [Report No. 2188] of intervention and pursuant to Section [Docket No. CP97±307±000] 157.205 of the Regulations under the Petitions for Reconsideration of Action Natural Gas Act (18 CFR 157.205) a in Rulemaking Proceeding Transcontinental Gas Pipe Line protest to the request. If no protest is April 14, 1997. Corporation; Notice of Request Under filed within the time allowed therefor, Blanket Authorization the proposed activity shall be deemed to Petitions for reconsideration have been filed in the Commission’s be authorized effective the day after the April 11, 1997. rulemaking proceeding listed in this time allowed for filing a protest. If a Take notice that on March 26, 1997, Public Notice and published pursuant to Transcontinental Gas Pipe Line protest is filed and not withdrawn 47 CFR section 1.429(e). The full text of Company (Transco), 2800 Post Oak within 30 days after the time allowed this document is available for viewing Boulevard, P.O. Box 1396, Houston, for filing a protest, the instant request and copying in room 239, 1919 M Texas 77251–1396, filed in Docket No. shall be treated as an application for Street, NW., Washington, DC or may be CP97–307–000 a request pursuant to authorization pursuant to Section 7 of purchased from the Commission’s copy Sections 157.205, 157.212, and 157.216 the Natural Gas Act. contractor, ITS, Inc. (202) 857–3800. of the Commission’s Regulations under Linwood A. Watson, Jr., Oppositions to this petition must be the Natural Gas Act (18 CFR 157.205, Acting Secretary. filed May 2, 1997. See section 1.4(b)(1) 157.212, 157.216) for authorization to [FR Doc. 97–9895 Filed 4–16–97; 8:45 am] of the Commission’s rules (47 CFR expand an existing delivery point to BILLING CODE 6717±01±M 1.4(b)(1)). Replies to an opposition must South Carolina Pipeline Corporation be filed within 10 days after the time for (SCPC) and to remove pipeline at the filing oppositions has expired. Grover Meter Station, located in DEPARTMENT OF ENERGY Subject: Implementation of Section Cleveland County, North Carolina, 309(j) of the Communications Act— under Transco’s blanket certificate Federal Energy Regulatory Competitive Bidding (PP Docket No. issued in Docket No. CP82–426–000, Commission 93–253) pursuant to Section 7(c) of the Natural Number of Petitions Filed: 1 Gas Act, all as more fully set forth in the request that is on file with the [Docket Nos. OA97±261±000 and ER97± Federal Communications Commission Commission and open to public 1082±000] William F. Caton, inspection. Acting Secretary. Pennsylvania-New Jersey-Maryland Transco proposes to expand the Grove [FR Doc. 97–9985 Filed 4–16–97; 8:45 am] Interconnection; Notice of Meeting Meter Station, an existing delivery point BILLING CODE 6712±01±M to SCPC, by (1) Installing a 16-inch main April 11, 1997. line tap and approximately 800 feet of Take notice that on Thursday, April new 16-inch pipe to the Grove Meter FEDERAL ELECTION COMMISSION Station and retiring 800 feet of 10-inch 17, 1997, individual Commissioners pipe, (2) retiring, replacing, and and/or Commission staff will participate Sunshine Act Meeting expanding the Grove Meter Station in an open meeting with the piping, odorization system, and other Pennsylvania Public Utility Commission DATE AND TIME: Wednesday, April 23, appurtenances, and (3) constructing (Pennsylvania Commission) related to 1997 at 10:00 a.m. 1,791 feet of 16-inch pipeline loop from the Pennsylvania-New Jersey-Maryland PLACE: 999 E Street NW., Washington, the Grove Meter Station outlet to a tie- Interconnection (PJM) filings at issue in DC. in with SCPC’s pipeline at the North these proceedings. At this meeting, it is STATUS: This meeting will be closed to Carolina/South Carolina state border, all anticipated that Commissioners of other the public. located in Cleveland County, North interested state commissions may ITEMS TO BE DISCUSSED: Carolina, to be referred to as the Grove attend. At this meeting, John Coughlin Meter Station Expansion. and/or other electees of the PJM Board Compliance matters pursuant to 2 Transco states it currently delivers up of Directors will be provided an U.S.C. § 437g. to 70,000 Dth per day to SCPC at the opportunity to state their concerns with Audits conducted pursuant to 2 Grove Meter Station. As a result of the respect to the terms of their U.S.C. § 437g, § 438(b), and Title 26, expansion proposed herein, Transco directorships. U.S.C. declares the capacity of the Grove Meter Matters concerning participation in Station will be increased to 200,000 Dth The meeting will be held at the civil actions or proceedings or per day. Transco asserts it has sufficient Pennsylvania Commission, North Office arbitration. delivery flexibility to accomplish such Building, Executive Chambers, First Internal personnel rules and additional deliveries without detriment Floor, Commonwealth and North procedures or matters affecting a or disadvantage to its other customers. particular employee. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18771

DATE AND TIME: Thursday, April 24, 1997 The counties of Adair and Metcalfe for SUPPLEMENTARY INFORMATION: The notice at 10:00 a.m. Individual Assistance, Public Assistance and of a major disaster for the State of Ohio, Hazard Mitigation. PLACE: 999 E Street NW., Washington, is hereby amended to include the DC (ninth floor). (Catalog of Federal Domestic Assistance No. following area among those areas 83.516, Disaster Assistance.) determined to have been adversely STATUS: This meeting will be open to the Dennis H. Kwiatkowski, public. affected by the catastrophe declared a Deputy Associate Director, Response and major disaster by the President in his ITEMS TO BE DISCUSSED: Recovery Directorate. declaration of March 4, 1997: [FR Doc. 97–9935 Filed 4–16–97; 8:45 am] Correction and Approval of Minutes. Morgan County for Public Assistance and BILLING CODE 6718±02±P Advisory Opinion 1997–04: Robert L. Hazard Mitigation. Shuster on behalf of Eckert Seamans (Catalog of Federal Domestic Assistance No. Cherin & Mellott, L.L.C., Federal FEDERAL EMERGENCY 83.516, Disaster Assistance) Election Commission, Sunshine Act MANAGEMENT AGENCY Notices for Meetings of April 23 and 24, Dennis H. Kwiatkowski, 1997. [FEMA±1170±DR] Deputy Associate Director, Response and Recovery Directorate. Thursday, April 24, 1997 at 10:00 a.m. Illinois; Amendment to Notice of a [FR Doc. 97–9936 Filed 4–16–97; 8:45 am] Best Efforts Final Rules and Major Disaster Declaration BILLING CODE 6718±02±P Explanation and Justification (11 C.F.R. AGENCY: Federal Emergency § 104.7 (b)(1) and (b)(3). Management Agency (FEMA). Independent and Coordinated FEDERAL EMERGENCY Expenditures by Party Committees— ACTION: Notice. MANAGEMENT AGENCY Notice of Proposed Rulemaking (11 SUMMARY: This notice amends the notice C.F.R. § 100.7, § 100.23, § 104.4, § 109.1, of a major disaster for the State of [FEMA±1164±DR] § 110.1, § 110.2, § 110.7, and § 110.11). Illinois (FEMA–1170-DR), dated March Administrative Matters. 21, 1997, and related determinations. Ohio; Amendment to Notice of a Major PERSON TO CONTACT FOR INFORMATION: Disaster Declaration EFFECTIVE DATE: April 1, 1997. Mr. Ron Harris, Press Officer, FOR FURTHER INFORMATION CONTACT: Telephone: (202) 219–4155. AGENCY: Federal Emergency Magda Ruiz, Response and Recovery Management Agency (FEMA). Marjorie W. Emmons, Directorate, Federal Emergency Secretary of the Commission. Management Agency, Washington, DC ACTION: Notice. [FR Doc. 97–10088 Filed 4–15–97; 11:40 am] 20472, (202) 646–3260. BILLING CODE 6715±01±M SUPPLEMENTARY INFORMATION: Notice is SUMMARY: This notice amends the notice hereby given that the incident period for of a major disaster for the State of Ohio this disaster is closed effective April 1, (FEMA–1164–DR), dated March 4, 1997, FEDERAL EMERGENCY 1997. and related determinations. MANAGEMENT AGENCY (Catalog of Federal Domestic Assistance No. EFFECTIVE DATE: March 31, 1997 [FEMA±1163±DR] 83.516, Disaster Assistance.) Dennis H. Kwiatkowski, FOR FURTHER INFORMATION CONTACT: Kentucky; Amendment to Notice of a Deputy Associate Director, Response and Magda Ruiz, Response and Recovery Major Disaster Declaration Recovery Directorate. Directorate, Federal Emergency [FR Doc. 97–9931 Filed 4–16–97; 8:45 am] Management Agency, Washington, DC AGENCY: Federal Emergency BILLING CODE 6718±02±P 20472, (202) 646–3260. Management Agency (FEMA). ACTION: Notice. SUPPLEMENTARY INFORMATION: Notice is FEDERAL EMERGENCY hereby given that, effective this date and SUMMARY: This notice amends the notice MANAGEMENT AGENCY pursuant to the authority vested in the of a major disaster for the Director of the Federal Emergency Commonwealth of Kentucky, (FEMA– [FEMA±1164±DR] Management Agency under Executive 1163-DR), dated March 4, 1997, and Order 12148, I hereby appoint Gary related determinations. Ohio; Amendment to Notice of a Major Pierson of the Federal Emergency Disaster Declaration EFFECTIVE DATE: April 7, 1997 Management Agency to act as the FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Emergency Federal Coordinating Officer for this Magda Ruiz, Response and Recovery Management Agency (FEMA). declared disaster. Directorate, Federal Emergency ACTION: Notice. This action terminates my Management Agency, Washington, DC appointment of David A. Skarosi as 20472, (202) 646–3260. SUMMARY: This notice amends the notice Federal Coordinating Officer for this SUPPLEMENTARY INFORMATION: The notice of a major disaster for the State of Ohio, disaster. of a major disaster for the (FEMA–1164–DR), dated March 4, 1997, and related determinations. (Catalog of Federal Domestic Assistance No. Commonwealth of Kentucky, is hereby 83.516, Disaster Assistance.) EFFECTIVE DATE: April 4, 1997. amended to include the following areas Dated: April 3, 1997. among those areas determined to have FOR FURTHER INFORMATION CONTACT: been adversely affected by the Magda Ruiz, Response and Recovery James L. Witt, catastrophe declared a major disaster by Directorate, Federal Emergency Director. the President in his declaration of Management Agency, Washington, DC [FR Doc. 97–9937 Filed 4–16–97; 8:45 am] March 4, 1997: 20472, (202) 646–3260. BILLING CODE 6718±02±P 18772 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

FEDERAL EMERGENCY Directorate, Federal Emergency FEDERAL EMERGENCY MANAGEMENT AGENCY Management Agency, Washington, DC MANAGEMENT AGENCY 20472, (202) 646–3260. [FEMA±1167±DR] [FEMA±1172±DR] SUPPLEMENTARY INFORMATION: Notice is Tennessee; Amendment to Notice of a hereby given that, in a letter dated April Washington; Major Disaster and Major Disaster Declaration 2, 1997, the President declared a major Related Determinations disaster under the authority of the AGENCY: Federal Emergency AGENCY: Federal Emergency Robert T. Stafford Disaster Relief and Management Agency (FEMA). Management Agency (FEMA). Emergency Assistance Act (42 U.S.C. ACTION: Notice. ACTION: Notice. 5121 et seq.), as follows: SUMMARY: This notice amends the notice I have determined that the damage in SUMMARY: This is a notice of the of a major disaster for the State of certain areas of the State of Tennessee, Presidential declaration of a major Tennessee (FEMA–1167–DR), dated resulting from severe storms and tornadoes disaster for the State of Washington on March 28–29, 1997, is of sufficient March 7, 1997, and related (FEMA–1172–DR), dated April 2, 1997, severity and magnitude to warrant a major and related determinations. determinations. disaster declaration under the Robert T. EFFECTIVE DATE: April 2, 1997 EFFECTIVE DATE: April 4, 1997. Stafford Disaster Relief and Emergency FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Assistance Act (‘‘the Stafford Act’’). I, Madge Dale, Response and Recovery Magda Ruiz, Response and Recovery therefore, declare that such a major disaster exists in the State of Tennessee. Directorate, Federal Emergency Directorate, Federal Emergency In order to provide Federal assistance, you Management Agency, Washington, DC Management Agency, Washington, DC are hereby authorized to allocate from funds 20472, (202) 646–3260. 20472, (202) 646–3260. available for these purposes, such amounts as SUPPLEMENTARY INFORMATION: Notice is SUPPLEMENTARY INFORMATION: The notice you find necessary for Federal disaster hereby given that, in a letter dated April of a major disaster for the State of assistance and administrative expenses. You are authorized to provide Individual 2, 1997, the President declared a major Tennessee is hereby amended to include disaster under the authority of the the following areas among those areas Assistance and Hazard Mitigation in the designated areas. Further, you are authorized Robert T. Stafford Disaster Relief and determined to have been adversely to provide reimbursement for debris removal Emergency Assistance Act (42 U.S.C. affected by the catastrophe declared a and emergency protective measures under 5121 et seq.), as follows: major disaster by the President in his the Public Assistance program. Other types of I have determined that the damage in declaration of March 7, 1997: assistance under the Public Assistance certain areas of the State of Washington, The counties of Benton, Clay, Decatur, program may be added at a later date, as you resulting from heavy rains, snow melt, Hardeman, Hardin, Henderson, Henry, deem appropriate. Consistent with the flooding, land and mud slides on March 18– Humphreys, and Jackson for Public requirement that Federal assistance be 28, 1997, is of sufficient severity and Assistance and Hazard Mitigation. supplemental, any Federal funds provided magnitude to warrant a major disaster The counties of Gibson, Lake, and Tipton under the Stafford Act for Public Assistance declaration under the Robert T. Stafford for Categories C through G under the Public or Hazard Mitigation will be limited to 75 Disaster Relief and Emergency Assistance Act Assistance program (already designated for percent of the total eligible costs. (‘‘the Stafford Act’’). I, therefore, declare that such a major disaster exists in the State of Individual Assistance and Hazard Mitigation The time period prescribed for the and Categories A and B under the Public Washington. Assistance program). implementation of section 310(a), In order to provide Federal assistance, you Priority to Certain Applications for are hereby authorized to allocate from funds (Catalog of Federal Domestic Assistance No. available for these purposes, such amounts as 83.516, Disaster Assistance) Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for you find necessary for Federal disaster Dennis H. Kwiatkowski, a period not to exceed six months after assistance and administrative expenses. You are authorized to provide Individual Deputy Associate Director, Response and the date of this declaration. Recovery Directorate. Assistance and Hazard Mitigation in the [FR Doc. 97–9930 Filed 4–16–97; 8:45 am] Notice is hereby given that pursuant designated areas. Public Assistance may be to the authority vested in the Director of added at a later date, if requested and BILLING CODE 6718±02±P the Federal Emergency Management warranted. Consistent with the requirement Agency under Executive Order 12148, I that Federal assistance be supplemental, any hereby appoint Edward Thomas of the Federal funds provided under the Stafford FEDERAL EMERGENCY Act for Hazard Mitigation will be limited to MANAGEMENT AGENCY Federal Emergency Management Agency 75 percent of the total eligible costs. to act as the Federal Coordinating [FEMA±1171±DR] Officer for this declared disaster. The time period prescribed for the implementation of section 310(a), I do hereby determine the following Tennessee; Major Disaster and Related Priority to Certain Applications for areas of the State of Tennessee to have Determinations Public Facility and Public Housing been affected adversely by this declared Assistance, 42 U.S.C. 5153, shall be for AGENCY: Federal Emergency major disaster: a period not to exceed six months after Management Agency (FEMA). The counties of Bradley, Hamilton, Polk, the date of this declaration. ACTION: Notice. Sequatchie, and Smith for Individual Notice is hereby given that pursuant Assistance, Hazard Mitigation, and to the authority vested in the Director of SUMMARY: This is a notice of the Categories A and B under the Public the Federal Emergency Management Presidential declaration of a major Assistance program. Agency under Executive Order 12148, I disaster for the State of Tennessee (Catalog of Federal Domestic Assistance No. hereby appoint Nellie Ann Mills of the (FEMA–1171–DR), dated April 2, 1997, 83.516, Disaster Assistance) Federal Emergency Management Agency and related determinations. James L. Witt, to act as the Federal Coordinating EFFECTIVE DATE: April 2, 1997. Director. Officer for this declared disaster. FOR FURTHER INFORMATION CONTACT: [FR Doc. 97–9932 Filed 4–16–97; 8:45 am] I do hereby determine the following Madge Dale, Response and Recovery BILLING CODE 6718±02±P areas of the State of Washington to have Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18773 been affected adversely by this declared 225.41 of the Board’s Regulation Y (12 proposal also involves the acquisition of major disaster: CFR 225.41) to acquire a bank or bank a nonbanking company, the review also The counties of Grays Harbor, King and holding company. The factors that are includes whether the acquisition of the Mason for Individual Assistance and Hazard considered in acting on the notices are nonbanking company complies with the Mitigation. set forth in paragraph 7 of the Act (12 standards in section 4 of the BHC Act. (Catalog of Federal Domestic Assistance No. U.S.C. 1817(j)(7)). Unless otherwise noted, nonbanking 83.516, Disaster Assistance) The notices are available for activities will be conducted throughout James L. Witt, immediate inspection at the Federal the United States. Reserve Bank indicated. Once the Director. Unless otherwise noted, comments notices have been accepted for regarding each of these applications [FR Doc. 97–9933 Filed 4–16–97; 8:45 am] processing, they will also be available must be received at the Reserve Bank BILLING CODE 6718±02±P for inspection at the offices of the Board indicated or the offices of the Board of of Governors. Interested persons may Governors not later than May 12, 1997. express their views in writing to the FEDERAL EMERGENCY A. Federal Reserve Bank of Chicago Reserve Bank indicated for that notice MANAGEMENT AGENCY (James A. Bluemle, Vice President) 230 or to the offices of the Board of South LaSalle Street, Chicago, Illinois [FEMA±1159±DR] Governors. Comments must be received 60690-1413: not later than May 1, 1997. 1. Country Bancorporation, Washington; Amendment to Notice of A. Federal Reserve Bank of Kansas Crawfordsville, Iowa; to acquire up to a Major Disaster Declaration City (John E. Yorke, Senior Vice 100 percent of the voting shares of President) 925 Grand Avenue, Kansas Hiawatha Bank and Trust Company, AGENCY: Federal Emergency Management Agency (FEMA). City, Missouri 64198-0001: Hiawatha, Iowa. 1. Thomas Rily Ford, Paul Emil B. Federal Reserve Bank of San ACTION: Notice. Nelson, and Henry Thomas Southway, Francisco (Kenneth R. Binning, all of Alamosa, Colorado; to each Director, Bank Holding Company) 101 SUMMARY: This notice amends the notice of a major disaster for the State of acquire an additional 3.0 percent, for a Market Street, San Francisco, California Washington, (FEMA–1159–DR), dated total of 26.6 percent each, of the voting 94105-1579: 1. Tehama Bancorp, Red Bluff, January 17, 1997, and related shares of Alamosa Bancorporation Ltd., California; to become a bank holding determinations. Alamosa, Colorado, and thereby indirectly acquire Alamosa National company by acquiring 100 percent of EFFECTIVE DATE: April 2, 1997. Bank, Alamosa, Colorado. the voting shares of Tehema Bank, Red FOR FURTHER INFORMATION CONTACT: Board of Governors of the Federal Reserve Bluff, California. Magda Ruiz, Response and Recovery System, April 11, 1997. Board of Governors of the Federal Reserve Directorate, Federal Emergency Jennifer J. Johnson, System, April 11, 1997. Management Agency, Washington, DC Deputy Secretary of the Board. Jennifer J. Johnson, 20472, (202) 646–3260. [FR Doc. 97–9890 Filed 4–16–97; 8:45 am] Deputy Secretary of the Board. SUPPLEMENTARY INFORMATION: The notice BILLING CODE 6210±01±F [FR Doc. 97–9891 Filed 4–16–97; 8:45 am] of a major disaster for the State of BILLING CODE 6210±01±F Washington, is hereby amended to include the following areas among those FEDERAL RESERVE SYSTEM areas determined to have been adversely DEPARTMENT OF HEALTH AND affected by the catastrophe declared a Formations of, Acquisitions by, and HUMAN SERVICES major disaster by the President in his Mergers of Bank Holding Companies declaration of January 17, 1997: The companies listed in this notice Office of the Secretary The counties of Adams, Benton, Chelan, have applied to the Board for approval, Agency Information Collection Columbia, Cowlitz, Douglas, Ferry, Franklin, pursuant to the Bank Holding Company Garfield, Grant, Klickitat, Lewis, Lincoln, Activities; Proposed Collections; Act of 1956 (12 U.S.C. 1841 et seq.) Okanogan, Pacific, San Juan, Stevens, Walla Comment Request Walla, and Whitman for Individual (BHC Act), Regulation Y (12 CFR Part Assistance (already designated for Public 225), and all other applicable statutes The Department of Health and Human Assistance and Hazard Mitigation). and regulations to become a bank Services, Office of the Secretary will (Catalog of Federal Domestic Assistance No. holding company and/or to acquire the periodically publish summaries of 83.516, Disaster Assistance) assets or the ownership of, control of, or proposed information collections Lacy E. Suiter, the power to vote shares of a bank or projects and solicit public comments in Executive Associate Director, Response and bank holding company and all of the compliance with the requirements of Recovery Directorate. banks and nonbanking companies Section 3506(c)(2)(A) of the Paperwork [FR Doc. 97–9934 Filed 4–16–97; 8:45 am] owned by the bank holding company, Reduction Act of 1995. To request more including the companies listed below. information on the project or to obtain BILLING CODE 6718±02±P The applications listed below, as well a copy of the information collection as other related filings required by the plans and instruments, call the OS Board, are available for immediate Reports Clearance Officer on (202) 690– FEDERAL RESERVE SYSTEM inspection at the Federal Reserve Bank 6207. Change in Bank Control Notices; indicated. Once the application has Comments are invited on: (a) Whether Acquisitions of Shares of Banks or been accepted for processing, it will also the proposed collection of information Bank Holding Companies be available for inspection at the offices is necessary for the proper performance of the Board of Governors. Interested of the functions of the agency, including The notificants listed below have persons may express their views in whether the information shall have applied under the Change in Bank writing on the standards enumerated in practical utility; (b) the accuracy of the Control Act (12 U.S.C. 1817(j)) and § the BHC Act (12 U.S.C. 1842(c)). If the agency’s estimate of the burden of the 18774 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices proposed collection of information; (c) SUMMARY: The Food and Drug agency is also setting out its thoughts on ways to enhance the quality, utility and Administration (FDA) is providing draft these concerns. The agency would clarity of the information to be guidance to the marketers of food plans welcome comments on these collected; and (d) ways to minimize the that are represented as a total diet and preliminary views from interested burden of the collection of information that have been formulated so that the persons. The major concerns that FDA on respondents, including through the dietary intake of various nutrients by has at least preliminarily identified use of automated collection techniques those who participate in the plan is follow. or other forms of information controlled. The agency hopes that this A. Health Claims technology. guidance, if finalized, will help to Proposed Projects: Comparative minimize any problems that may Under section 403(r)(1)(B) of the act Analysis of Caregiving Patterns for develop should firms proceed to market (21 U.S.C. 343(r)(1)(B)) and 21 CFR Disabled Elders with Long-Term with these plans. 101.14(a)(1), a health claim is: Insurance—New—The Assistant DATES: Written comments by July 1, ** * any claim made on the label or in Secretary for Planning and Evaluation 1997. labeling of a food, including a dietary (ASPE) is participating in a survey supplement, that expressly or by implication, ADDRESSES: Submit written comments including ‘‘third party’’ references, written which will compare the usage of formal to the Dockets Management Branch statements (e.g., a brand name including a and informal caregiving services (HFA–305), Food and Drug term such as ‘‘heart’’), symbols (e.g., a heart between the disabled elderly with long- Administration, 12420 Parklawn Dr., symbol), or vignettes, characterizes the term care insurance policies and the rm. 1–23, Rockville, MD 20857. relationship of any substance to a disease or disabled elderly in the general FOR FURTHER INFORMATION CONTACT: health-related condition. Implied health population. Respondents: Individuals or Christine J. Lewis, Center for Food claims include those statements, symbols, households—Burden Information for the Safety and Applied Nutrition (HFS– vignettes, or other forms of communication that suggest, within the context in which Home Care Instrument—Number of 451), Food and Drug Administration, respondents: 700; Average time per they are presented, that a relationship exists 200 C St. SW., Washington, DC 20204, between the presence or level of a substance response: 1.5 hours; Burden for Home 202–205–4168. in the food and a disease or health-related Care Instrument: 1,050 hours—Burden SUPPLEMENTARY INFORMATION: FDA is condition. Information for the Nursing Home aware that there is interest in the food Thus, for a claim to be a health claim, Instrument—Number of respondents: industry in offering a food plan in one of the essential elements is that it 350; Average time per response: 1.5 which most of the food in the diet is be, expressly or by implication, about a hours; Burden for Nursing Home purchased through the plan. The foods particular substance and not about the Instrument: 525 hours—Burden sold in these plans would be formulated total diet. The agency points out that, in Information for the Informal Caregiver so that the total diet of those who adopting the health claim final rule, it Telephone Survey: Number of comply with the plan provides said that: respondents: 700; Average time per controlled levels of such nutrients as fat, ** * phrases on labeling such as ‘‘eat a lllll response: 20 minutes; Burden for saturated fat, cholesterol, and sodium. variety of foods to ,’’ ‘‘eat a variety Informal Caregiver Telephone Survey: of fresh fruits and vegetables to lllll,’’ FDA applauds innovative efforts to lllll 233 hours—Burden Information for the help consumers maintain healthy or ‘‘follow the food pyramid to ,’’ Policy Holder Screening Instrument— without any reference, either express or dietary practices. The agency notes that implied, to a substance that might be in the Number of respondents: 1500; Average one of the main purposes of the time per response: 7 minutes; Burden foods, would not satisfy this element. The Nutrition Labeling and Education Act latter types of claims would not be subject to for Policy Holder Screening Instrument: (the 1990 amendments) was to regulation as health claims. 175 hours—Total Burden: 1983. hours. encourage such practices, and, thus, (58 FR 2478 at 2480, January 6, 1993). Send comments to Cynthia Agens such plans can be seen, at least The agency thus recognizes that claims Bauer, OS Reports Clearance Officer, conceptually, as consistent with that about the effects of a diet plan, Room 503H, Humphrey Building, 200 statute. The agency also recognizes that depending on how the claim is made, Independence Avenue SW., diets can be structured to be useful in would arguably not be subject to Washington, DC 20201. Written the management of certain chronic regulation as a health claim. comments should be received within 60 conditions. The agency has no desire to FDA advises that it will carefully days of this notice. do anything that would discourage scrutinize any claims that are made for Dennis P. Williams, efforts to achieve these innovative goals. a diet plan to determine whether they Deputy Assistant Secretary, Budget. While these plans have the potential are health claims. For example, a claim to be useful, they also have the potential [FR Doc. 97–9883 Filed 4–16–97; 8:45 am] that the diet has been designed to to create a number of significant provide high levels of vitamin A to BILLING CODE 4150±04±M concerns under the Federal Food, Drug, reduce the risk of cancer would be a and Cosmetic Act (the act). The health claim because the statement links DEPARTMENT OF HEALTH AND purveyors of such programs will need to the two basic components of a health HUMAN SERVICES take care to ensure that, in presenting claim, a food substance and a disease or these programs to the American health-related condition. Any claims Food and Drug Administration consumer, they do not run afoul of any that are made that are health claims of the provisions of the act. Given this must be made in accordance with FDA’s [Docket No. 97D±0086] need for care, FDA has concluded that authorizing regulations, or they will Food Labeling: Draft Guidance on Diet it would be useful to companies that misbrand the products under section Plans either have decided, or who may decide, 403(r)(1)(B) of the act. to offer such programs, and that it B. Nutrient Content Claims AGENCY: Food and Drug Administration, would help to prevent regulatory HHS. problems, if the agency outlined the A claim that expressly or by statutory concerns that it can foresee implication characterizes the level of a ACTION: Notice. could be created by these programs. The nutrient in a food is a nutrient content Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18775 claim (21 CFR 101.13(b)). Such claims particular diet plan, that the results of Comments are to be identified with the must be made in accordance with FDA’s the study or studies fully support the docket number found in brackets in the regulations defining the claim (section claims that are made, and that the heading of this document. Received 403(r)(1)(A) of the act). FDA cautions results of the studies will be shared with comments may be seen in the office that care must be taken in how claims FDA. above between 9 a.m. and 4 p.m., are made about diet plans to ensure that E. Drug Claims Monday through Friday. the foods in the plan are not represented Dated: April 8, 1997. as having lower, or higher, nutrient FDA is concerned that claims made William K. Hubbard, levels than they actually contain. For about a diet plan could evidence an example, a claim that a plan has been intent that the plan is to be used as a Associate Commissioner for Policy Coordination. formulated to provide low fat foods, as drug. Under section 201(g)(1)(B) of the compared to a claim that the plan has act (21 U.S.C. 321(g)(1)(B)), articles [FR Doc. 97–9876 Filed 4–16–97; 8:45 am] been formulated to provide a diet that intended for use in the diagnosis, cure, BILLING CODE 4160±01±F is low in fat, would imply that the foods mitigation, treatment, or prevention of in the plan are low fat. Thus, every food disease in humans or other animals are DEPARTMENT OF HEALTH AND in the plan would have to meet the deemed to be drugs. Thus, for example, HUMAN SERVICES definition for ‘‘low fat’’ in 21 CFR a claim that a diet plan is a ‘‘therapeutic 101.62(b)(2) to avoid being misbranded. diet’’ could subject the plan to Food and Drug Administration regulation under the provisions of the C. Foods for Special Dietary Use act that apply to drugs and, in [Docket No. 96E±0152] Foods that purport or are represented particular, new drugs. FDA therefore as to be used to supply a special dietary cautions that manufacturers who decide Determination of Regulatory Review need that exists by reason of a physical, to market diet plans with claims that Period for Purposes of Patent physiological, pathological, or other subject the plans to regulation as drugs Extension; OXILANTM condition are foods for special dietary must be prepared to satisfy the AGENCY: Food and Drug Administration, use under section 411(c)(3)(A) of the act applicable statutory requirements. HHS. (21 U.S.C. 350(c)(3)(A)). There is a ACTION: substantial possibility that a diet plan F. Meat and Poultry Products Notice. may be represented in a way that FDA advises that diet plans that SUMMARY: The Food and Drug subjects the foods in the plan to include meat or poultry products are Administration (FDA) has determined regulation as foods for special dietary also subject to regulation by the Food the regulatory review period for use. For example, a claim that the diet Safety and Inspection Service of the OXILANTM and is publishing this notice plan provides a modified diet, U.S. Department of Agriculture, under of that determination as required by formulated for those who must restrict the Meat Inspection Act and the Poultry law. FDA has made the determination their sodium intake, would present the Products Inspection Act. because of the submission of an foods in the plan as foods for special G. Conclusion application to the Commissioner of dietary use. Under section 403(j) of the Patents and Trademarks, Department of In conclusion, FDA advises that this act, FDA has authority to require, on the Commerce, for the extension of a patent document’s discussion of the regulatory label of such foods, information which claims that human drug product. concerning their dietary properties that requirements that apply to diet plans is ADDRESSES: Written comments and it finds necessary to fully inform not intended to discourage such plans. petitions should be directed to the purchasers about their value for special It is intended to ensure that Dockets Management Branch (HFA– dietary use. manufacturers who decide to go forward FDA advises that, if these diet plans with such plans do so with an 305), Food and Drug Administration, appear on the market, FDA will understanding of the act and FDA’s 12420 Parklawn Dr., rm. 1–23, carefully scrutinize the labeling and regulations. The agency hopes that, by Rockville, MD 20857. advertising for such plans to see laying out its concerns and FOR FURTHER INFORMATION CONTACT: whether it is necessary for the agency to expectations, it will help to minimize Brian J. Malkin, Office of Health Affairs invoke its authority under section 403(j) the problems that will develop should (HFY–20), Food and Drug of the act. firms proceed to market with these Administration, 5600 Fishers Lane, plans and thus to maximize the Rockville, MD 20857, 301–443–1382. D. False or Misleading Claims likelihood that consumers will fully SUPPLEMENTARY INFORMATION: The Drug Under section 403(a)(1) of the act, appreciate the benefits that they offer. Price Competition and Patent Term food is deemed to be misbranded if its This draft guidance represents the Restoration Act of 1984 (Pub. L. 98–417) labeling is false or misleading in any agency’s current thinking on food plans and the Generic Animal Drug and Patent particular. FDA would expect that any that are marketed as a total diet. It does Term Restoration Act (Pub. L. 100–670) firm that markets a diet plan will have not create or confer any rights for or on generally provide that a patent may be evidence about the effects of following any person and does not operate to bind extended for a period of up to 5 years the plan, and that that evidence would FDA or the public. An alternative so long as the patented item (human establish that any claims that are made approach may be used if such approach drug product, animal drug product, about that plan and the food that makes satisfies the requirements of the medical device, food additive, or color up the plan are truthful and not applicable statute, regulations, or both. additive) was subject to regulatory misleading. FDA also would expect that Interested persons may, on or before review by FDA before the item was the firm will share that evidence with July 1, 1997 submit to the Dockets marketed. Under these acts, a product’s FDA. For example, if there is a claim Management Branch (address above) regulatory review period forms the basis that a plan has been clinically proven to written comments on this draft for determining the amount of extension have a certain effect, FDA will expect guidance. Two copies of any comments an applicant may receive. that at least one properly designed are to be submitted, except that A regulatory review period consists of clinical study has been done with the individuals may submit one copy. two periods of time: A testing phase and 18776 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices an approval phase. For human drug human drug product under section DEPARTMENT OF HEALTH AND products, the testing phase begins when 505(b) of the Federal Food, Drug, and HUMAN SERVICES the exemption to permit the clinical Cosmetic Act: December 4, 1992. FDA investigations of the drug becomes has verified the applicant’s claim that Health Care Financing Administration effective and runs until the approval the new drug application (NDA) for [ORD±098±N] phase begins. The approval phase starts OXILANTM (NDA 20–316) was initially with the initial submission of an submitted on December 4, 1992. New and Pending Demonstration application to market the human drug Project Proposals Submitted Pursuant 3. The date the application was product and continues until FDA grants to Section 1115(a) of the Social approved: December 21, 1995. FDA has permission to market the drug product. Security Act: February 1997 Although only a portion of a regulatory verified the applicant’s claim that NDA review period may count toward the 20–316 was approved on December 21, AGENCY: Health Care Financing actual amount of extension that the 1995. Administration (HCFA), HHS. Commissioner of Patents and This determination of the regulatory ACTION: Notice. Trademarks may award (for example, review period establishes the maximum half the testing phase must be SUMMARY: No new proposals for potential length of a patent extension. Medicaid demonstration projects were subtracted as well as any time that may However, the U.S. Patent and have occurred before the patent was submitted to the Department of Health Trademark Office applies several and Human Services during the month issued), FDA’s determination of the statutory limitations in its calculations length of a regulatory review period for of February 1997 under the authority of of the actual period for patent extension. a human drug product will include all section 1115 of the Social Security Act. In its application for patent extension, of the testing phase and approval phase There were no proposals approved, as specified in 35 U.S.C. 156(g)(1)(B). this applicant seeks 737 days of patent disapproved, or withdrawn during that FDA recently approved for marketing term extension. time period. (This notice can be the human drug product OXILANTM Anyone with knowledge that any of accessed on the Internet at HTTP:// (loxilan). OXILANTM is indicated for the dates as published is incorrect may, WWW.HCFA.GOV/ORD/ cerebral arteriography, coronary on or before June 16, 1997, submit to the ORDHP1.HTML.) arteriography and left ventriculography, Dockets Management Branch (address COMMENTS: We will accept written visceral angiography, aortography, and above) written comments and ask for a comments on these proposals. We will, peripheral arteriography. Subsequent to redetermination. Furthermore, any if feasible, acknowledge receipt of all this approval, the Patent and Trademark interested person may petition FDA, on comments, but we will not provide Office received a patent term restoration or before October 14, 1997, for a written responses to comments. We TM application for OXILAN (U.S. Patent determination regarding whether the will, however, neither approve nor No. 4,954,348) from Cook Imaging applicant for extension acted with due disapprove any new proposal for at least Corp., and the Patent and Trademark 30 days after the date of this notice to diligence during the regulatory review Office requested FDA’s assistance in allow time to receive and consider period. To meet its burden, the petition determining this patent’s eligibility for comments. Direct comments as must contain sufficient facts to merit an patent term restoration. In a letter dated indicated below. FDA investigation. (See H. Rept. 857, May 28, 1996, FDA advised the Patent ADDRESSES: Mail correspondence to: part 1, 98th Cong., 2d sess., pp. 41–42, and Trademark Office that this human Susan Anderson, office of Research and 1984.) Petitions should be in the format drug product had undergone a Demonstrations, ealth Care Financing specified in 21 CFR 10.30. regulatory review period and that the Administration, Mail Stop C3–11–07, TM approval of OXILAN represented the Comments and petitions should be 7500 Security Boulevard, Baltimore, MD first permitted commercial marketing or submitted to the Dockets Management 21244–1850. use of the product. Shortly thereafter, Branch (address above) in three copies FOR FURTHER INFORMATION CONTACT: the Patent and Trademark Office (except that individuals may submit Susan Anderson (410) 786–3996. requested that FDA determine the single copies) and identified with the product’s regulatory review period. docket number found in brackets in the SUPPLEMENTARY INFORMATION: FDA has determined that the I. Background applicable regulatory review period for heading of this document. Comments OXILANTM is 2,757 days. Of this time, and petitions may be seen in the Under section 1115 of the Social 1,644 days occurred during the testing Dockets Management Branch between 9 Security Act (the Act), the Department phase of the regulatory review period, a.m. and 4 p.m., Monday through of Health and Human Services (HHS) while 1,113 days occurred during the Friday. may consider and approve research and approval phase. These periods of time Dated: April 4, 1997. demonstration proposals with a broad were derived from the following dates: Allen B. Duncan, range of policy objectives. These 1. The date an exemption under demonstrations can lead to section 505(i) of the Federal Food, Drug, Acting Associate Commissioner for Health improvements in achieving the Affairs. and Cosmetic Act (21 U.S.C. 355(i)) purposes of the Act. became effective: June 5, 1988. The [FR Doc. 97–9917 Filed 4–16–97; 8:45 am] In exercising her discretionary applicant claims April 29, 1988, as the BILLING CODE 4160±01±F authority, the Secretary has developed a date the investigational new drug number of policies and procedures for application (IND) became effective. reviewing proposals. On September 27, However, FDA records indicate that the 1994, we published a notice in the IND effective date was June 5, 1988, Federal Register (59 FR 49249) that which was 30 days after FDA receipt of specified (1) the principles that we the IND. ordinarily will consider when 2. The date the application was approving or disapproving initially submitted with respect to the demonstration projects under the Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18777 authority in section 1115(a) of the Act; Dated: March 21, 1997. DEPARTMENT OF HOUSING AND (2) the procedures we expect States to Barbara Cooper, URBAN DEVELOPMENT use in involving the public in the Acting Director, Office of Research and [Docket No. FR±4207±C±02] development of proposed demonstration Demonstrations. projects under section 1115; and (3) the [FR Doc. 97–9918 Filed 4–16–97; 8:45 am] NOFA for Rental Assistance for procedures we ordinarily will follow in BILLING CODE 4120±01±P Persons With Disabilities in Support of reviewing demonstration proposals. We Designated Housing Allocation Plans are committed to a thorough and and Establishment of Preferences for expeditious review of State requests to DEPARTMENT OF HEALTH AND Certain Section 8 Developments; conduct such demonstrations. HUMAN SERVICES Correction As part of our procedures, we publish AGENCY: a notice in the Federal Register with a Health Resources and Services Office of the Assistant Secretary for Public and Indian monthly listing of all new submissions, Administration pending proposals, approvals, Housing, HUD. disapprovals, and withdrawn proposals. Advisory Council; Notice of Meeting ACTION: Notice of funding availability Proposals submitted in response to a (NOFA); correction. grant solicitation or other competitive In accordance with section 10(a)(2) of SUMMARY: On April 10, 1997, at 62 FR process are reported as received during the Federal Advisory Committee Act the month that grant or bid is awarded, 17672, the Department published a (Public Law 92–463), announcement is Notice of Funding Availability (NOFA) so as to prevent interference with the made of the following National awards process. part of which concerned Rental Advisory body scheduled to meet Assistance for Persons With Disabilities II. Listing of New, Pending, Approved, during the month of June 1997: in Support of Preferences for Certain Disapproved, and Withdrawn Name: Maternal and Child Health Research Section 8 Developments. The limit on Proposals for the Month of February Grants Review Committee rental assistance requested, as contained 1997 Date and Time: June 18–20, 1997, 9:00 a.m. in that NOFA, inadvertently omitted the A. Comprehensive Health Reform Place: Conference Room ‘‘J’’, Parklawn maximum number of units for which an Programs Building, 5600 Fishers Lane, 3rd Floor, HA could apply. The following Rockville, Maryland 20857. Open on correction adds a 200 unit limitation. 1. New, Pending, Approved, Wednesday, June 18, 1997, 9:00 a.m.–10:00 In the notice document 97–9334, Disapproved, and Withdrawn Proposals a.m. Closed for remainder of meeting. beginning on page 17672 in the issue of We did not receive any new proposals Agenda: The open portion of the meeting Thursday, April 10, 1997, make the or approve or disapprove any proposals will cover opening remarks by the Director, following correction: during the month of February nor were Division of Science, Education and Analysis, On page 17674 in the second and any proposals withdrawn during that Maternal and Child Health Bureau, who will third columns the paragraph headed month. Therefore, pending proposals for report on program issues, congressional ‘‘(3) Limit on Rental Assistance the month of January 1997 published in activities and other topics of interest to the Requested’’ should be changed to read: (3) Limit on Rental Assistance the Federal Register of March 31, 1997, field of maternal and child health. The Requested. An HA may apply only for 62 FR 15187, remain unchanged. meeting will be closed to the public on June 18 at 10:00 a.m. for the remainder of the the number of units needed to house B. Other Section 1115 Demonstration meeting for the review of grant applications. those non-elderly disabled families who Proposals The closing is in accordance with the are on the waiting list of an owner of a provisions set forth in section 552b(c)(6), Section 8 project-based development, 1. New, Pending, Approved, Title 5 U.S.C., and the Determination by the identified in paragraph B.(1) above Disapproved, and Withdrawn Proposals Director, Office of Policy and Information where the owner elected to provide We did not receive any new proposals Coordination, Health Resources and Services preferences to elderly families and to or approve or disapprove any Other Administration, pursuant to Public Law 92– house other non-elderly disabled Section 1115 Demonstration Proposals 463. families residing in the community who during the month of February nor were Anyone requiring information regarding would qualify for one- or zero-bedroom any proposals withdrawn during that the subject Council should contact Gontran units, but for not more than 200 units. Lamberty, Dr.P.H., Executive Secretary, month. Dated: April 11, 1997. Pending proposals for the month of Maternal and Child Health Research Grants Camille E. Acevedo, January 1997 found in the Federal Review Committee, Room 18A–55, Parklawn Register of March 31, 1997, 62 FR 15187 Building, 5600 Fishers Lane, Rockville, Assistant General Counsel for Regulations. remain unchanged, except for the Maryland 20857, Telephone (301)443–2190. [FR Doc. 97–9873 Filed 4–16–97; 8:45 am] addition of the Minnesota Long Term Agenda Items are subject to change as BILLING CODE 4210±33±P Care Facility Waiver (a new proposal priorities dictate. that was received in January). Dated: April 11, 1997. DEPARTMENT OF THE INTERIOR III. Requests for Copies of a Proposal J. Henry Montes, Director, Office of Policy and Information Requests for copies of a specific Fish and Wildlife Service Coordination. Medicaid proposal should be made to [FR Doc. 97–9875 Filed 4–16–97; 8:45 am] Conference of the Parties to the the State contact listed for the specific Convention on International Trade in proposal. If further help or information BILLING CODE 4160±15 P Endangered Species of Wild Fauna is needed, inquiries should be directed and FloraÐTenth Regular Meeting; to HCFA at the address above. Public Meeting (Catalog of Federal Domestic Assistance Program, No. 93.779; Health Financing AGENCY: Fish and Wildlife Service, Research, Demonstrations, and Experiments.) Interior. 18778 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

ACTION: Notice of information, Notice of of interest to the public in relation to by other CITES Parties, and agenda meeting. CITES COP10. items leading up to COP10.

SUMMARY: This notice sets forth Electronic Access Proposed Negotiating Positions summaries of the proposed United Comments may also be sent via E-mail In this notice, the Service summarizes States negotiating positions on agenda to: [email protected]. the proposed U.S. positions on agenda items and resolutions for the tenth items and resolutions for COP10 (other regular meeting of the Conference of the Background than proposals to amend the Parties (COP10) to the Convention on The Convention on International Appendices, which are presented in this International Trade in Endangered Trade in Endangered Species of Wild edition of the Federal Register as a Species of Wild Fauna and Flora Fauna and Flora, hereinafter referred to separate notice) which have been (CITES). Comments or other relevant as CITES or the Convention, is an submitted by other countries and the information have been solicited and a international treaty designed to monitor CITES Secretariat. A separate Federal public meeting was held (October 3, and regulate international trade in Register notice will be published 1996) regarding the submission of certain animal and plant species which shortly announcing proposed U.S. resolutions and species proposals for are or may become threatened with positions on species listing proposals COP10 by the United States. This notice extinction, and are listed in Appendices submitted by other countries. A Federal announces the proposed United States to the treaty. Currently 135 countries, Register notice was published on March negotiating positions on all agenda including the United States, are CITES 27, 1997 (62 FR 14689) outlining items and resolutions submitted by Parties. CITES calls for biennial rationales for resolutions and discussion other countries, and solicits comments meetings of the Conference of the documents submitted by the United or other relevant information from the Parties which review its States. Those issues will not be public regarding these proposed implementation, make provisions discussed here. Interested members of positions. This notice also announces a enabling the CITES Secretariat (in the public should refer to those notices public meeting to be held April 25, Switzerland) to carry out its functions, for discussion of relevant issues. 1997, from 10:00 am–1:00 pm to receive consider amending the lists of species in Numerals next to each agenda item or public comments on these issues, as Appendices I and II, consider reports resolution correspond to the numbers well as on issues pertaining to species presented by the Secretariat, and make used in the provisional agenda [COP10 proposals submitted by other countries. recommendations for the improved Doc. 10.1 (Rev.)] received from the DATES: Information and comments effectiveness of the Convention. The CITES Secretariat. However, documents received through May 9, 1997 will be tenth regular meeting of the Conferences for a number of the agenda items and considered in formulating the final U.S. of the Parties to CITES (COP10) will be resolutions have not yet been received negotiating positions. held in Harare, Zimbabwe, June 9–20, from the Secretariat: they will be 1997. available on request from the Office of ADDRESSES: Comments should be sent to Management Authority after they have the Acting Director, U.S. Fish and A series of Federal Register notices, a public meeting already held, and the been received from the Secretariat. Wildlife Service, c/o Kenneth Stansell, Some documents may not be received Chief, Office of Management Authority, public meeting scheduled April 25, 1997 provide the public with an until the meeting of the COP itself. A 4401 N. Fairfax Drive, Room 430, list of documents received by the Arlington, VA 22203. opportunity to participate in the development of U.S. positions for Service to date is available on request FOR FURTHER INFORMATION CONTACT: COP10. A Federal Register notice from the Service’s Office of Management Kenneth Stansell or Dr. Susan S. concerning possible U.S. submissions of Authority (see ADDRESSES, above). Lieberman, Office of Management species amendments and resolutions for In the discussion that follows, the Authority, U.S. Fish and Wildlife consideration at COP10 (with a request description of each proposed resolution Service: telephone 703/358–2093; fax for public comments) was published on is followed by a brief rationale 703/358–2280; E-mail: explaining the basis of the U.S. position. l March 1, 1996 (61 FR 8019). A Federal r9oma [email protected]. Register notice announcing a public The Service will endeavor to publish a Federal Register notice in early June SUPPLEMENTARY INFORMATION: meeting to discuss an international study of the effectiveness of CITES was 1997 that details final negotiating Public Meeting published on June 14, 1996 (61 FR positions on all issues (resolutions, The public meeting will be held on 30255). A Federal Register notice species amendments, and other agenda Friday, April 25, 1997, from 10:00 am– requesting information on the Service’s items) pertaining to COP10, with the 1:00 pm. The meeting will be held at the consideration of amendments to the understanding that new information Department of the Interior: Room 7000, Appendices was published on August that becomes available during 18th and C Street, NW, Washington, DC. 28, 1996 (61 FR 44324). A Federal discussions at COP10 can often lead to Please note that the room is accessible Register notice concerning the modifications of these positions. The to the handicapped. Persons planning to provisional agenda of COP10 as well as U.S. delegation will fully disclose any attend the meeting who require proposed resolutions and agenda items and all position changes and the interpretation for the hearing impaired being considered was also published on rationale(s) explaining them through should notify the Office of Management August 28, 1996 (61 FR 44332). A public daily public briefings at COP10. Authority as soon as possible. This meeting held October 3, 1996 solicited Agenda (Provisional) [Doc. 10.1 (Rev.)] meeting will provide the public an comments on proposed U.S. opportunity to comment on U.S. submissions of species amendments, I. Opening Ceremony by the Authorities positions leading up to COP10. The resolutions, and agenda items for of Zimbabwe Service will discuss U.S. positions on consideration at COP10. A public No document will be prepared by the the Agenda for COP10, as well as meeting will be held on April 25, 1997 Secretariat on this item. It is traditional resolutions and species listing proposals to discuss U.S. positions on species that the host country conduct an by other countries, and any other item amendments and resolutions submitted opening ceremony at a CITES COP. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18779

II. Welcoming Addresses representing the geographic diversity of United States supports adoption of the CITES. report of the Credentials Committee if it No document will be prepared by the The Chair of the CITES Standing does not recommend the exclusion of Secretariat on this item. It is traditional Committee (Japan) will serve as legitimate representatives of countries that the host country make welcoming temporary Chair of the COP until a that are Parties to CITES. The United remarks at the opening of a CITES COP. permanent Conference Chair is elected. States will encourage timely production III. Adoption of the Rules of Procedure It is traditional for the host country to of Credentials Committee reports at the (this item consists of two subitems) provide the Conference Chair. The COP. Conference Chair will serve as Presiding Adoption of the report is generally a 1. Voting before credentials have been Officer of the Conference and also of the accepted [Doc. 10.4] pro forma exercise. Representatives Conference Bureau, the executive body whose credentials are not in order No document has yet been received which manages the business of the should be afforded observer status as from the Secretariat on this issue. The Conference: other members of the provided for under Article XI of the United States believes that delegations Conference Bureau include the Convention. If there is evidence that to international treaty conferences Committee Chairs (discussed below), credentials are forthcoming but have should be able to obtain credentials the members of the Standing been delayed, representatives can be from their government prior to attending Committee, and the Secretary General. allowed to vote on a provisional basis. the meeting, and as such should not be The major technical work of the A liberal interpretation of the Rules of entitled to vote until their credentials CITES is done in the two Procedure on credentials should be are approved. However, some flexibility contemporaneous Committees, and thus adhered to in order to permit clearly is acceptable in certain circumstances. Committee Chairs must have great legitimate representatives to participate. The United States does not believe that technical knowledge and skill. In Exclusion of Party representatives delegates whose credentials are pending addition, CITES benefits from active whose credentials are not in order could should be denied access to meetings or participation and leadership of undermine essential cooperation among the ability to speak, but decisions on representatives of every region of the Parties. Greater vigilance is necessary such issues should go through the world. The United States will support however in cases of close votes, or Credentials Committee at the COP. the election of Committee Chairs and a decisions to be made by secret ballot. Vice-Chair of the Conference having 2. Adoption of the Rules of Procedure requisite technical knowledge and skills VIII. Admission of Observers [Doc. 10.5] [Doc. 10.3] and also reflecting the geographic and Support admission to the meeting of cultural diversity of CITES Parties. A provisional version of the Rules of all technically qualified non- Procedure, which describe the manner V. Adoption of the Agenda and Working governmental organizations and oppose in which a COP is conducted, are Programme [Doc. 10.1 (Rev.); Doc. 10.2; unreasonable limitations on their full distributed prior to all CITES COPs by Doc. 10.2.1; Doc. 10.2.2] participation at COP10. the Secretariat. The United States Provisional versions of the Agenda Non-governmental organizations proposes to support the provisional and the Working Programme for COP10 representing a broad range of version of the Rules of Procedure as have been received from the Secretariat. viewpoints and perspectives play a vital received from the Secretariat. The The United States supports the and important role in CITES activities United States is not aware of any provisional version of both documents and have much to offer to the debates changes from previously adopted Rules as received from the Secretariat, but and negotiations at a COP. Their of Procedure that will be proposed. The continues to review whether some participation is specifically provided by United States notes that the Rules of issues currently allocated to Committee Article XI of the Convention. The Procedure were modified at COP9 to I (scientific issues) should be moved to United States supports the opportunity allow for a simplified procedure for Committee II (management and other for all technically qualified observers to approving secret ballots. The United technical issues), due to subject matter, fully participate at COPs, as is standard States notes that the changes were workload and time. CITES practice. The United States also handled smoothly, and does not believe supports flexibility and openness in that this provision should be altered. VI. Establishment of the Credentials approval of documents produced by However, at COP9 many country Committee non-governmental organizations, and delegates had problems with the No document will be prepared by the the dissemination of these documents to procedure by which the Secretariat CITES Secretariat on this agenda item. delegates; such information sharing is issued secret ballots. The United States The United States will support the vital to decision-making and scientific will work through the Bureau at the establishment of the Credentials and technical understanding at a CITES COP to simplify this process (which Committee. meeting. would not involve any modification of The establishment of the Credentials the Rules of Procedure), in order to be Committee is a pro forma matter. The IX. Matters Related to the Standing prepared for any secret ballot vote(s). Credentials Committee approves the Committee (This Item Consists of Three Subitems) IV. Election of Chairman and Vice- credentials of delegates to the COP by Chairman of the Meeting and of confirming that they are official 1. Report of the Chairman [Doc. 10.6] Chairman of Committees I and II and of representatives of their governments, No document has yet been received. the Budget Committee thereby affording them the right to vote in Committee and Plenary sessions. The The United States fully supports the No document will be prepared for this United States was a member of the presentation of a report by the Chairman item by the Secretariat. The United Credentials Committee at COP9. of the Standing Committee (Japan) States will support the election of a regarding the execution of the Conference Chair from Zimbabwe, and a VII. Report of the Credentials Committee Committee’s responsibilities and its highly qualified Vice-Chair of the No document will be prepared by the activities that accurately reflects the Conference and Committee Chairs Secretariat on this agenda item. The discussions and decisions of the 18780 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Committee. A position on that report is at COP9 was a beginning, but was in 1. Financial Report for 1994, 1995 and pending receipt of the document. need of much improvement. In order to 1996 [Doc. 10.11] improve the effectiveness of strategic 2. Regional Representation [Doc. 10.7] No document has yet been received. planning for CITES, the United States Issues associated with the financial No document has yet been received. supports the recommendation of the At COP9 membership in the Standing report of the Secretariat will be fully ‘‘Study of the Effectiveness of the discussed at COP10 and the United Committee was increased for those Convention’’ (see item , XIII.1., below) CITES regions with a large number of States will closely scrutinize and that the Secretariat should develop a analyze the relevant documents. Parties. Current membership on the strategic plan to guide its work. As Standing Committee is as follows: Chair stated in the Study of the Effectiveness 2. Anticipated Expenditures for 1997 (Japan), two representatives for Asia of the Convention, produced by [Doc. 10.12] (Japan and Thailand), three Environmental Resources Management representatives for Africa (Namibia, No document has yet been received. (ERM), the ‘‘...plan should include Issues associated with anticipated 1997 Senegal, and Sudan), two programme and policy requirements representatives for Europe (Russian expenditures of the Secretariat will be with a priority set of actions to be fully discussed at COP10 and the United Federation and United Kingdom), one undertaken by the Parties, Standing representative for North America States will closely scrutinize and Committee and Secretariat.’’ The United analyze the relevant documents. (Mexico), one representative for Oceania States believes that a strategic plan must (Papua New Guinea), two be developed in consultation with the 3. Budget for 1998–2000 and Medium- representatives for Central, South Standing Committee and the Parties, term Plan for 1998–2002 [Doc. 10.13] America, and the Caribbean (Argentina and as such anything submitted by the and Trinidad and Tobago), Depositary No document has yet been received. Secretariat for consideration at COP10 The United States will closely scrutinize Government (Switzerland), Previous will need close scrutiny by the Parties. Host Country (United States), and Next and analyze the document(s) when The United States has no objection in received. The United States believes Host Country (Zimbabwe). principle to the Secretariat seeking or There have been further discussions that it is important to coordinate Budget contracting with outside organizations in the Standing Committee since COP9 Committee discussions with discussions or persons for assistance in drafting this on the division of responsibilities in Committees I and II that may have plan, but any action by the Secretariat, among regional representatives. budgetary implications. For example, including candidates and the final Discussions focused on the question of when a resolution with budgetary selection should be openly and which subregions and topical areas each implications is approved by Committee completely discussed in the Standing Regional representative would speak on I or II (and then sent to Plenary for and officially represent. The issue of Committee, and final approval of any adoption), it should be conveyed to the clarifying the responsibilities of the outside entities to perform work in this Budget Committee in time for it to be Regional representatives has also been regard should rest with the Standing factored into the budget. There have discussed at meetings of the Animals Committee in consultation with the been cases at previous meetings of the and Plants Committees. The United Secretariat. COP where the Budget is already States proposes to support a division of 3. Working Plan [Doc. 10.10] approved, and the Committees are responsibilities as decided making decisions that may have independently by each Region. The United States looks forward to a financial implications. The United detailed analysis of the working plan of States will work through the Bureau at 3. Election of New Regional and the Secretariat. The Secretariat must be the COP to deal with this issue. Alternate Regional Members guided by the Conference of the Parties 4. External Funding [Doc. 10.14] The United States encourages in its work plan for the period between membership which will continue the COP10 and COP11, and as such it is up External funding refers to the active role of the Standing Committee. to the COP to review the draft working financial support by Party governments The Regional Representative for North plan and decide on the work and and non-governmental organizations for America from COP9 until the present structure of the Secretariat that it deems projects that have been approved as has been Mexico. Discussions will take most appropriate, in line with the priorities for CITES by the Standing place at the beginning of COP10 among priorities of the Parties. The United Committee under a previously the three North American CITES Parties States believes that discussion of the established procedure. This procedure (United States, Mexico, and Canada) on working plan and strategic plan must be is designed to avoid any conflicts of which country should be the regional in concert with discussions in the interest or even the appearance of a representative between COP10 and Budget Committee, and in full conflict when approving projects and COP11. recognition of any budgetary channeling funds between the provider implications. and recipient. These externally funded X. Reports of the Secretariat (This Item projects are outside of the CITES Trust Consists of Three Subitems) XI. Financing and Budgeting of the Secretariat and of Meetings of the Fund. It has been decided by the The United States considers the issues Standing Committee that under no which the documents cover essential Conference of the Parties (This Item Consists of Four Subitems) circumstances are the UNEP overhead and important matters. However, no costs to be assessed on these projects. documents have yet been received. No document has yet been received. The United States, through the Positions on these matters are pending The United States advocates fiscal Department of the Interior, and the receipt of documents. responsibility and accountability on the Department of State, continues to 1. Secretariat Report [Doc. 10.8] part of the Secretariat and the contribute external funding to Standing Conference of the Parties. The United Committee-approved projects including 2. Strategic Plan [Doc. 10.9] States plans to be an active participant delegate travel to the COP, support for The United States notes that the in discussions in the Budget Committee committee meetings, CITES enforcement strategic plan of the Secretariat adopted at COP10. and implementation training, and Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18781 biological studies of significantly traded Annexes 2 and 3. This resolution representatives). The Regional species. discusses the designation of members of representatives are selected by their the Animals and Plants Committees. It respective Regional caucuses at COP10, XII. Committee Reports and recommends that membership should and a Chair and Vice-Chair will be Recommendations (This Item Consists be for Parties only, and cannot be selected by the new Plants Committee, of Four Subitems) awarded to individuals. The United during a meeting to be held at the close 1. Animals Committee States strongly believes that Party of COP10. countries, not individuals, are members (a) Report of the Chairman [Doc. 10.15] (c) Election of New Regional and of CITES, and therefore proposed this Alternate Members No document has yet been received. change to be consistent with standard The United States fully supports the international practices, and to avoid Currently, Dr. Bruce MacBryde of the presentation of a report by the Chairman potential, perceived, or real conflicts of Service’s Office of Scientific Authority of the Animals Committee regarding the interest. is the North American Regional execution of the Committee’s representative to the Plants Committee. responsibilities and its activities that (c) Election of New Regional and The United States anticipates adoption accurately reflect the discussions and Alternate Regional Members of our proposed resolution that will decisions of the Committee. A position Currently, Dr. Charles Dauphine of change the regional representative to a on that report is pending receipt of the Canada is the North American regional country rather than an individual (as document. representative on the Animals discussed above under Animals Committee. The United States Committee). At COP10, the United (b) Regional Representation [Doc. 10.17] anticipates adoption of our proposed States, Canada, and Mexico will meet to The United States supports the active resolution that will change the regional decide which country should be the role of the Animals Committee in representative to a country rather than regional Plants Committee scientific and management issues an individual (as discussed above). At representative between COP10 and pertaining to animal species listed in COP10, the United States, Canada, and COP11. At that time, the selected the CITES Appendices. We encourage Mexico will meet to decide which country will nominate an individual to membership which will continue the country should be the regional Animals serve as its contact point. If that active role of the Animals Committee, Committee representative between individual cannot continue serving for and selection of a Chair with a strong COP10 and COP11. At that time, the any reason, the country selected will commitment to a proactive Animals country will nominate an individual to nominate another individual. Committee committed to conservation. serve as contact point. If that individual The other CITES geographic regions The United States has always cannot continue serving for any reason, will also meet and decide on their participated actively in the work of the the country selected will nominate Plants Committee representatives. Those Animals Committee, and will continue another individual. decisions are made by the individual to be an active participant in all The other CITES geographic regions regions. The United States position will Committee functions. will also meet and decide on their be to encourage regions to nominate At COP9 membership on the Animals Animals Committee representatives. countries that are committed to full Committee was increased for those Those decisions are made by the participation in the work of the regions with a larger number of Parties. individual regions. The United States committees. Current membership includes: Africa position will be to encourage regions to (two representatives), Asia (two nominate countries that are committed 3. Identification Manual Committee representatives), Europe (one to full participation in the work of the [Doc. 10.17] representative), North America (one committees. No document has yet been received. representative), Oceania (one The United States will continue to 2. Plants Committee representative), Central, South America, support the continuing development of and the Caribbean (two representatives). (a) Report of the Chairman [Doc. 10.16] animal and plant identification manuals The Regional representatives are No document has yet been received. for use by port and border enforcement selected by their respective regional The United States welcomes the authorities, in providing a standard of caucuses at the COP. The Chair and presentation of a report by the Chair of reference for the identification of CITES Vice-Chair will be selected by the new the Plants Committee regarding the species, within available resources and Animals Committee, during a meeting to execution of the Committee’s priorities. The United States particularly be held at the close of COP10. responsibilities and its activities, that applauds the United Kingdom’s efforts During recent discussions in the accurately reflects the discussions and in developing the general CITES guide Animals Committee the issue of decisions of the Committee. A position to plants in trade. The United States increased representation for the on that report is pending receipt of the plans to assess all alternatives presented European Region was discussed, since document. by the Secretariat for updating animal the Region now has 31 countries and sections of the Identification Manual, was not given additional representation (b) Regional Representation [Doc. 10.7] and encourages and will consider all at COP9. Consequently, at COP10, there At COP9, as with the Animals comments from other Parties as to the may be a recommendation to increase Committee, membership on the Plants value of the Identification Manual. The the number of representatives for the Committee was increased for those United States also believes that the European Region to two. The United regions with a larger number of Parties. posting of the Identification Manual on States proposes to support an increase Current membership includes: Africa the Internet to facilitate access by all of one additional representative for the (two representatives), Asia (two CITES Parties should be explored and European Region. representatives), Europe (one discussed, considering all the costs and The United States has submitted a representative), North America (one benefits of so doing. resolution ‘‘Establishment of representative), Oceania (one The United States believes that Committees’’ (Doc. 10.27) for the representative), and Central, South enforcement officers of the Parties must purpose of amending Res. Conf. 9.1, America, and the Caribbean (two be equipped with guides which are 18782 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices accurate, realistic, and helpful in the governments: Argentina, Canada, Japan, Each country that was visited was identification of the many CITES Namibia, New Zealand, and the United asked by ERM to independently decide species and products found in trade Kingdom. The study itself and the how to consult with neighboring throughout the world. Toward this end, report that was produced were reviewed countries, as well as with non- the United States supported the efforts by the same Monitoring Committee, and governmental organizations; the of the Canadian government in the report was presented to the questionnaire sent to the Parties producing a series of extremely useful December 1996 meeting of the CITES recommends broad consultation. The and highly professional identification Standing Committee. The CITES United States supported an exceedingly manuals for CITES species in Standing Committee selected Jaques broad, transparent, and consultative international trade. Berney (retired Deputy Secretary process, with active input from all non- governmental organizations interested 4. Nomenclature Committee General of CITES) and Marshall Jones (Assistant Director for International in the effectiveness of CITES and the No document has yet been received. Affairs, U.S. Fish and Wildlife Service) conservation of species subject to The United States will examine any or Dr. Susan Lieberman (Chief, CITES international trade. ERM stated that it documents received from the Secretariat Operations Branch, Office of was limited in the countries it planed to on this agenda item, and formulate any Management Authority, U.S. Fish and visit, based on time and funding further necessary position(s) at that Wildlife Service), as the technical constraints. time. advisors on the project. The Monitoring Committee mentioned above worked with ERM to (a) Report of the Chairman [Doc. 10.18] The initial phase of this review was designed to collate information plan the country visits. As outlined in b) Recommendations of the Committee including but not necessarily limited to the ERM Study, national consultations, [Doc. 10.19] the following: the stated and implied headed by either ‘‘core team members’’ XIII. Evolution of the Convention (This objectives of the Convention and their of the ERM Study or ERM regional office Item Consists of Two Subitems) continued relevance to the conservation staff, were held in the following regions of wild fauna and flora; the degree of and countries (the consultations in 1. How to Improve the Effectiveness of effectiveness of conservation for question were variable in levels of the Convention representative species listed in the three contact and depth as indicated in the (a) Comments from the Parties and Appendices of CITES and the extent of ERM Study): Africa (Egypt, Kenya, Namibia, Senegal, South Africa and Organizations on the Study [Doc. 10.20] this degree of conservation that can be Zimbabwe); Asia (India, Japan and attributed to the implementation of the At the Ninth Meeting of the Thailand); Europe (separate Convention; the relationship of the Conference of the Parties to CITES in consultations with members of the Convention to other global or regional Fort Lauderdale, Florida, November European CITES Committee and the conservation treaties or agreements and 1994 (COP9), the Conference of the Russian Federation); North America how the objectives of the Convention Parties decided to assign the CITES (Canada, Mexico and the United States); may be enhanced or hindered by the Standing Committee the task of Oceania (Australia); and South America, existence and implementation of these conducting a review of the effectiveness Central America and the Caribbean treaties or agreements; the ease and of the provisions and implementation of (Argentina, Brazil, Chile, Colombia, the Convention, and to report its effectiveness of implementation, Costa Rica and Trinidad and Tobago). findings to the next meeting of the including enforcement, of the In addition to these consultations, Conference of the Parties. The terms of Convention in Party states; and the ERM held meetings with CITES reference are found in COP9 document anticipated and actual roles of various Secretariat staff and international non- number Com. 9.10 which is a draft participants in the implementation of governmental organizations (the World decision of the COP, later directed to the the Convention, including Party states, Conservation Union-IUCN, the World Standing Committee as a final decision non-Party states, national and Wide Fund For Nature/World Wildlife of the COP. international conservation Fund-WWF, Trade Records Analysis of The CITES Standing Committee organizations, and national and Fauna and Flora In Commerce- appointed a team to undertake the international trade and development TRAFFIC, and the World Conservation review including an independent organizations. Monitoring Centre-WCMC). ERM also consultant and two individuals chosen ERM, the contractor on the study, indicated that they consulted with the by the Committee for the information transmitted a questionnaire to all CITES Secretariats of the International Tropical gathering portion of the project. On Parties (132 countries at the time), as Timber Agreement (ITTA), Convention December 21, 1994, the CITES well as international non-governmental on Biological Diversity (CBD), Ramsar Secretariat published Notification to the organizations. In addition, Convention on Wetlands of Parties No. 831, which contained a call representatives of ERM met in person International Importance, Convention for proposals from prospective with several governments, in order to on the Law of the Sea (UNCLOS), consultants to conduct the study on the obtain more detailed responses to the International Convention on the effectiveness and implementation of the questionnaire and in order to assist ERM Regulation of Whaling (IWC), and the Convention. The firm of Environmental in preparing its report on the Convention on Migratory Species of Resources Management (ERM), based in effectiveness of the Convention. ERM Wild Animals (CMS). London, United Kingdom, was was not able to meet with all Parties to The United States appreciates that ultimately selected for the task. That the Convention while preparing their ERM produced a final report within the selection was made by a Monitoring report, due primarily to time constraints allotted time constraints, and met and Committee of CITES Parties, including inherent in the project. Therefore, ERM consulted with many governments, non- several representatives to the CITES invited other countries in the region of governmental organizations, and other Standing Committee. The Monitoring the Party it was visiting to attend the bodies during preparation of the study. Committee, which was selected by the meetings in question for group as well Although the views of countries were Standing Committee, was made up of as private consultations (discussed in obtained from questionnaire responses representatives of the following greater detail, below). and the in-country meetings arranged by Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18783

ERM, the United States regrets that the premature to consider such listing until of their obligations under respective time constraints placed on ERM in consultations have been held with the Conventions. conducting this study precluded relevant inter-governmental bodies 2. Relationship Between CITES and substantive, detailed discussions with charged with managing these species UNEP [Doc. 10.23] the majority of the Parties. In addition, and that there is often insufficient the United States is concerned that the information available to allow adequate The United States believes that the ERM questionnaire did not specifically listing proposals to be developed. current state of the relationship between pose questions which directly addressed While the United States supports UNEP and CITES is not only unclear, issues related to enforcement issues of many of the ERM recommendations, the but potentially quite damaging to the the Convention. Nevertheless, ERM has United States disagrees with others and Convention. The United States strongly produced a highly professional report find some unclear for a variety of supports the examination of this despite these problems. reasons. Other recommendations could relationship, and the renegotiation of the 1992 Agreement between the CITES (b) Consideration of the be acted on by the Secretariat, Standing Committee, or the meeting of the Standing Committee and UNEP. The Recommendations Arising From the United States is actively involved with Study [Doc. 10.21] Conference of the Parties. Many of the recommendations in the ERM report the Working Group of the Standing The United States believes that the could be acted on without the Committee that is charged with ERM study has produced a great introduction of resolutions. In response examining this Agreement. A report of quantity of meaningful to a request from the CITES Standing the Working Group will be presented to recommendations and findings, but the Parties at COP10. Committee and a Notification to the concurrently believes that some of these Parties, the United States submitted XIV. Interpretation and Implementation could prove controversial. Nevertheless, detailed comments on the ERM report of the Convention (This Item Consists of some of the recommendations of the on March 14, 1997, including comments Forty-eight Subitems) ERM study could be implemented either on all recommendations in the report; directly by the Secretariat or Standing 1. Review of the Resolutions of the those comments are available by Committee, or adopted by the Conference of the Parties contacting the Service’s Office of Conference of the Parties with little Management Authority (see ADDRESSES, (a) Consolidation of Valid Resolutions controversy. Therefore, we believe that [Doc. 10.24] the Parties must take direct but cautious above). steps to properly review the (c) Co-operation/Synergy With Other No document has yet been received. recommendations and findings of the Conservation Conventions and Agencies The United States has been supportive report, and act deliberately to advance of the process of consolidation of valid the interests of the Convention. The United States intends to support resolutions, since its inception after The United States recommends that the concept and practice of cooperation COP8 as a Standing Committee project. the Parties adopt the report and use it between CITES and other conservation At the 36th meeting of the Standing as a valuable reference in future entities, and to support cooperation Committee the United States provided decision-making. The ERM report with the Convention on Biological comments on proposed consolidations provides a useful perspective on the Diversity (CBD) as being potentially of resolutions regarding cetaceans. At views of the Parties on a number of useful and relevant to CITES. the 37th meeting of the Standing issues. The report is to be commended Representatives of other conservation Committee the United States supported for focusing on majority versus minority conventions and agencies should be the Secretariat’s efforts to consolidate viewpoints, which should be used by invited to attend CITES COPs as the resolutions pertaining to cetaceans. the Parties in assessing priorities for observers, including; the CBD, The United States recognizes these action that could result from the study. Convention on Migratory Species, extant resolutions as current and valid. The United States notes that the Ramsar, World Heritage Convention, The Standing Committee agreed to this findings of the ERM report Convention on Desertification and consolidation. The Committee was demonstrated quite conclusively that Drought, Convention on the Law of the presented a draft consolidation on the majority of the Parties of the Sea and regional agreements as ranching resolutions by the Secretariat. Convention believe that the text of the appropriate. The United States supported the Convention should not be amended. The United States agrees that consolidation, with the exception of the This perspective is complemented by cooperation with the CBD is potentially Secretariat’s proposal to include marine ERM highlighting the high monetary useful and relevant to the purposes of turtle ranching (Resolution Conf. 9.20) costs and logistical requirements which CITES. It is not clear that it is necessary in the consolidation. The Standing would be incurred in attempting to to negotiate a comprehensive agreement Committee agreed with the United conduct any such textural amendments. between the Secretariats. Cooperation States, and it is the U.S. position for The United States strongly concurs with between Conventions will be most COP10 that the consolidated ranching this view, and hopes that this will effective if it evolves out of recognition resolution should not include the discourage efforts to amend the treaty or of the contribution each can make to the marine turtle ranching resolution from alter its fundamental objectives. other. It may be best to let the COP9 (Conf. 9.20). The United States notes that relationship between the two At the 37th meeting of the Standing according to the report, the majority of conventions evolve as the CBD matures, Committee the Secretariat noted that it the Parties (including the United States) rather than to mandate cooperation. would produce additional draft and international organizations believe Mandated cooperation without a clear resolutions consolidating previous there is no reason why the application sense of how each Convention will resolutions for COP10. These drafts of CITES should exclude any taxonomic benefit may result in more work for each have not yet been received from the group. The study goes on to say that a Secretariat and less focus on the goals Secretariat. The United States expressed minority of the Parties oppose inclusion central to the interests of the Parties to support for the consolidation process, of commercial fish in the CITES each Convention. It is up to and continues to do so. These Appendices on the grounds that it is governments to consider the integration consolidations are procedural, and do 18784 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices not involve renegotiation of any containing a summary of the permits it the draft report refers to the sentencing previously adopted text. has granted, and the types and numbers of a major parrot smuggler in the United The tentative position of the United of specimens of species in the CITES States to almost 7 years in prison and a States is to fully support the continuing Appendices that it has imported and significant fine; this case involved effort to consolidate existing exported. Accurate report data are excellent cooperation with several other Resolutions of the Conference of the essential to measure the impact of governments, and the crimes involved Parties provided that the consolidation international trade on species, and can caused serious potential harm to macaw process provides a more ‘‘user-friendly’’ be a useful enforcement tool, populations in South America. Many product and does not create particularly when comparing imports other countries have also prosecuted consolidated resolutions which impinge into a given country, contrasted with significant violators since COP9, and the on the validity of resolutions which are export quotas from other countries. The United States has urged the Secretariat still sound. United States is current in its Annual to highlight such cases in the final (b) Index of Resolutions of the Report obligations. Infractions Report. The first draft of the Infractions Conference of the Parties [Doc. 10.25] 3. Amendment to Resolution Conf. 9.1 Report contained numerous such on Establishment of Committees [Doc. This resolution, submitted by alleged infractions, including some 10.27] Australia, recommends and proposes an related to U.S. implementation of the alphabetical index of resolutions of the This is a U.S.-sponsored resolution. Convention. As with previous Infraction Conference of the Parties from Res. See Federal Register notice of March 27, Reports prepared by the Secretariat, Conf. 1.1 to Res. Conf. 9.26 (all 1997, for a rationale explaining the U.S. there is a great difference in the depth resolutions adopted from the first CITES submission of this resolution. of reporting of different alleged COP, through COP9 held in Ft. 4. Enforcement infractions, due to what appear to be a Lauderdale, Florida). variety of reasons, but primarily because The United States considers the Index (a) Review of Alleged Infractions and Parties to the Convention have not of Resolutions to be a very good idea Other Problems of Implementation of communicated sufficient information to that could be an effective tool to assist the Convention [Doc. 10.28] the Secretariat regarding these matters. Parties in administrating their It appears that, as with previous responsibilities under the Convention. Article XIII of the Convention The index could serve as a guide to all provides for COP review of alleged infraction reports, a large number of Resolutions and a historical record of infractions. The Secretariat prepares an alleged infractions may be caused by a Resolutions in force, repealed, and Infractions Report for each COP, which lack of training, personnel or knowledge amended. However, the United States details instances that the Convention is on the workings of CITES. These are proposes not to support the document not being effectively implemented, or matters that can be addressed and as drafted. Considerable work needs to where trade is adversely affecting a significantly improved. The majority of be done on the index and input from the species. The United States proposes to the alleged infractions highlighted in Parties gained during its development. support the Secretariat’s biennial review the draft Infractions Report for COP10 The index needs to be revised to of alleged infractions by the Parties, and should be issues of major concern to the reference all resolutions that pertain to necessary and appropriate Parties as they have serious a subject and reviewed to ensure that recommendations to obtain wider consequences for the effectiveness of the the information is accurate. In addition, compliance with the terms of the Convention, and for conservation. the index would be more useful with Convention. The United States also (b) Working Group on Illegal Trade in some format changes, such as proposes to support an open discussion CITES Specimens [Doc. 10.29] alphabetizing categories under each at COP10 of major infractions, and the enforcement of the laws and regulations This is a U.S.-sponsored resolution. major heading and converting lengthy See Federal Register notice of March 27, phrases to key words. The United States implementing the Convention. The United States received a draft 1997 for a rationale explaining the U.S. is contacting Australia to discuss our submission of this resolution. proposed position and suggest we copy of the Infractions Report to be would work with them and other presented at COP10 from the Secretariat (c) Inspection of Wildlife Shipments interested Parties between this and made comments on all matters [Doc. 10.30] concerning the United States. A final Conference of the Parties and the next This is a U.S.-sponsored resolution. version of the report has not been to complete the document. If the Parties See Federal Register notice of March 27, received. When it is received from the agree to this approach at COP10, the 1997, for a rationale explaining the U.S. Secretariat, it will be closely scrutinized document once completed could be submission of this resolution. forwarded to the Standing Committee by the United States, and comments for review and, if accepted, to the provided to the Secretariat if necessary. 5. National Laws for Implementation of Secretariat for distribution to the Parties The United States supports the hard the Convention [Doc. 10.31] and interested non-governmental work of the Secretariat in assembling (a) Analysis of the National Legislation organizations (prior to COP11). the Infractions Report. However, the of Parties United States is concerned that the draft 2. Report on National Reports Under report did not demonstrate a special (b) Measures Taken by Parties to Article VIII, Paragraph 7, of the focus on high priority infractions and Improve Their Legislation Convention [Doc. 10.26] violations of the Convention. For (c) Measures to be Taken With Regard No document has yet been received. example, some cases of technical errors to Parties Without National Legislation The United States proposes to support or document irregularities received efforts to encourage all Parties to submit more attention than major criminal (d) Technical Assistance Provided to annual reports, for all species of fauna cases involving smuggling of Appendix Parties and flora, consistent with their domestic I species and cooperation among the No documentation has been received legislation. Each Party is required by the enforcement agencies of several on any of the listed topics under this Convention to submit an annual report governments. For example, one case in sub-item. The United States will Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18785 examine any documents received from to ensure that this high priority on transferred to that Appendix in 1986, the Secretariat on these topics, and then training will be reflected in the CITES when the IWC decision to implement a formulate any further necessary Budget adopted at COP10. pause in commercial whaling comes position(s). into effect.’’ This action by CITES COP4 7. Implementation of the Convention in Generally, the U.S. is strongly established a strong relationship Small Island Developing Nations [Doc. supportive of the COP8-initiated review between the two organizations whereby 10.33] of national laws for the implementation CITES has agreed to reflect IWC of the Convention; such laws are No document has yet been received. decisions in its Appendices. required of Parties under Article VIII of Some small island developing nations, At the most recent meeting (37th) of CITES. The Service has in the past particularly those in Oceania, have been the CITES Standing Committee, Res. provided funding for this Secretariat- unable to accede to CITES because of Conf. 2.9 was incorporated into a sponsored activity, and has received the substantial resources which they proposed consolidated resolution for reviews of national legislation for feel are needed to fully implement and consideration by COP10, although one several countries. The U.S. strongly enforce the Convention. Of particular Party in attendance at the Standing believes that the Convention’s concern is the need to name Committee meeting objected to this. effectiveness is undermined when Party Management and Scientific Authorities. The IWC has not lifted the states do not have national laws and Therefore, under a plan supported by moratorium, although some nations, regulations in place for implementing the government of New Zealand, those such as Japan and Norway, call for the CITES, including laws and regulations countries would be permitted to share lifting of the IWC moratorium. The IWC which authorize the seizure and/or the services of a multi-national continues to work on activities that the forfeiture of specimens imported or Management and/or Scientific United States believes must be exported in contravention of the Authority. The United States supports completed before any consideration can Convention, as well as penalties for full international membership in CITES be given to a resumption of commercial such violations. and proposes to continue supporting the whaling. These elements include The project, which was approved by plan advanced by New Zealand, and development of a scientific scheme for the Parties at COP8, will identify believes it is an excellent avenue setting quotas and division of an deficiencies and highlight those Parties towards helping small island observation and monitoring program to in need of improvements in their developing nations accede to the ensure that quotas are not exceeded. national CITES implementing Convention. Japan continues to circumvent the letter legislation. Parties which are identified 8. Relationship with the International of the Treaty by allowing increasing as not having adequate legislation are Whaling Commission [Doc. 10.34] high catches of whales for ‘‘research’’ required under a decision reached at purposes in the Antarctic, and more COP9 to have initiated efforts to enact This resolution, submitted by Japan, recently, in the North Pacific. Norway, such laws. At the 37th meeting of the calls for the repeal of Res. Conf. 2.9; that has since 1993, openly defied the Standing Committee Doc. SC.37.10 on resolution recommends that ‘‘the Parties moratorium, by setting its own quota for this topic was discussed, as the current agree not to issue any import or export the take of whales in the North Atlantic. project has categorized the adequacy of permit or certificate’’ for introduction In consideration of the process related Parties’ national CITES legislation with from the sea under CITES for primarily to this issue to date, the United States numerical assignments of 1, 2, and 3 (3 commercial purposes ‘‘for any specimen opposes this resolution. representing the most inadequate of a species or stock protected from legislation). The U.S. noted at this commercial whaling by the 9. Revision of Resolution Conf. 9.3 on meeting that action is needed at COP10 International Convention for the Permits and Certificates [Doc. 10.35] to address those countries that have Regulation of Whaling.’’ In 1978 the This is a U.S. sponsored resolution. made no progress enacting relevant International Whaling Commission See Federal Register notice of March 27, laws, and have not even communicated [IWC] passed a resolution requesting 1997, for a rationale explaining the U.S. with the Secretariat or initiated any that CITES ‘‘take all possible measures submission of this resolution. efforts towards that end. to support the International Whaling Commission ban on commercial 10. Interpretation of Article II, 6. Training [Doc. 10.32] whaling for certain species and stocks of Paragraph 2(b), and Article IV, No document has yet been received. whales as provided in the Schedule to Paragraph 3 [Doc. 10.36] The United States has provided training the International Convention on the This resolution, submitted by France, on CITES enforcement and/or Regulation of Whaling .’’ recommends (a) that Parties be exempt implementation since COP9 in: At the time the 1978 IWC Resolution from the requirements in Article IV, Bangladesh, China, Honduras, India, was passed, some populations of whales paragraph 3 of the Convention, to Indonesia, Mexico, Nepal, the were listed in Appendix I and some in monitor exports of species listed in Philippines, Russia, and Taiwan. The Appendix II. From 1979 to 1983, as zero Appendix II for reasons of similarity of United States is currently planning catch limits were set in the ICRW appearance, in order to control the trade several more training programs for the Schedule for additional populations of in other listed species, and (b) to mark coming years, and considers this a very whales, the CITES Conference of Parties such specimens in trade with a special high priority activity. added those populations of whales to identification tag. The United States supports all efforts Appendix I. Most importantly, at the The United States proposes to oppose by the Secretariat and other Parties to Fourth Conference of the Parties in this resolution for several reasons. the Convention to provide training in 1983, CITES decided that ‘‘All cetaceans Listing under Article II.2.b. of the CITES CITES implementation and enforcement for which the catches are regulated by treaty is a very important tool to provide to other Parties who are in need of such. the IWC and for which the Commission the necessary protection to other species The Parties concur that training is of the has set catch limits for commercial listed in Appendices I and II. The listing highest priority, as evidenced in the whaling (except for the West Greenland in Appendix II for similarity-of- ERM Report on the Effectiveness of the population of minke whales) and not appearance purposes allows for the Convention. United States will endeavor already on Appendix I would be detection of shifts in the market toward 18786 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices species listed for reasons of similarity of 4201 et seq.), the Marine Mammal imported specimens will be used in a appearance (which could put those Protection Act (16 U.S.C. 1361 et seq.), cultural and traditional manner and will species at risk as well). In the case of the Migratory Bird Treaty Act (16 U.S.C. not be re-exported; (d) the exporting species listed for reasons of similarity of 73 et seq.), and the Endangered Species government certifies that the export will appearance, it is important to Act (16 U.S.C. 1531–1544). The United not be prejudicial to the species, but sufficiently monitor their international States has also adopted stricter domestic will enhance the status of the species; trade to obtain data which could measures under authority of the Pelly and (e) the transaction receives prior indicate increased levels of trade in Amendment to the Fisherman’s approval by the Standing Committee. them. Protective Act (22 U.S.C. 1978). The United States proposes to oppose 11. Interpretation of Article XIV, 12. Revision of the Definition of this resolution as written, conditions Paragraph 1 [Doc. 10.37] ‘‘Primarily Commercial Purposes’’ [Doc. notwithstanding, as it potentially could This resolution, submitted by France, 10.38] create loopholes for trade in specimens recommends that Parties to the This resolution, submitted by of Appendix I species, resulting in Convention not adopt stricter domestic Namibia, would amend portions of commercialization that could lead to the measures for non-native species, and Conf. 5.10, thus revising the Parties’ extirpation or extinction of a species. It only institute such steps for indigenous interpretation of the term ‘‘primarily would also weaken the intent of CITES, taxa when illegal trade is present. The commercial purposes’’ in CITES. Conf. which was to strictly regulate trade in resolution also recommends that Parties 5.10 was developed to help countries specimens of Appendix I species increase their consultation with other apply the terms ‘‘primarily commercial (Article II, paragraph 1). The resolution range states if enacting stricter domestic purposes’’, ‘‘commercial purposes’’, and as drafted is not in accordance with the measures for non-native species. ‘‘non-commercial’’. The Parties treaty. The United States intends to strongly recognized that interpretation of the The United States is sympathetic to oppose adoption of this resolution on provisions of Article III, paragraphs 3(c) the concerns of the proponent country the grounds that it is contrary to the text and 5(c) varied significantly between and its conservation efforts; however, of the Convention and represents an Parties. Several examples were provided the resolution, as written, is infringement on state sovereignty. As in order to help the Parties address inconsistent with the intent of the Article XIV, paragraph 1 of CITES states: situations that could arise when Convention and could open up ‘‘The provisions of the present evaluating whether an import could be loopholes for trade in Appendix I Convention shall in no way affect the considered ‘‘primarily commercial’’ or species, that are at a higher risk of right of parties to adopt: (a) stricter not. The key to understanding both the exploitation. The draft resolution domestic measures regarding the treaty and Conf. 5.10 however is the fact inappropriately focuses on the purpose conditions for trade, taking possession that the decision on whether or not an of the take of the animal, versus the or transport of specimens of species import permit is contingent upon the ultimate use of the animal or specimen. included in Appendices I, II and III, or finding of the importing country that the the complete prohibition thereof; or (b) import is for non-commercial purposes. 13. Criteria for Granting Export Permits domestic measures restricting or Under this proposed resolution, the in Accordance with Article V, Paragraph prohibiting trade, taking possession, or ‘‘primarily commercial purposes’’ 2 [Doc. 10.39] transport of species not included in decision would be based on activities in Appendices I, II or III.’’ the exporting country, rather than the No document has yet been received. The resolution submitted by France importing country (as specified in the This agenda item refers to the decision ignores the series of resolutions adopted treaty and Conf. 5.10), such that of COP9 directing the Standing at previous COPs, as well as numerous transactions with Appendix I specimens Committee to prepare a draft resolution decisions of the Standing Committee, or derivatives would not be interpreted containing criteria for granting export calling for CITES Parties to adopt as being for ‘‘primarily commercial permits in accordance with Article V, stricter domestic measures to improve purposes’’ despite commercial paragraph 2 of the Convention. The the effective implementation of the components if the following conditions United States has previously held the Convention for the conservation of are met: (1) the specimens and position, in agreement with the species of global concern, regardless of derivatives result from routine Secretariat, that such criteria are not whether the taxa in question were conservation and management necessary, particularly in light of the native or non-native to any particular programs, including the recovery of adoption of Resolutions Conf. 9.3 and country. natural populations, which are owned 9.25. This position advocated and It should also be noted that and controlled by a government of a advanced by the United States was consultations with range states do occur Party and (2) the transaction is (a) adopted by the Standing Committee at when Parties are considering listing conducted under the direct and full its 37th meeting. non-native species in the CITES control of both the importing and The United States will examine any Appendices. Therefore, range states are exporting governments and is open to documents received from the Secretariat consulted and their views and data inspection by the CITES Secretariat or on this agenda item, and formulate any considered prior to any listing of species any body agreed to by both governments in the Appendices. and the CITES Secretariat; (b) the further necessary position(s) at that Many countries have adopted a large exporting country allocates all net time. number of laws and regulations which income from the transaction to 14. Illegal Trade in Whale Meat [Doc. are stricter domestic measures with conservation and management programs 10.40] regard to imports and exports of CITES- for the species concerned, its habitat, listed species and non-CITES species. education and awareness programs, and This is a United States sponsored Such laws in the United States include to the development of communities discussion paper. See Federal Register the Wild Bird Conservation Act (16 directly involved in the management notice of March 27, 1997, for a rationale U.S.C. 4901 et seq.), the African and conservation programs; (c) the explaining the U.S. submission of this Elephant Conservation Act (16 U.S.C. importing country certifies that the resolution. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18787

15. Illegal Trade in Bear Specimens stay deeply engaged with CITES efforts three specifically targeted on tiger [Doc. 10.41] to protect bear populations. conservation efforts in India, Indonesia, and Nepal, while two additional 16. Exports of Leopard Hunting No document has yet been received. projects benefiting both tigers and Asian Trophies and Skins [Doc. 10.42] Discussions at COP10 of the illegal trade rhinos were funded in India and in bear specimens will most likely No document has yet been received. Indonesia. Combined awards for these follow from previous discussions held When relevant documentation is projects total $96,300. Additional at the last meetings for the Animals and received from the Secretariat, the United monies were allocated to grants for Standing Committees. In response to the States will evaluate it and formulate a rhino conservation projects (see serious problems of conservation of bear policy position. discussion under item 19). The National populations throughout the world Fish & Wildlife Foundation also caused by the illegal trade in bear parts 17. Trade in Tiger Specimens [Doc. 10.43] administers the Save The Tiger Fund, a and products of Appendix I species, the program funded by Exxon to assist with United States placed this issue on the No document has yet been received. the conservation of tigers by providing agenda of the Animals and Standing When relevant documentation is grants to a wide variety of applicants. Committees. received from the Secretariat, the United 18. Trade in African Elephant One important decision of the States will evaluate it and formulate a Specimens Animals Committee recognizes that policy position. ‘‘bears are native to Asia, Europe, North At the 36th meeting of the Standing (a) Revision of Resolution Conf. 9.16 America, and South America, and as Committee, all Parties were asked to [Doc. 10.44] provide information at the Committee’s such the problem of conservation of No document has yet been received. bears caused by illegal trade in their 37th meeting on their efforts to end trade in tiger parts and products, reduce When relevant documents are received parts and products is a global one.’’ The from the Secretariat the United States United States believes that this decision poaching of wild tigers, and implement Conf. 9.13 (Conservation of and Trade in will review them and develop a policy is important in that it reflects an position. awareness that problems of illegal trade Tigers) passed at COP9. The United are not limited to one region of the States provided such documents to the (b) Revision of Resolution Conf. 7.9 world, but affect all populations and all Secretariat for the 36th and 37th [Doc. 10.45] geographic regions. Again, this points to meetings of the Standing Committee. At the 37th meeting of the Standing At the 37th meeting of the Committee the need for both domestic and Committee discussions were held the United States reported on the multilateral solutions to these problems. pertaining to the implementation of following issues: efforts to interdict Under a request from the Animals Conf. 7.9, which establishes the Panel of illegal shipments coming into the Experts process for review of proposals Committee, the CITES Secretariat issued United States; training in Asia on CITES Notification to the Parties #946 which to transfer African elephant populations enforcement and implementation; from Appendix I to II. At that meeting stressed the serious problems of bear progress made by the Service’s National conservation and illegal trade, and the Secretariat recommended repeal of Fish and Wildlife Forensics Laboratory Conf. 7.9 for several reasons, including requested that Parties submit for (Division of Law Enforcement, Ashland, discussion at COP10 information on the view that the new CITES listing Oregon), including analysis of levels of criteria (Conf. 9.24) are sufficient. The wild bear populations, trade, threats, arsenic, mercury, and other chemicals legislative and/or regulatory controls on United States continues to believe that found in patented traditional Asian the Panel of Experts review is important bear harvesting, enforcement, medicinal products; the Service’s interdiction, and prosecution efforts and provides an independent education and outreach program with assessment that should be retained. The related to illegal trade, the kinds of bear the United States Asian community and derivatives and products available on United States recalls that several a similar outreach program with the African elephant range states at the last the open market, efforts to promote the United States traditional Asian use of substitutes in traditional meeting of the Standing Committee medicine practitioner community; the supported continuation of the Panel of medicines, and information on public Rhinoceros and Tiger Conservation Act education and outreach efforts. The Experts process. The United States passed by the United States Congress continues to advocate that the panel purpose for this notification, and the and the Service’s review of grant compilation of information, was to review should be expanded to include proposals under the Act; and funding review of specific ivory importing ascertain what the real problems are, through the National Fish and Wildlife countries, if so identified in a proposal. what efforts have been made by Foundation for such grants. (Copies of The United States believes that the countries, and what solutions could this document are available through the Standing Committee should not make a benefit bear conservation. The United Service’s Office of Management recommendation to the COP on repeal States has responded to this notification Authority.) of Conf. 7.9, but rather should leave that and provided information on its bear On March 13, 1997, the Service discussion and decision up to the COP. populations, and trade and enforcement announced the awarding of the first-ever The United States fully intends to activities. (Copies of this response are grants issued under authority of the evaluate the analyses in the most recent available from the Service’s Office of Rhinoceros and Tiger Conservation Act Panel of Experts report, and to take Management Authority.) of 1994. The Act provides monies to those analyses into consideration in the The Secretariat will be compiling and fund projects that will enhance development of its positions on reviewing the responses received from sustainable development programs to proposed transfers of certain African the Parties in response to this ensure effective long-term rhino and elephant populations to Appendix II. notification, and preparing a report for tiger conservation. Congress had discussion at COP10. Upon receiving authorized $200,000 in funding for (c) Stockpiles of Ivory [Doc. 10.46] this report, the United States will fiscal year 1996 and $400,000 for fiscal No document has yet been received. review it closely and develop a policy year 1997. Ten projects receiving At COP9, the Conference of the Parties position. The United States intends to funding were announced, including asked the Standing Committee to 18788 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices evaluate issues pertaining to ivory (a) Implementation of Resolution Conf. Conf. 9.17 which directs the Animals stockpiles, and make recommendations 9.14 [Doc. 10.47] Committee to report to COP10 on the to the Parties. At the 37th meeting of the (b) Trade in Live Rhinoceroses from biological and trade status of sharks. Standing Committee, representatives of South Africa [Doc. 10.48] The Animals Committee prepared a Africa reported on a meeting held in discussion paper in this regard. Conf. Dakar, Senegal of African elephant No document has been received on 9.17 also requested that the Food and range states (the United States provided this issue. At COP9, South Africa’s Agriculture Organization (FAO) of the financial assistance for the meeting). At population of the white rhinoceros was United Nations (UN) and international that meeting, several options were transferred to Appendix II, with an fisheries management organizations presented and agreed upon by the range annotation to allow only trade in live establish programs to collect and states. The United States position at the rhinoceroses and sport-hunted trophies. assemble the necessary biological and Standing Committee meeting was that South Africa is expected to submit a trade data on sharks species, and that no single option should be endorsed by report to COP10 on its implementation such information be distributed to the the Standing Committee, as long as the of this down listing. The United States Parties at COP10. The recommendations options are fully in accordance with the interpretation of the proceedings at contained in the Animals Committee provisions of the CITES treaty, since COP9 was that there would be a discussion paper call for continued countries should be able to evaluate all proposal from the Depositary cooperation between the FAO, options. The United States continues to Government (Switzerland) to transfer international fisheries organizations, support that position. The United States the population back to Appendix I, and CITES. In addition, many questions will evaluate the document being submitted to COP10, as well as a were raised concerning technical and prepared by the Secretariat, and develop proposal from South Africa to retain the practical aspects of implementation its position on it subsequently. population back to Appendix II (if it concerns associated with inclusion of wanted to do so). The Secretariat’s marine fish species which are subject to 19. Trade in and Conservation of interpretation differed, and the large-scale commercial harvesting and Rhinoceroses Secretariat has informed the United international trade, and also listed on No document has yet been received. States that no such procedure is the CITES Appendices. When relevant documents are received necessary. The United States notes that In order to provide a framework for from the Secretariat the United States South Africa has submitted a proposal this and other activities that CITES will will review them and develop a policy to ‘‘amend’’ its annotation for this undertake to implement Conf. 9.17, the position. At the 37th meeting of the species. The United States believes that United States has introduced a Standing Committee, the Committee this proposal constitutes a new species resolution for consideration at COP10 agreed to support the continued efforts proposal, one which would transfer the concerning the formation of a Marine of the IUCN/SSC African Rhino population to Appendix II, and as such Fishes Working Group. See the Federal Specialist Group (AfRSG) (Doc. must be evaluated in the context of the Register notice of March 27, 1997, for a SC.37.17), and agreed to endorse efforts CITES listing criteria in Resolution rationale explaining the United States by that group to develop indicators to Conf. 9.24. The United States believes submission of this resolution. measure the impact(s) of the CITES that these annotations bring up 23. Trade in Plant Specimens important issues that will be addressed listing of the species. While endorsing No document has yet been received. the efforts, the document prepared by once a document is received on this agenda item. The United States will develop its the AfRSG was not adopted by the position after the document is received. Committee. The United States agreed 20. Exports of Vicun˜ a Cloth [Doc. 10.49] with the Standing Committee’s (a) Implementation of the Convention No document has yet been received. endorsement of the efforts of the AfRSG, for Timber Species [Doc. 10.52] The United States will develop its but supported the position of the position after the document is received. At the 37th meeting of the Standing Committee in not adopting the Committee, the Deputy Secretary document. 21. Conservation of Edible-Nest General of CITES, acting as Chair of the As discussed above, on March 13, Swiftlets of the Genus Collocalia [Doc. Timber Working Group (TWG), 1997, the Service announced the 10.50] introduced document Doc. SC.37.13, awarding of the first-ever grants issued This document has not yet been which sought the direction of the under authority of the Rhinoceros and received from the Secretariat. At COP9, Committee on recommendations to be Tiger Conservation Act of 1994. The Act in response to submission of a proposal made to the Parties at COP10. (As noted provides monies to fund projects that to include these species in CITES at this meeting, the Secretariat planned will enhance sustainable development Appendix II, a decision was adopted to to re-introduce this document, programs to ensure effective long-term convene an international scientific and unchanged, to COP10 for consideration rhino and tiger conservation. Congress management workshop on the by the Parties.) At the Standing had authorized $200,000 in funding for conservation of edible-nest swiftlets in Committee meeting, the United States fiscal year 1996 and $400,000 for fiscal the genus Collocalia. This agenda item noted the positive, productive, and year 1997. Four projects were funded, will discuss the results of that cooperative tone which characterized which directly benefit African rhino workshop, held in Indonesia in 1996. the TWG meetings. The United States conservation, two in Kenya, and one The United States did not attend the also noted that the document submitted each in South Africa and Zaire. An workshop, and will develop its position by the TWG (Doc. SC.37.13) was additional five projects were funded, after the document is received. assembled by the technical experts who which directly benefit Asian rhinos: two attended the Group’s meetings. projects are in India and three in 22. Biological and Trade Status of The United States agreed that the Indonesia. Two projects were funded Sharks [Doc. 10.51] resolutions drafted by the TWG should which will benefit both tiger and Asian No document has yet been received. be submitted to COP10, except the one rhino conservation. Combined awards The United States has actively entitled Regarding Appendix III Listings for these projects totaled $154,221. participated in the implementation of (TWG.02.Concl.04 (Rev.)). The United Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18789

States strongly opposed this will review them and develop further were being applied to field studies and recommended amendment of Conf. 9.25, policy positions as warranted. that this aspect of the Significant Trade and proposes to continue to do so at At the 12th meeting of the Animals Review process suffers if new species COP10. That draft resolution concludes Committee, the review of species slated are reviewed before adequate follow-up, that limiting an Appendix III listing to for examination in 1995 under the such as field studies, have been geographically separate populations Significant Trade Review process (Conf. implemented for previously reviewed would not necessarily result in 8.9) was discussed at length and species. enforcement difficulties for Parties; the recommendations to the Secretariat The United States introduced a draft U.S. disagrees. The draft does not take from each of the CITES Regions were resolution on reporting and into account implementation and made through the Committee Chair. identification of corals in trade, at the enforcement concerns, especially for Prior to the 13th meeting of the request of the 12th meeting of the species other than timber tree species. Committee it was not clear whether the Animals Committee. As this is a United The United States believes that the draft Secretariat had fully followed through States sponsored resolution, see Federal resolution is a misinterpretation of with primary and secondary Register notice of March 27, 1997, for a Appendix III. recommendations made to range States rationale explaining the United States The topic of extending the term of the which are developed in this process. In submission of this resolution. TWG was also discussed by the Group reviewing the species slated for itself and reported at the Standing examination in 1996, the United States (b) Plants [Doc. 10.56] Committee meeting. The TWG recommended that an assessment of the The United States proposes to support recommended that extending the term progress made to date by IUCN on the recommendations of the working of the working group be considered, if developing a target list be conducted, group on significant trade of the Plants technical issues need to be addressed, and the United States advocated a rapid Committee. The recommendations are with the same membership, but be completion of the task if it were not yet non-controversial, and accomplish a convened only at the request of the complete. In addition, the United States fine-tuning of the process for plants that Standing Committee, to discuss specific delegation stressed the need for field is already underway for animals. Such issues. The United States supported that projects to study significantly traded an adjustment is needed to recommendation, with the caveat that species in the wild, rather than accommodate the greater number of the Terms of Reference of the TWG extensive revision of lists in the higher-taxon listings of plants in remain the same. Significant Trade Review process. With regards to United States There was considerable discussion Appendix II of the Convention. The financial support for future TWG about the Significant Trade Review United States believes that this process meetings, the United States position is process, particularly regarding concerns is a generally effective approach, as has that any such funding is dependent on that recommendations made to the been demonstrated for example, with Federal agency budgets, about which Secretariat for transmission to the range tree ferns, where entire families are information is not currently available. states are neither specific enough or listed. However, continued financial support sufficiently ‘‘action-oriented.’’ (The 25. Sale of Tourist Items of Appendix I from the United States for future TWG United States endorsed this point.) Species at International Airports, meetings should not be considered Concerns were also discussed regarding Seaports, and Border Crossings [Doc. likely given expected budgetary consultation with range states in lieu of 10.57] pressures. forwarding specific primary or secondary recommendations to the This is a United States sponsored (b) Amendment to the Definition of Secretariat, as this was believed to be a resolution. See Federal Register notice ‘‘Artificially Propagated’’ [Doc. 10.53] misuse of the Significant Trade Review of March 27, 1997, for a rationale No document has yet been received. process. Except for corals and queen explaining the United States submission The United States will develop its conch (both species under review in this of this resolution. position after the document is received. process), the Secretariat has transmitted 26. Trade in Specimens of Species (c) Disposal of Confiscated Live Plants primary and secondary Transferred to Appendix II Subject to [Doc. 10.54] recommendations on the 1995 species Annual Export Quotas [Doc. 10.58] significant trade review to range States. No document has yet been received. During discussion at the 13th meeting No document has yet been received The United States will develop its of the Animals Committee of the 1996 from the Secretariat. The United States position after the document is received. review of taxa in the Significant Trade will develop its position after the The United States has established a Review process, there was confusion document is received. system of Plant Rescue Centers (PRC) for about the timing of the review cycles 27. Trade in Alien Species [Doc. 10.59] the placement of confiscated live plants. used in this process. It was clarified that The Service’s Office of Management each cycle should correspond to an This topic is addressed in an issue Authority and the United States interval between meetings of the CITES document co-sponsored by the United Department of Agriculture, Animal and Conference of the Parties. The United States and New Zealand. See Federal Plant Health Inspection Service (APHIS) States supported an agreement not to Register notice of March 27, 1997, for a work together closely on the initiate another round of reviews (the rationale explaining the United States implementation of this rescue center 1996 reviews), but to complete the 1995 submission of this document. program. cycle between that meeting and COP10, 28. Establishment of a Working Group and then devote efforts to evaluating the 24. Significant Trade in Appendix II for Marine Fish Species [Doc. 10.60] Species outcomes of previously reviewed species, especially involving Parties This is a United States sponsored (a) Animals [Doc. 10.55] receiving primary recommendations resolution. See Federal Register notice No document has yet been received. from the review process. It was also of March 27, 1997, for a rationale When relevant documents are received agreed, and the United States supported explaining the United States submission from the Secretariat the United States the concern, that insufficient resources of this resolution. 18790 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

29. Scientific Justification for National scientific activities, but also for ‘‘the Appendices to the Convention. The Export Quotas [Doc. 10.61] cultural and artistic heritage’’ proposed resolution submitted by the This resolution, submitted by Israel, (translation provided by the Embassy of Secretariat seeks to amend the marking discusses the publication and France). The resolution makes no requirements to reflect uniform marking distribution of CITES export quotas by reference to the enforcement obligation only of items of primary economic the Secretariat and recommends the of Parties to CITES as enumerated in importance. The resolution also provision of relevant scientific evidence Article VIII, but instead CITES recommends that any ranching proposal and non-detriment findings by Parties economic and social development include details of the marking system, a provisions of the Convention on list of all specimens of primary when transmitting their own national Biological Diversity. economic importance and a current export quotas for Appendix II species to The United States intends to oppose inventory of such stocks. the Secretariat. this resolution and believes that Conf. The resolution was submitted due to The resolution raises many concerns 9.10 as adopted by the Parties is the general belief that the previously which the United States shares and effective as written. The United States designed marking requirements were provides for interesting points in need believes that this draft resolution, if overly burdensome to commercial of additional consideration and study by adopted, would create a number of traders, unenforceable by national the Parties. It brings forth a valid point enforcement problems, not the least of authorities, and otherwise impractical. with respect to the need for non- which would involve the large The United States proposes to support detriment findings in support of export stockpiles of African elephant ivory this resolution to create a marking quotas submitted by many Parties. Since currently maintained in a number of regime which is not only practical and the CITES Convention requires Parties range states. By opening the door to the enforceable, but institutes necessary to make a non-detriment finding when cultural and artistic utilization of marking controls to implement the issuing an export permit, providing that stockpiles of Appendix I species, there ranching requirements that are finding or the documentation of such would be a serious problem of implemented under the authority of the finding to the CITES Secretariat should distinguishing between illegal trade and Convention. not be burdensome to Parties that are ‘‘cultural’’ trade. The United States is 32. Universal Tagging System for the effectively implementing the concerned that the use of these Identification of Crocodilian Skins [Doc. Convention. There have been problems specimens for cultural or artistic 10.64] with the quota system where quotas purposes could result in increased were established and implemented consumer demand for other such No document has yet been received. without a scientific justification. specimens. The United States believes this The United States supports the In addition, the United States believes document will discuss implementation preparation of scientific non-detriment that this resolution, if adopted, would of the resolution on the universal findings and justifications by all Parties detrimentally impact controls on seized tagging of crocodilian skins, which the for the export of indigenous Appendix Appendix I plants and plant materials. United States generally supports. II species before authorizing or The United States recognizes that there However, the United States will not otherwise issuing export permits, as may exist many appropriate cultural or formulate a final policy position on this required by the Convention. Quotas artistic uses of accumulated dead issue until the documents are received submitted to the Secretariat should be specimens of Appendix I animals and from the Secretariat. supported by scientific documentation plants. However, the United States also 33. Identification of Corals and in the exporting country, and the recognizes that establishing appropriate Reporting of Coral Trade [Doc. 10.65] Secretariat and Parties should be active mechanisms to ensure that these in utilizing the Significant Trade specimens are only used in the proper This is a United States sponsored Process of review by the Animals context will be very difficult to achieve. resolution. See Federal Register notice Committee to make determinations as to In addition, Conf. 9.10 makes a specific of March 27, 1997, for a rationale whether Parties are appropriately reference to the disposition of explaining the United States submission addressing the scientific needs inherent accumulated dead specimens of of this resolution. in issuing realistic and appropriate non- Appendix I plant species. The proposed 34. Implementation of Article VII, detriment findings. However, this resolution addresses the disposition of Paragraph 2: Pre-Convention Specimens resolution however refers to those specimens of Appendix I species, [Doc. 10.66] quotas that are determined by making no distinction between animal individual exporting countries, and not and plant species. This element of the This is a United States sponsored those quotas that are approved by the proposed resolution increases the resolution. See Federal Register notice Conference of the Parties. At present, United States’ concern regarding the of March 27, 1997 for a rationale the United States is studying the issue establishment of appropriate explaining the United States submission of whether the draft resolution mechanisms to ensure that these of this resolution. submitted by Israel is needed in order specimens are only used in the proper 35. Captive Breeding to interpret the Convention. context, and fully in accordance with the Convention. (a) Implementation of Article VII, 30. Disposal of Stocks of Dead paragraphs 4 and 5 [Doc. 10.67; Doc. Specimens of Appendix I Species [Doc. 31. Marking of CITES Specimens [Doc. 10.68; Doc. 10.69] 10.62] 10.63] The United States submitted The draft resolution would modify This document was submitted by the documents on captive breeding, and Conf. 9.10 in that it recommends that CITES Secretariat on behalf of the these documents are discussed in the confiscated dead specimens of Animals Committee. The Animals March 27, 1997, Federal Register notice. Appendix I species not be destroyed, Committee held discussion related to No additional documents have yet but utilized for all useful purposes in problems of implementation of Conf. been received. At COP9, the Parties accordance with the Convention, in 5.16 which lays out the requirements for directed the Secretariat, working with particular for educational, research or trade in ranched specimens listed in the the Animals Committee, to prepare a Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18791 new resolution consolidating the some other important conservation included live animals in their various extant resolutions dealing with concerns arise from modifying Conf. interpretation of this exemption, and the the determination of whether a 2.13 pursuant to the proposed Secretariat maintains that position specimen is bred-in-captivity, and resolution. First, full species in trade based on Conf. 4.12. The issuance of captive breeding of Appendix I animals could erroneously be declared as separate permits to people with for commercial purposes. When relevant hybrids by traders, in which case, personally owned live animals that documents are received from the effective law enforcement could be cross international borders frequently Secretariat, the United States will difficult. This could be especially (i.e., falconry practitioners, pet owners review them and develop further policy significant regarding the trade in birds who travel, etc.) poses technical and positions as warranted. because of plumage that is highly administrative burdens. In addition, the variable, which may not accurately Service is concerned with the number of (b) Proposals to Register the First reflect the parentage of a particular retroactive permits we have had to issue Commercial Captive-Breeding Operation specimen. Second, it is apparent that a since the United States recognizes the for an Appendix I Animal Species hybrid captive-breeding facility may exemption while other countries do not. No document has yet been received. require supplementation of wild-caught The United States intends to support Under Conf. 8.15, Parties must submit parental stock in order to maintain a the provisions of this resolution. proposals for inclusion of operations given level of hybrid specimen Adoption of this resolution will reduce breeding Appendix I species in captivity productivity. Third, the demand for the administrative burdens to the for commercial purposes. The pure Appendix I specimens will still animal owner and the countries to Secretariat maintains a register of those require the acquisition of wild-caught which the owner enters and exits, while facilities. Proposals are submitted to the stock, which may promote the ensuring marking and monitoring of Secretariat, which circulates them to the laundering of wild-caught specimens movement to prevent illegal activities. Parties. When a Party objects to under the guise of being captive-born or However, despite general support for inclusion of a facility in the Secretariat’s captive-bred hybrids. Lastly, if hybrids the provisions of this resolution, the register, and the objection cannot be are not protected by the more restrictive United States believes that there resolved by the interested Parties, the Appendix, deliberate hybridization remains a need to clarify the following proposal is discussed and voted upon could increase and serve to dilute elements in the resolution: (a) the by the COP (if the proponent country so available blood lines, thereby increasing animals must be accompanied by the wishes). This agenda item will include pressure on wild populations to provide owner; (b) the certificate of ownership discussion of pending proposals. additional genetic material. Australia, must be validated by a Party’s Customs the author of the pending resolution 36. Hybrids or other appropriate authorities on proposal, has concerns over specific import and re-export, and (c) the (a) Amendment to Resolution Conf. 2.13 species in that country and feels this information on the transit of the animals [Doc. 10.70] issue could be satisfactorily addressed in question must be recorded in each This resolution was submitted by with a modification to Conf. 2.13. The Party’s annual report. In addition, the Australia and seeks to clarify the United States believes that such United States supports adoption of this position of animal hybrids. In concerns could be addressed in a resolution only if paragraph n) is accordance with Conf. 2.13, some specific listing proposal. adopted. This provision is to ensure that hybrids may be subject to CITES b) Regulation of Trade in Animal the owner not sell or transfer a live provisions, even though they may not be Hybrids [Doc. 10.71] animal while outside the owner’s usual state of residence under the certificate of specifically included in the Appendices No document has yet been received. ownership. to the Convention, if one or more of the When relevant documentation is parent’s taxa are listed. Accordingly, if received from the Secretariat, the United 39. Live Animals in Traveling Circuses the parents are included on different States will evaluate it and formulate a [Doc. 10.74] Appendices, then the requirements of policy position. the more restrictive appendix apply. Under CITES Article VII, paragraph 7, The proposed resolution would modify 37. Shipments Covered by Customs a Management Authority may waive the this system substantially, by noting that Carnets [Doc. 10.72] permit requirements for the movement a hybridized specimen would only be This is a United States sponsored of live animals that are part of a considered as an Appendix I species if resolution. See Federal Register notice traveling live animal exhibition if the it was the progeny of one or more wild- of March 27, 1997, for a rationale exporter or importer is registered, the caught Appendix I specimens. explaining the United States submission animals qualify as pre-Convention or Hybridized specimens which do not of this resolution. captive-bred, and the animals are meet the criteria would be treated as humanely transported and maintained. Appendix II species, and progeny from 38. Frequent Transborder Movements of At the Eighth Meeting of the Conference hybridized parental stock would be Personally Owned Live Animals [Doc. of the Parties in Kyoto, the Parties treated as if they were not included on 10.73] adopted Conf. 8.16 to correct technical any Appendix to the Convention. This resolution, jointly submitted by problems and prevent fraud in the The United States proposes to oppose Switzerland and Germany, calls for the movement of animals that are part of this resolution. The United States creation of a certificate of ownership to traveling exhibitions. This resolution believes that Conf. 2.13 is effective as accompany CITES-listed animals recommends that Parties issue a pre- written, well balanced in scope, effect, frequently crossing international Convention or captive-bred certificate and intent, and needs no revision. By borders. The United States interprets the for each animal as proof that the animal modifying Conf. 2.13 in the manner term personal or household effects in was registered. The certificates could be outlined in this resolution, additional Article VII, paragraph 3, to include issued for three years and would not be layers of complexity and confusion personally owned live animals that were collected at the border to allow for would be added to the issue of trade in acquired in the owner’s state of usual multiple shipments. Parties need to hybrid animal species. In addition, residence. Other countries have not mark or identify each specimen. 18792 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

This proposed resolution, submitted that circuses should be exempted from Medicine,’’ was submitted by the United by the Russian Federation, considers a the requirements of CITES as long as the Kingdom. circus a part of a nation’s culture which Management Authority finds that the The United States supports the United does not use its animals for primarily animals were legally acquired. This Kingdom’s discussion points as adjuncts commercial purposes. The resolution broad general exemption from the to its own. It is uncertain, however, that would grant circuses which are owned provisions of CITES could have serious a resolution on trade in traditional or funded by governments a ‘‘Certificate implications for the conservation of medicines containing wild species is of Circus Animal.’’ This certificate some species. necessary at this time. The United States could not be issued to private or On the other hand, the United States agrees with the recommendation commercial circuses. The Certificate of supports the use of a passport-type advocating traditional medicine Circus Animal would be proof that the certificate similar to the Annex community participation in CITES both circus is registered; that its specimens presented in the proposed resolution. nationally and internationally. The had been acquired in accordance with The United States also recognizes (61 United States specifically endorses the CITES; and that an Appendix I FR 44332) that there are additional involvement of traditional medicine specimen that is born to the circus or for technical issues in Conf. 8.16 that could communities at the national level in an animal acquired by the circus before be clarified and looks forward to discussions pertinent to traditional transfer from Appendix II to Appendix opportunities to explore these various practices. The United States also I are of legal origin. This Certificate issues. endorses the items which support would be valid for all legal specimens, effective enforcement, research and use not just for pre-Convention or captive- 40. Transport of Live Specimens [Doc. of substitutes and alternatives, bred specimens. 10.75] development of authentication tools for The resolution is an attempt to resolve This is a United States sponsored semi-processed and processed a number of technical problems resolution on behalf of the Animals medicines, conservation awareness encountered by circuses. Currently, Committee. See Federal Register notice programs, and international commitment to conservation, regulatory circuses can obtain certificates for three of March 27, 1997, for a rationale years under Conf 8.16 for pre- and ethical issues. Likewise, the United explaining the United States submission Convention or captive-bred animals. But States supports the United Kingdom’s of this resolution. they need to obtain other permits and positions on (1) encouraging more certificates under Articles IV and V for 41. Designation of Scientific Authorities effective implementation of Conf. 9.13 Appendix II and III wildlife when pre- [Doc. 10.76] and 9.14, (2) encouraging donor support Convention or captive-bred for these issues, and (3) including under This is a United States sponsored requirements are not met. These Conf. 8.4 the review of measures taken resolution. See Federal Register notice documents are valid only for six months by Parties in their national legislation to and cannot be used for multiple of March 27, 1997, for a rationale control the import, export, possession, shipments, requiring a circus to obtain explaining the United States submission sale and use of medicinal products new re-export documents upon exit of this resolution. containing animal and plant species. from each country. The second problem 42. Standard Nomenclature [Doc. 10.77] The United States, however, does not concerns progeny born to circuses that intend to support the recommendation strictly do not meet Conf. 2.12. This is No document has yet been received. of this resolution calling for the of particular concern for traditional When relevant documents are received convening of a technical workshop to circus species, such as the Asian from the Secretariat, the United States establish priority actions for addressing elephant, that are long-lived and slow- will review them and develop a policy CITES-species use within the context of maturing which have not had time to position. traditional medicine. The United States achieve many F2 specimens. The third 43. Information on the Population believes that priorities should first be problem is the continued use of animals Status and Threats to Ovis vignei [Doc. identified at a national level between that were owned by circuses when a 10.78] representatives of traditional medicine species is listed in Appendix II and then communities and animal and plant the species is transferred to Appendix I This is an information document enforcement and CITES authorities. as happened with the African elephant. submitted by the Government of After the identification of national These animals that are in the possession Germany discussing the population priorities, identified concerns could of a circus do not qualify as pre- status and threats to Ovis vignei. The then be elevated for discussion within Convention under Conf. 5.11 and so United States proposes to support the the context of the Conference of the may no longer be used by circuses when effort to resolve the listing status of Ovis Parties. traveling to other countries. vignei and thanks the Government of The United States proposes to oppose Germany for presenting this document. 45. Financing of the Conservation of the basic premises of this resolution. Biodiversity and Development of 44. Traditional Medicines and CITES Sustainable Use of Natural Resources The United States does not believe that [Doc. 10.79 and Doc. 10.80] the CITES Parties should treat circuses [Doc. 10.81] owned or funded by a country’s One of the two documents in this item In order to ensure the sustainable use government differently from circuses is a United States submitted discussion of wildlife resources and to conserve that are privately owned. Although the paper, ‘‘Flora, Fauna and the Traditional biodiversity, this draft resolution would United States recognizes that animals Medicine Community: Working With mandate that the Standing Committee, being moved by circuses are to stay in People To Conserve Wildlife.’’ See in liaison with the Convention on their possession and are not to be sold Federal Register notice of March 27, Biological Diversity (CBD), the Global while the circus is outside its state of 1997, for a rationale explaining the Environmental Facility (GEF), the World usual residence, the United States United States submission of this Conservation Union (IUCN), and each considers circuses to be conducting document. The other discussion paper, Party, study the terms and conditions activities that are primarily commercial. ‘‘Traditional Medicine and CITES: A under which the establishment of a tax The United States also does not agree Discussion of Traditional East Asian on wildlife specimens could be Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18793 implemented and the allocation of such higher taxa on the Appendices to the are presented in a separate Federal taxes. It recommends that the issuance Convention not be made without Register notice. of labels on wildlife and its products be considering negative consequences to XVI. Conclusion of the Meeting subjected to the payment of such a tax. geographically distinct populations. It While being supportive of also recommends the use of annotations 1. Determination of the Time and biodiversity conservation and the on the Appendices to the Convention so Venue of the Next Regular Meeting of sustainable use of wildlife, the United that generalized indicators would be the Conference of the Parties [Doc. States intends to oppose adoption of presented according to the conservation 10.89] this resolution. The United States status and most appropriate No documents have been received opposes the establishment of an management program for each listed from the Secretariat regarding international tax on wildlife use. The species. candidates as host government for COP11. The United States favors text of CITES neither obligates or The United States proposes to oppose holding COP11 in a country where all authorizes Parties to levy any tax, this resolution, but hopes that some of Parties and observers will be admitted whether direct or indirect, on the trade the issues raised can be addressed in the without political difficulties. The in animal or plant species that are Nomenclature Committee. The United included in the Appendices to the United States proposes to support the States believes that this resolution Convention. Nor is there a mechanism holding of COPs on a biennial basis, or, presents a system which would lead to provided in CITES that would as in the case of COP10, after an interval a proliferation of confusing split- administer any funds generated from a of approximately two and one half listings, a provision which is only tax on trade in a manner that would years. occasionally appropriate for CITES ensure sustainable trade and habitat 2. Closing remarks species. There is already adequate conservation. Request for Information and Because the text of the Convention flexibility in the Convention for Parties Comments does not address the issue of taxation, to make decisions as to how they With this notice, the Service invites the United States must oppose the draft manage populations of native species information and comments on the resolution on Constitutional grounds. listed on the Appendices. In addition proposed negotiating position on COP10 The Congress of the United States, Conf. 9.24, Annex 3 (the new listing agenda items. (Comments on which has exclusive jurisdiction over criteria) already adequately addresses amendments to the Appendices of the the passage of any legislation that would the issues associated with split-listings, Convention should be based on the levy taxes on United States entities and in general, discourages their use. Federal Register notice of the same date engaged in international trade, has not This subject was addressed at COP9 as this notice). Information and authorized such taxes to be imposed as through this resolution, and the comments on this present notice should part of the implementation of CITES. submission of this newer resolution be submitted to the Service no later than does not allow for a fair amount of time May 9, 1997. Interested Parties can also 46. Development of an Information for the Parties to implement the terms make verbal or submit written Management Strategy [Doc. 10.82] of 9.24. The subject should not be comments to the Service at the Public The development of an information reconsidered so soon, as the Parties Meeting of April 25, 1997 (See Public management strategy by the Secretariat agreed at COP9 that reconsideration of Meeting, above). was an item of discussion at the 37th the listing criteria should not occur Authors: This notice was prepared by meeting of the Standing Committee. The until COP12, so that there is adequate Bruce J. Weissgold and Dr. Susan S. Secretariat presented a document for experience gained with the use of the Lieberman, Office of Management consideration by the Committee and new listing criteria in 9.24. Authority, United States Fish and described its proposal which involved 48. Proposals Concerning Export Quotas Wildlife Service. the World Conservation Monitoring for Specimens of Appendix I or II Dated: April 11, 1997. Centre (WCMC). The United States Species [Doc. 10.84] Jay L. Gerst, supported the Secretariat’s efforts to Acting Director, U.S. Fish and Wildlife develop a better communication system No document has yet been received. Service. When relevant documentation is between its offices and the Parties to [FR Doc. 97–9925 Filed 4–16–97; 8:45 am] facilitate the distribution of received from the Secretariat, the United BILLING CODE 4310±55±P Notifications to the Parties and other States will evaluate it and formulate a pertinent information. At the Standing policy position. Committee meeting, the United States XV. Consideration of Proposals for DEPARTMENT OF THE INTERIOR requested that the Secretariat prepare a Amendment of Appendices I and II list of Parties and their computer needs (This Item Consists of Four Subitems) Bureau of Land Management to assist developing countries in 1. Proposals Submitted Pursuant to [WO±350±1430±00; OMB Approval Number obtaining the necessary computer 1004±0011] equipment for an information Resolution on Ranching [Doc. 10.85] management system to be put in place. 2. Proposals Resulting from Reviews by Information Collection Submitted to No documents have yet been received the Animals and Plants Committees the Office of Management and Budget from the Secretariat. However, the [Doc. 10.86] for Review Under the Paperwork Secretariat has indicated that it will be Reduction Act preparing a document for COP10 which 3. Proposals Concerning Export Quotas will include the financial implications for Specimens of Appendix I or II The Bureau of Land Management of putting this system into place. Species [Doc. 10.87] (BLM) has submitted the proposed 4. Other Proposals [Doc. 10.88] collection of information listed below to 47. Inclusion of Higher Taxa [Doc. the Office of Management and Budget 10.83] Proposal to amend the appendices (OMB) for approval under the This resolution, submitted by have been received, and tentative U.S. provisions of the Paperwork Reduction Namibia, recommends that the listing of negotiating positions on these proposals Act (44 U.S.C. 3501 et seq.). On March 18794 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

27, 1996, BLM published a notice in the Description of Respondents: 2. The accuracy of BLM’s estimate of Federal Register (61 FR 13515) Individuals applying for a color-of-title the burden of collecting the information, requesting comment on this proposed claim to public lands. Estimated including the validity of the collection. The comment period ended completion time: 1 hour. methodology and assumptions used; on May 28, 1996. BLM received no Annual Responses: 9. 3. The quality, utility and clarity of comments from the public in response Annual Burden Hours: 9. the information to be collected; and to that notice. Copies of the proposed Collection Clearance Officer: Carole 4. How to minimize the burden of collection of information and related Smith, 202–452–0367. collecting the information on those who forms and explanatory material may be Dated: March 12, 1997. are to respond, including the use of obtained by contacting the BLM Dr. Annetta L. Cheek, appropriate automated electronic, clearance officer at the telephone Manager, Regulatory Affairs Group. mechanical, or other forms of number listed below. [FR Doc. 97–9904 Filed 4–16–97; 8:45 am] information technology. OMB is required to respond to this BILLING CODE 4310±84±P Title: Desert-Land Entry (43 CFR request within 60 days but may respond 2520). OMB approval number: 1004– after 30 days. For maximum 0004. consideration your comments and DEPARTMENT OF THE INTERIOR Abstract: The Bureau of Land suggestions on the requirements should Management is proposing to renew the be made within 30 days directly to the Bureau of Land Management approval of an information collection Office of Management and Budget, [WO±350±1430±01±24 1A; OMB Approval for an existing rule at 43 CFR 2520. That Interior Department Desk Officer (1004– Number 1004±0004] rule provides guidelines and procedures 0011), Office of Information and for individuals to make desert-land Regulatory Affairs, Washington, D.C. Information Collection Submitted to entries to reclaim, irrigate, and cultivate 20503, telephone (202) 395–7340. Please the Office of Management and Budget arid and semiarid public lands of the provide a copy of your comments to the for Review Under the Paperwork Western United States under the Desert BLM Clearance Officer (WO–630), 1849 Reduction Act Land Act as amended (43 U.S.C. 231, C Street NW, Mail Stop 401 LS, 321–323, 325, 327–329). The Bureau of Land Management Washington, D.C. 20240. Bureau Form Number: 2520–1. (BLM) has submitted the proposed Frequency: Once. Nature of Comments collection of information listed below to Description of Respondents: We specifically request your the Office of Management and Budget Respondents are individuals. (OMB) for approval under the comments on the following: Estimated Completion Time: 11⁄2 1. Whether the collection of provisions of the Paperwork Reduction hours. information is necessary for the proper Act (44 U.S.C. 3501 et seq.) On March Annual Responses: 9. 28, 1996, BLM published a notice in the functioning of the Bureau of Land Annual Burden Hours: 131⁄2. Management, including whether the Federal Register (61 FR 13866) Collection Clearance Officer: Carole information will have practical utility; requesting comment on this proposed Smith, (202) 452–0367. collection. The comment period ended 2. The accuracy of BLM’s estimate of on May 28, 1996. BLM received no Dated: February 3, 1997. the burden of collecting the information, comments from the public in response Dr. Annetta L. Cheek, including the validity of the to that notice. Copies of the proposed Chief, Regulatory Affairs Group. methodology and assumptions used; collection of information and related 3. The quality, utility, and clarity of [FR Doc. 97–9905 Filed 4–16–97; 8:45 am] forms and explanatory material may be the information to be collected; and BILLING CODE 4310±84±P obtained by contacting the BLM 4. How to minimize the burden of clearance officer at the telephone collecting the information on those who number listed below. (202) 452–0367. DEPARTMENT OF THE INTERIOR are to respond, including the use of OMB is required to respond to this appropriate automated electronic, request within 60 days but may respond Bureau of Land Management mechanical, or other forms of after 30 days. For maximum technology. [WO±350±1430±01±24 1A; OMB Approval consideration your comments and Number 1004±0012] Title: Color-of-title Tax Levy and suggestions on the requirement should Payment Record (43 CFR 2540). OMB be made within 30 days directly to the Information Collection Submitted to approval number: 1004–0011. Office of Management and Budget, the Office of Management and Budget Abstract: The Bureau of Land Interior Department Desk Officer (1004– for Review Under the Paperwork Management is proposing to renew the 0004), Office of Information and Reduction Act approval of an information collection Regulatory Affairs, Washington, D.C., for an existing rule at 43 CFR 2540. That 20503, telephone (202) 395–7340. Please The Bureau of Land Management rule provides for the issuance of a land provide a copy of your comments to the (BLM) has submitted the proposed patent (deed) to eligible individuals, Bureau Clearance Officer (WO–630), collection of information listed below to groups, or corporations who believe 1849 C St., N.W., Mail Stop 401 LS, the Office of Management and Budget they have a valid claim to public lands Washington, D. C. 20240. (OMB) for approval under the under color-of-title. Respondents supply provisions of the Paperwork Reduction identifying information to be used by Nature of Comments Act (44 U.S.C. 3501 et seq.) On March the agency to determine validity of a We specifically request your 22, 1996, BLM published a notice in the color-of-title claim and aid in the comments on the following: Federal Register (61 FR 11861) documentation of tax payments in 1. Whether the collection of requesting comment on this proposed support of the color-of-title application information is necessary for the proper collection. The comment period ended to public lands. functioning of the Bureau of Land on May 21, 1996. BLM received no Bureau Form Number: 2540–3. Management, including whether the comments from the public in response Frequency: Once. information will have practical utility; to that notice. Copies of the proposed Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18795 collection of information and related Dated: February 3, 1997. are to respond, including the use of forms and explanatory material may be Dr. Annetta L. Cheek, appropriate automated electronic, obtained by contacting the BLM Chief, Regulatory Affairs Group. mechanical or other forms of clearance officer at the telephone [FR Doc. 97–9906 Filed 4–16–97; 8:45 am] technology. number listed below. (202) 452–0367. BILLING CODE 4310±84±P Title: Conveyances Affecting Color or OMB is required to respond to this Claim of Title (43 CFR 2540). OMB request within 60 days but may respond approval number: 1004–0010. after 30 days. For maximum DEPARTMENT OF THE INTERIOR Abstract: The Bureau of Land consideration your comments and Management is proposing to renew the suggestions on the requirement should Bureau of Land Management approval of an information collection be made within 30 days directly to the [WO±350±1430±00; OMB Approval Number for an existing rule at 43 CFR 2540. That Office of Management and Budget, 1004±0010] rule provides for the issuance of a land Interior Department Desk Officer (1004– patent (deed) to eligible individuals, 0012), Office of Information and Information Collection Submitted to groups, or corporations who believe Regulatory Affairs, Washington, D.C., the Office of Management and Budget they have a valid claim to public lands 20503, telephone (202) 395–7340. Please for Review Under the Paperwork under color-of-title. Respondents supply provide a copy of your comments to the Reduction Act identifying information to be used by Bureau Clearance Officer (WO–630), the agency to determine the validity of The Bureau of Land Management a color-of-title claim to public lands. 1849 C St., N.W., Mail Stop 401 LS, (BLM) has submitted the proposed Washington, D.C. 20240. Bureau Form Number: 2540–2. collection of information listed below to Frequency: Once. Nature of Comments: the Office of Management and Budget Description of Respondents: (OMB) for approval under the Individuals applying for a color-of-title We specifically request your provisions of the Paperwork Reduction comments on the following: claim to public lands. Estimated Act (44 U.S.C. 3501 et seq.). On March completion time: 1 hour. 1. Whether the collection of 28, 1996, BLM published a notice in the Annual Responses: 9. information is necessary for the proper Federal Register (61 FR 13867) Annual Burden Hours: 9. functioning of the Bureau of Land requesting comment on this proposed Collection Clearance Officer: Carole Management, including whether the collection. The comment period ended Smith, (202) 452–0367. information will have practical utility; on May 28, 1996. BLM received no Dated: March 21, 1997. 2. The accuracy of BLM’s estimate of comments from the public in response the burden of collecting the information, to that notice. Copies of the proposed Dr. Annetta L. Cheek, including the validity of the collection of information and related Manager, Regulatory Affairs Group. methodology and assumptions used; forms and explanatory material may be [FR Doc. 97–9907 Filed 4–16–97; 8:45 am] 3. The quality, utility and clarity of obtained by contacting the BLM BILLING CODE 4310±84±P the information to be collected; and clearance officer at the telephone number listed below. 4. How to minimize the burden of OMB is required to respond to this DEPARTMENT OF THE INTERIOR collecting the information on those who request within 60 days but may respond are to respond, including the use of after 30 days. For maximum Bureau of Land Management appropriate automated electronic, consideration your comments and mechanical, or other forms of [WO±350±1430±00; OMB Approval Number suggestions on the requirements should 1004±0029] information technology. be made directly to the Office of Title: Recreation and Public Purposes Management and Budget, Interior Information Collection Submitted to Act (43 CFR 2740). OMB approval Department Desk Officer (1004–0010), the Office of Management and Budget number: 1004–0012. Office of Information and Regulatory for Review Under the Paperwork Abstract: The Bureau of Land Affairs, Washington, D.C. 20503, Reduction Act Management is proposing to renew the telephone (202) 395–7340. Please The Bureau of Land Management approval of an information collection provide a copy of your comments to the (BLM) has submitted the proposed for an existing rule at 43 CFR 2740. That BLM Clearance Officer (WO–630), 1849 collection of information listed below to rule provides guidelines and procedures C Street, NW, Mail Stop 401 LS, the Office of Management and Budget for the transfer of certain public lands Washington, D.C. 20240. (OMB) for approval under the under the Recreation and Public Nature of Comments: provisions of the Paperwork Reduction Purposes Act as amended (43 U.S.C. 869 Act (44 U.S.C. 3501 et seq.). On April seq.) We specifically request your comments on the following: 17, 1996, BLM published a notice in the Bureau Form Number: 2740–1. 1. Whether the collection of Federal Register (61 FR 16805) Frequency: Once. information is necessary for the proper requesting comment on this proposed Description of Respondents: functioning of the Bureau of Land collection. The comment period ended Respondents are State and local Management, including whether the on June 17, 1996. BLM received no governments, and nonprofit information will have practical utility; comments from the public in response corporations and associations. 2. The accuracy of BLM’s estimate of to that notice. Copies of the proposed Estimated Completion Time: 40 the burden of collecting the information, collection of information and related hours. including the validity of the forms and explanatory material may be methodology and assumptions used; obtained by contacting the BLM Annual Responses: 42. 3. The quality, utility, and clarity of clearance officer at the telephone Annual Burden Hours: 1,680. the information to be collected; and number listed below. Collection Clearance Officer: Carole 4. How to minimize the burden of OMB is required to respond to this Smith, (202) 452–0367. collecting the information on those who request within 60 days but may respond 18796 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices after 30 days. For maximum DEPARTMENT OF THE INTERIOR Chairperson of the Subsistence Resource consideration your comments and Commission for Gates of the Arctic suggestions on the requirements should Minerals Management Service National Park announce a forthcoming be made within 30 days directly to the meeting of the Gates of the Arctic Office of Management and Budget, Agency Information Collection National Park Subsistence Resource Interior Department Desk Officer (1004– Activities: Submitted for Office of Commission. 0029), Office of Information and Management and Budget Review; The following agenda items will be Regulatory Affairs, Washington, D.C. Comment Request discussed: 20503, telephone (202) 395–7340. Please The proposal for the collection of (1) Call to order. provide a copy of your comments to the information listed below has been (2) Roll call. BLM Clearance Officer (WO–630), 1849 submitted to the Office of Management (3) Approval of summary of meeting C Street NW, Mail Stop 401 LS, and Budget for reapproval under the minutes for May 15–17, 1996, and Washington, D.C. 20240. provisions of the Paperwork Reduction November 12–14, 1996. Nature of Comments Act (44 U.S.C. Chapter 35). Copies of the (4) Review agenda. proposed information collection (5) Superintendent’s introductions of We specifically request your requirement and related forms and guests and staff and review of comments on the following: explanatory material may be obtained Commission function and purpose. 1. Whether the collection of by contacting Dennis C. Jones at (303) (6) Superintendent’s management/ information is necessary for the proper 231–3046. Comments and suggestions research reports: functioning of the Bureau of Land on the requirement should be made a. Administration and management. Management, including whether the directly to the Bureau Clearance Officer b. Park operations. information will have practical utility; at the telephone number listed below, c. Resource management. 2. The accuracy of BLM’s estimate of and to the OMB Paperwork Reduction d. Subsistence program. the burden of collecting the information, Project (1010–0064), Washington, D.C. (7) Public and agency comments. 20503, telephone number (202) 395– including the validity of the (8) Old business: 7340. methodology and assumptions used; a. Correspondence. Dates: Written comments should be 3. The quality, utility, and clarity of b. Federal Subsistence Program received on or before May 19, 1997. the information to be collected; and update. Title: Payor Information Form, Solid c. Discussion of specific issues within 4. How to minimize the burden of Minerals. collecting the information on those who the draft NPS Subsistence Issues OMB Approval Number: 1010–0064. Paper. are to respond, including the use of Abstract: The Minerals Management d. Review status of revised Hunting appropriate automated electronic, Service (MMS) Royalty Management Plan Recommendation #12: mechanical, or other forms of Program (RMP) is proposing to continue Residency Requirement for Cabin technology. collecting certain information from Use on Public Land. royalty payors on Federal or Indian Title: Color-of-Title Application (43 e. Shared North Slope Borough/NPS mineral leases in order to establish and CFR 2540). OMB approval number: position in Anaktuvuk Pass. 1004–0029. maintain a database consisting of royalty information and reference data. f. Kobuk River sheefish harvest. Abstract: The Bureau of Land (9) New business: Management is proposing to renew the Bureau Form Numbers: MMS–4030. Frequency: As submitted by lessee. a. Other park SRC actions. approval of an information collection b. Subsistence eligibility. for an existing rule at 43 CFR 2540. That Description of Respondents: Royalty payors on Federal and Indian mineral c. Work Session: Subsistence rule provides for the issuance of a land Management Plan. patent (deed) to eligible individuals, leases. Estimated Completion Time: .33 (10) Set time and place of next SRC groups, or corporations who believe meeting. they have a valid claim to public lands hours. Annual Responses: 130. (11) Adjournment. under color-of-title. Respondents supply Annual Burden Hours: 173 hours. identifying information to be used by DATES: The meeting will be held Bureau Clearance Officer: Joanne the agency to determine validity of a Tuesday through Thursday, April 29- Lauterbach, (202) 208–7744. color-of-title claim to public lands. May 1, 1997. The meeting will be from 1 p.m. to 5:00 p.m. Tuesday, 8:30 a.m. Bureau Form Number: 2540–1. Dated April 14, 1997. Donald Sant, to 5:00 p.m. Wednesday, and from 8:30 Frequency: Once. (Acting) Associate Director for Royalty a.m. to noon on Thursday. Description of Respondents: Management. LOCATION: The meeting will be held at Individuals applying for a color-of-title [FR Doc. 97–9984 Filed 4–16–97; 8:45 am] Sophie Station Hotel in Fairbanks, claim to public lands. Estimated BILLING CODE 4310±MR±P Alaska. completion time: 15 minutes. FOR FURTHER INFORMATION CONTACT: Annual Responses: 9. David Mills, Superintendent, Gates of DEPARTMENT OF THE INTERIOR Annual Burden Hours: 2.25. the Arctic National Park and Preserve, P.O. Box 74680, Fairbanks, Alaska Collection Clearance Officer: Carole National Park Service 99707. Phone (907) 456-0281. Smith, 202–452–0367. Subsistence Resource Commission SUPPLEMENTARY INFORMATION: The Dated: March 25, 1997. Meeting Subsistence Resource Commissions are Dr. Annetta L. Cheek, authorized under Title VIII, Section 808, Manager, Regulatory Affairs Group. AGENCY: National Park Service, Interior. of the Alaska National Interest Lands [FR Doc. 97–9908 Filed 4–16–97; 8:45 am] SUMMARY: The Superintendent of Gates Conservation Act, Public Law 96-487, BILLING CODE 4310±84±P of the Arctic National Park and the and operate in accordance with the Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18797 provisions of the Federal Advisory to the Director, Office of Management control benefits. This number reflects Committees Act. and Budget, and to the Congress a the amount of damages from flooding Judith C. Gottlieb, strategic plan for program activities no predicted to have occurred if Acting Regional Director. later than September 30, 1997. The plan Reclamation facilities had not been in [FR Doc. 97–9956 Filed 4–16–97; 8:45 am] is to contain: place. (1) A comprehensive mission BILLING CODE 4310±70±M Reclamation projects stimulate an statement covering the major functions estimated $24 billion in economic and operations of the agency; activity each year. Benefits in (2) General goals and objectives, DEPARTMENT OF THE INTERIOR agriculture, recreation, power including outcome-related goals dependent industries, municipal and objectives, for the major functions and Bureau of Reclamation industrial water service, and other operations of the agency; related areas, including the construction Development of Strategic Plan for the (3) A description of how the goals and industry, are the direct result of Bureau of Reclamation, Pursuant to objectives are to be achieved, including Reclamation management of a finite, but the Government Performance and a description of the operational variable natural yearly water supply. Results Act of 1993 processes, skills and technology, and the human, capital, information, and These multipurpose benefits generate AGENCY: Bureau of Reclamation, other resources required to meet those about $5 billion in State and Federal tax Interior. goals and objectives; revenues. An estimated 700,000 person- ACTION: Request for comments. (4) A description of how the years of employment are produced each performance goals included in the plan year as a result of the Reclamation SUMMARY: The Government Performance required by section 1115(a) of title 31 program. and Results Act of 1993 (GPRA) requires shall be related to the general goals and The Reclamation program was created the Bureau of Reclamation objectives in the strategic plan; by the Reclamation Act of 1902 to (Reclamation) and other Federal (5) An identification of those key reclaim the arid West and to provide agencies to set strategic goals, measure factors external to the agency and economic stability in the 17 western performance, and report on results. It beyond its control that could states by developing irrigation projects. requires development, no later than the significantly affect the achievement of Over time, these single purpose projects end of fiscal year 1997, of a 5-year the general goals and objectives; and gave way to the development and strategic plan, to include the (6) a description of the program construction of multipurpose water organization’s mission statement, evaluations used in establishing or resources projects. Over the past 90 plus identify its long-term strategic goals, revising general goals and objectives, years, the Federal Government has and describe how it intends to achieve with a schedule for future program invested more than $16 billion in its goals. The Act also requires that in evaluations. Reclamation projects, 80 percent of developing its Strategic Plan, that Strategic Plan Summary which is subject to repayment to the Reclamation solicit and consider the U.S. Treasury (although often without ideas of those potentially affected by or The Bureau of Reclamation Strategic interest). Project beneficiaries pay for interested in the Strategic Plan. This Plan also provides the framework for annual operation and maintenance notice asks for public comment Reclamation’s implementation of the costs. In addition, Reclamation is concerning the development of the other parts of the Act, including responsible for securing the safety of its Bureau of Reclamation’s Strategic Plan development of annual performance dams and ensuring that Reclamation for the years 1997–2002. plans, and annual program performance facilities are maintained, operated, and DATES: Comments must be received by reports that compare actual performance repaired in a manner that assures May 9, 1997. to the annual goals. project purposes are reliably met. Reclamation is the largest water ADDRESSES: Written comments should resources management agency in the With a major network of water supply be directed to Karen Pedone, GPRA West, administering or operating 348 and power generation facilities in place Program Manager, W–6300, Bureau of reservoirs (with a total storage capacity and settlement of the West Reclamation, 1849 C Street NW., of 245 million acre-feet), 58 accomplished, public interest has Washington, DC 20240. hydroelectric powerplants, and more shifted to concern for the efficient use FOR FURTHER INFORMATION CONTACT: than 300 recreation sites. With these of already developed water supplies, the Karen Pedone, (202) 208–4972. Copies facilities, Reclamation delivers water to protection of social and environmental may be obtained by contacting your over 31 million people and about 10 values, and the protection of the Federal local Reclamation office or by calling million acres of irrigated land or about investment and infrastructure. As a Karen Pedone. one-third of the irrigated acreage in the corollary, Reclamation’s emphasis has evolved from narrowly focused project SUPPLEMENTARY INFORMATION: West; generates more than 40 billion kilowatt hours of energy each year, development to the broadest aspects of Statutory Background making it the Nation’s second largest contemporary water and related The Government Performance and producer of hydroelectric power and the resources management and protection. Results Act of 1993, Public Law 103–62 fifth largest electric producer (based on The transition from a development was enacted to make Federal programs generating capacity) in the West; emphasis to a resources management more effective and publicly accountable provides water-based recreation orientation has involved several years of by targeting results, service quality, and activities for about 90 million visitors a introspection and change. In the mid- customer satisfaction. Other statutory year; provides water supplies to support 1980’s, Reclamation undertook an goals were to improve Congressional habitat for wildlife refuges, migratory agency-wide assessment and published decisionmaking and to improve internal waterfowl, anadramous and resident the findings in a public document: management of the Federal Government. fish, and endangered and threatened ‘‘Assessment ’87 * * * A New Direction Section 306 of title 5, United States species; and provides flood control for the Bureau of Reclamation.’’ That Code, requires that Reclamation submit including $414 million in 1995 in flood document concluded that Reclamation’s 18798 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

** * mission must change from one based achievements in light of intended Electronic Access on Federally supported construction to one results. The Bureau of Reclamation draft based on effective and environmentally In addition to objective, tangible sensitive resource management. Strategic Plan may be reviewed in its measures of Reclamation-wide entirety on the World Wide Web at Based upon that conclusion and further performance, the agency will report on www.usbr.gov/Events/public- introspection over the next 4 years, selected activities that demonstrate involve.html. Reclamation adopted a new mission progress. Because much of the on-the- statement in 1992—a mission statement ground mission is focused on managing Dated: April 14, 1997. which will lead us into our second a finite but highly variable water supply Karen Pedone, century of service to the Nation. across the 17 western states, GPRA Program Manager. In 1993, Reclamation’s ‘‘Blueprint for Reclamation must consider individual [FR Doc. 97–9977 Filed 4–16–97; 8:45 am] Reform’’ solidified this change in situations as well as the overall picture BILLING CODE 4310±94±P mission by establishing contemporary to understand how well it is managing program priorities, functional a finite water supply among competing realignments, and streamlined operating demands, multiple project purposes, DEPARTMENT OF THE INTERIOR and national and international policies processes throughout Reclamation. Bureau of Reclamation Specifically, the ‘‘Blueprint for Reform’’ and priorities. called for the delegation of decision- Mission Statement Bay-Delta Advisory Council's making authority to the lowest practical Ecosystem Roundtable Meeting organizational level, reductions in The mission of the Bureau of organizational layering and the number Reclamation is to manage, develop, and AGENCY: Bureau of Reclamation, of supervisory personnel, streamlining protect water and related resources in Interior. regulations, and revision of program and an environmentally and economically ACTION: Notice of meeting. budget execution processes to reflect the sound manner in the interest of the SUMMARY: current mission and programs. American public. The Bay-Delta Advisory Council’s (BDAC) Ecosystem Collectively, the implementation of Mission Goals and Strategies these changes would enable Roundtable will meet to discuss several Reclamation to become a more efficient Mission Objective I—Manage, Develop, issues including: project selection and effective agency, that is more and Protect Water and Related criteria, output from the technical responsive to its modern mission and its Resources teams, development of the annual customers. workplan, public outreach and funding Strategy 1—Manage Water and Related coordination. This meeting is open to Strategic Planning Process Resources the public. Interested persons may make Strategy 2—Facilities Operation The Strategic Plan has been oral statements to the Ecosystem Strategy 3—Facilities Maintenance and developed around a framework of Roundtable or may file written Rehabilitation Reclamation’s three essential mission statements for consideration. Strategy 4—Dam Safety objectives, desired long-term outcomes, DATES: The Bay-Delta Advisory and 5-year strategic goals linked to more Strategy 5—Efficient Use of Water Council’s Ecosystem Roundtable tactical strategies to guide the agency in (Conserve Water) meeting will be held from 1:00 a.m. to attaining mission objectives. These Strategy 6—Water Quality 4:00 p.m. on Wednesday, April 30, strategies will enable Reclamation to Strategy 7—Complete Projects Under 1997. implement measurable and Construction ADDRESS: The Ecosystem Roundtable demonstrable annual program Strategy 8—Indian Water and Related will meet in Room 1131, Resources performance goals. Accomplishments Resources Management Building, 1416 Ninth Street, will be measured through the use of 5- Strategy 9—Fulfill Obligations to Indian Sacramento, CA. year strategic goals and strategies as Tribes CONTACT PERSON FOR MORE INFORMATION: program measures. Both the 5-year Strategy 10—Research and Technology Cindy Darling, CALFED Bay-Delta strategic goals and the annual goals will Development Program, at (916) 657–2666. If be described in the annual plans. With Mission Objective II: Protect the reasonable accommodation is needed sufficient resources and the ability to Environment due to a disability, please contact the effectively deal with factors beyond the Equal Employment Opportunity Office agency’s control, the annual goals will Strategy 11—Fish and Wildlife at (916) 653–6952 or TDD (916) 653– be accomplished leading ultimately to Strategy 12—Enhance Recreational 6934 at least one week prior to the the achievement of the progressive Opportunities meeting. levels of 5-year, outcome, and mission Strategy 13—Federal Land Interests SUPPLEMENTARY INFORMATION: The San goals set forth in the Strategic Plan. Mission Objective III: Improve our Francisco Bay/Sacramento-San Joaquin In forthcoming annual plans, Business Practices and Increase Delta Estuary (Bay-Delta system) is a Reclamation’s performance indicators Productivity of our Employees critically important part of California’s will be used for assessing the results of natural environment and economy. In program activities. They will help Strategy 14—Use Common Sense recognition of the serious problems Reclamation determine whether it has Business Approaches facing the region and the complex met its objectives and achieved desired Strategy 15—Implement Programmatic resource management decisions that results. Measures may be expressed in Budgeting and Accountability must be made, the state of California the form of outputs—the more Strategy 16—Recover Federal and the Federal government are working traditional quantitative and qualitative Investments together to stabilize, protect, restore, ways of describing work products—or Strategy 17—Diverse, Skilled Workforce and enhance the Bay-Delta system. The they may be in the form of outcomes— Excellence State and Federal agencies with measures designed to show a program’s Strategy 18—Improve Customer Service management and regulatory Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18799 responsibilities in the Bay-Delta system DEPARTMENT OF LABOR to protect the health of workers resulted are working together as CALFED to in the implementation of many provide policy direction and oversight Occupational Safety and Health requirements that significantly reduced for the process. Administration occupational diseases in the workplace. One area of Bay-Delta management Among others, she was responsible for Susan Harwood Training Grant developing the standards for bloodborne includes the establishment of a joint Program pathogens, cotton dust, benzene, State-Federal process to develop long- formaldehyde, asbestos and lead in term solutions to problems in the Bay- AGENCY: Occupational Safety and Health Administration (OSHA), Labor. construction, and the guidelines for Delta system related to fish and wildlife, tuberculosis, all of which have had water supply reliability, natural ACTION: Notice of availability of funds and request for grant applications. lasting impact on the health of workers. disasters, and water quality. The intent The Susan Harwood Training Grant is to develop a comprehensive and SUMMARY: The Occupational Safety and Program commemorates her exceptional balanced plan which addresses all of the Health Administration (OSHA) awards services to occupational health. resource problems. This effort, the funds to nonprofit organizations to CALFED Bay-Delta Program (Program), conduct safety and health training and What is the Purpose of the Program? is being carried out under the policy education in the workplace. Its grant Susan Harwood Training Grants direction of CALFED. The CALFED Bay- program, formerly called the Targeted provide funds to train workers and Delta Program is exploring and Training Program, has been renamed the employers to recognize, avoid, and developing a long-term solution for a Susan Harwood Training Grant prevent safety and health hazards in cooperative planning process that will Program. This notice announces grant their workplaces. The program determine the most appropriate strategy availability for training in safety and emphasizes three areas. • and actions necessary to improve water health programs for small businesses, Educating workers and employers quality, restore health to the Bay-Delta ergonomics, scaffolding, and workplace in small businesses. A small business ecosystem, provide for a variety of violence. The notice describes the scope has 250 or fewer workers. • Training workers and employers beneficial uses, and minimize Bay-Delta of the grant program and provides information about how to get detailed about new OSHA standards. system vulnerability. A group of citizen grant application instructions. • Training workers and employers advisors representing California’s Applications should not be submitted about high risk activities identified by agricultural, environmental, urban, without the applicant first obtaining the OSHA or as part of an OSHA special business, fishing, and other interests detailed grant application instructions emphasis program. who have a stake in finding long term mentioned later in the notice. Grantees are expected to develop solutions for the problems affecting the Authority for this program may be training and/or educational programs Bay-Delta system has been chartered found in section 21(c) of the that address one of the targets named by under the Federal Advisory Committee Occupational Safety and Health Act of OSHA (see below), recruit workers and Act (FACA) as the Bay-Delta Advisory 1970 (29 U.S.C. 670). employers for the training, and conduct Council (BDAC) to advise CALFED on DATES: Applications must be received the training. Grantees will also be the program mission, problems to be by June 13, 1997. expected to follow-up with people who have been trained to find out what, if addressed, and objectives for the ADDRESSES: Grant applications may be CALFED Bay-Delta Program. BDAC submitted to the OSHA Office of any, changes were made to reduce provides a forum to help ensure public Training and Education, Division of hazards in their workplaces as a result participation, will review reports and Training and Educational Programs, of the training. other materials prepared by CALFED 1555 Times Drive, Des Plaines, Illinois What are the Training Topics this Year? staff. BDAC has established a 60018. The purpose of this notice is to subcommittee called the Ecosystem FOR FURTHER INFORMATION CONTACT: announce that funds are available for Roundtable to provide input on annual Ronald Mouw, Chief, Division of grants. Each grant application must workplans to implement ecosystem Training and Educational Programs, or address one of the following target restoration projects and programs. Helen Beall, Training Specialist, OSHA areas. Minutes of the meeting will be Office of Training and Education, 1555 1. Safety and health programs for maintained by the CALFED Bay-Delta Times Drive, Des Plaines, Illinois 60018, small businesses. OSHA is interested Program, Suite 1155, 1416 Ninth Street, telephone (847) 297–4810, e-mail not only in training small businesses Sacramento, CA 95814, and will be [email protected]. about safety and health, but in assisting available for public inspection during SUPPLEMENTARY INFORMATION: The them to implement safety and health regular business hours, Monday through program previously known as the programs. Applications addressing this Friday within 30 days following the Targeted Training Program is being target should include provisions for renamed the Susan Harwood Training meeting. following up with trainees to help them Grant Program in memory of Susan put what they have learned to use in Dated: April 9, 1997. Harwood, an OSHA employee who died their workplaces. A small business is a Kirk Rodgers, in 1996. Ms. Harwood, who had a Ph.D. firm with 250 or fewer employees. Acting Regional Director, Mid-Pacific Region. in microbiology and immunology, was 2. Ergonomics. This training should [FR Doc. 97–9901 Filed 4–16–97; 8:45 am] an outstanding figure in the world of be designed to inform workers and workplace safety and health. She was a employers about ergonomic hazards, BILLING CODE 4310±94±M dedicated OSHA employee from 1979 how to recognize them, and how to until her death. She spent her last eight abate them. years as Director of the Office of Risk 3. Scaffolding. Applications for this Assessment in the Directorate of Health topic should provide training in the Standards Programs. Ms. Harwood’s hazards of scaffolding on construction leadership role in developing standards sites and how to abate them. Training 18800 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices should be based on OSHA’s scaffolding newsletters and instructional programs, • 29 CFR part 96 and OMB Circular standard (29 CFR 1926 Subpart L) that have not been reviewed by OSHA A–133, which provide information published on August 30, 1996. for technical accuracy. about audit requirements. 4. Workplace violence. This training 4. Activities that address issues other 3. Certifications. All applicants will should address the prevention of than recognition, avoidance, and be required to certify to a drug-free violence in the workplace. In selecting prevention of unsafe or unhealthy workplace in accordance with 29 CFR applications for grant award, OSHA will working conditions. Examples include part 98, to comply with the New give preference to those that provide workers’ compensation, first aid, and Restrictions on Lobbying published at training for workers and employers of publication of materials prejudicial to 29 CFR part 93, to make a certification commercial establishments at risk at labor or management. regarding the debarment rules at 29 CFR night, particularly 24-hour workplaces 5. Activities that provide assistance to part 98, and to complete a special such as retail stores, gas stations, and workers in arbitration cases or other lobbying certification. restaurants. actions against employers, or that 4. Matching share. The program requires the grantee to provide a Who is Eligible to Apply for a Grant? provide assistance to employers and/or workers in the prosecution of claims matching share. Grant recipients are to Any nonprofit organization that is not against Federal, State or local provide a minimum of 20% of the total an agency of a State or local government governments. grant budget. This match may be in- is eligible to apply. However, State or kind, rather than a cash contribution. 6. Activities that directly duplicate local government supported institutions For example, if the Federal share of the services offered by OSHA, a State under of higher education are eligible to apply grant is $80,000 (80% of the grant), then a State Plan, or consultation programs in accordance with 29 CFR 97.4(a)(1). the matching share will be $20,000 provided by State designated agencies Applicants other than State or local (20% of the grant), for a total grant of under section 7(c)(1) of the government supported institutions of $100,000. The matching share may Occupational Safety and Health Act. higher education will be required to exceed 20%. submit evidence of nonprofit status, 7. Activities intended to generate preferably from the IRS. membership in the grantee’s How are Applications Reviewed and A consortium of two or more eligible organization. This includes activities to Rated? applicants is also eligible to apply. Each acquaint nonmembers with the benefits Grant applications will be reviewed consortium must have a written of membership, inclusion of by OSHA staff and the review results agreement that spells out roles and membership appeals in materials presented to the Assistant Secretary responsibilities for each consortium produced with grant funds, and who will make the selection of member and names one member as the membership drives. organizations to be awarded grants. lead agency. The lead agency will What Other Grant Requirements are Preference will be given to receive the grant and be responsible for There? applications that plan to conduct train- grant administration. the-trainer programs. Applicants are 1. OSHA review of educational encouraged to include managers and/or What Can Grant Funds be Spent On? materials. Educational materials supervisors in their training. In general, Grant funds can be spent on the produced by the grantee will be applications that propose to serve a following. reviewed by OSHA for technical single employer will not be selected, • Conducting training. accuracy during development and since OSHA is interested in reaching • Conducting other activities that before final publication. OSHA will also multiple employers with each grant reach and inform workers and review curriculums and purchased awarded. employers about occupational safety training materials for accuracy before The following factors will be and health hazards and hazard they are used. considered in evaluating grant abatement. When grant recipients produce applications. • Developing educational materials training materials, they will provide 1. Program Design for use in the training. copies of completed materials to OSHA • Sharing educational materials with before the end of the grant period. a. The proposed training and others in the industry to which the OSHA has a lending program that education program addresses one of the materials apply. circulates grant-produced audiovisual following targets. Are There Restrictions on How Grant materials. Grant recipients’ audiovisual i. Safety and health programs for Funds Can be Spent? materials will be included in this small businesses. lending program. ii. Ergonomics. OSHA will not provide funding for 2. OMB and regulatory requirements. iii. Scaffolding. the following activities. Grantees will be required to comply iv. Workplace violence. 1. Any activity that is inconsistent b. The proposal plans to train workers with the following documents. with the goals and objectives of the • and/or employers and clearly states the Occupational Safety and Health Act of 29 CFR part 95, which covers grant numbers to be trained. 1970. requirements for nonprofit c. The proposal contains a train-the- 2. Training involving workplaces that organizations, including universities trainer program, and the numbers to be are not covered by the Occupational and hospitals. These are the Department trained by these trainers are clearly Safety and Health Act. Examples of Labor regulations implementing OMB stated. include state and local government Circular A–110. d. The planned activities are workers in non-State Plan States and • OMB Circular A–21, which appropriate for the workers and/or workers covered by section 4(b)(1) of the describes allowable and unallowable employers to be trained. Act. costs for educational institutions. e. There is a plan to recruit trainees 3. Production, publication, • OMB Circular A–122, which for the program. reproduction or use of training and describes allowable and unallowable f. If the proposal includes developing educational materials, including costs for other nonprofit organizations. educational materials, there is a plan for Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18801 making these materials available in the depending on whether there are funds DEPARTMENT OF LABOR industry to which they apply. available, there is still a need for the g. There is a plan to evaluate the training, and the grantee has performed Pension and Welfare Benefits program’s effectiveness and this satisfactorily. Administration includes plans to follow-up with trainees to see if the training resulted in How Do I Get a Grant Application [Prohibited Transaction Exemption 97±22; workplace change. Package? Exemption Application No. D±10285 thru D± h. The planned work can be 10287, et al.] Grant application instructions may be accomplished in one year. obtained from the OSHA Office of Grant of Individual Exemptions; 2. Program Experience Training and Education, Division of General Electric Pension Trust (The GE a. The organization applying for the Training and Educational Programs, Trust), et al. grant has experience with occupational 1555 Times Drive, Des Plaines, Illinois AGENCY: Pension and Welfare Benefits safety and health. 60018. The application instructions are Administration, Labor. b. The organization applying for the also available at http://www.osha.gov/ grant has experience training adults in training/. ACTION: Grant of individual exemptions. work-related subjects. When and Where are Applications to be SUMMARY: This document contains c. The staff to be assigned to the exemptions issued by the Department of project have experience in (1) Sent? Labor (the Department) from certain of occupational safety and health, (2) the The application deadline is 4:30 p.m. the prohibited transaction restrictions of specific target chosen, and (3) training Central Time, June 13, 1997. the Employee Retirement Income adults. Security Act of 1974 (the Act) and/or d. The organization applying for the Applications can be mailed to the the Internal Revenue Code of 1986 (the grant has experience in recruiting and Division of Training and Educational Code). training the population it proposes to Programs, OSHA Office of Training and Notices were published in the Federal serve under the grant. Education, 1555 Times Drive, Des Plaines, IL 60018. Applications will not Register of the pendency before the 3. Administrative Capability be accepted by fax. Department of proposals to grant such a. The applicant organization has had exemptions. The notices set forth a experience managing a variety of How Will I be Told if My Application summary of facts and representations programs. Was Selected? contained in each application for exemption and referred interested b. The applicant organization has Organizations selected as grant administered a number of different persons to the respective applications recipients will be notified by a for a complete statement of the facts and Federal and/or State grants over the past representative of the Assistant five years. representations. The applications have Secretary, usually from an OSHA c. The application is complete, been available for public inspection at Regional Office. An applicant whose including forms, budget detail, narrative the Department in Washington, D.C. The and workplan, and required proposal is not selected will be notified notices also invited interested persons attachments. in writing. to submit comments on the requested Notice that an organization has been exemptions to the Department. In 4. Budget selected as a grant recipient does not addition the notices stated that any a. The budgeted costs are reasonable. constitute approval of the grant interested person might submit a b. The proposed non-Federal share is application as submitted. Before the written request that a public hearing be at least 20% of the total budget. actual grant award, OSHA will enter held (where appropriate). The c. The budget complies with Federal into negotiations concerning such items applicants have represented that they have complied with the requirements of cost principles (which can be found in as program components, funding levels, the notification to interested persons. applicable OMB Circulars) and with and administrative systems. If the OSHA budget requirements contained No public comments and no requests for negotiations do not result in an a hearing, unless otherwise stated, were in the grant application instructions. acceptable submittal, the Assistant d. The cost per trainee is less than received by the Department. Secretary reserves the right to terminate $500 and the cost per training hour is The notices of proposed exemption the negotiation and decline to fund the reasonable. were issued and the exemptions are In addition to the factors listed above, proposal. being granted solely by the Department the Assistant Secretary will take other Signed at Washington, DC, this 10th day of because, effective December 31, 1978, items into consideration, such as the April 1997. section 102 of Reorganization Plan No. geographical distribution of the grant Greg Watchman, 4 of 1978 (43 FR 47713, October 17, 1978) transferred the authority of the programs and the coverage of Acting Assistant Secretary of Labor. populations at risk. Secretary of the Treasury to issue [FR Doc. 97–9874 Filed 4–16–97; 8:45 am] exemptions of the type proposed to the How much money is available for BILLING CODE 4510±26±P Secretary of Labor. grants? Statutory Findings There is approximately $1,900,000 available for this program. The average In accordance with section 408(a) of Federal award will be $100,000. the Act and/or section 4975(c)(2) of the Code and the procedures set forth in 29 How Long Are Grants Awarded For? CFR Part 2570, Subpart B (55 FR 32836, Grants are awarded for twelve-month 32847, August 10, 1990) and based upon periods. Grants may be renewed for the entire record, the Department makes additional twelve-month periods the following findings: 18802 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

(a) The exemptions are administratively of its affiliates, or any other party in EFFECTIVE DATE: This exemption is feasible; interest with respect to the GE Trust. effective as of August 7, 1996. (b) They are in the interests of the plans For a more complete statement of the and their participants and beneficiaries; and For a more complete statement of the facts and representations supporting the facts and representations supporting the (c) They are protective of the rights of the Department’s decision to grant this participants and beneficiaries of the plans. Department’s decision to grant this exemption refer to the Notice of proposed exemption, refer to the notice General Electric Pension Trust (The GE Proposed Exemption published on of proposed exemption published on Trust), Located in Fairfield, November 13, 1996 at 61 FR 58241. February 18, 1997, at 62 FR 7273. Connecticut FOR FURTHER INFORMATION CONTACT: [Prohibited Transaction Exemption 97–22 Janet L. Schmidt of the Department, FOR FURTHER INFORMATION CONTACT: Mr. Exemption Application Nos. D–10285 thru telephone (202) 219–8883 (This is not a C. E. Beaver of the Department, D–10287] toll-free number.) telephone (202) 219–8881. (This is not a toll-free number.) Exemption Hawaiian Airlines, Inc. Pilots’ 401(k) Plan, Hawaiian Airlines, Inc. 401(k) General Information The restrictions of sections 406(a), Plan for Flight Attendants, and 406(b)(1), and 406(b)(2) of the Act and Hawaiian Airlines, Inc. 401(k) Savings The attention of interested persons is the sanctions resulting from the Plan (collectively, the Plans) Located in directed to the following: application of section 4975 of the Code, Honolulu, Hawaii by reason of section 4975(c)(1)(A) (1) The fact that a transaction is the through (E) of the Code 1 shall not apply, [Prohibited Transaction Exemption 97–23; subject of an exemption under section effective July 12, 1996, to the past sale Exemption Application Nos. D–10380, D– 408(a) of the Act and/or section by the GE Trust of its stock in 10381, and D–10382] 4975(c)(2) of the Code does not relieve AmeriData Technologies, Inc. Exemption a fiduciary or other party in interest or (AmeriData) to General Electric Capital disqualified person from certain other The restrictions of sections 406(a) and Corporation (GECC) and GECC’s provisions to which the exemptions 406 (b)(1) and (b)(2) of the Act and the indirect, wholly-owned subsidiary, GAC does not apply and the general fiduciary sanctions resulting from the application Acquisition I Corporation (GAC), both of responsibility provisions of section 404 of section 4975 of the Code, by reason which are parties in interest with of the Act, which among other things of section 4975(c)(1) (A) through (E) of respect to the GE Trust and affiliates of require a fiduciary to discharge his the Code, shall not apply to (1) The past the General Electric Company (GE), the duties respecting the plan solely in the acquisition by the Plans of certain sponsor of the GE Trust, in connection interest of the participants and transferable stock rights (the Rights) with the merger of GAC and AmeriData beneficiaries of the plan and in a pursuant to a stock rights offering (the Technologies, Inc., provided that the prudent fashion in accordance with Offering) to the Plans by Hawaiian following conditions were satisfied: section 404(a)(1)(B) of the Act; nor does Airlines, Inc. (the Employer), the (a) the sale of the AmeriData Stock it affect the requirement of section sponsor of the Plans; (2) the past was a one-time transaction for cash; 401(a) of the Code that the plan must holding of the Rights by the Plans operate for the exclusive benefit of the (b) the GE Trust received the fair during the subscription period of the market value for each share of the employees of the employer maintaining Offering; and (3) the disposition or the plan and their beneficiaries; AmeriData Stock on the date of the sale; exercise of the Rights by the Plans (c) the GE Trust received no less provided the following conditions are (2) These exemptions are consideration than that received by satisfied: (A) The acquisition and supplemental to and not in derogation similarly situated AmeriData holding of the Rights by the Plans of, any other provisions of the Act and/ shareholders at the same time in the occurred in connection with the or the Code, including statutory or same transaction; Offering made available to all administrative exemptions and (d) the GE Trust paid no commissions, shareholders of the common stock of the transactional rules. Furthermore, the fees or other expenses in connection Employer; (B) The acquisition and fact that a transaction is subject to an with the sale of AmeriData Stock to holding of Rights by the Plans resulted administrative or statutory exemption is GECC and GAC; from an independent act of the not dispositive of whether the (e) the terms of the sale were no less Employer as a corporate entity and all transaction is in fact a prohibited favorable to the GE Trust than those holders of the common stock of the transaction; and obtainable by other similarly situated Employer, including the Plans, were (3) The availability of these shareholders of AmeriData Stock; treated in the same manner with respect exemptions is subject to the express (f) the GE Trust tendered its shares of to the Offering; and (C) All decisions condition that the material facts and AmeriData Stock only at the close of the regarding the holding and disposition of representations contained in each tender-offer period and only after a the Rights by the Plans were made in application are true and complete and majority of the outstanding shares of accordance with provisions of the Plans accurately describe all material terms of AmeriData had been tendered; and for individually-directed investment of the transaction which is the subject of (g) the transactions engaged in by the participant accounts by the individual the exemption. In the case of continuing GE Trust with respect to the AmeriData participants of the Plans whose exemption transactions, if any of the Stock (including the acquisition, accounts in the Plans received Rights in material facts or representations holding and the subsequent sale to connection with the Offering, including described in the application change GECC and GAC), were not part of an all determinations regarding the after the exemption is granted, the arrangement designed to benefit GE, any exercise or sale of the Rights received exemption will cease to apply as of the through the Offering, and if no timely date of such change. In the event of any 1 For purposes of this exemption, references to specific provisions of Title I of the Act, unless instructions concerning the Rights were such change, application for a new otherwise specified, refer also to the corresponding given by participants of the Plans, the exemption may be made to the provisions of the Code. Rights were sold. Department. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18803

Signed at Washington, DC, this 14th day of for exemption and the comments (1) The fair market value of the April, 1997. received will be available for public Property is established by a qualified Ivan Strasfeld, inspection in the Public Documents and independent real estate appraiser; Director of Exemption Determinations, Room of Pension and Welfare Benefits (2) Local 150 pays the greater of Pension and Welfare Benefits Administration, Administration, U.S. Department of $180,000 or the current fair market Department of Labor. Labor, Room N–5507, 200 Constitution value of the Property as of the date of [FR Doc. 97–9975 Filed 4–16–97; 8:45 am] Avenue, N.W., Washington, D.C. 20210. the transaction; BILLING CODE 4510±29±P (3) The Sale is a one time transaction Notice to Interested Persons for cash; and Notice of the proposed exemptions (4) The Fund pays no fees or DEPARTMENT OF LABOR will be provided to all interested commissions related to the Sale. persons in the manner agreed upon by Pension and Welfare Benefits the applicant and the Department Summary of Facts and Representations Administration within 15 days of the date of publication 1. The Fund is a welfare plan which [Application No. L±10280, et al.] in the Federal Register. Such notice is an apprenticeship and training plan shall include a copy of the notice of with approximately 600 apprentices and Proposed Exemptions; Operating proposed exemption as published in the 5,494 journeymen. The Fund was Engineers Local 150 Apprenticeship Federal Register and shall inform established on June 1, 1967. As of Fund (the Fund) interested persons of their right to December 31, 1995, the fair market comment and to request a hearing value of the Fund’s assets was AGENCY: Pension and Welfare Benefits (where appropriate). $6,492,242. The Fund sponsors include Administration, Labor. SUPPLEMENTARY INFORMATION: The the Local 150 and other employer ACTION: Notice of proposed exemptions. proposed exemptions were requested in associations. applications filed pursuant to section 2. The Fund acquired the Property as SUMMARY: This document contains 408(a) of the Act and/or section part of a merger with the Operating notices of pendency before the 4975(c)(2) of the Code, and in Engineers Local 537 Apprenticeship and Department of Labor (the Department) of accordance with procedures set forth in Re-training Fund on or about October proposed exemptions from certain of the 29 CFR Part 2570, Subpart B (55 FR 28, 1992. During this time, the prohibited transaction restriction of the 32836, 32847, August 10, 1990). Operating Engineers Local 537 Employee Retirement Income Security Effective December 31, 1978, section terminated and transferred all of its Act of 1974 (the Act) and/or the Internal 102 of Reorganization Plan No. 4 of assets to the Fund. The Property is Revenue Code of 1986 (the Code). 1978 (43 FR 47713, October 17, 1978) located in Rock Island, Illinois and Written Comments and Hearing transferred the authority of the Secretary consists of an office building on Requests of the Treasury to issue exemptions of approximately 53 acres of land. The Unless otherwise stated in the Notice the type requested to the Secretary of applicant represents that the Property of Proposed Exemption, all interested Labor. Therefore, these notices of has been leased by the Fund to Local persons are invited to submit written proposed exemption are issued solely 150 pursuant to Prohibited Transaction comments, and with respect to by the Department. Class Exemption 76–1 (41 FR 1270, The applications contain 1 exemptions involving the fiduciary March 26, 1976). Since 1992, the Fund representations with regard to the prohibitions of section 406(b) of the Act, has received net income from the proposed exemptions which are requests for hearing within 45 days from Property in the amount of $33,461. summarized below. Interested persons the date of publication of this Federal 3. In March 1993, the Property was are referred to the applications on file Register Notice. Comments and request appraised at a value of $180,000 by with the Department for a complete for a hearing should state: (1) the name, Baecke Appraisers, a qualified statement of the facts and address, and telephone number of the independent real estate appraisal firm. representations. person making the comment or request, The value of the Property was and (2) the nature of the person’s Operating Engineers Local 150 determined by using the market value interest in the exemption and the Apprenticeship Fund (the Fund), approach which is defined in the manner in which the person would be Located in Plainfield, Illinois appraisal as the most probable price a property should bring on requisite to a adversely affected by the exemption. A [Exemption Application No. L–10280] request for a hearing must also state the fair sale, the buyer and seller each issues to be addressed and include a Proposed Exemption acting prudently and assuming the price is not affected by undue stimulus. In general description of the evidence to be The Department is considering presented at the hearing. A request for April 15, 1996, Mr. Robert Baecke of granting an exemption under the Baecke Appraisers, updated the a hearing must also state the issues to authority of section 408(a) of the Act be addressed and include a general appraisal and recertified the value of the and in accordance with the procedures Property to be $180,000. Mr. Baecke description of the evidence to be set forth in 29 CFR Part 2570, Subpart presented at the hearing. researched sales of comparable B (55 FR 32826, 32847, August 10, properties in the Property’s market area ADDRESSES: All written comments and 1990). If the exemption is granted the that have occurred since the time of the request for a hearing (at least three restrictions of section 406(a) and original appraisal. His analysis copies) should be sent to the Pension 406(b)(1) and (2) shall not apply to the consisted of research of data from the and Welfare Benefits Administration, proposed sale (the Sale) of a certain multiple listing service, county records, Office of Exemption Determinations, parcel of improved real property (the exterior inspections of the properties Room N–5649, U.S. Department of Property) from the Fund to International and conversations with individuals Labor, 200 Constitution Avenue, N.W., Union of Operating Engineers, Local 150 Washington, D.C. 20210. Attention: (Local 150), a party in interest with 1 The Department is making no determination Application No. stated in each Notice of respect to the Plan provided that the with respect to whether or not the Lease met the Proposed Exemption. The applications following conditions are met: conditions of PTE 76–1. 18804 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices involved in the transactions. greater of (1) the Plan’s cost basis in the Union, which has leased the Office Additionally, Mr. Baecke analyzed the Property as of the date of the sale, or (2) Space from the Plan since 1987 (the valuation approaches used in the the fair market value of the Property as Union Lease). The Trustees and the original appraisal, taking into of the date of the sale, as determined by Union represent that the Union Lease consideration all current data. Mr. an independent, qualified appraiser, satisfies the requirements of Prohibited Baecke concluded that the Property’s and in no event less than $265,597. Transaction Class Exemption 76–1 (PTE appraised value remains $180,000. In 76–1, 41, FR 12740, March 26, 1976) Summary of Facts and Representations this regard, Mr. Baecke represented that and Prohibited Transaction Class the value of the Property at time the Introduction Exemption 77–10 (PTE 77–10, 42 FR Fund acquired the Property was The Plan’s operations are conducted 33918, July 1, 1977), relating to, among $180,000. The Fund will pay no in the Pipe Trades Training Center (the other things, a lease of office space by commissions or fees associated with the Property), which is owned by the Plan. a multiemployer plan to a participating 2 Sale. The Trustees of the Plan have employee organization. 4. The Fund proposes to sell the determined that it is no longer 3. The Property is described legally as Property to Local 150. The Trustees of economically feasible for the Plan to lot 113R of the Montour West Industrial the Fund have determined that the Fund maintain and operate its own facility, Park (the Industrial Park) as recorded no longer needs the Property, and wish and that the Plan can be operated more with the Recorder’s Office of Allegheny to sell the Property. Local 150 has efficiently as a tenant in the Property. County, and it consists of a parcel offered to purchase the Property for cash The Trustees propose to sell the originally described in the county legal at the appraised value of $180,000. Property to the Union, the members of records as lot 113 and one third of an 6. In summary, the applicant which are participants in the Plan, and adjacent parcel originally described as represents that the proposed transaction to arrange for the Plan to lease space in lot 112. The Trustees represent that the satisfies the criteria of section 408(a) of the Property from the Union. An Plan purchased the original lot 113 from the Act because: (1) The Sale is a one- exemption is requested to allow the sale an unrelated party on August 22, 1974, time transaction for cash, and no transaction under the terms and and on December 17, 1975 the Plan sold commissions will be paid upon the Sale; conditions described herein. a one-half interest in original lot 113 to (2) the Fund will be receiving at least 1. The Plan is an apprenticeship the Joint Apprenticeship Committee of fair market value for the Property as training plan providing educational and Steamfitters Local Union No. 449 (the determined by an independent qualified occupational training for apprentices Steamfitters Plan), an apprenticeship real estate appraiser; and (3) the Fund and journeymen plumbers who are training plan providing benefits to pays no commissions or fees associated members of the Union. The Plan was members of the United Association of with the Sale. created and is maintained pursuant to Journeymen and Apprentices of the For Further Information Contact: Plumbing and Pipe Fitting Industry of Allison Padams of the Department, collective bargaining agreements between the Union and the Mechanical the United States and Canada, Local telephone (202)219–8971. (This is not a Union No. 449 (the Steamfitters Local). toll-free number.) Contractors Association of Western Pennsylvania (the Association), which Thereafter, the original lot 112 was Joint Apprenticeship Committee of represents employers of plumbers who acquired jointly by the Plan and the Plumbers Local No. 27 (the Plan), are members of the Union. The Plan is Steamfitters Plan from an unrelated Located in Pittsburgh, Pennsylvania administered by a board of six trustees party on December 29, 1991. Although the Plumbers Local and the Steamfitters [Application No. L–10366] (the Trustees), three of whom are representatives of the Union and three Local are components of the United Proposed Exemption of whom are representatives of the Association of Journeymen and The Department is considering Association and other employers in Apprentices of the Plumbing and Pipe granting an exemption under the signed agreements with the Union. As of Fitting Industry of the United States and authority of section 408(a) of the Act October 1, 1996, approximately 610 Canada, the Trustees represent that the and section 4975(c)(2) of the Code and members of the Union were participants Steamfitters Local and the Steamfitters in accordance with the procedures set in the Plan, which had total assets of Plan are not parties in interest with forth in 29 C.F.R. Part 2570, Subpart B approximately $360,080 as of December respect to the Plan, within the meaning (55 F.R. 32836, 32847, August 10, 1990). 31, 1995. of section 3(14) of the Act, and that the If the exemption is granted the 2. Among the assets of the Plan is the trustees of each plan are independent of restrictions of sections 406(a), 406(b)(1) Property, a parcel of improved real and unrelated to each other. The and (b)(2) of the Act shall not apply to property located at 104 Montour West Trustees explain that in many the proposed sale by the Plan of certain Industrial Park in North Fayette jurisdictions plumbers and steamfitters improved real property located in Township near Pittsburgh in Allegheny are members of the same local union, Allegheny County, Pennsylvania (the County, Pennsylvania. The Property with referrals for work based on a Property) to the Local Union No. 27 (the consists of 1.29 acres of land improved determination of whether water or Plumbers Local) of the United with a one-story structure (the Building) steam pipes are involved. In the Association of Journeymen and occupied by the Plan and operated by Pittsburgh/Western Pennsylvania area, Apprentices of the Plumbing and Pipe the Trustees as the Pipe Trades Training however, the Trustees maintain that Fitting Industry of the United States and Center and ancillary office facility. The there was historically substantial Canada, a party in interest with respect Building, which is constructed of employment in the steel mills and to the Plan; provided that the following cement block on reinforced concrete factories for steamfitters, and conditions are met: slab, has a total interior area of 6,948 consequently, two separate local unions (A) The Plan does not incur any square feet, consisting of 984 square feet expenses or suffer any loss with respect of office space (the Office Space) and 2 The Department expresses no opinion as to whether the Union Lease satisfied the conditions of to the transaction; and the remainder utilized as classrooms, PTE 76–1 or PTE 77–10, or whether such lease of (B) The Plan receives a cash purchase shop, computer, and file room areas. office space by the Plan to the Union was exempt price for the Property of no less than the The Office Space is occupied by the from the prohibitions of section 406 of the Act. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18805 emerged, one representing steamfitters rental value as indicated by Smith’s the Union immediately after the sale and one representing plumbers. Because appraisal. The Trustees are concerned transaction is consummated and the the training for apprentices in each local that the Plan’s continued ownership of Plan’s use of the Property will continue union is similar, and because each local the Property will threaten the uninterrupted. union had similar needs in a training availability of funds for instructor 7. In summary, the applicants facility, the trustees of the salaries, equipment, and training represent that the proposed transaction apprenticeship plans of each local program operations. The Trustees satisfies the criteria of section 408(a) of union agreed to share the same training represent that they have determined that the Act for the following reasons: (1) facility for their apprenticeship the Plan would be able to operate its The transaction will be a one-time programs. In this context, the two plans training program more economically as transaction for cash; (2) The Plan will jointly owned the original lot 113, on a tenant, rather than an owner, in the receive a purchase price for the Property which the Building is situated, and the Property. which is no less than the greater of the adjacent original lot 112, an 5. Accordingly, the Trustees and Plan’s cost basis in the Property or the unimproved lot utilized for parking representatives of the Union propose Property’s fair market value as of the space. that the Union purchase the Property date of the transaction; (3) The Plan will In 1987, the trustees of the from the Plan and are requesting an incur no expenses with respect to the Steamfitters Plan determined to exemption for such transaction under transaction; and (4) The transaction will commence arrangements for a the terms and conditions described enable the Plan to reduce its total movement of the operations of that plan herein. The Union will pay the Plan a expenses and to operate more to a separate training facility in cash purchase price for the Property in efficiently. Pittsburgh. The trustees of the the amount of no less than the greater For Further Information Contact: Steamfitters Plan then transferred that of (a) the Plan’s cost basis in the Ronald Willett of the Department, plan’s one-half interest in lots 113 and Property as of the date of the sale, or (b) telephone (202) 219–8881. (This is not 112 to the Plan, by deed dated January the Property’s fair market value as of the a toll-free number.) 9, 1987. (The Steamfitters Plan sale date as determined by Smith in an continued to utilize facilities on the update of his appraisal of June 13, 1996, Howes Leather Company, Inc. Property as a tenant until that plan and in no event less than $265,597, Employee Stock Ownership Plan (the acquired its own building in 1993.) which was the Plan’s cost basis in the Plan), Located in Curwensville, Subsequently, on June 1990, the legal Property as determined by Cumberledge Pennsylvania records for the Industrial Park were as of May 14, 1996. The Plan will incur [Application No. D–10385] revised to provide that two thirds of lot no costs related to the transaction. 112 was redesignated as lot 111R and 6. Commencing with the Union’s Proposed Exemption the remaining one third of lot 112 was purchase of the Property, it is proposed The Department is considering combined with lot 113 and redesignated that the Plan will continue to utilize the granting an exemption under the as lot 113R. The Trustees sold lot 111R Property as its training facility by authority of section 408(a) of the Act to an unrelated party in 1990, and lot leasing from the Union the same space and section 4975(c)(2) of the Code and 113R remains the legal designation of in the Property which the Plan has in accordance with the procedures set the Property. According to Daniel F. utilized prior to the purchase forth in 29 CFR Part 2570, Subpart B (55 Smith, IFA (Smith), a professional transaction. The Union and the Trustees FR 32836, 32847, August 10, 1990). If independent real estate appraiser in represent that this lease of space in the the exemption is granted the restrictions Pittsburgh, Pennsylvania, the Property Property from the Union (the Plan of sections 406(a), 406 (b)(1) and (b)(2) had a fair market value of $246,000 as Lease) will meet the requirements of of the Act and the sanctions resulting of June 13, 1996. The Plan’s actual cost Prohibited Transaction Class Exemption from the application of section 4975 of basis in the Property is $265,597, as 78–6 (PTE 78–6, 43 FR 23024, May 30, the Code, by reason of section 4975(c)(1) determined as of May 14, 1996 by the 1978), relating to, among other things, a (A) through (E) of the Code, shall not certified public accounting firm of R.S. lease of real property by an employee apply to the proposed sale by the Plan Cumberledge & Associates organization to a related apprenticeship of an individual life insurance policy (Cumberledge) in Pittsburgh, training plan.3 In addition to other (the Policy) to the Howes Leather Pennsylvania. requirements, the conditions of PTE 78– Company, Inc. (the Employer), the 4. The Trustees represent that it is not 6 require the Plan Lease to be on terms sponsor of the Plan; provided that the economically feasible for the Plan to at least as favorable to the plan as an following conditions are satisfied: continue maintaining the Property arm’s-length transaction with an (A) All terms and conditions of the while continuing to provide a quality unrelated party would be, and the Plan transaction are at least as favorable to training program for the Union’s Lease must be appropriate and helpful the Plan as those which the Plan could members. The Trustees state that recent in carrying out the purposes for which obtain in arm’s-length transactions with financial statements indicate a declining the plan is established or maintained. unrelated parties; balance of reserves in the assets of the The Trustees represent that the Plan (B) The Plan receives a purchase price Plan, which is operating at a deficit due Lease will satisfy these and all other for the Policy of no less than the greater to increasing Building maintenance and conditions of PTE 78–6 and that the of (1) the fair market value of the Policy related expenses. The Trustees represent Plan Lease will enable the Plan to as of the sale date, or (2) Policy’s cash that employer contributions to the Plan terminate the lease arrangement with surrender value (as described below) as and rents paid by the Union to the Plan sixty days written notice to the Union. of the sale date; are not sufficient to cover escalating The Trustees represent that if the (C) The Plan does not incur any costs of maintaining the Property, even exemption is granted, the Plan Lease expenses or suffer any loss with respect though such employer contributions will be executed between the Plan and to the transaction; and have increased pursuant to collective (D) In the event the Employer recovers bargaining and the Trustees represent 3 In this proposed exemption the Department with respect to the Policy a total amount that the rentals paid by the Union are in expresses no opinion as to whether the Plan Lease in excess of the purchase price paid to excess of the Building’s fair market will meet the requirements of PTE 78–6. the Plan for the Policy, such excess 18806 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices amount shall be distributed prorata to enable the cash surrender of the Employer, and thereafter the Employer among the participants of the Plan. Policy by the Plan and that, due to the will be entitled to amounts due the current status of the Insurer, the ability holder of the Policy under its terms and Summary of Facts and Representations of the Insurer to pay the full value of the conditions. The Employer represents 1. The Plan is a defined contribution Policy is in question. that due to the Rehabilitation and the employee stock ownership plan with 32 3. The Employer represents that upon financial condition of the Insurer, it is participants and total assets of termination of the Plan, the Trustees questionable whether the Employer will approximately $465,168 as of February undertook to make prompt distributions ever recover the cash surrender value of 16, 1996. The Plan is sponsored by the to all Plan participants of their the Policy, and it is unlikely the Employer, Howes Leather Company, respective benefits from the Plan, and Employer will ever recover any amounts Inc., a Delaware corporation engaged in that they did not wish to delay in excess of the amount the Employer is the business of leather processing in the distribution until resolution of the paying the Plan for the Policy. city of Curwensville, Pennsylvania. The Rehabilitation. Accordingly, in order to Nonetheless, the Employer has agreed trustees of the Plan are James M. enable the Plan to proceed with that in the event it receives total Fitzgibbons and Barry I. Getto, each of complete distributions, the Employer proceeds from the Policy in excess of whom is an officer, director and represents that it made an interest-free the amounts paid the Plan as purchase shareholder of the Employer. The Plan loan to the Plan (the Loan) in the price for the Policy, such additional invests primarily in common stock of amount of cash which the Plan would amounts will be distributed pro rata the Employer, which constituted have realized from a cash surrender of among Plan participants with active approximately 92 percent of the Plan’s the Policy on the Termination Date. The accounts in the Plan as of the date of the assets as of February 16, 1996. Loan proceeds were distributed pro rata Plan termination. 2. The Employer represents that the among all participants in the Plan as of 6. In summary, the applicant Plan has been terminated and that the Termination Date. The Loan was in represents that the proposed transaction distribution of Plan assets was the amount of $34,044.77, which was satisfies the criteria of section 408(a) of completed in April 1996. Although the the cash surrender value of the Policy the Act for the following reasons: (a) Plan is an individual-account employee upon the termination of the Plan as The transaction will enable the stock ownership plan, at the time of the determined by the Insurer. The completed termination of the Plan and Plan’s termination date there remained Employer represents that the Loan dissolution of the Plan trust; (b) The in the Plan one general asset in which satisfied the requirements of Prohibited Plan will not incur any expenses with all Plan participants held undivided Transaction Class Exemption 80–26 respect to the transaction; (c) The pro-rata interests: the Policy. The Policy (PTE 80–26, 45 FR 35040, May 23, purchase price of the Policy will be its is an individual life insurance policy 1980), relating to interest-free loans to a cash surrender value as of the date of issued by the Fidelity Mutual Life plan for, among other things, the Plan termination as determined by the Insurance Company (the Insurer) on the payment of benefits.4 The Policy Insurer; (d) The transaction will include life of Harry J. Widney, a former remains an asset in the Plan’s trust even the Employer’s cancellation of the participant in the Plan who had though distribution to Plan participants Plan’s obligations under the Loan; and terminated participation in the Plan and has been completed. (e) Any proceeds from the Policy received full payment of Plan benefits 4. In order to complete the liquidation received by the Employer in excess of many years prior to the Plan of the Plan, the Employer now proposes the purchase price will be distributed termination. The Employer represents to purchase the Policy from the Plan so among the Plan’s participants with that Mr. Widney had been a shareholder that the last remaining Plan asset may active accounts as of the Termination of the Employer and that the Plan had be liquidated and the Plan’s trust may Date. acquired the Policy to provide the Plan be dissolved, and the Employer is For Further Information Contact: with assets to purchase Employer stock requesting an exemption for such Ronald Willett of the Department, from his estate in the event of his death. transaction under the terms and telephone (202) 219–8881. (This is not When Mr. Widney left the Employer’s conditions described herein. The a toll-free number.) business and terminated his Employer proposes to purchase the The Roquette America, Inc. Pension participation in the Plan during the Plan Policy from the Plan for a purchase year commencing July 1, 1982, his Plan for Salaried Employees (the Plan), price in the amount of the Loan, and to Located in Keokuk, Iowa account balance in the Plan was consummate the purchase transaction distributed to him in the form of by means of canceling the Loan in [Application No. D–10390] Employer stock. The Employer exchange for the Policy. Accordingly, Proposed Exemption represents that Mr. Widney was offered the purchase price for the Policy will be The Department is considering the Policy but refused to accept it. As a $34,044.77, the Policy’s cash surrender granting an exemption under the result, the Policy was retained as a value as of the date of Plan termination, authority of section 408(a) of the Act general asset of the Plan. which was the same amount of cash With an original face value of $50,000 and section 4975(c)(2) of the Code and which the Plan would have realized and paid-up additions totaling $7,998, in accordance with the procedures set from a cash surrender of the Policy if the Policy has a total face value of forth in 29 CFR Part 2570, Subpart B (55 the Rehabilitation proceedings had not $57,998. The Employer represents that FR 32836, 32847, August 10, 1990). If prevented the cash surrender of the upon termination of the Plan, the the exemption is granted, the Policy upon the Plan termination. The Trustees were unable to liquidate the restrictions of section 406(a) of the Act Plan will not incur any expenses with Policy, by surrendering it for its cash and the sanctions resulting from the respect to the transaction. surrender value, because the Insurer is 5. Upon cancellation of the Loan, the application of section 4975 of the Code, in rehabilitation proceedings (the Policy will be transferred to the by reason of section 4975(c)(1) (A) Rehabilitation) which have rendered the through (D) of the Code, shall not apply Policy frozen and inaccessible. The 4 The Department expresses no opinion as to to (1) the proposed loan to the Plan by Employer represents that it is uncertain whether the Loan satisfied the conditions of class Aon Consulting, Inc. (Aon Consulting), when the Rehabilitation will be resolved exemption PTE 80–26. in connection with certain excess Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18807 distributions (the Overpayments) that immediate return of the Overpayments. Consulting from any further claims that Aon Consulting inadvertently caused to Separately, each Participant has refused. they may have arising from the be made under the Plan, and (2) the Repeated subsequent requests, both in Overpayments. The costs of this potential repayment of the loan by the writing and by telephone, for return of exemption application will be borne by Plan to Aon Consulting. the Overpayments have yielded no Aon Consulting. This proposed exemption is subject to result. 5. The interests of the Plan with the following conditions: 3. Aon Consulting proposes to make respect to the loan are represented by (1) The Plan pays no interest nor the Plan whole by making an interest- Northern Trust, acting as an incurs any other expense relating to the free loan to the Plan for $269,179, the independent fiduciary for the Plan. In a loan; amount of the Overpayments, plus lost letter from Richard W. Long, Trust (2) The loan amount covers the opportunity costs attributable to the Officer, dated March 17, 1997, Northern Overpayments, plus lost opportunity Overpayments. Among other reasons, Trust represents that it is unrelated to costs attributable to the Overpayments; because the loan is to be secured by the and independent of both Aon (3) Any repayment of the loan is possible recovery of the Overpayments Consulting and the Employer. Northern restricted solely to the amount, if any, by the Plan, the loan is outside the Trust further represents that it has recovered by the Plan with respect to scope of relief provided by Prohibited extensive experience as a fiduciary the Overpayments in litigation or Transaction Class Exemption 80–26 under the Act, that it is knowledgeable otherwise; and (PTCE 80–26, 45 FR 28545, April 29, as to the subject transactions, and that (4) A qualified, independent fiduciary 1980).5 it has reviewed the terms and for the Plan has reviewed the terms and The loan amount will include an conditions of the loan on behalf of the conditions of the loan on behalf of the additional $50,640 to make up for the Plan and determined that such terms Plan and determined that such terms Plan’s lost opportunity costs for the and conditions are in the best interests and conditions are in the best interests period from March 18, 1994, the date of of and appropriate for the Plan. of and appropriate for the Plan. occurrence of the Overpayments, to Specifically, Northern Trust notes that Summary of Facts and Representations December 31, 1995, for a subtotal of the Plan is guaranteed to be made whole $319,819.6 The loan amount will also by Aon Consulting by virtue of the 1. The Plan is a defined benefit include an amount yet to be determined interest-free loan (which covers the full pension plan sponsored by Roquette to provide the Plan with a rate of amount of the Overpayments, plus America, Inc. (the Employer). The investment return on the $319,819, for interest), and is thus able to avoid the Employer, a Delaware corporation, is the period from January 1, 1996 to the legal costs and uncertainties associated engaged in the production of corn effective date of this exemption.7 The with recouping the Overpayments sweeteners for use in foods. As of loan will be evidenced by a promissory through alternate means. The potential December 29, 1995, the Plan had total note and the loan proceeds paid to the repayment obligation on the part of the assets of approximately $14,203,379.29. Plan within 30 days of publication in Plan serves the legitimate purpose of As of July 18, 1996, the Plan had the Federal Register of the notice of the preventing a ‘‘double recovery’’ by the approximately 334 participants and grant of this exemption. Plan. beneficiaries. The trustee of the Plan is The loan will be repaid only to the 6. In summary, the applicant the Northern Trust Company (Northern extent of any amount recovered by the represents that the proposed Trust). Plan with respect to the Overpayments. transactions satisfy the statutory criteria 2. Aon Consulting, a Pennsylvania Northern Trust will continue to for an exemption under section 408(a) of corporation, performs actuarial and cooperate with Aon Consulting in the Act for the following reasons: (1) recordkeeping services for the Plan and pursuing recovery of the Overpayments, The Plan will pay no interest nor incur other services for the Employer. In 1994, including, if necessary, the any other expense relating to the loan; Aon Consulting actuaries miscalculated commencement of litigation against the (2) the loan will enable the Plan to the value of the accrued benefits of two Participants and their respective heirs, immediately recover the amount of the Plan participants (the Participants), both estates, executors, administrators, or Overpayments, including appropriate former officers of the Employer, and, as other personal representatives, in the interest; (3) any repayment of the loan a consequence, caused the Plan to name of the Plan. Aon Consulting will will be restricted solely to the amount, overpay the Participants upon the fund all activities relating to recovery of if any, recovered by the Plan with termination of their employment. One the Overpayments. In consideration for respect to the Overpayments in Participant’s lump sum payment was the loan, the Employer, Northern Trust, litigation or otherwise; and (4) Northern calculated at $412,719.32 instead of and the Plan will release Aon Trust, acting as an independent $238,843.17 (overstated by fiduciary for the Plan, has reviewed the $173,876.15). The other Participant’s 5 PTCE 80–26 provides an exemption, under terms and conditions of the loan on lump sum payment was calculated at certain conditions, from section 406(a)(1) (B) and behalf of the Plan and determined that $222,722.31 instead of $127,419.26 (D) and section 406(b)(2) of the Act and the taxes such terms and conditions are in the (overstated by $95,303.05). The imposed by section 4975 of the Code, by reason of section 4975(c)(1) (B) and (D) of the Code, for best interests of and appropriate for the applicant represents that the Plan’s interest-free loans by a party in interest or Plan. benefit formula was one of disqualified person to an employee benefit plan. Notice to Interested Persons extraordinary complexity and that the 6 The Department notes the applicant’s errors were not noticed before the representation that the figure of $50,640 is based Notice of the proposed exemption inflated benefit payments were made to upon an assumed 18.8% return, which was the shall be given to all interested persons, Plan’s actual investment experience for the period the Participants on March 18, 1994. from March 18, 1994 to December 31, 1995. and all employee organizations in Aon Consulting discovered the errors 7 The Department notes the applicant’s which any Plan participant is a member, in May, 1994, and reported them to representation that the Plan’s lost opportunity costs by mail or by posting in the Employer’s Northern Trust in June, 1994. In August, for the period from January 1, 1996 to the effective offices within 30 days of the date of date of this exemption will be calculated based 1994, the Employer informed each of upon an assumed rate of return which is equal to publication of this notice of pendency the Participants of the errors by the Plan’s actual investment experience for that in the Federal Register. Such notice registered mail and requested period. shall include a copy of this notice of 18808 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices pendency as published in the Federal (1) The direct or indirect sale, (1) such transactions are carried out in Register and shall inform interested exchange or transfer of certificates in the accordance with the terms of a binding persons of their right to comment and/ initial issuance of certificates between pooling and servicing arrangement; and or request a hearing with respect to the the sponsor or underwriter and a plan (2) the pooling and servicing proposed exemption. Comments and when the person who has discretionary agreement is provided to, or described requests for a hearing are due within 60 authority or renders investment advice in all material respects in the prospectus days of the date of publication of this with respect to the investment of plan or private placement memorandum notice in the Federal Register. assets in the certificates is (a) an obligor provided to, investing plans before they FOR FURTHER INFORMATION CONTACT: Ms. with respect to 5 percent or less of the purchase certificates issued by the Karin Weng of the Department, fair market value of obligations or trust.10 telephone (202) 219–8881. (This is not receivables contained in the trust, or (b) Notwithstanding the foregoing, a toll-free number.) an affiliate of a person described in (a); section I.C. does not provide an if: exemption from the restrictions of Norwest Investment Services, Inc. (i) the plan is not an Excluded Plan; section 406(b) of the Act or from the (NISI), Located in Minneapolis, (ii) solely in the case of an acquisition taxes imposed by reason of section Minnesota of certificates in connection with the 4975(c) of the Code for the receipt of a [Application No. D–10430] initial issuance of the certificates, at fee by a servicer of the trust from a least 50 percent of each class of person other than the trustee or sponsor, Proposed Exemption certificates in which plans have unless such fee constitutes a ‘‘qualified I. Transactions invested is acquired by persons administrative fee’’ as defined in section independent of the members of the III.S. A. Effective February 12, 1997, the Restricted Group and at least 50 percent D. Effective February 12, 1997, the restrictions of sections 406(a) and 407(a) of the aggregate interest in the trust is restrictions of sections 406(a) and 407(a) of the Act and the taxes imposed by acquired by persons independent of the of the Act, and the taxes imposed by section 4975(a) and (b) of the Code by Restricted Group; sections 4975(a) and (b) of the Code by reason of section 4975(c)(1) (A) through (iii) a plan’s investment in each class reason of sections 4975(c)(1)(A) through (D) of the Code shall not apply to the of certificates does not exceed 25 (D) of the Code, shall not apply to any following transactions involving trusts percent of all of the certificates of that transactions to which those restrictions and certificates evidencing interests class outstanding at the time of the or taxes would otherwise apply merely therein: acquisition; and because a person is deemed to be a party (1) The direct or indirect sale, (iv) immediately after the acquisition in interest or disqualified person exchange or transfer of certificates in the of the certificates, no more than 25 (including a fiduciary) with respect to a initial issuance of certificates between percent of the assets of a plan with plan by virtue of providing services to the sponsor or underwriter and an respect to which the person has the plan (or by virtue of having a employee benefit plan when the discretionary authority or renders relationship to such service provider sponsor, servicer, trustee or insurer of a investment advice are invested in described in section 3(14)(F), (G), (H) or trust, the underwriter of the certificates certificates representing an interest in a (I) of the Act or section 4975(e)(2)(F), representing an interest in the trust, or trust containing assets sold or serviced (G), (H) or (I) of the Code), solely an obligor is a party in interest with by the same entity.9 For purposes of this because of the plan’s ownership of respect to such plan; paragraph B.(1)(iv) only, an entity will certificates. (2) The direct or indirect acquisition not be considered to service assets or disposition of certificates by a plan in contained in a trust if it is merely a II. General Conditions the secondary market for such subservicer of that trust; A. The relief provided under Part I is certificates; and (2) The direct or indirect acquisition available only if the following (3) The continued holding of or disposition of certificates by a plan in conditions are met: certificates acquired by a plan pursuant the secondary market for such (1) The acquisition of certificates by a to subsection I.A.(1) or (2). certificates, provided that the conditions plan is on terms (including the Notwithstanding the foregoing, set forth in paragraphs B.(1) (i), (iii) and certificate price) that are at least as section I.A. does not provide an (iv) are met; and favorable to the plan as they would be exemption from the restrictions of (3) The continued holding of in an arm’s-length transaction with an sections 406(a)(1)(E), 406(a)(2) and 407 certificates acquired by a plan pursuant unrelated party; for the acquisition or holding of a to subsection I.B.(1) or (2). (2) The rights and interests evidenced certificate on behalf of an Excluded Plan C. Effective February 12, 1997, the by the certificates are not subordinated by any person who has discretionary restrictions of sections 406(a), 406(b) to the rights and interests evidenced by authority or renders investment advice and 407(a) of the Act, and the taxes other certificates of the same trust; with respect to the assets of that imposed by section 4975(a) and (b) of (3) The certificates acquired by the Excluded Plan.8 the Code by reason of section 4975(c) of plan have received a rating at the time B. Effective February 12, 1997, the the Code, shall not apply to transactions of such acquisition that is in one of the restrictions of sections 406(b)(1) and in connection with the servicing, three highest generic rating categories 406(b)(2) of the Act and the taxes management and operation of a trust, from either Standard & Poor’s imposed by section 4975(a) and (b) of provided: the Code by reason of section 10 In the case of a private placement 4975(c)(1)(E) of the Code shall not apply 9 For purposes of this exemption, each plan memorandum, such memorandum must contain participating in a commingled fund (such as a bank substantially the same information that would be to: collective trust fund or insurance company pooled disclosed in a prospectus if the offering of the separate account) shall be considered to own the certificates were made in a registered public 8 Section I.A. provides no relief from sections same proportionate undivided interest in each asset offering under the Securities Act of 1933. In the 406(a)(1)(E), 406(a)(2), and 407 for any person of the commingled fund as its proportionate interest Department’s view, the private placement rendering investment advice to an Excluded Plan in the total assets of the commingled fund as memorandum must contain sufficient information within the meaning of section 3(21)(A)(ii) and calculated on the most recent preceding valuation to permit plan fiduciaries to make informed regulation 29 CFR 2510.3–21(c). date of the fund. investment decisions. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18809

Structured Rating Group (S&P’s), make a written representation regarding (f) fractional undivided interests in Moody’s Investors Service, Inc. compliance with the condition set forth any of the obligations described in (Moody’s), Duff & Phelps Credit Rating in subsection II.A.(6) above. clauses (a)–(e) of this section B.(1);11 Co. (D & P) or Fitch Investors Service, (2) property which had secured any of III. Definitions L.P. (Fitch); the obligations described in subsection (4) The trustee is not an affiliate of For purposes of this exemption: B.(1); any member of the Restricted Group. A. Certificate means: (3) undistributed cash or temporary However, the trustee shall not be (1) a certificate— investments made therewith maturing considered to be an affiliate of a servicer (a) that represents a beneficial no later than the next date on which solely because the trustee has succeeded ownership interest in the assets of a distributions are to made to to the rights and responsibilities of the trust; and certificateholders; and servicer pursuant to the terms of a (b) that entitles the holder to pass- (4) rights of the trustee under the pooling and servicing agreement through payments of principal, interest, pooling and servicing agreement, and providing for such succession upon the and/or other payments made with rights under any insurance policies, occurrence of one or more events of respect to the assets of such trust; or third-party guarantees, contracts of default by the servicer; suretyship and other credit support (5) The sum of all payments made to (2) a certificate denominated as a debt instrument— arrangements with respect to any and retained by the underwriters in obligations described in subsection connection with the distribution or (a) that represents an interest in a Real Estate Mortgage Investment Conduit B.(1). placement of certificates represents not Notwithstanding the foregoing, the (REMIC) within the meaning of section more than reasonable compensation for term ‘‘trust’’ does not include any 860D(a) of the Internal Revenue Code of underwriting or placing the certificates; investment pool unless: (i) the 1986; and the sum of all payments made to and investment pool consists only of assets (b) that is issued by and is an retained by the sponsor pursuant to the of the type which have been included in obligation of a trust; with respect to assignment of obligations (or interests other investment pools, (ii) certificates certificates defined in (1) and (2) above therein) to the trust represents not more evidencing interests in such other for which NISI or any of its affiliates is than the fair market value of such investment pools have been rated in one either (i) the sole underwriter or the obligations (or interests); and the sum of of the three highest generic rating manager or co-manager of the all payments made to and retained by categories by S&P’s, Moody’s, D & P, or underwriting syndicate, or (ii) a selling the servicer represents not more than Fitch for at least one year prior to the or placement agent. reasonable compensation for the plan’s acquisition of certificates servicer’s services under the pooling For purposes of this exemption, pursuant to this exemption, and (iii) and servicing agreement and references to ‘‘certificates representing certificates evidencing interests in such reimbursement of the servicer’s an interest in a trust’’ include other investment pools have been reasonable expenses in connection certificates denominated as debt which purchased by investors other than plans therewith; and are issued by a trust. for at least one year prior to the plan’s (6) The plan investing in such B. Trust means an investment pool, acquisition of certificates pursuant to certificates is an ‘‘accredited investor’’ the corpus of which is held in trust and this exemption. as defined in Rule 501(a)(1) of consists solely of: C. Underwriter means: Regulation D of the Securities and (1) either (1) NISI; Exchange Commission under the (a) secured consumer receivables that (2) any person directly or indirectly, Securities Act of 1933. bear interest or are purchased at a B. Neither any underwriter, sponsor, through one or more intermediaries, discount (including, but not limited to, controlling, controlled by or under trustee, servicer, insurer, nor any home equity loans and obligations obligor, unless it or any of its affiliates common control with NISI; or secured by shares issued by a has discretionary authority or renders (3) any member of an underwriting cooperative housing association); investment advice with respect to the syndicate or selling group of which NISI plan assets used by a plan to acquire (b) secured credit instruments that or a person described in (2) is a manager certificates, shall be denied the relief bear interest or are purchased at a or co-manager with respect to the provided under Part I, if the provision discount in transactions by or between certificates. of subsection II.A.(6) above is not business entities (including, but not D. Sponsor means the entity that satisfied with respect to acquisition or limited to, qualified equipment notes organizes a trust by depositing holding by a plan of such certificates, secured by leases, as defined in section obligations therein in exchange for provided that (1) such condition is III.T); certificates. disclosed in the prospectus or private (c) obligations that bear interest or are E. Master Servicer means the entity placement memorandum; and (2) in the purchased at a discount and which are that is a party to the pooling and case of a private placement of secured by single-family residential, servicing agreement relating to trust certificates, the trustee obtains a multi-family residential and commercial 11 representation from each initial real property (including obligations It is the Department’s view that the definition secured by leasehold interests on of ‘‘trust’’ contained in III.B. includes a two-tier purchaser which is a plan that it is in structure under which certificates issued by the first compliance with such condition, and commercial real property); trust, which contains a pool of receivables obtains a covenant from each initial (d) obligations that bear interest or are described above, are transferred to a second trust purchaser to the effect that, so long as purchased at a discount and which are which issues securities that are sold to plans. secured by motor vehicles or However, the Department is of the further view that, such initial purchaser (or any transferee since the exemption provides relief for the direct or of such initial purchaser’s certificates) is equipment, or qualified motor vehicle indirect acquisition or disposition of certificates required to obtain from its transferee a leases (as defined in section III.U); that are not subordinated, no relief would be (e) guaranteed governmental mortgage available if the certificates held by the second trust representation regarding compliance were subordinated to the rights and interests with the Securities Act of 1933, any pool certificates, as defined in 29 CFR evidenced by other certificates issued by the first such transferees will be required to 2510.3–101(i)(2); trust. 18810 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices assets and is fully responsible for 3(15) of the Act), a brother, a sister, or T. Qualified Equipment Note Secured servicing, directly or through a spouse of a brother or sister of such By A Lease means an equipment note: subservicers, the assets of the trust. other person; and (1) which is secured by equipment F. Subservicer means an entity which, (3) Any corporation or partnership of which is leased; under the supervision of and on behalf which such other person is an officer, (2) which is secured by the obligation of the master servicer, services loans director or partner. of the lessee to pay rent under the contained in the trust, but is not a party N. Control means the power to equipment lease; and to the pooling and servicing agreement. exercise a controlling influence over the (3) with respect to which the trust’s G. Servicer means any entity which management or policies of a person security interest in the equipment is at services loans contained in the trust, other than an individual. least as protective of the rights of the including the master servicer and any O. A person will be ‘‘independent’’ of trust as would be the case if the subservicer. another person only if: equipment note were secured only by H. Trustee means the trustee of the (1) such person is not an affiliate of the equipment and not the lease. trust, and in the case of certificates that other person; and U. Qualified Motor Vehicle Lease which are denominated as debt (2) the other person, or an affiliate means a lease of a motor vehicle where: instruments, also means the trustee of thereof, is not a fiduciary who has (1) The trust holds a security interest the indenture trust. investment management authority or in the lease; I. Insurer means the insurer or renders investment advice with respect (2) The trust holds a security interest guarantor of, or provider of other credit to any assets of such person. in the leased motor vehicle; and P. Sale includes the entrance into a support for, a trust. Notwithstanding the (3) The trust’s security interest in the forward delivery commitment (as foregoing, a person is not an insurer leased motor vehicle is at least as defined in section Q below), provided: solely because it holds securities protective of the trust’s rights as would representing an interest in a trust which (1) The terms of the forward delivery commitment (including any fee paid to be the case if the trust consisted of are of a class subordinated to certificates motor vehicle installment loan representing an interest in the same the investing plan) are no less favorable to the plan than they would be in an contracts. trust. V. Pooling and Servicing Agreement J. Obligor means any person, other arm’s-length transaction with an means the agreement or agreements than the insurer, that is obligated to unrelated party; among a sponsor, a servicer and the make payments with respect to any (2) The prospectus or private trustee establishing a trust. In the case obligation or receivable included in the placement memorandum is provided to of certificates which are denominated as trust. Where a trust contains qualified an investing plan prior to the time the debt instruments, ‘‘Pooling and motor vehicle leases or qualified plan enters into the forward delivery Servicing Agreement’’ also includes the equipment notes secured by leases, commitment; and indenture entered into by the trustee of ‘‘obligor’’ shall also include any owner (3) At the time of the delivery, all the trust issuing such certificates and of property subject to any lease included conditions of this exemption applicable the indenture trustee. in the trust, or subject to any lease to sales are met. W. NISI means Norwest Investment securing an obligation included in the Q. Forward delivery commitment Services, Inc. and its affiliates. trust. means a contract for the purchase or K. Excluded Plan means any plan sale of one or more certificates to be The Department notes that this with respect to which any member of delivered at an agreed future settlement proposed exemption is included within the Restricted Group is a ‘‘plan sponsor’’ date. The term includes both mandatory the meaning of the term ‘‘Underwriter within the meaning of section 3(16)(B) contracts (which contemplate obligatory Exemption’’ as it is defined in section of the Act. delivery and acceptance of the V(h) of Prohibited Transaction L. Restricted Group with respect to a certificates) and optional contracts Exemption 95–60 (60 FR 35925, July 12, class of certificates means: (which give one party the right but not 1995), the Class Exemption for Certain (1) each underwriter; the obligation to deliver certificates to, Transactions Involving Insurance (2) each insurer; or demand delivery of certificates from, Company General Accounts at 35932. (3) the sponsor; the other party). Summary of Facts and Representations (4) the trustee; R. Reasonable compensation has the (5) each servicer; same meaning as that term is defined in 1. NISI is the wholly-owned, (6) any obligor with respect to 29 CFR 2550.408c–2. separately capitalized investment obligations or receivables included in S. Qualified Administrative Fee banking subsidiary of Norwest the trust constituting more than 5 means a fee which meets the following Corporation (Norwest), a diversified percent of the aggregate unamortized criteria: financial services company which was principal balance of the assets in the (1) the fee is triggered by an act or incorporated in Delaware and registered trust, determined on the date of the failure to act by the obligor other than under the Bank Holding Company Act initial issuance of certificates by the the normal timely payment of amounts of 1956, as amended. On September 30, trust; or owing in respect of the obligations; 1996 Norwest’s consolidated assets were (7) any affiliate of a person described (2) the servicer may not charge the fee approximately $78 billion. The in (1)–(6) above. absent the act or failure to act referred principal executive offices of Norwest M. Affiliate of another person to in (1); are located in Minneapolis, Minnesota. includes: (3) the ability to charge the fee, the As of September 30, 1996, Norwest had (1) Any person directly or indirectly, circumstances in which the fee may be subsidiary banks located in 16 states. In through one or more intermediaries, charged, and an explanation of how the addition, non-bank subsidiaries of controlling, controlled by, or under fee is calculated are set forth in the Norwest offer insurance, securities common control with such other pooling and servicing agreement; and brokerage services, investment banking person; (4) the amount paid to investors in the and venture capital investment, and (2) Any officer, director, partner, trust will not be reduced by the amount mortgage banking and consumer employee, relative (as defined in section of any such fee waived by the servicer. finance. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18811

Norwest Mortgage, Inc., an indirect its total gross revenues from such Trust Structure wholly-owned subsidiary of Norwest activities. In addition, NISI’s affiliates 4. Each trust is established under a headquartered in Des Moines, Iowa, is have the power to sell interests in their pooling and servicing agreement one of the largest mortgage banking own assets in the form of asset-backed between a sponsor, a servicer and a originators in the United States, with securities. trustee. The sponsor or servicer of a offices in all 50 states. Norwest trust selects assets to be included in the Trust Assets Financial Services, Inc. (NFI) and its trust. These assets are receivables which subsidiaries engage in consumer finance 2. NISI seeks exemptive relief to may have been originated by a sponsor activities in each of the 50 states, the permit plans to invest in pass-through or servicer of the trust, an affiliate of the Caribbean and Central America and sponsor or servicer, or by an unrelated Canada. NFI is also an indirect wholly- certificates representing undivided interests in the following categories of lender and subsequently acquired by the owned subsidiary of Norwest. 15 trusts: (1) Single and multi-family trust sponsor or servicer. Subsidiaries of NFI also engage in data On or prior to the closing date, the processing activities for other consumer residential or commercial mortgage 12 sponsor acquires legal title to all assets finance companies. investment trusts; (2) motor vehicle selected for the trust, establishes the Norwest Bank Minnesota, N.A. (the receivable investment trusts; (3) trust and designates an independent Bank), a separate wholly-owned consumer or commercial receivables entity as trustee. On the closing date, subsidiary of Norwest, is engaged in investment trusts; and (4) guaranteed the sponsor conveys to the trust legal banking and related activities and is the governmental mortgage pool certificate title to the assets, and the trustee issues largest bank in the banking group. At investment trusts. 13 certificates representing fractional September 30, 1996, the Bank had total 3. Commercial mortgage investment undivided interests in the trust assets. assets of $17.1 billion. The principal trusts may include mortgages on ground NISI, alone or together with other executive offices of the Bank are located leases of real property. Commercial broker-dealers, acts as underwriter or in Minneapolis, Minnesota. The banking placement agent with respect to the sale group also includes ten other mortgages are frequently secured by ground leases on the underlying of the certificates. All of the public commercial banks and one federal offerings of certificates presently savings bank, located in 10 states, property, rather than by fee simple interests. The separation of the fee contemplated are to be underwritten by exceeded $2 billion dollars in total NISI on a firm commitment basis. In assets as of September 30, 1996. simple interest and the ground lease interest is generally done for tax addition, NISI anticipates that it may NISI was incorporated in 1984. It privately place certificates on both a reasons. Properly structured, the pledge maintains its principal place of business firm commitment and an agency basis. of the ground lease to secure a mortgage in Minneapolis, Minnesota, and has NISI may also act as the lead branches in Arizona, Colorado, Iowa, provides a lender with the same level of underwriter for a syndicate of securities Illinois, Indiana, Montana, North security as would be provided by a underwriters. Dakota, Nebraska, New Mexico, South pledge of the related fee simple interest. Certificateholders will be entitled to Dakota, Texas, Washington, Wisconsin The terms of the ground leases pledged receive monthly, quarterly or semi- and Wyoming, as well as the Twin to secure leasehold mortgages will in all annual installments of principal and/or Cities Metropolitan Area. cases be at least ten years longer than interest, or lease payments due on the NISI is a member of the National the term of such mortgages.14 receivables, adjusted, in the case of Association of Securities Dealers and a payments of interest, to a specified primary dealer in U.S. Treasury 12 The Department notes that PTE 83–1 [48 FR rate—the pass-through rate—which may securities. NISI underwrites and deals 895, January 7, 1983], a class exemption for be fixed or variable. in corporate debt securities, municipal mortgage pool investment trusts, would generally When installments or payments are apply to trusts containing single-family residential securities, high-yield securities and made on a semi-annual basis, funds are asset-backed securities, provides private mortgages, provided that the applicable conditions of PTE 83-1 are met. NISI requests relief for single- not permitted to be commingled with placement and corporate finance family residential mortgages in this exemption the servicer’s assets for longer than advisory services, including merger and because it would prefer one exemption for all trusts would be permitted for a monthly-pay acquisition advisory services, publishes of similar structure. However, NISI has stated that security. A segregated account is research on a wide range of securities it may still avail itself of the exemptive relief provided by PTE 83–1. established in the name of the trustee and issuers, and engages in syndication, 13 Guaranteed governmental mortgage pool (on behalf of certificateholders) to hold arranging and trading of bank loans. certificates are mortgage-backed securities with funds received between distribution NISI has experience in asset respect to which interest and principal payable is dates. The account is under the sole guaranteed by the Government National Mortgage securitizations. NISI’s participation in control of the trustee, who invests the securitization transactions includes the Association (GNMA), the Federal Home Loan Mortgage Corporation (FHLMC), or the Federal account’s assets in short-term securities underwriting of public offerings and National Mortgage Association (FNMA). The which have received a rating serving as private placement agent or Department’s regulation relating to the definition of comparable to the rating assigned to the plan assets (29 CFR 2510.3–101(i)) provides that commercial paper conduit agent/dealer certificates. In some cases, the servicer for transactions backed by retail auto where a plan acquires a guaranteed governmental mortgage pool certificate, the plan’s assets include receivables and bank and retail credit the certificate and all of its rights with respect to 15 It is the view of the Department that section cards receivables. such certificate under applicable law, but do not, III.B.(4) includes within the definition of the term NISI represents that in 1989 it solely by reason of the plan’s holding of such ‘‘trust’’ rights under any yield supplement or received Federal Reserve Board certificate, include any of the mortgages underlying similar arrangement which obligates the sponsor or such certificate. The applicant is requesting master servicer, or another party specified in the authorization to underwrite and deal in exemptive relief for trusts containing guaranteed relevant pooling and servicing agreement, to commercial paper, municipal revenue governmental mortgage pool certificates because the supplement the interest rates otherwise payable on bonds, residential mortgage-related certificates in the trusts may be plan assets. the obligations described in section III.B.(1), in securities and consumer receivable- 14 Trust assets may also include obligations that accordance with the terms of a yield supplement are secured by leasehold interests on residential arrangement described in the pooling and servicing related securities. This order is real property. See PTE 90–32 involving Prudential- agreement, provided that such arrangements do not currently subject to the condition that Bache Securities, Inc. (55 FR 23147, June 6, 1990 involve swap agreement or other notional principal NISI does not derive more than 10% of at 23150). contracts. 18812 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices may be permitted to make a single certificateholders will have a beneficial receivables may also function as the deposit into the account once a month. ownership interest in the underlying trust sponsor or servicer. When the servicer makes such monthly assets. In neither case will the rights of 8. The sponsor will be one of three deposits, payments received from a plan purchasing a certificate be entities: (i) A special-purpose or other obligors by the servicer may be subordinated to the rights of another corporation unaffiliated with the commingled with the servicer’s assets certificateholder in the event of default servicer, (ii) a special-purpose or other during the month prior to deposit. on any of the underlying obligations. In corporation affiliated with the servicer, Usually, the period of time between particular, if the amount available for or (iii) the servicer itself. Where the receipt of funds by the servicer and distribution to certificateholders is less sponsor is not also the servicer, the deposit of these funds in a segregated than the amount required to be so sponsor’s role will generally be limited account does not exceed one month. distributed, all senior certificateholders to acquiring the receivables to be Furthermore, in those cases where then entitled to receive distributions included in the trust, establishing the distributions are made semi-annually, will share in the amount distributed on trust, designating the trustee, and the servicer will furnish a report on the a pro rata basis.17 assigning the receivables to the trust. operation of the trust to the trustee on 6. The trust will be maintained as an 9. The trustee of a trust is the legal a monthly basis. At or about the time essentially passive entity. Therefore, owner of the obligations in the trust. this report is delivered to the trustee, it both the sponsor’s discretion and the The trustee is also a party to or will be made available to servicer’s discretion with respect to beneficiary of all the documents and certificateholders and delivered to or assets included in a trust are severely instruments deposited in the trust, and made available to each rating agency limited. Pooling and servicing as such is responsible for enforcing all that has rated the certificates. agreements provide for the substitution the rights created thereby in favor of 5. Some of the certificates will be of receivables by the sponsor only in the certificateholders. multi-class certificates. NISI requests event of defects in documentation The trustee will be an independent exemptive relief for two types of multi- discovered within a short time after the entity, and therefore will be unrelated to class certificates: ‘‘strip’’ certificates and issuance of trust certificates (within 120 NISI, the trust sponsor or the servicer. ‘‘fast-pay/slow-pay’’ certificates. Strip days, except in the case of obligations NISI represents that the trustee will be certificates are a type of security in having an original term of 30 years, in a substantial financial institution or which the stream of interest payments which case the period will not exceed trust company experienced in trust on receivables is split from the flow of two years). Any receivable so activities. The trustee receives a fee for principal payments and separate classes substituted is required to have its services, which will be paid by the of certificates are established, each characteristics substantially similar to servicer or sponsor. The method of representing rights to disproportionate the replaced receivable and will be at compensating the trustee which is payments of principal and interest.16 least as creditworthy as the replaced specified in the pooling and servicing ‘‘Fast-pay/slow-pay’’ certificates receivable. agreement will be disclosed in the involve the issuance of classes of In some cases, the affected receivable prospectus or private placement certificates having different stated would be repurchased, with the memorandum relating to the offering of maturities or the same maturities with purchase price applied as a payment on the certificates. different payment schedules. Interest the affected receivable and passed 10. The servicer of a trust administers and/or principal payments received on through to certificateholders. the receivables on behalf of the certificateholders. The servicer’s the underlying receivables are Parties to Transactions distributed first to the class of functions typically involve, among other certificates having the earliest stated 7. The originator of a receivable is the things, notifying borrowers of amounts maturity of principal, and/or earlier entity that initially lends money to a due on receivables, maintaining records payment schedule, and only when that borrower (obligor), such as a home of payments received on receivables and class of certificates has been paid in full owner or automobile purchaser, or instituting foreclosure or similar (or has received a specified amount) leases property to a lessee. The proceedings in the event of default. In will distributions be made with respect originator may either retain a receivable cases where a pool of receivables has to the second class of certificates. in its portfolio or sell it to a purchaser, been purchased from a number of Distributions on certificates having later such as a trust sponsor. different originators and deposited in a stated maturities will proceed in like Originators of receivables included in trust, the receivables may be manner until all the certificateholders the trusts will be entities that originate ‘‘subserviced’’ by their respective have been paid in full. The only receivables in the ordinary course of originators and a single entity may difference between this multi-class pass- their business, including finance ‘‘master service’’ the pool of receivables through arrangement and a single-class companies for whom such origination on behalf of the owners of the related pass-through arrangement is the order in constitutes the bulk of their operations, series of certificates. Where this which distributions are made to financial institutions for whom such arrangement is adopted, a receivable certificateholders. In each case, origination constitutes a substantial part continues to be serviced from the of their operations, and any kind of perspective of the borrower by the local 16 It is the Department’s understanding that where manufacturer, merchant, or service subservicer, while the investor’s a plan invests in REMIC ‘‘residual’’ interest enterprise for whom such origination is perspective is that the entire pool of certificates to which this exemption applies, some an incidental part of its operations. Each receivables is serviced by a single, of the income received by the plan as a result of trust may contain assets of one or more central master servicer who collects such investment may be considered unrelated business taxable income to the plan, which is originators. The originator of the payments from the local subservicers subject to income tax under the Code. The and passes them through to Department emphasizes that the prudence 17 If a trust issues subordinated certificates, certificateholders. requirement of section 404(a)(l)(B) of the Act would holders of such subordinated certificates may not Receivables of the type suitable for require plan fiduciaries to carefully consider this share in the amount distributed on a pro rata basis and other tax consequences prior to causing plan with the senior certificateholders. The Department inclusion in a trust invariably are assets to be invested in certificates pursuant to this notes that the exemption does not provide relief for serviced with the assistance of a exemption. plan investment in such subordinated certificates. computer. After the sale, the servicer Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18813 keeps the sold receivables on the will purchase the receivables at fair be required to pay the administrative computer system in order to continue market value from the originator or a expenses of servicing the trust, monitoring the accounts. Although the third party pursuant to a purchase and including in some cases the trustee’s records relating to sold receivables are sale agreement related to the specific fee, out of its servicing compensation. kept in the same master file as offering of certificates. In other cases, The servicer is also compensated to receivables retained by the originator, the sponsor will originate the the extent it may provide credit the sold receivables are flagged as receivables itself. enhancement to the trust or otherwise having been sold. To protect the As compensation for the receivables arrange to obtain credit support from investor’s interest, the servicer transferred to the trust, the sponsor another party. This ‘‘credit support fee’’ ordinarily covenants that this ‘‘sold receives certificates representing the may be aggregated with other servicing flag’’ will be included in all records entire beneficial interest in the trust, or fees, and is either paid out of the relating to the sold receivables, the cash proceeds of the sale of such interest income received on the including the master file, archives, tape certificates. If the sponsor receives receivables in excess of the pass-through extracts and printouts. certificates from the trust, the sponsor rate or paid in a lump sum at the time The sold flags are invisible to the sells all or a portion of these certificates the trust is established. obligor and do not affect the manner in for cash to investors or securities 14. The servicer may be entitled to which the servicer performs the billing, underwriters. retain certain administrative fees paid posting and collection procedures 12. The price of the certificates, both by a third party, usually the obligor. related to the sold receivables. However, in the initial offering and in the These administrative fees fall into three the servicer uses the sold flag to identify secondary market, is affected by market categories: (a) prepayment fees; (b) late the receivables for the purpose of forces, including investor demand, the payment and payment extension fees; reporting all activity on those pass-through interest rate on the and (c) expenses, fees and charges receivables after their sale to investors. certificates in relation to the rate associated with foreclosure or Depending on the type of receivable payable on investments of similar types repossession, or other conversion of a and the details of the servicer’s and quality, expectations as to the effect secured position into cash proceeds, computer system, in some cases the on yield resulting from prepayment of upon default of an obligation. servicer’s internal reports can be underlying receivables, and Compensation payable to the servicer adapted for investor reporting with little expectations as to the likelihood of will be set forth or referred to in the or no modification. In other cases, the timely payment. pooling and servicing agreement and servicer may have to perform special The pass-through rate for certificates described in reasonable detail in the calculations to fulfill the investor is equal to the interest rate on prospectus or private placement reporting responsibilities. These receivables included in the trust minus memorandum relating to the certificates. calculations can be performed on the a specified servicing fee.18 This rate is 15. Payments on receivables may be servicer’s main computer, or on a small generally determined by the same made by obligors to the servicer at computer with data supplied by the market forces that determine the price of various times during the period main system. In all cases, the numbers a certificate. The price of a certificate preceding any date on which pass- produced for the investors are and its pass-through, or coupon, rate through payments to the trust are due. reconciled to the servicer’s books and together determine the yield to In some cases, the pooling and servicing reviewed by public accountants. investors. If an investor purchases a agreement may permit the servicer to The underwriter will be a registered certificate at less than par, that discount place these payments in non-interest broker-dealer that acts as underwriter or augments the stated pass-through rate; bearing accounts maintained with itself placement agent with respect to the sale conversely, a certificate purchased at a or to commingle such payments with its of the certificates. Public offerings of premium yields less than the stated own funds prior to the distribution certificates are generally made on a firm coupon. dates. In these cases, the servicer would commitment basis. Private placement of 13. As compensation for performing be entitled to the benefit derived from certificates may be made on a firm its servicing duties, the servicer (who the use of the funds between the date of commitment or agency basis. It is may also be the sponsor or an affiliate payment on a receivable and the pass- anticipated that the lead and co- thereof, and receive fees for acting in through date. Commingled payments managing underwriters will make a that capacity) will retain the difference may not be protected from the creditors market in certificates offered to the between payments received on the of the servicer in the event of the public. receivables in the trust and payments servicer’s bankruptcy or receivership. In In some cases, the originator and payable (at the pass-through rate) to those instances when payments on servicer of receivables to be included in certificateholders, except that in some receivables are held in non-interest a trust and the sponsor of the trust cases a portion of the payments on bearing accounts or are commingled (although they may themselves be receivables may be paid to a third party, with the servicer’s own funds, the related) will be unrelated to NISI. In such as a fee paid to a provider of credit servicer is required to deposit these other cases, however, affiliates of NISI support. The servicer may receive payments by a date specified in the may originate or service receivables additional compensation by having the pooling and servicing agreement into an included in a trust or may sponsor a use of the amounts paid on the account from which the trustee makes trust. receivables between the time they are payments to certificateholders. received by the servicer and the time 16. The underwriter will receive a fee Certificate Price, Pass-Through Rate and they are due to the trust (which time is in connection with the securities Fees set forth in the pooling and servicing underwriting or private placement of 11. In some cases, the sponsor will agreement). The servicer typically will certificates. In a firm commitment obtain the receivables from various underwriting, this fee would consist of originators pursuant to existing 18 The pass-through rate on certificates the difference between what the contracts with such originators under representing interests in trusts holding leases is underwriter receives for the certificates determined by breaking down lease payments into which the sponsor continually buys ‘‘principal’’ and ‘‘interest’’ components based on an that it distributes and what it pays the receivables. In other cases, the sponsor implicit interest rate. sponsor for those certificates. In a 18814 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices private placement, the fee normally master servicer, in its capacity as (b) The master servicer has servicing takes the form of an agency commission servicer, will first advance funds to the guidelines which include a general paid by the sponsor. In a best efforts full extent that it determines that such policy as to the allowable delinquency underwriting in which the underwriter advances will be recoverable (a) Out of period after which an obligation would sell certificates in a public late payments by the obligors, (b) from ordinarily will be deemed uncollectible. offering on an agency basis, the the credit support provider (which may The pooling and servicing agreement underwriter would receive an agency be the master servicer or an affiliate will require the master servicer to commission rather than a fee based on thereof) or, (c) in the case of a trust that follow its normal servicing guidelines the difference between the price at issues subordinated certificates, from and will set forth the master servicer’s which the certificates are sold to the amounts otherwise distributable to general policy as to the period of time public and what it pays the sponsor. In holders of subordinated certificates, and after which delinquent obligations some private placements, the the master servicer will advance such ordinarily will be considered underwriter may buy certificates as funds in a timely manner. When the uncollectible; principal, in which case its servicer is the provider of the credit (c) As frequently as payments are due compensation would be the difference support and provides its own funds to on the receivables included in the trust between what it receives for the cover defaulted payments, it will do so (monthly, quarterly or semi-annually, as certificates that it sells and what it pays either on the initiative of the trustee, or set forth in the pooling and servicing the sponsor for these certificates. on its own initiative on behalf of the agreement), the master servicer is required to report to the independent Purchase of Receivables by the Servicer trustee, but in either event it will provide such funds to cover payments trustee the amount of all past-due 17. The applicant represents that as to the full extent of its obligations under payments and the amount of all servicer the principal amount of the receivables the credit support mechanism. In some advances, along with other current in a trust is reduced by payments, the cases, however, the master servicer may information as to collections on the cost of administering the trust generally not be obligated to advance funds but receivables and draws upon the credit increases, making the servicing of the instead would be called upon to provide support. Further, the master servicer is trust prohibitively expensive at some funds to cover defaulted payments to required to deliver to the trustee point. the full extent of its obligations as annually a certificate of an executive Consequently, the pooling and insurer. Moreover, a master servicer officer of the master servicer stating that servicing agreement generally provides typically can recover advances either a review of the servicing activities has that the servicer may purchase the from the provider of credit support or been made under such officer’s receivables remaining in the trust when from future payments on the affected supervision, and either stating that the the aggregate unpaid balance payable on assets. master servicer has fulfilled all of its obligations under the pooling and the receivables is reduced to a specified If the master servicer fails to advance servicing agreement or, if the master percentage (usually 5 to 10 percent) of funds, fails to call upon the credit servicer has defaulted under any of its the initial aggregate unpaid balance. support mechanism to provide funds to The purchase price of a receivable is obligations, specifying any such default. cover delinquent payments, or specified in the pooling and servicing The master servicer’s reports are otherwise fails in its duties, the trustee agreement and will be at least equal to: reviewed at least annually by would be required and would be able to (1) the unpaid principal balance on the independent accountants to ensure that enforce the certificateholders’ rights, as receivable plus accrued interest, less the master servicer is following its both a party to the pooling and servicing any unreimbursed advances of principal normal servicing standards and that the agreement and the owner of the trust made by the servicer; or (2) the greater master servicer’s reports conform to the estate, including rights under the credit of (a) the amount in (1) or (b) the fair master servicer’s internal accounting support mechanism. Therefore, the market value of such obligations in the records. The results of the independent trustee, who is independent of the case of a REMIC, or the fair market value accountants’ review are delivered to the servicer, will have the ultimate right to of the receivables in the case of a trust trustee; and enforce the credit support arrangement. that is not a REMIC. (d) The credit support has a ‘‘floor’’ When a master servicer advances dollar amount that protects investors Certificate Ratings funds, the amount so advanced is against the possibility that a large 18. The certificates will have received recoverable by the master servicer out of number of credit losses might occur one of the three highest ratings available future payments on receivables held by towards the end of the life of the trust, from either S&P’s, Moody’s, D&P or the trust to the extent not covered by whether due to servicer advances or any Fitch. Insurance or other credit support credit support. However, where the other cause. Once the floor amount has (such as surety bonds, letters of credit, master servicer provides credit support been reached, the servicer lacks an guarantees, or overcollateralization) will to the trust, there are protections in incentive to postpone the recognition of be obtained by the trust sponsor to the place to guard against a delay in calling credit losses because the credit support extent necessary for the certificates to upon the credit support to take amount thereafter is subject to reduction attain the desired rating. The amount of advantage of the fact that the credit only for actual draws. From the time this credit support is set by the rating support declines proportionally with that the floor amount is effective until agencies at a level that is a multiple of the decrease in the principal amount of the end of the life of the trust, there are the worst historical net credit loss the obligations in the trust as payments no proportionate reductions in the experience for the type of obligations on receivables are passed through to credit support amount caused by included in the issuing trust. investors. These safeguards include: reductions in the pool principal (a) There is often a disincentive to balance. Indeed, since the floor is a Provision of Credit Support postponing credit losses because the fixed dollar amount, the amount of 19. In some cases, the master servicer, sooner repossession or foreclosure credit support ordinarily increases as a or an affiliate of the master servicer, activities are commenced, the more percentage of the pool principal balance may provide credit support to the trust value that can be realized on the during the period that the floor is in (i.e. act as an insurer). In these cases, the security for the obligation; effect. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18815

Disclosure certificateholders. Certificateholders a breakdown of payments between 20. In connection with the original will also be provided with periodic principal and interest. information statements setting forth issuance of certificates, the prospectus Forward Delivery Commitments or private placement memorandum will material information concerning the be furnished to investing plans. The underlying assets, including, where 24. To date, no forward delivery prospectus or private placement applicable, information as to the amount commitments have been entered into by memorandum will contain information and number of delinquent and defaulted NISI in connection with the offering of material to a fiduciary’s decision to loans or receivables. any certificates, but NISI may invest in the certificates, including: 22. In the case of a trust that offers contemplate entering into such (a) Information concerning the and sells certificates in a registered commitments. The utility of forward payment terms of the certificates, the public offering, the trustee, the servicer delivery commitments has been rating of the certificates, and any or the sponsor will file such periodic recognized with respect to offering material risk factors with respect to the reports as may be required to be filed similar certificates backed by pools of certificates; under the Securities Exchange Act of residential mortgages, and NISI may (b) A description of the trust as a legal 1934. Although some trusts that offer find it desirable in the future to enter entity and a description of how the trust certificates in a public offering will file into such commitments for the purchase was formed by the seller/servicer or quarterly reports on Form 10–Q and of certificates. other sponsor of the transaction; Annual Reports on Form 10–K, many Secondary Market Transactions (c) Identification of the independent trusts obtain, by application to the trustee for the trust; Securities and Exchange Commission, a 25. It is NISI’s normal policy to (d) A description of the receivables complete exemption from the attempt to make a market for securities contained in the trust, including the requirement to file quarterly reports on for which it is lead or co-managing types of receivables, the diversification Form 10–Q and a modification of the underwriter. NISI anticipates that it will of the receivables, their principal terms, disclosure requirements for annual make a market in certificates, although and their material legal aspects; reports on Form 10–K. If such an it will have no obligation to do so. (e) A description of the sponsor and exemption is obtained, these trusts Retroactive Relief servicer; normally would continue to have the (f) A description of the pooling and obligation to file current reports on 26. NISI represents that it has not servicing agreement, including a Form 8–K to report material assumed that retroactive relief would be description of the seller’s principal developments concerning the trust and granted prior to the date of its representations and warranties as to the the certificates. While the Securities and application, and therefore has not trust assets and the trustee’s remedy for Exchange Commission’s interpretation engaged in transactions related to any breach thereof; a description of the of the periodic reporting requirements is mortgage-backed and asset-backed procedures for collection of payments subject to change, periodic reports securities based on such an assumption. on receivables and for making concerning a trust will be filed to the However, NISI requests the exemptive distributions to investors, and a extent required under the Securities relief granted to be retroactive to description of the accounts into which Exchange Act of 1934. February 12, 1997, the date of its such payments are deposited and from 23. At or about the time distributions application, and would like to rely on which such distributions are made; are made to certificateholders, a report such retroactive relief for transactions identification of the servicing will be delivered to the trustee as to the entered into prior to the date exemptive compensation and any fees for credit status of the trust and its assets, relief may be granted. enhancement that are deducted from including underlying obligations. Such Summary payments on receivables before report will typically contain information distributions are made to investors; a regarding the trust’s assets, payments 27. In summary, the applicant description of periodic statements received or collected by the servicer, the represents that the transactions for provided to the trustee, and provided to amount of prepayments, delinquencies, which exemptive relief is requested or made available to investors by the servicer advances, defaults and satisfy the statutory criteria of section trustee; and a description of the events foreclosures, the amount of any 408(a) of the Act due to the following: that constitute events of default under payments made pursuant to any credit (a) The trusts contain ‘‘fixed pools’’ of the pooling and servicing contract and support, and the amount of assets. There is little discretion on the a description of the trustee’s and the compensation payable to the servicer. part of the trust sponsor to substitute investors’ remedies incident thereto; Such report also will be delivered to or receivables contained in the trust once (g) A description of the credit support; made available to the rating agency or the trust has been formed; (h) A general discussion of the agencies that have rated the trust’s (b) Certificates in which plans invest principal federal income tax certificates. will have been rated in one of the three consequences of the purchase, In addition, promptly after each highest rating categories by S&P’s, ownership and disposition of the pass- distribution date, certificateholders will Moody’s, D&P or Fitch. Credit support through securities by a typical investor; receive a statement prepared by the will be obtained to the extent necessary (i) A description of the underwriters’ servicer, paying agent or trustee to attain the desired rating; plan for distributing the pass-through summarizing information regarding the (c) All transactions for which NISI securities to investors; and trust and its assets. Such statement will seeks exemptive relief will be governed (j) Information about the scope and include information regarding the trust by the pooling and servicing agreement, nature of the secondary market, if any, and its assets, including underlying which is made available to plan for the certificates. receivables. Such statement will fiduciaries for their review prior to the 21. Reports indicating the amount of typically contain information regarding plan’s investment in certificates; payments of principal and interest are payments and prepayments, (d) Exemptive relief from sections provided to certificateholders at least as delinquencies, the remaining amount of 406(b) and 407 for sales to plans is frequently as distributions are made to the guaranty or other credit support and substantially limited; and 18816 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

(e) NISI anticipates that it will make trust mortgages or the principal balance III. Limited Section 406(b) and Section a secondary market in certificates. of the largest mortgage. 407(a) Relief for Sales The exemptive relief proposed herein Discussion of Proposed Exemption NISI represents that in some cases a differs from that provided by PTE 83– trust sponsor, trustee, servicer, insurer, I. Differences Between Proposed 1 in the following major respects: (1) and obligor with respect to receivables Exemption and Class Exemption PTE The proposed exemption provides contained in a trust, or an underwriter 83–1 individual exemptive relief rather than of certificates may be a pre-existing class relief; (2) The proposed exemption The exemptive relief proposed herein party in interest with respect to an covers transactions involving trusts investing plan.20 In these cases, a direct is similar to that provided in PTE 81– containing a broader range of assets than 7 [46 FR 7520, January 23, 1981], Class or indirect sale of certificates by that single-family residential mortgages; (3) party in interest to the plan would be a Exemption for Certain Transactions Instead of requiring a system for Involving Mortgage Pool Investment prohibited sale or exchange of property insuring the pooled receivables, the under section 406(a)(1)(A) of the Act. 21 Trusts, amended and restated as PTE proposed exemption conditions relief 83–1 [48 FR 895, January 7, 1983]. Likewise, issues are raised under upon the certificates having received section 406(a)(1)(D) of the Act where a PTE 83–1 applies to mortgage pool one of the three highest ratings available plan fiduciary causes a plan to purchase investment trusts consisting of interest- from S&P’s, Moody’s, D&P or Fitch certificates where trust funds will be bearing obligations secured by first or (insurance or other credit support used to benefit a party in interest. second mortgages or deeds of trust on would be obtained only to the extent Additionally, NISI represents that a single-family residential property. The necessary for the certificates to attain trust sponsor, servicer, trustee, insurer, exemption provides relief from sections the desired rating); and (4) The and obligor with respect to receivables 406(a) and 407 for the sale, exchange or proposed exemption provides more contained in a trust, or an underwriter transfer in the initial issuance of limited section 406(b) and section 407 of certificates representing an interest in mortgage pool certificates between the relief for sales transactions. a trust may be a fiduciary with respect trust sponsor and a plan, when the II. Ratings of Certificates to an investing plan. NISI represents sponsor, trustee or insurer of the trust is that the exercise of fiduciary authority After consideration of the a party-in-interest with respect to the by any of these parties to cause the plan representations of the applicant and plan, and the continued holding of such to invest in certificates representing an information provided by S&P’s, certificates, provided that the conditions interest in the trust would violate Moody’s, D&P and Fitch, the set forth in the exemption are met. PTE section 406(b)(1), and in some cases Department has decided to condition 83–1 also provides exemptive relief section 406(b)(2), of the Act. from section 406(b)(1) and (b)(2) of the exemptive relief upon the certificates Moreover, NISI represents that to the Act for the above-described transactions having attained a rating in one of the extent there is a plan asset ‘‘look when the sponsor, trustee or insurer of three highest generic rating categories through’’ to the underlying assets of a the trust is a fiduciary with respect to from S&P’s, Moody’s, D&P or Fitch. The trust, the investment in certificates by a the plan assets invested in such Department believes that the rating plan covering employees of an obligor certificates, provided that additional condition will permit the applicant under receivables contained in a trust conditions set forth in the exemption flexibility in structuring trusts may be prohibited by sections 406(a) are met. In particular, section 406(b) containing a variety of mortgages and and 407(a) of the Act. relief is conditioned upon the approval other receivables while ensuring that After consideration of the issues of the transaction by an independent the interests of plans investing in involved, the Department has fiduciary. Moreover, the total value of certificates are protected. The determined to provide the limited certificates purchased by a plan must Department also believes that the ratings sections 406(b) and 407(a) relief as not exceed 25 percent of the amount of are indicative of the relative safety of specified in the proposed exemption. the issue, and at least 50 percent of the investments in trusts containing secured aggregate amount of the issue must be receivables. The Department is Notice to Interested Persons acquired by persons independent of the conditioning the proposed exemptive The applicant represents that because trust sponsor, trustee or insurer. Finally, relief upon each particular type of asset- those potentially interested participants PTE 83–1 provides conditional backed security having been rated in and beneficiaries cannot all be exemptive relief from section 406(a) and one of the three highest rating categories identified, the only practical means of (b) of the Act for transactions in for at least one year and having been notifying such participants and connection with the servicing and sold to investors other than plans for at beneficiaries of this proposed operation of the mortgage trust. least one year.19 exemption is by the publication of this Under PTE 83–1, exemptive relief for notice in the Federal Register. 19 In referring to different ‘‘types’’ of asset- Comments and requests for a hearing the above transactions is conditioned NISIcked securities, the Department means upon the sponsor and the trustee of the certificates representing interests in trusts mortgage trust maintaining a system for containing different ‘‘types’’ of receivables, such as must have been ‘‘seasoned’’ (e.g., originated at least single family residential mortgages, multi-family one year prior to the plan’s investment in the trust). insuring or otherwise protecting the residential mortgages, commercial mortgages, home 20 In this regard, we note that the exemptive relief pooled mortgage loans and the property equity loans, auto loan receivables, installment proposed herein is limited to certificates with securing such loans, and for obligations for consumer durables secured by respect to which NISI or any of its affiliates is either indemnifying certificateholders against purchase money security interests, etc. The (a) the sole underwriter or manager or co-manager Department intends this condition to require that of the underwriting syndicate, or (b) a selling or reductions in pass-through payments certificates in which a plan invests are of the type placement agent. due to defaults in loan payments or that have been rated (in one of the three highest 21 The applicant represents that where a trust property damage. This system must generic rating categories by S&P’s, D&P, Fitch or sponsor is an affiliate of NISI, sales to plans by the provide such protection and Moody’s) and purchased by investors other than sponsor may be exempt under PTE 75–1, Part II plans for at least one year prior to the plan’s (relating to purchases and sales of securities by indemnification up to an amount not investment pursuant to the proposed exemption. In broker-dealers and their affiliates), if NISI is not a less than the greater of one percent of this regard, the Department does not intend to fiduciary with respect to plan assets to be invested the aggregate principal balance of all require that the particular assets contained in a trust in certificates. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18817 must be received by the Department not exemption may be made to the exemption as Prohibited Transaction later than 30 days from the date of Department. Exemption 97–16. publication of this notice of proposed Signed at Washington, DC, this 14th day of FOR FURTHER INFORMATION CONTACT: Mr. exemption in the Federal Register. April, 1997. E. F. Williams, of the Department, at For Further Information Contact: Gary Ivan Strasfeld, (202) 219–8194. Lefkowitz of the Department, telephone (202) 219–8881. (This is not a toll-free Director of Exemption Determinations, Signed at Washington, DC, this 14th day of Pension and Welfare Benefits Administration, number.) April, 1997. U.S. Department of Labor. Ivan L. Strasfeld, General Information [FR Doc. 97–9974 Filed 4–16–97; 8:45 am] Director, Office of Exemption Determinations, The attention of interested persons is BILLING CODE 4510±29±P Pension and Welfare Benefits Administration. directed to the following: [FR Doc. 97–9976 Filed 4–16–97; 8:45 am] (1) The fact that a transaction is the BILLING CODE 4510±29±P subject of an exemption under section DEPARTMENT OF LABOR 408(a) of the Act and/or section 4975(c)(2) of the Code does not relieve Pension and Welfare Benefits a fiduciary or other party in interest of Administration NATIONAL COMMISSION ON disqualified person from certain other LIBRARIES AND INFORMATION [Prohibited Transaction Exemption 97±16] provisions of the Act and/or the Code, SCIENCE including any prohibited transaction United States Trust Company of New Sunshine Act Meeting provisions to which the exemption does York and Affiliated Companies (US not apply and the general fiduciary Trust) TIME, DATE, AND PLACE: responsibility provisions of section 404 of the Act, which among other things AGENCY: Department of Labor. • NCLIS Meeting 7 May 1997, 10:00 require a fiduciary to discharge his ACTION: Notice of Technical Correction. a.m.–5:00 p.m. 1110 Vermont Avenue, duties respecting the plan solely in the NW., Suite 810, Washington, DC. interest of the participants and On March 5, 1997, the Department of • Joint NCLIS Meeting with National beneficiaries of the plan and in a Labor (the Department) published in the Museum Services Board 8 May 1997, prudent fashion in accordance with Federal Register (62 FR 10080) an 9:00 a.m.–4:00 p.m. Old Post Office section 404(a)(1)(b) of the act; nor does individual exemption which permits: Building, Room M–09, 1100 it affect the requirement of section (1) Effective as of May 31, 1996, the in- Pennsylvania Avenue, NW., 401(a) of the Code that the plan must kind transfer to any diversified open- Washington, DC. operate for the exclusive benefit of the end investment company (the Fund or • NCLIS Meeting 9 May 1997, 9:00 employees of the employer maintaining Funds) registered under the Investment a.m.–1:30 p.m. 1110 Vermont Avenue, the plan and their beneficiaries; Company Act of 1940 to which US Trust NW., Suite 810, Washington, DC. (2) Before an exemption may be serves as investment adviser and may MATTERS TO BE DISCUSSED ON 7 MAY AND granted under section 408(a) of the Act provide other services (i.e. ‘‘Secondary 9 MAY 1997: and/or section 4975(c)(2) of the Code, Services’’ as defined in therein), of the the Department must find that the assets of various employee benefit plans • Reports from NCLIS Commissioners exemption is administratively feasible, (the Plans) that are either held in certain on meetings of library, information or in the interests of the plan and of its collective investment funds (CIFs) other related groups. participants and beneficiaries and maintained by US Trust or otherwise • Annual ethics training. protective of the rights of participants held by US Trust as trustee, investment • Update on NCLIS project to assess and beneficiaries of the plan; manager, or in any other capacity as standards for the creation, (3) The proposed exemptions, if fiduciary on behalf of the Plans, in dissemination, and permanent granted, will be supplemental to, and exchange for shares of such Funds; and accessibility of electronic government not in derogation of, any other (2) effective as of June 30, 1996, the information products. provisions of the Act and/or the Code, receipt of fees by US Trust from the • Update on NCLIS/ALA 1997 survey including statutory or administrative Funds for acting as the investment of public libraries and the Internet. exemptions and transitional rules. adviser for the Funds as well as for • Library Services and Technology Furthermore, the fact that a transaction acting as the custodian, transfer agent, Act (LSTA): Review of LSTA transition is subject to an administrative or sub-administrator or for providing other to the Institute of Museum and Library statutory exemption is not dispositive of ‘‘Secondary Services’’ to the Funds in Services (IMLS), discussion of draft whether the transaction is in fact a connection with the investment in the regulations for National Leadership prohibited transaction; and Funds by Plans for which US Trust acts Grants and Contracts, NCLIS process for (4) The proposed exemptions, if as a fiduciary, other than Plans advising IMLS, LSTA coordination with granted, will be subject to the express established and maintained by US Trust other federal programs. condition that the material facts and for the benefit of its employees and their • NCLIS programs, plans, and representations contained in each beneficiaries. actions—FY 1997–98. application are true and complete and In the March 5th Federal Register • White House Conference on Library accurately describe all material terms of publication, there was an error in the and Information Services Taskforce the transaction which is the subject of numerical sequence of the exemptions (WHCLIST). the exemption. In the case of continuing published on that date. In this regard, • Library Statistics Program. exemption transactions, if any of the the subject exemption was erroneously • Other matters. material facts or representations designated as ‘‘* * * Prohibited To request further information or to described in the application change Transaction Exemption 97–17’’, rather make special arrangements for after the exemption is granted, the than Prohibited Transaction Exemption physically challenged persons, contact exemption will cease to apply as of the 97–16 as intended by the Department. Barbara Whiteleather (202–606–9200) date of such change. In the event of any Therefore, the Department hereby no later than one week in advance of the such change, application for a new corrects such error by designating the meeting. 18818 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Dated: 15 April 1997. NATIONAL INSTITUTE FOR LITERACY Estimated Number of Responses Per Peter R. Young, Respondent: 1. NCLIS Executive Director. Proposed OMB Information Collection Estimated Total Annual Burden on [FR Doc. 97–10139 Filed 4–15–97; 2:58 pm] Activities; Comment Request Respondents: 210 hours. Frequency of Collection: One time. BILLING CODE 7527±01±M AGENCY: National Institute for Literacy Send comments regarding the burden (NIFL). estimate or any other aspect of the ACTION: Notice. information collection, including suggestions for reducing the burden to: NATIONAL CREDIT UNION SUMMARY: In compliance with the ADMINISTRATION Jaleh Behroozi Soroui, National Institute Paperwork Reduction Act (44 U.S.C. for Literacy, 800 Connecticut Ave., NW., Sunshine Act Meeting; Notice of 3501 et seq.), this notice announces an Suite 200, Washington, DC 20006. Change in Subject of Meeting Information Collection Request (ICR) by the NIFL. The ICR describes the nature Request for Comments The National Credit Union of the information collection and its NIFL solicits comments to: Administration Board determined that expected cost and burden. (i) Evaluate whether the proposed agency business requires the deletion of DATE: Comments must be submitted on collection of information is necessary the following items from the previously or before May 19, 1997. for the proper performance of the functions of the agency, including announced open meeting (Federal ADDRESSES: All comments concerning whether the information will have Register, Vol. 62, No. 7, Page 18152, these proposed activities should be practical utility. April 14, 1997) scheduled for addressed to Jaleh Behroozi Soroui, (ii) Evaluate the accuracy of the Wednesday, April 16, 1997. National Institute for Literacy, 800 agency’s estimates of the burden of the 1. Request from a Federal Credit Connecticut Avenue NW., Suite 200, proposed collection of information. Union to Convert to a Community Washington DC 20006. Comments may Charter. (iii) Enhance the quality, utility, and also be sent through the Internet to clarity of the information to be 2. Request from a Federal Credit [email protected]. Union to Expand its Community collected. FOR FURTHER INFORMATION CONTACT: Charter. (iv) Minimize the burden of the The Board voted (2–to–1, Vice Jaleh Behroozi Soroui at (202) 632– collection of information on those who Chairman Bowne´ voted against) to 1506, Fax at (202) 632–1512, or e-mail: are to respond, including through the delete these items from the open [email protected] use of appropriate automated or agenda. Agency business requires these SUPPLEMENTARY INFORMATION: electronic collection technologies of changes and no earlier announcement of other forms of information technology, Title: NIFL Regional Technology HUB this was possible. e.g., permitting electronic submission of Project. The previously announced items responses. Abstract: The National Literacy Act of were: Dated: April 11, 1997. 1991 established the National Institute 1. Approval of Minutes of Previous for Literacy and required that the NIFL Andrew J. Hartman, Open Meeting. conduct basic and applied research and Director, NIFL. 2. Request from a Federal Credit demonstrations on literacy; collect and [FR Doc. 97–9909 Filed 4–16–97; 8:45 am] Union to Convert to a Community disseminate information to Federal, BILLING CODE 6055±01±M Charter. State and local entities with respect to 3. Request from a Federal Credit literacy; and improve and expand the Union to Expand its Community system for delivery of literacy services. NATIONAL SCIENCE FOUNDATION Charter. This form will be used by organizations 4. Request from a Federal Credit to apply for funding to expand LINCS Proposed Collection: Comment Union to Convert to a Low-Income regional hubs activities, resources, and Request Community Charter. services that will enhance technological 5. Charter Application from a Title of Proposed Collection: National capacity for electronic exchange across Proposed Community Federal Credit Science Foundation Applicant Survey. the literacy community. Evaluations to Union. The National Science Foundation determine successful applicants will be 6. Request from a Federal Credit (NSF) is announcing plans to request made by a panel of literacy experts Union to Convert to a Mutual Savings renewal of this collection. In accordance using the published criteria. The Bank Charter. with the requirement of Section Institute will use this information to 7. NCUA Board Policy Statement on 3506(c)(2)(A) of the Paperwork make a minimum of one cooperative Special Actions. Reduction Act of 1995, we are providing agreement award for a period of up to 8. Notice of Proposed Rulemaking: opportunity for public comment on this 3 years. Amendments to Part 792, NCUA’s Rules proposed renewal. After obtaining and and Regulations, Production of Burden Statement: The burden for considering public comment, NSF will Nonpublic Records and Testimony of this collection of information is prepare the submission requesting that NCUA Employees in Private Legal estimated at 55 hours per response. This OMB grant renewal of this survey for no Proceedings. estimate includes the time needed to longer than 3 years. review instructions, complete the form, To request more information on the FOR FURTHER INFORMATION CONTACT: and review the collection of proposed project that is described below Becky Baker, Secretary of the Board, information. or to obtain a copy of the data collection Telephone (703) 518–6304. Respondents: Statewide Adult Basic plans and instruments, call the NSF Becky Baker, Education and Literacy Organizations, Clearance Officer on (703) 306–1125 Secretary of the Board. Regions II, III and IV. x2010 or email at [email protected]. [FR Doc. 97–10061 Filed 4–15–97; 9:31 am] Estimated Number of Respondents: Comments are invited on (a) whether BILLING CODE 7535±01±M 15. the proposed collection of information Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18819 is necessary for the proper performance Partnership’ voting leadership; and (3) Limit the presentations to matters of the functions of the Agency, diversity requirements. pertinent to the issues raised in this including whether the information shall notice. DATE AND ADDRESS: have practical utility; (b) the accuracy of Background: National Skill Standards the Agency’s estimate of the burden of Hearing Date and Address Board the proposed collection of information; (c) ways to enhance the quality, utility, Monday, May 12, 1997, Hyatt Regency The National Skill Standards Board and clarity of the information on on Capitol Hill, 400 New Jersey was created by The National Skill respondents, including through the use Avenue, N.W., Washington, DC Standards Act of 1994 (108 Stat 192,20 of automated collection techniques or 20001, (202) 737–1234. U.S.C. 5933), signed into law by other forms of information technology. Comment Date for Public Hearing President Clinton on March 31, 1994. Proposed Renewal Project: The The Board’s purpose as stated in the Act current National Science Foundation Comments and notices of intent to is ‘‘to serve as a catalyst in stimulating Applicant Survey has been in use for 3 present oral statements at the hearing the development and adoption of a years. Data were collected from must be received 5 business days before voluntary national system of skill applicant pools to examine the racial/ the hearing by the NSSB Public Hearing standards and of assessment and sexual/disability composition and to Coordinator at the address below. certification of attainment of skill determine the source of information Written comments may be submitted standards: (1) that will serve as a about NSF vacancies. through the hearing date, May 12, to the cornerstone of the national strategy to Use of the information: Analysis of National Skill Standards Board office. enhance workforce skills; (2) that will the applicant pools is necessary to The requirements for the comments are result in increased productivity, determine if NSF’s targeted recruitment set forth in the ‘‘Additional economic growth, and American efforts are reaching groups that are Information’’ section below. economic competitiveness; and (3) that can be used consistent with civil rights underrepresented in the Agency’s TO SUBMIT WRITTEN TESTIMONY OR FOR laws’’ by the stakeholders enumerated workforce and/or to defend the FURTHER INFORMATION CONTACT: NSSB in the Act: the nation, industries, Foundation’s practices in Public Hearing Coordinator, National employers, labor organizations, workers, discrimination cases. Skill Standards Board, 1441 L Street, students, entry-level workers, training Burden on the public: The Foundation NW, Suite 9000, Washington, DC estimates about 5,000 responses providers, educators and government. 20005–3512, (202)–254–8628 (voice) This hearing is one in a series of annually at 3 minutes per response; this (202)–254–8646 (fax). activities conducted by the NSSB to computes to approximately 250 hours engage in extensive public consultation annually. ADDITIONAL INFORMATION: as it deliberates the creation of a Please send comments to Gail A. Form of Public Comment national voluntary skill standards McHenry, Reports Clearance Officer, system. At prior public hearings held in National Science Foundation, 4201 The hearing will begin at 9:00 a.m. 1996 at numerous locations throughout Wilson Boulevard, Suite 245, Arlington, and adjourn at 3:00 p.m. To assist the the country, the Board gathered input Virginia 22230 or send email to NSSB in scheduling speakers, the from employers, professional [email protected]. Written comments written notice of intent to present oral associations, trade associations, unions, should be received within 60 days of the comments should include the following educators, parents, community date of this notice. information: 1) the name, address, and telephone number of each person to organizations, state government Dated: April 11, 1997. appear; 2) title and affiliation; and 3) the agencies, and others. Their views Gail A. McHenry, specific questions, issues or concerns provided a framework for the Board’s Reports Clearance Officer. that will be addressed. development of a voluntary system of [FR Doc. 97–9899 Filed 4–16–97; 8:45 am] Individuals who do not register in skill standards. The National Skill BILLING CODE 7555±01±M advance will be permitted to register Standards Board will continue to and speak, if time permits, in order of develop its policies and approaches by registration. Speakers should limit their sharing its preliminary thinking with NATIONAL SKILL STANDARDS oral remarks to no more than 10 the public before the Board’s final BOARD minutes. Although it is anticipated that adoption of policies. The Board also published in the all persons desiring to speak will have December 19, 1996 Federal Register its Request for Comments; Notice of an opportunity to do so, time limits may Proposal to Establish a Voluntary Public Hearing not allow this to occur. However, all National Skill Standard System and written statements will be accepted and The National Skill Standards Board requested comments from the public. incorporated into the public record. The (NSSB) announces a public hearing to The Proposal described the grouping of proceedings will be audit-taped and stimulate public dialogue on key issues jobs for the purpose of creating skill transcribed. relevant to the decision-making of the standards, as required by the National NSSB, and notifies the public of the Meeting Procedure Skill Standards Act, and the framework date, location, and time of the hearing. to guide the establishment of a skill Members of the National Skill This public hearing will solicit the standards system. public’s views on the NSSB’s proposed Standards Board will comprise the criteria necessary to receive NSSB hearing panel. A designated member of Background: Voluntary Partnerships recognition as a Voluntary Partnership, the NSSB will preside at the hearing. To create these skill standards, the the entity that will develop skill The Presiding Board Member will: enabling legislation charges the NSSB standards systems in accordance with (1) Regulate the course of the meeting, with the encouragement of the the 1994 National Skill Standards Act. including the order of appearance of establishment of voluntary Partnerships The NSSB’s proposed criteria cover: persons presenting oral statements; within each cluster. These Voluntary roles and governance of a Voluntary (2) Dispose of procedural matters; and Partnerships will establish the 18820 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices standards, subject to NSSB approval, for successfully protecting the rights of (3) Community representatives from basic skill certificates. They will also racial, ethnic, or religious minorities, education and training institutions, review and endorse the standards for women, individuals with disabilities, or community-based organizations, specialty certificates established for older persons; and relevant state and local agencies, other more narrowly defined occupations (D) individuals with expertise in policy development organizations with within the occupational cluster by measurement and assessment, including expertise in the area of workforce skill groups other than the voluntary relevant experience in designing requirements, individuals with Partnership. unbiased assessments and performance- expertise in measurement and The enabling legislation requires based assessments. assessment, and non-governmental representation of all key stakeholders (3) Experts—The partnerships organizations with a demonstrated groups as described herein: described in paragraph (1) may also history of successfully protecting the rights of women, individuals with Excerpted from the National Skill include such other individuals who are disabilities, older persons, and racial, Standards Act of 1994 independent, qualified experts in their fields. ethnic or religious minorities. Establishment of Voluntary Specific representation from Partnerships to Develop Standards.— The NSSB Proposed Criteria in Addition community members and institutions (1) In General—For each of the to Statutory Criteria Necessary for will be determined as is logical for the occupational clusters identified Recognition as a Voluntary Partnership cluster, e.g. if training is primarily pursuant to subsection (a), the National The NSSB proposes that there will be delivered in community and career Board shall encourage and facilitate the two levels of participation in the colleges, then representation should establishment of voluntary partnerships Voluntary Partnerships; (1) general include individuals from that to develop a skill standards system in membership; and (2) voting community. accordance with subsection (d). membership. The voting members of the Voluntary (2) Representatives—Such voluntary General membership will be open to Partnerships shall also, to the extent partnerships shall include the full and all individuals interested in feasible, be geographically balanced participation of— participating in the discussion and representative of the United States and (A)(i) representatives of business receiving communications about the reflect the racial, ethnic, and gender (including representatives of large development of a voluntary skill diversity of the United States. employers and representatives of small standards system for the cluster. A copy of the authorizing legislation employers) who have expertise in the Representatives from the trade will be available at the hearing. area of workforce skill requirements, associations that have received grants Interested parties may access a copy on and who are recommended by national from the Department of Labor or the the National Skill Standards Board web business organizations or trade Department of Education to establish site, www.nssb.org or call (202) 254– associations representing employers in skill standards prior to the date of 8628 to request a copy. the occupation or industry for which a enactment of the National Skill Signed at Washington, DC, this 14th day of standard is being developed; and Standards Act of 1994 are specifically April, 1997. (ii) representatives of trade invited to participate at this level, and Edie West, associations that have received grants may participate in the voting Executive Director, National Skill Standards from the Department of Labor or the membership as well. Board. Department of Education to establish Voting membership will be [FR Doc. 97–9973 Filed 4–16–97; 8:45 am] skill standards prior to the date of determined by the general membership BILLING CODE 4510±23±M enactment of this title; through a democratic process. The (B) employee representatives who voting membership will make decisions have expertise in the area of workforce regarding the cluster’s skill standards skill requirements and who shall be— NUCLEAR REGULATORY (i) individuals recommended by systems. The voting leadership must COMMISSION recognized national labor organizations reflect, to the extent possible, the criteria defined below. Abnormal Occurrence Reports: representing employees in the Implementation of Section 208 Energy occupation or industry for which a The NSSB mission statement indicates that ‘‘voluntary skill standards Reorganization Act of 1974; Revision standard is being developed; and to Policy Statement (ii) such other individuals who are will be developed by industry in full nonmanagerial employees with partnership with education, labor and AGENCY: Nuclear Regulatory significant experience and tenure in community stakeholders.’’ The NSSB Commission. expects that, in keeping with its mission such occupation or industry as are ACTION: Revise policy statement. appropriate given the nature and statement, the Voluntary Partnerships structure of employment in the will demonstrate employer leadership, SUMMARY: This policy statement occupation or industry; but will make every effort to include presents the revised criteria the (C) representatives of— equal numbers from each of the Commission will use in submitting the (i) educational institutions; following three broadly defined groups annual abnormal occurrence (AO) (ii) community-based organizations; of stakeholders in the voting leadership: reports to Congress and the public in a (iii) State and local agencies with (1) Employer representatives from timely manner as stated in Section 208 administrative control or direction over large, medium, small companies, public of the Energy Reorganization Act of education, vocational-technical and private employers, and trade 1974, as amended. The AO policy education, or employment and training; associations. statement incorporates minor changes to (iv) other policy development (2) Worker representatives from implement the Commission’s direction organizations with expertise in the area recognized national labor organizations to develop conforming changes as of workforce skill requirements; and and expert workers who are necessary and revise criteria III., ‘‘For (v) non-governmental organizations representatives of employee Fuel Cycle Licensees,’’ to include with a demonstrated history of associations. facilities that are not licensed but are Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18821 otherwise regulated and will receive information specified in clauses (1) and NUREG–0090–6 through 10 and NRC certification such as gaseous (2) of this section as reasonably possible NUREG–0090, Volumes 1 through 18. diffusion plants. The revision clarifies within 15 days of its receiving The Commission published a further the AO criteria for all fuel facilities information of each AO and shall revision to the AO policy statement and including gaseous diffusion plants. provide as wide dissemination to the criteria in the Federal Register on Such revision provides criteria which public as reasonably possible of the December 19, 1996 (61 FR 67072) to are more specific for fuel facilities in information specified in clauses (3) and reflect changes in the Commission’s determining those incidents and events (4) as soon as such information becomes policy and changes to the regulations. In that the Commission considers available. the Staff Requirements Memorandum significant from the standpoint of public In July 1975, in the exercise of the dated November 7, 1996, SECY–96–193, health and safety for reporting to authority conferred upon the approving this most recent revision to Congress. Commission by Congress to determine the AO criteria the Commission directed EFFECTIVE DATE: April 17, 1997. which unscheduled incidents or events the NRC staff to determine whether ADDRESSES: The final policy statement are significant from the standpoint of modifications to criteria III., ‘‘For Fuel published in the Federal Register public health and safety and are Cycle Licensees,’’ were necessary to (December 19, 1996; 61 FR 67072) may reportable to Congress as AOs, the explicitly include fuel cycle facilities be examined at the NRC Public Commission developed interim criteria that are not licensed but are otherwise Document Room, 2120 L Street, NW. for evaluating licensee incidents or regulated by NRC such as the gaseous (Lower Level), Washington, DC. events. On the basis of these interim diffusion plants. The NRC staff FOR FURTHER INFORMATION CONTACT: criteria and as required by Section 208 evaluated the criteria applicable to fuel Harriet Karagiannis, Office for Analysis of the Energy Reorganization Act of cycle facilities and has revised the and Evaluation of Operational Data, U.S. 1974, as amended, the Commission criteria as follows: Nuclear Regulatory Commission, began issuing quarterly reports to A. AO criteria published December 1 Washington, DC 20555, telephone: (301) Congress on AOs. These reports, 19, 1996: 415–6377, internet: [email protected]. ‘‘Report to Congress on Abnormal III. For Fuel Cycle Licensees. Occurrences,’’ have been issued in 1. A required plant shutdown as a SUPPLEMENTARY INFORMATION: NUREG–75/090 and NUREG–0090–1 result of violating a license condition or I. Background through 5 for the period from January other safety limit. II. The Commission Policy 1975 through September 1976. On the 2. A major condition not specifically basis of its experience in the preparation considered in the license that requires I. Background and issuance of AO reports, the immediate remedial action. Section 208 of the Energy Commission issued a general statement 3. An event that seriously Reorganization Act of 1974 (Public Law of policy that described the manner in compromises the ability of a 93–438, 42 U.S.C. 5848), as amended, which it would, as part of the routine confinement system to perform its required the Commission to submit to conduct of its business, carry out its designated function. Congress each quarter a report listing for responsibilities under Section 208 of the B. Revised AO criteria to include that period any AOs at or associated Energy Reorganization Act of 1974, as gaseous diffusion plants: with any facility which is licensed or amended, for identifying AOs and IV. For Fuel Cycle Facilities. otherwise regulated pursuant to the making the requisite information 1. A shutdown of the plant or portion Atomic Energy Act of 1954, as amended, concerning each occurrence available to of the plant resulting from a significant or pursuant to this Act. In a letter to the Congress and the public in a timely event and/or violation of a law, Senate Subcommittee on Oversight of manner. This general statement of regulation, or a license/certificate Government Management, dated policy was published in the Federal condition. October 1, 1993, the NRC recommended Register on February 24, 1977 (42 FR 2. A major condition or significant to Congress a change in the AO report 10950) and provided criteria and event not considered in the license/ publication frequency from quarterly to examples of types of events that the certificate that requires immediate yearly. As a result, Senate 790, ‘‘Reports Commission would use in determining remedial action. 3. A major condition or significant Elimination Act,’’ Public Law 104–66, whether a particular event is reportable event that seriously compromises the was signed by President Clinton on to Congress as an AO. The Commission ability of a safety system to perform its December 21, 1995, changing the AO has since refined this statement of designated function that requires report to a yearly publication. policy on a number of occasions to immediate remedial action to prevent a For the purposes of Section 208 of the reflect changes in regulation and policy. criticality, radiological or chemical Energy Reorganization Act of 1974, as On the basis of these criteria, and as process hazard. amended, an AO is an unscheduled required by Section 208 of the Energy It is expected that as additional incident or event which the Reorganization Act of 1974, as experience is gained, further changes in Commission has determined to be amended, the Commission has issued the criteria may be required. significant from the standpoint of public quarterly reports to Congress on AOs health and safety. Each such report shall since March 1977. These reports, Abnormal Occurrence Reporting contain: ‘‘Report to Congress on Abnormal The AO statement of policy has been (1) The date and place of each Occurrences,’’ have been issued in occurrence; developed to comply with the legislative intent of Section 208 of the (2) The nature and probable 1 Copies of NUREGS may be purchased from the consequence of each occurrence; Superintendent of Documents, U.S. Government Energy Reorganization Act of 1974, as (3) The cause or causes of each Printing Office, (P.O. BOX 37082), Washington, DC amended, to keep Congress and the occurrence; and 20402–9328. Copies are also available from the public informed of unscheduled (4) Any action taken to prevent National Technical Information Service, 5285 Port incidents or events which the Royal Road, Springfield, VA 22161. A copy is recurrence. available for inspection and/or copying for a fee in Commission considers significant from The Commission also shall provide as the NRC Public Document Room, 2120 L Street, NW the standpoint of public health and wide dissemination to the public of the (Lower Level), Washington, DC 20037. safety. The policy reflects a range of 18822 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices health and safety concerns and is Commission business and does not Energy Reorganization Act of 1974, as applicable to incidents and events impose requirements on licensees 2 or amended. involving a single occupational worker certified facilities. Reports will cover An incident or event will be as well as those having an overall certain unscheduled incidents or events considered an AO if it involves a major impact on the general public. related to the manufacture, reduction in the degree of protection of The policy statement contains criteria construction, or operation of a facility or the public health or safety. This type of that include the reporting thresholds for conduct of an activity subject to the incident or event would have a determining those incidents and events requirements of Parts 20, 30 through 36, moderate or more severe impact on the that are reportable by NRC for the 39, 40, 50, 61, 70, 71, or 72 of Chapter public health or safety and could purposes of Section 208 of the Energy I, Title 10, Code of Federal Regulations include, but need not be limited to the Reorganization Act of 1974, as (10 CFR). following: amended. The Commission has Through an exchange of information, (1) Moderate exposure to, or release established the reporting thresholds at a Agreement States provide information level that will ensure that all events that of, radioactive material licensed by or to the NRC on incidents and events otherwise regulated by the Commission; should be considered for reporting to involving applicable nuclear materials (2) Major degradation of essential Congress will be identified. At the same that have occurred in their States. Those safety-related equipment; or time, the thresholds are generally above events reported by Agreement States the normal level of reporting to NRC to that reach the threshold for reporting as (3) Major deficiencies in design, exclude those events that involve some an AO are also published in the ‘‘Report construction, use of, or management variance from regulatory limits, but are to Congress on Abnormal Occurrences.’’ controls for facilities or radioactive not significant from the standpoint of 2. Definition of terms. As used in this material licensed by or otherwise public health and safety. policy statement: regulated by the Commission. Licensee Reports (a) An ‘‘abnormal occurrence’’ means Criteria by type of event used to determine which incidents or events This general statement of policy will an unscheduled incident or event at a will be considered for reporting as AOs not change the reporting requirements facility or associated with an activity are set out in Appendix A of this policy imposed on NRC licensees by that is licensed or otherwise regulated, statement. Commission regulations, license pursuant to the Atomic Energy Act of conditions, or technical specifications 1954, as amended, or the Energy 4. Commission dissemination of AO (TS). NRC licensees will continue to Reorganization Act of 1974, as information. submit required reports on a wide amended, that the Commission (a) The Commission will provide as spectrum of events, including events determines to be significant from the wide a dissemination of information to such as instrument malfunctions and standpoint of public health and safety; the public as reasonably possible. deviations from normal operating and Information on potential AOs (events procedures that are not significant from (b) An ‘‘unintended radiation that may meet the AO criteria) will be the standpoint of the public health and exposure’’ includes any occupational sent to the NRC Public Document Room safety, but do provide data useful to the exposure, exposure to the general and all local public document rooms as Commission in monitoring operating public, or exposure as a result of a soon as possible after the staff trends of licensed facilities and in medical misadministration (as defined determines that the incident is a comparing the actual performance of in § 35.2) involving the wrong potential AO. A Federal Register notice these facilities with the potential individual that exceeds the reporting will be issued on each AO report with performance for which the facilities values established in the regulations. copies distributed to the NRC Public were designed and/or licensed. All other reported medical Document Room and all local public Information pertaining to all events misadministrations will be considered document rooms. When additional reported to the NRC will continue to be for reporting as an AO under the criteria information is anticipated, the notice made available and placed in the public for medical licensees. In addition, will state that the information can be document rooms for public perusal. In unintended radiation exposures include obtained at the NRC Public Document addition, the NRC publishes annual any exposure to a nursing child, fetus, Room and in all local public document reports on events (NUREG–1272 series). or embryo as a result of an exposure rooms. Information can also be obtained by (other than an occupational exposure to (b) Each year, the Commission will writing to the U.S. Nuclear Regulatory an undeclared pregnant woman) to a submit a report to Congress listing for Commission, Public Document Room, nursing mother or pregnant woman that period any AOs at or associated 2120 L Street, NW. (Lower Level) above specified values. with any facility or activity which is Washington, DC 20555–0001. In 3. Abnormal occurrence general licensed or otherwise regulated addition, the Commission will continue statement of policy. The Commission pursuant to the Atomic Energy Act of to issue news announcements on events will apply the following policy in 1954, as amended, or the Energy that seem to be newsworthy whether or determining whether an incident or Reorganization Act of 1974, as not they are reported as AOs. event at a facility or involving an amended. This report will contain the II. The Commission Policy—General activity that is licensed or otherwise date, place, nature, and probable Statement of Policy on Implementation regulated by the Commission is an AO consequence of each AO, the cause or of Section 208 of the Energy within the purview of Section 208 of the causes of each AO, and any action taken Reorganization Act of 1974, as to prevent recurrence. Amended 2 In addition to the criteria listed in Appendix A, section III, ‘‘For Fuel Cycle Facilities,’’ which are Appendix A—Abnormal Occurrence 1. Applicability. Implementation of applicable to licensees and certificate holders, such Criteria Section 208 of the Energy as the gaseous diffusion plants (GDPs), other criteria of the policy statement which reference ‘‘licensees’’ Criteria by types of events used to Reorganization Act of 1974, as or ‘‘licensed facility’’ or ‘‘licensed material’’ may determine which incidents or events will be amended, Abnormal Occurrence also be applied to events at certified facilities such considered for reporting as AOs are as Reports, involves the conduct of as the GDPs. follows: Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18823

I. For All Licensees for special form (sealed/nondispersible) B. Design or Safety Analysis Deficiency, sources, or the smaller of the A2 or 0.01 times Personnel Error, or Procedural or A. Human Exposure to Radiation From the A1 values, as listed in Table A–1, for Administrative Inadequacy Licensed Material normal form (unsealed/dispersible) sources 1. Discovery of a major condition not 1. Any unintended radiation exposure to or for sources for which the form is not specifically considered in the safety analysis an adult (any individual 18 years of age or known. Excluded from reporting under this report (SAR) or TS that requires immediate older) resulting in an annual total effective criterion are those events involving sources remedial action. dose equivalent (TEDE) of 250 millisievert that are lost, stolen, or abandoned under the 2. Personnel error or procedural (mSv) (25 rem) or more; or an annual sum of following conditions: sources abandoned in deficiencies that result in loss of plant the deep dose equivalent (external dose) and accordance with the requirements of 10 CFR capability to perform essential safety committed dose equivalent (intake of 39.77(c); sealed sources contained in labeled, functions so that a release of radioactive radioactive material) to any individual organ rugged source housings; recovered sources materials, which could result in exceeding or tissue other than the lens of the eye, bone with sufficient indication that doses in the dose limits of 10 CFR Part 100 or 5 times marrow and the gonads, of 2500 mSv (250 excess of the reporting thresholds specified the dose limits of 10 CFR Part 50, Appendix rem) or more; or an annual dose equivalent in AO criteria I.A.1 and I.A.2 did not occur A, GDC 19, could occur from a postulated to the lens of the eye, of 1 Sv (100 rem) or during the time the source was missing; and transient or accident (e.g., loss of emergency more; or an annual sum of the deep dose unrecoverable sources lost under such core cooling system, loss of control rod equivalent and committed dose equivalent to conditions that doses in excess of the system). the bone marrow, and the gonads, of 1 Sv reporting thresholds specified in AO criteria (100 rem) or more; or an annual shallow-dose III. For Fuel Cycle Facilities I.A.1 and I.A.2 were not known to have equivalent to the skin or extremities of 2500 1. A shutdown of the plant or portion of mSv (250 rem) or more. occurred. the plant resulting from a significant event 2. Any unintended radiation exposure to 2. A substantiated case of actual or and/or violation of a law, regulation, or a any minor (an individual less than 18 years attempted theft or diversion of licensed license/certificate condition. of age) resulting in an annual TEDE of 50 material or sabotage of a facility. 2. A major condition or significant event mSv (5 rem) or more, or to an embryo/fetus 3. Any substantiated loss of special nuclear not considered in the license/certificate that resulting in a dose equivalent of 50 mSv (5 material or any substantiated inventory requires immediate remedial action. rem) or more. discrepancy that is judged to be significant 3. A major condition or significant event 3. Any radiation exposure that has resulted relative to normally expected performance, that seriously compromises the ability of a in unintended permanent functional damage and that is judged to be caused by theft or safety system to perform its designated to an organ or a physiological system as diversion or by substantial breakdown of the function that requires immediate remedial determined by a physician. accountability system. action to prevent a criticality, radiological or 4. Any substantial breakdown of physical chemical process hazard. B. Discharge or Dispersal of Radioactive security or material control (i.e., access IV. For Medical Licensees Material From Its Intended Place of control containment or accountability Confinement systems) that significantly weakened the A medical misadministration that: 1. The release of radioactive material to an protection against theft, diversion, or (a) Results in a dose that is (1) equal to or unrestricted area in concentrations which, if sabotage. greater than 1 gray (Gy) (100 rads) to a major averaged over a period of 24 hours, exceed portion of the bone marrow, to the lens of the 5000 times the values specified in Table 2 of D. Other Events (i.e., Those Concerning eye, or to the gonads, or (2) equal to or greater Appendix B to 10 CFR Part 20, unless the Design, Analysis, Construction, Testing, than 10 Gy (1000 rads) to any other organ; licensee has demonstrated compliance with Operation, Use, or Disposal of Licensed and § 20.1301 using §§ 20.1302 (b) (1) or 20.1302 Facilities or Regulated Materials) (b) Represents either (1) a dose or dosage (b) (2) (ii). 1. An accidental criticality [10 CFR that is at least 50 percent greater than that 2. Radiation levels in excess of the design 70.52(a)]. prescribed in a written directive or (2) a values for a package, or the loss of 2. A major deficiency in design, prescribed dose or dosage that (i) is the 4 confinement of radioactive material resulting construction, control, or operation having wrong radiopharmaceutical, or (ii) is in one or more of the following: (a) a significant safety implications requiring delivered by the wrong route of administration, or (iii) is delivered to the radiation dose rate of 10 mSv (1 rem) per immediate remedial action. wrong treatment site, or (iv) is delivered by hour or more at 1 meter (3.28 feet) from the 3. A serious deficiency in management or the wrong treatment mode, or (v) is from a accessible external surface of a package procedural controls in major areas. leaking source(s). containing radioactive material; (b) a 4. Series of events (where individual radiation dose rate of 50 mSv (5 rem) per events are not of major importance), V. Guidelines for ‘‘Other Events of Interest’’ hour or more on the accessible external recurring incidents, and incidents with The Commission may determine that surface of a package containing radioactive implications for similar facilities (generic events other than AOs may be of interest to material and that meet the requirements for incidents) that create a major safety concern. Congress and the public and be included in ‘‘exclusive use’’ as defined in 10 CFR 71.47; an Appendix to the AO report as ‘‘Other or (c) release of radioactive material from a II. For Commercial Nuclear Power Plant Licensees Events of Interest.’’ Guidelines for events to package in amounts greater than the be included in the AO report for this purpose regulatory limits in 10 CFR 71.51(a)(2). A. Malfunction of Facility, Structures, or are items that may possibly be perceived by C. Theft, Diversion, or Loss of Licensed Equipment the public to be of health or safety Material, or Sabotage or Security Breach 3 1. Exceeding a safety limit of license significance. Such items would not involve a major reduction in the level of protection 1. Any lost, stolen, or abandoned sources technical specification (TS) [§ 50.36(c)]. 2. Serious degradation of fuel integrity, provided for public health or safety; that exceed 0.01 times the A1 values, as listed therefore, they would not be reported as primary coolant pressure boundary, or in 10 CFR Part 71, Appendix A, Table A–1, abnormal occurrences. An example is an primary containment boundary. event where upon final evaluation by an NRC 3 3. Loss of plant capability to perform Information pertaining to certain incidents may Incident Investigation Team, or an be either classified or under consideration for essential safety functions so that a release of Agreement State equivalent response, a classification because of national security radioactive materials, which could result in determination is made that the event does implications. Classified information will be exceeding the dose limits of 10 CFR Part 100 withheld when formally reporting these incidents or 5 times the dose limits of 10 CFR Part 50, in accordance with Section 208 of the Energy 4 The wrong radiopharmaceutical as used in the Reorganization Act of 1974, as amended. Any Appendix A, General Design Criterion (GDC) AO criterion for medical misadministrations refers classified details regarding these incidents would 19, could occur from a postulated transient to any radiopharmaceutical other than the one be available to the Congress, upon request, under or accident (e.g., loss of emergency core listed in the written directive or in the clinical appropriate security arrangements. cooling system, loss of control rod system). procedures manual. 18824 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices not meet the criteria for an abnormal at Unit 2. Further the staff finds the does not involve a significant increase in the occurrence. above sufficient justification for the probability or consequences of an accident Dated at Rockville, Maryland, this 11th day licensee’s exigent request for the license previously evaluated. of April, 1997. amendments. 2. The proposed change does not create the For the Nuclear Regulatory Commission. possibility of a new or different kind of Before issuance of the proposed accident from any accident previously Annette Vietti-Cook, license amendments, the Commission evaluated. Acting Secretary of the Commission. will have made findings required by the This proposal does not create the [FR Doc. 97–9912 Filed 4–16–97; 8:45 am] Atomic Energy Act of 1954, as amended probability of a new or different type of BILLING CODE 7590±01±P (the Act) and the Commission’s accident from any accident previously regulations. evaluated. The proposed change only Pursuant to 10 CFR 50.91(a)(6) for reconciles the scope of response time testing NUCLEAR REGULATORY amendments to be granted under described in the surveillance requirements COMMISSION exigent circumstances, the NRC staff with the elimination of selected response time testing, performed in accordance with must determine that the amendment [Docket Nos. 50±387 and 50±388] the NRC-approved methodology delineated request involves no significant hazards in the LTR. Pennsylvania Power & Light Company; consideration. Under the Commission’s Implementation of the LTR methodology Notice of Consideration of Issuance of regulations in 10 CFR 50.92, this means for eliminating selected response time testing Amendments to Facility Operating that operation of the facility in also does not create the probability of a new License; Proposed No Significant accordance with the proposed or different type of accident from any accident previously evaluated. A review of Hazards Consideration Determination, amendment would not (1) involve a significant increase in the probability or the failure modes of the affected plant and Opportunity for a Hearing equipment indicates that sluggish response of consequences of an accident previously the instruments and relays can be detected by The U.S. Nuclear Regulatory evaluated; or (2) create the possibility of Commission (the Commission) is other Technical Specification surveillances. a new or different kind of accident from A review of SSES response time testing considering issuance of an amendment any accident previously evaluated; or history revealed one response time test to Facility Operating License Nos. NPF– (3) involve a significant reduction in a failure. This failure would have been 14 and NPF–22, issued to Pennsylvania margin of safety. As required by 10 CFR detectable by the logic system functional test Power & Light Company (PP&L) (the 50.91(a), the licensee has provided its for this channel. Redundancy and diversity licensee) for operation of the analysis of the issue of no significant of the affected channels provide additional Susquehanna Steam Electric Station hazards consideration, which is assurance that all affected functions will operate within the acceptance limits assumed Units 1 and 2, located in Luzerne presented below: County, Pennsylvania. in the plant safety analyses. The proposed amendment would 1. The proposed change does not involve PP&L’s adherence to the conditions listed clarify the scope of the surveillance a significant increase in the probability or in the NRC SER [Safety Evaluation Report] requirements for response time testing consequences of an accident previously for the LTR provides additional assurance evaluated. that sluggish response of instruments and of instrumentation in the reactor This proposal does not involve a relays will be detected by the other required protection system, isolation actuation significant increase in the probability or Technical Specification tests. A review of system, and emergency core cooling consequences of an accident previously various safety analyses performed as part of system in the Technical Specifications evaluated. The proposed change only PP&L’s 10 CFR 50.59 safety evaluation (TSs) for each unit (Sections 4.3.1.3, reconciles the scope of response time testing revealed that the five-second delay did not 4.3.2.3, and 4.3.3.3). described in the surveillance requirements adversely affect the assumptions in the PP&L’s request for a license with the elimination of selected response respective analyses. amendment for each unit under exigent time testing, performed in accordance with Therefore, the proposed change does not circumstances resulted from its recent the NRC-approved methodology delineated create the possibility of a new or different discovery that the wording of the TS in the BWROG [Boiling Water Reactor kind of accident from any accident Owners Group] Licensing Topical Report previously evaluated. surveillance was not reconciled with the (LTR) NEDO–32291, ’System Analyses for 3. The proposed change does not involve initiative to eliminate selected response Elimination of Selected Response Time a significant reduction in the margin of time testing from the TSs. Accordingly, Testing Requirements,’ dated January 1994. safety. the licensee determined that this Implementation of the LTR (i.e., elimination The change does not involve a significant condition was a TS noncompliance and of response time testing for selected reduction in the margin of safety. The that prompt action to correct this instrumentation in the Reactor Protection proposed change only reconciles the scope of situation was necessary because failure System, Isolation Actuation System and response time testing described in the to satisfy TS surveillance requirements Emergency Core Cooling System) does not surveillance requirements with the for response time requires that the increase the probability or consequences of elimination of selected response time testing, various instruments and systems be an accident or malfunction of equipment performed in accordance with the NRC- important to safety as previously evaluated in approved methodology delineated in the declared inoperable, resulting in the TS the FSAR. LTR. required entry into cold shutdown for All SSES component model numbers were Implementation of the LTR methodology Unit 1 (shutdown from 100% power) analyzed for the failure mode of a sluggish for eliminating selected response time testing and the prevention of fuel movement response. As documented in the LTR, each also does not involve a significant reduction and the imposition of additional component’s sluggish response can be in the margin of safety. The current response restrictions for Unit 2 currently in a detected by other Technical Specification times are based on the maximum allowable refueling outage. The staff finds that it required tests (functional tests, calibrations values assumed in the plant safety analyses. would be more prudent to permit the and logic system functional tests). This The analyses conservatively establish the licensee to rely upon the existing supports the contention that the use of such margin of safety. As described above, the ‘‘qualitative’’ testing does not affect the elimination of selected response time testing response time testing for Unit 1 in lieu capability of the associated systems to does not affect the capability of the of testing at power, and forcing an perform their intended function within their associated systems to perform their intended unnecessary plant challenge by shutting required response time. function within the allowed response time down this plant, and also in lieu of Based upon the analysis presented above, used as the basis for the plant safety analyses. restricting refueling and other activities PP&L concludes that the proposed action Plant and system response to an initiating Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18825 event will remain in compliance within the delivered to Room 6D22, Two White admitted as a party may amend the assumptions of the safety analyses, and Flint North, 11545 Rockville Pike, petition without requesting leave of the therefore the margin of safety is not affected. Rockville, Maryland, from 7:30 a.m. to Board up to 15 days prior to the first This is based upon the sluggish response of 4:15 p.m. Federal workdays. Copies of prehearing conference scheduled in the an instrument or relay being detected by the other required Technical Specification tests, written comments received may be proceeding, but such an amended component reliability, and redundancy and examined at the NRC Public Document petition must satisfy the specificity diversity of the affected functions. A review Room, the Gelman Building, 2120 L requirements described above. of the five-second delay of each function Street, NW., Washington, DC. Not later than 15 days prior to the first confirms that margin exists in the design The filing of requests for hearing and prehearing conference scheduled in the basis for the technician to detect a sluggish petitions for leave to intervene is proceeding, a petitioner shall file a response within five seconds. PP&L’s discussed below. supplement to the petition to intervene adherence to the conditions listed in the NRC By May 19, 1997, the licensee may file which must include a list of the SER for the LTR provides additional a request for a hearing with respect to assurance that sluggish response of contentions which are sought to be instruments and relays will be detected by issuance of the amendment to the litigated in the matter. Each contention the other required Technical Specification subject facility operating license and must consist of a specific statement of tests. As described above, a review of various any person whose interest may be the issue of law or fact to be raised or safety analyses performed as part of PP&L’s affected by this proceeding and who controverted. In addition, the petitioner 10 CFR 50.59 safety evaluation revealed that wishes to participate as a party in the shall provide a brief explanation of the the five-second delay did not adversely affect proceeding must file a written request bases of the contention and a concise the assumptions in the respective analyses. for a hearing and a petition for leave to statement of the alleged facts or expert Thus, PP&L concludes that the proposed intervene. Requests for a hearing and a opinion which support the contention change does not involve a significant petition for leave to intervene shall be reduction in the margin of safety. and on which the petitioner intends to filed in accordance with the rely in proving the contention at the The NRC staff has reviewed the Commission’s ‘‘Rules of Practice for hearing. The petitioner must also licensee’s analysis and, based on this Domestic Licensing Proceedings’’ in 10 provide references to those specific review, it appears that the three CFR Part 2. Interested persons should sources and documents of which the standards of 10 CFR 50.92(c) are consult a current copy of 10 CFR 2.714 petitioner is aware and on which the satisfied. Therefore, the NRC staff which is available at the Commission’s petitioner intends to rely to establish proposes to determine that the Public Document Room, the Gelman those facts or expert opinion. Petitioner amendment request involves no Building, 2120 L Street, NW., must provide sufficient information to significant hazards consideration. Washington, DC, and at the local public show that a genuine dispute exists with The Commission is seeking public document room located at the Osterhout the applicant on a material issue of law comments on this proposed Free Library, Reference Department, 71 or fact. Contentions shall be limited to determination. Any comments received South Franklin Street, Wilkes-Barre, PA matters within the scope of the within 14 days after the date of 18701. If a request for a hearing or amendment under consideration. The publication of this notice will be petition for leave to intervene is filed by contention must be one which, if considered in making any final the above date, the Commission or an proven, would entitle the petitioner to determination. Atomic Safety and Licensing Board, relief. A petitioner who fails to file such Normally, the Commission will not designated by the Commission or by the a supplement which satisfies these issue the amendment until the Chairman of the Atomic Safety and requirements with respect to at least one expiration of the 14-day notice period. Licensing Board Panel, will rule on the contention will not be permitted to However, should circumstances change request and/or petition; and the participate as a party. during the notice period, such that Secretary or the designated Atomic Those permitted to intervene become failure to act in a timely way would Safety and Licensing Board will issue a parties to the proceeding, subject to any result, for example, in derating or notice of hearing or an appropriate limitations in the order granting leave to shutdown of the facility, the order. intervene, and have the opportunity to Commission may issue the license As required by 10 CFR 2.714, a participate fully in the conduct of the amendment before the expiration of the petition for leave to intervene shall set hearing, including the opportunity to 14-day notice period, provided that its forth with particularity the interest of present evidence and cross-examine final determination is that the the petitioner in the proceeding, and witnesses. amendment involves no significant how that interest may be affected by the If the amendment is issued before the hazards consideration. The final results of the proceeding. The petition expiration of the 30-day hearing period, determination will consider all public should specifically explain the reasons the Commission will make a final and State comments received. Should why intervention should be permitted determination on the issue of no the Commission take this action, it will with particular reference to the significant hazards consideration. If a publish in the Federal Register a notice following factors: (1) the nature of the hearing is requested, the final of issuance. The Commission expects petitioner’s right under the Act to be determination will serve to decide when that the need to take this action will made a party to the proceeding; (2) the the hearing is held. occur very infrequently. nature and extent of the petitioner’s If the final determination is that the Written comments may be submitted property, financial, or other interest in amendment request involves no by mail to the Chief, Rules Review and the proceeding; and (3) the possible significant hazards consideration, the Directives Branch, Division of Freedom effect of any order which may be Commission may issue the amendment of Information and Publications entered in the proceeding on the and make it immediately effective, Services, Office of Administration, U.S. petitioner’s interest. The petition should notwithstanding the request for a Nuclear Regulatory Commission, also identify the specific aspect(s) of the hearing. Any hearing held would take Washington, DC 20555–0001, and subject matter of the proceeding as to place after issuance of the amendment. should cite the publication date and which petitioner wishes to intervene. If the final determination is that the page number of this Federal Register Any person who has filed a petition for amendment request involves a notice. Written comments may also be leave to intervene or who has been significant hazards consideration, any 18826 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices hearing held would take place before PENSION BENEFIT GUARANTY Since 1990, the PBGC has collected the issuance of any amendment. CORPORATION information on the companies whose A request for a hearing or a petition underfunded plans present the largest Agency Information Collection potential claims against the PBGC by for leave to intervene must be filed with Activities: Proposed Collection; the Secretary of the Commission, U.S. taking data from public corporate Comment Request; Firms with annual reports and the PBGC premium Nuclear Regulatory Commission, Significant Pension Plan Underfunding filings and adjusting that information to Washington, DC 20555–0001, Attention: a standard interest rate and mortality Docketing and Services Branch, or may AGENCY: Pension Benefit Guaranty Corporation. table. Because the annual report data be delivered to the Commission’s Public often includes foreign and other non- ACTION: Document Room, the Gelman Building, Notice. PBGC covered plans and the premium 2120 L Street, NW., Washington, DC, by SUMMARY: The Pension Benefit Guaranty filings are not complete enough for this the above date. Where petitions are filed Corporation intends to request that the purpose, companies (and the PBGC) during the last 10 days of the notice Office of Management and Budget were concerned about the accuracy and period, it is requested that the petitioner (‘‘OMB’’) extend the approval for a completeness of the data. After the first promptly so inform the Commission by collection of information under the public use of this data, companies a toll-free telephone call to Western Paperwork Reduction Act. The suggested that the PBGC give them a Union at 1–(800) 248–5100 (in Missouri information collection relates to the chance to review the data. 1–(800) 342–6700). The Western Union opportunity the PBGC gives companies As a result, the PBGC now annually operator should be given Datagram maintaining single-employer pension contacts companies with the largest Identification Number N1023 and the plans with significant underfunding to underfunding and requests that they following message addressed to John F. correct data that the PBGC has on their verify (or correct) and, if they wish, Stolz, Director, Project Directorate I–2: plans’ underfunding. The effect of this supplement PBGC information on the petitioner’s name and telephone notice is to solicit public comment on amount of accumulated and vested number, date petition was mailed, plant this collection of information prior to benefits, the amount of plan assets, and name, and publication date and page the PBGC’s request for an extension of the interest and mortality assumptions number of this Federal Register notice. approval. they used to value benefits in their covered plans. Respondents also may A copy of the petition should also be DATES: Comments should be submitted sent to the Office of the General to the PBGC by June 16, 1997. choose to recalculate accumulated, vested, and guaranteed benefits, and Counsel, U.S. Nuclear Regulatory ADDRESSES: All written comments Commission, Washington, DC 20555– administrative expense loading charges, should be addressed to: The Office of as well as to provide information on 0001, and to Jay Silberg, Esquire, Shaw, the General Counsel, Pension Benefit additional contributions made to the Pittman, Potts and Trowbridge, 2300 N Guaranty Corporation, Suite 340, 1200 K plans. The PBGC provides two simple Street NW., Washington, DC 20037, Street, NW., Washington, DC 20005. The response forms (which are not required attorney for the licensee. comments will be available for public to be used). In response to requests from Nontimely filings of petitions for inspection at the PBGC companies, the PBGC also provides leave to intervene, amended petitions, Communications and Public Affairs sample enrolled actuary certifications. supplemental petitions and/or requests Department, Suite 240, 1200 K Street, These certifications are required for for hearing will not be entertained NW., Washington, DC 20005, between companies that elect to recalculate the hours of 9 a.m. and 4 p.m. Copies absent a determination by the benefits or administrative expenses. of the materials may be obtained free of Commission, the presiding officer or the The PBGC uses the responses to charge by writing to the PBGC presiding Atomic Safety and Licensing improve the accuracy, timeliness, and Communications and Public Affairs completeness of information obtained Board that the petition and/or request Department at the above address. should be granted based upon a from other sources. The data is used in FOR FURTHER INFORMATION CONTACT: balancing of the factors specified in 10 various agency efforts, including James L. Beller, Attorney, Office of the CFR 2.714(a)(1) (i)–(v) and 2.714(d). estimating the potential exposure of the General Counsel, Suite 340, 1200 K single-employer termination insurance For further details with respect to this Street, NW., Washington, DC 20005, program, legislative and other policy action, see the application for 202–326–4024 (202–326–4179 for TTY analyses, selecting plans for monitoring, amendment dated April 4, 1997, which and TDD). (These are not toll-free responding to congressional requests for is available for public inspection at the numbers.) information on companies whose plans Commission’s Public Document Room, SUPPLEMENTARY INFORMATION: The PBGC are significantly underfunded, and the Gelman Building, 2120 L Street, administers the pension plan identifying for the public those NW., Washington, DC, and at the local termination insurance programs under companies with large levels of public document room, located at the Title IV of the Employee Retirement underfunding (including the amount of Osterhout Free Library, Reference Income Security Act of 1974 (‘‘ERISA’’) underfunding by company) or poor Department, 71 South Franklin street, (29 U.S.C. 1001 et seq.). To address funding ratios. Wilkes-Barre, PA 18701. concerns about the potential The PBGC expects to contact about Dated at Rockville, Maryland, this 11th day vulnerability of the single-employer 400 companies annually (more if the of April 1997. insurance program to large claims, the interest rate is low; fewer if the interest PBGC needs current information on the rate is high) whose underfunding for For the Nuclear Regulatory Commission. funded status of plans with large vested benefits is greater than $25 Chester Poslusny, amounts of underfunding. Information million. Based on prior experience, the Senior Project Manager, Project Directorate otherwise available to the PBGC is PBGC assumes that 90% of those I–2, Division of Reactor Projects—I/II, Office either not current enough (Form 5500 contacted (360 responses) will choose to of Nuclear Reactor Regulation. filings), not complete enough (PBGC respond (even though this collection of [FR Doc. 97–9911 Filed 4–16–97; 8:45 am] Form 1 filings), or not public (filings information is voluntary). The PBGC BILLING CODE 7590±01±P under ERISA section 4010). estimates that the total annual hour Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18827 burden that will result from this • Monitoring access under managed SMALL BUSINESS ADMINISTRATION collection is 1,440 hours and that the care; total annual cost burden is $216,000. • Serving vulnerable populations in [Declaration of Disaster #2933] The PBGC is soliciting public managed care; comments to: • Monitoring changes in the health Commonwealth of Kentucky (i) Evaluate whether the proposed care market; and (Amendment #5) collection of information is necessary • Coordinating retiree health coverage for the proper performance of the with Medicare. In accordance with a notice from the functions of the agency, including Final agendas will be mailed on April Federal Emergency Management whether the information will have 24, 1997 and will be available on the Agency, dated April 9, 1997, the above- practical utility; Commission’s web site (www.pprc.gov) numbered Declaration is hereby (ii) Evaluate the accuracy of the at that time. amended to include the Counties of agency’s estimate of the burden of the ADDRESS: 2120 L Street, N.W.; Suite 200; Barren, Boyle, Green, Johnson, Knott, proposed collection of information, Washington, D.C. 20037. The telephone Letcher, Logan, Marion, Muhlenberg, including the validity of the number is 202/653–7220. Perry, Russell, Taylor, and Trigg in the methodology and assumptions used; FOR FURTHER INFORMATION CONTACT: Commonwealth of Kentucky as a (iii) Enhance the quality, utility, and Debbie Kramer, Executive Assistant, at disaster area due to damage caused by clarity of the information to be 202/653–7220. severe storms, tornadoes, and flooding beginning on March 1, 1997 and collected; and SUPPLEMENTARY INFORMATION: If you are (iv) Minimize the burden of the not on the Commission mailing list and continuing through March 31, 1997. collection of information on those who wish to receive an agenda, please call In addition, applications for economic are to respond, including through the 202/653–7220 after April 24, 1997. injury loans from small businesses located in the following contiguous use of appropriate automated, Lauren LeRoy, counties may be filed until the specified electronic, mechanical, or other Executive Director. technological collection techniques or date at the previously designated [FR Doc. 97–9872 Filed 4–16–97; 8:45 am] other forms of information technology, location: Breathitt, Clay, Clinton, e.g., permitting electronic submission of BILLING CODE 6820±SE±M Harlan, Leslie, Lincoln, Owsley, responses. Pulaski, and Wayne in the Commonwealth of Kentucky. Any Issued in Washington, DC this 14th day of SMALL BUSINESS ADMINISTRATION April, 1997. counties contiguous to the above-named # primary counties and not listed herein John Seal, [Declaration of Disaster 2933; Amendment #4] have already been covered. Acting Executive Director, Pension Benefit All other information remains the Guaranty Corporation. Commonwealth of Kentucky same, i.e., the deadline for filing [FR Doc. 97–9929 Filed 4–16–97; 8:45 am] applications for physical damage is May BILLING CODE 7708±01±P] In accordance with a notice from the Federal Emergency Management 3, 1997 and for economic injury the Agency, dated April 7, 1997, the above- termination date is December 4, 1997. PHYSICIAN PAYMENT REVIEW numbered Declaration is hereby (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008.) COMMISSION amended to include the Counties of Adair and Metcalfe in the Dated: April 10, 1997. Commission Meeting Commonwealth of Kentucky as a Herbert Mitchell, disaster area due to damage caused by Acting Associate Administrator for Disaster AGENCY: Physician Payment Review severe storms, tornadoes, and flooding Assistance. Commission. beginning on March 1, 1997 and [FR Doc. 97–9944 Filed 4–16–97; 8:45 am] ACTION : Notice of meeting. continuing through March 31, 1997. BILLING CODE 8025±01±P In addition, applications for economic SUMMARY: The Commission will hold its injury loans from small businesses next public meeting on Thursday, May located in the following contiguous SMALL BUSINESS ADMINISTRATION 1, 1997 and Friday, May 2, 1997 at the counties may be filed until the specified Washington Marriott, 1221 22nd Street date at the previously designated [Declaration of Disaster #2945] NW, Washington, D.C. The May 1 location: Casey and Russell in the meeting will be in the West End Salon Commonwealth of Kentucky. Any State of Tennessee and the May 2 meeting will be in the counties contiguous to the above-named DuPont Ballroom. The meetings are As a result of the President’s major primary counties and not listed herein tentatively scheduled to begin at 10:00 disaster declaration on April 2, 1997, I have already been covered. find that the following counties in the a.m. on May 1 and at 9:00 a.m. on May All other information remains the State of Tennessee constitute a disaster 2. same, i.e., the deadline for filing area due to damages caused by severe At the meeting, the Commission will applications for physical damage is May storms and tornadoes on March 28 review drafts of reports due to the 3, 1997 and for economic injury the through March 29, 1997: Bradley, Congress later this spring concerning termination date is December 4, 1997. volume performance standards and Hamilton, Polk, Sequatchie, and Smith. conversion factor updates, beneficiary (Catalog of Federal Domestic Assistance Applications for loans for physical access to care under fee for service, and Program Nos. 59002 and 59008) damages may be filed until the close of beneficiary financial liability. It will Dated: April 9, 1997. business on June 1, 1997, and for loans also discuss the Administration’s fiscal Bernard Kulik, for economic injury until the close of year 1998 budget proposal. Associate Administrator for Disaster business on January 2, 1998 at the The Commission also plans to hear Assistance. address listed below or other locally from outside experts concerning several [FR Doc. 97–9892 Filed 4–16–97; 8:45 am] announced locations: U.S. Small issues on its work plan: BILLING CODE 8025±01±P Business Administration, Disaster Area 18828 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

2 Office, One Baltimore Place, Suite Grays Harbor, King, and Mason. following emergency processing public 300, Atlanta, GA 30308. Applications for loans for physical information collection requests (ICRs), In addition, applications for economic damages may be filed until the close of (pursuant to 5 CFR 1320.13), to the injury loans from small businesses business on June 2, 1997, and for loans Office of Management and Budget located in the following contiguous for economic injury until the close of (OMB) for review and clearance under counties may be filed until the specified business on January 2, 1998 at the the Paperwork Reduction Act of 1995 date at the above location: Bledsoe, address listed below or other locally (Pub. L. 104–13, 44 USC Chapter 35). DeKalb, Grundy, Jackson, Macon, announced locations: U.S. Small These ICRs are for reinstatements, some Marion, McMinn, Meigs, Monroe, Business Administration, Disaster Area with name changes, of previously Putnam, Rhea, Trousdale, Van Buren, 4 Office, 1825 Bell Street, Suite 208, approved collection for which approval Warren, and Wilson in the State of Sacramento, CA 95825. has expired. The Federal Register Tennessee; Catoosa, Dade, Fannin, In addition, applications for economic Notice with a 60-day comment period Murray, Walker, and Whitfield in the injury loans from small businesses soliciting comments on these collections State of Georgia; and Cherokee in the located in the following contiguous was published on October 1, 1996 [61 State of North Carolina. counties may be filed until the specified FR 51315–51316]. The ICR describes the Interest rates are: date at the above location: Chelan, nature of the information collection and Jefferson, Kitsap, Kittitas, Lewis, Pacific, its expected cost and burden. Because Percent Pierce, Snohomish, Thurston, and OMB approval is valid for 180 days, Yakima in the State of Washington. For Physical Damage: DOT is taking appropriate steps to HOMEOWNERS WITH Interest rates are: obtain a regular approval. CREDIT AVAILABLE DATES: Comments on this notice must be ELSEWHERE ...... 7.625 Percent received on or before May 19, 1997. HOMEOWNERS WITHOUT FOR FURTHER INFORMATION CONTACT: Mr. CREDIT AVAILABLE For Physical Damage: HOMEOWNERS WITH Delmer Billings, Information Collection ELSEWHERE ...... 3.875 Clearance Officer, Office of Hazardous BUSINESSES WITH CREDIT CREDIT AVAILABLE AVAILABLE ELSEWHERE 8.000 ELSEWHERE ...... 7.625 Materials Standards (DHM–10), BUSINESSES AND NON- HOMEOWNERS WITHOUT Research and Special Programs PROFIT ORGANIZATIONS CREDIT AVAILABLE Administration, Room 8102, 400 WITHOUT CREDIT AVAIL- ELSEWHERE ...... 3.875 Seventh Street, SW., Washington, DC ABLE ELSEWHERE ...... 4.000 BUSINESSES WITH CREDIT 20590, Telephone: (202) 366–4482. OTHERS (INCLUDING NON- AVAILABLE ELSEWHERE 8.000 PROFIT ORGANIZA- BUSINESSES AND NON- SUPPLEMENTARY INFORMATION: PROFIT ORGANIZATIONS TIONS) WITH CREDIT Research and Special Programs AVAILABLE ELSEWHERE 7.250 WITHOUT CREDIT AVAIL- For Economic Injury: ABLE ELSEWHERE ...... 4.000 Administration BUSINESSES AND SMALL OTHERS (INCLUDING NON- Title: Crashworthiness Protection AGRICULTURAL CO- PROFIT ORGANIZA- Requirements for Tank Cars (Former OPERATIVES WITHOUT TIONS) WITH CREDIT AVAILABLE ELSEWHERE 7.250 title: Rail Carrier and Tank Car Tank CREDIT AVAILABLE Requirements). ELSEWHERE ...... 4.000 For Economic Injury: BUSINESSES AND SMALL OMB Control Number: 2137–0559. Affected Public: Manufacturers, The number assigned to this disaster AGRICULTURAL CO- OPERATIVES WITHOUT owners and rail carriers of tank cars. for physical damage is 294512. For CREDIT AVAILABLE Abstract: This information collection economic injury the numbers are ELSEWHERE ...... 4.000 consolidates provisions for detection 945300 for Tennessee, 945400 for and repair of cracks, pits, corrosion, Georgia, and 945500 for North Carolina. The number assigned to this disaster lining flaws, thermal protection flaws (Catalog of Federal Domestic Assistance for physical damage is 294606 and for and other defects of tank car tanks Program Nos. 59002 and 59008.) economic injury the number is 945600. under various provisions in parts 173, Dated: April 10, 1997. (Catalog of Federal Domestic Assistance 179 and 180 of the HMR. The HMR Herbert Mitchell, Program Nos. 59002 and 59008) require facilities that build, repair and Acting Associate Administrator for Disaster Dated: April 10, 1997. ensure the structural integrity of tank Assistance. Herbert Mitchell, cars to develop and implement a quality [FR Doc. 97–9942 Filed 4–16–97; 8:45 am] Acting Associate Administrator for Disaster assurance program; allow the use of BILLING CODE 8025±01±P Assistance. non-destructive testing techniques, in [FR Doc. 97–9943 Filed 4–16–97; 8:45 am] lieu of currently prescribed periodic hydrostatic pressure tests, for fusion BILLING CODE 8025±01±P SMALL BUSINESS ADMINISTRATION welded tank cars; require thickness measurements of tank cars, with limited [Declaration of Disaster #2946] reduced shell thicknesses, for certain DEPARTMENT OF TRANSPORTATION State of Washington hazardous materials; increase the Reports, Forms and Recordkeeping frequency for inspection and testing of As a result of the President’s major Requirements Agency Information tank cars; and other provisions to ensure disaster declaration on April 2, 1997, I Collection Activity Under OMB Review crashworthiness protection for tank find that the following counties in the cars. State of Washington constitute a disaster AGENCY: Office of the Secretary, DOT. Estimated Annual Burden: 2,659. area due to damages caused by heavy ACTION: Notice. Title: Rulemaking Procedures and rains, snow melt, mud/landslides, and Exemption Requirements (Former title: flooding beginning March 18 and SUMMARY: The Department of Rulemaking and Exemption continuing through March 28, 1997: Transportation (DOT) will submit the Requirements). Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18829

OMB Control Number: 2137–0051. DEPARTMENT OF TRANSPORTATION By the Board, David M. Konschnik, Affected Public: Shippers, carriers, Director, Office of Proceedings. packaging manufacturers, and other Surface Transportation Board Vernon A. Williams, affected entities. Secretary. Abstract: Rulemaking procedures [STB Finance Docket No. 32607 (Sub-No. [FR Doc. 97–9851 Filed 4–16–97; 8:45 am] enable RSPA to determine if a rule 2)] BILLING CODE 4915±00±P change is necessary; be consistent with public interest; and maintain a level of DeQueen & Eastern Railroad Company DEPARTMENT OF TRANSPORTATION safety equal to or superior to that of and Texas, Oklahoma & Eastern Railroad CompanyÐTrackage Rights current regulations. Exemption Surface Transportation Board procedures provide the information ExemptionÐWFEC Railroad Company required for analytical purposes for [STB Finance Docket No. 33340; STB approval or denial of requests for WFEC Railroad Company (WFECR) Finance Docket No. 33341] exemptions. has agreed to grant bridge trackage StatesRail, Inc.ÐAcquisition of Control Estimated Annual Burden: 4,279. rights to DeQueen & Eastern Railroad Company and Texas, Oklahoma & ExemptionÐKyle Railways Inc.; Kauri Title: Requirements for Cargo Tanks. Eastern Railroad Company (collectively L.L.C.ÐContinuance in Control OMB Control Number: 2137–0014. TOE) over its entire line of railroad in ExemptionÐStatesRail, Inc. Affected Public: Manufacturers and Choctaw and McCurtain Counties, OK.1 AGENCY: Surface Transportation Board. owners of cargo tanks. The transaction is scheduled to be ACTION: Notice of Exemption. Abstract: This information collection consummated on or after the April 14, consolidates provisions for 1997 effective date of the exemption. SUMMARY: Under 49 U.S.C. 10502, the manufacture, qualification, maintenance The purpose of the trackage rights is to Board exempts from the prior approval and use of all specification cargo tank increase the efficiency of the unit train requirements of 49 U.S.C. 11323–25: (1) motor vehicles. It clarifies certain rail operation serving Western Farmers. The acquisition of control via stock commodity sections in part 173, purchase of Kyle Railways Inc. by Under 49 U.S.C. 10502(g), the Board reorganizes the cargo tank specifications StatesRail, Inc.; and (2) the continuance may not use its exemption authority to in part 178 and provides for vacuum- in control of StatesRail, Inc. by Kauri loaded cargo tanks. It includes part 180 relieve a rail carrier of its statutory L.L.C. requirements governing the obligation to protect the interests of its DATES: The exemption will be effective employees. Section 11326(c), however, maintenance, use, inspection, repair, May 17, 1997. Petitions to stay must be does not provide for labor protection for retest and requalification of cargo tanks filed by April 28, 1997. Petitions to transactions under sections 11324 and used to transport hazardous materials reopen must be filed by May 7, 1997. and certain registration requirements in 11325 that involve only Class III rail ADDRESSES: part 107 for persons who are engaged in carriers. Because this transaction An original and 10 copies of all pleadings referring to STB Finance manufacture, repair or certification of involves Class III rail carriers only, the Docket No. 33340 and STB Finance any DOT specification cargo tank or Board, under the statute, may not Docket No. 33341 must be filed with the cargo tank manufactured under impose labor protective conditions for Office of the Secretary, Case Control exemption to transport hazardous this transaction. materials. Unit, Surface Transportation Board, This notice is filed under 49 CFR 1925 K Street, NW., Washington, DC Send comments to the Office of 1180.2(d)(7). If it contains false or 20423–0001; a copy of all pleadings Information and Regulatory Affairs, misleading information, the exemption must be served on petitioners’ Office of Management and Budget, 725– is void ab initio. Petitions to revoke the representative: Eugenia Langan, Shea & 17th Street, NW., Washington, DC exemption under 49 U.S.C. 10502(d) Gardner, 1800 Massachusetts Avenue, 20503, Attention RSPA Desk Officer. may be filed at any time. The filing of NW., Washington, DC 20036. Comments are invited on: whether the a petition to revoke will not FOR FURTHER INFORMATION CONTACT proposed collection of information is : necessary for the proper performance of automatically stay the transaction. Joseph H. Dettmar, (202) 565–1600 [TDD the functions of the Department, An original and 10 copies of all for the hearing impaired (202) 565– including whether the information will pleadings, referring to STB Finance 1695.] have practical utility; the accuracy of Docket No. 32607 (Sub-No. 2) must be SUPPLEMENTARY INFORMATION: the Department’s estimate of the burden filed with the Surface Transportation Additional information is contained in of the proposed information collection; Board, Office of the Secretary, Case the Board’s decision. To purchase a ways to enhance the quality, utility and Control Unit, 1925 K Street, NW., copy of the full decision, write to, call clarity of the information to be Washington, DC 20423–0001. In or pick up in person from: DC NEWS & collected; and ways to minimize the addition, a copy of each pleading must DATA, INC., Suite 210, 1925 K Street, burden of the collection of information be served on Donald G. Avery, Esq., NW., Washington, DC 20006. on respondents, including the use of Slover & Loftus, 1224 Seventeenth Telephone: (202) 289–4357. [Assistance automated collection techniques or Street, NW., Washington, DC 20036. for the hearing impaired is available other forms of information technology. through TDD services (202) 565–1695.] Decided: April 10, 1997. Issued in Washington, DC, on April 11, Decided: April 4, 1997. 1997. By the Board, Chairman Morgan and Vice 1 TOE will conduct actual train operations over Chairman Owen. Vanester M. Williams, the WFECR line to serve Western Farmers Electric Clearance Officer, Department of Cooperative’s generating station (Western Farmers) Vernon A. Williams, Transportation. and will have no authority to serve any other Secretary. shippers that might locate on the line. WFECR will [FR Doc. 97–9958 Filed 4–16–97; 8:45 am] retain the authority and responsibility for serving [FR Doc. 97–9850 Filed 4–16–97; 8:45 am] BILLING CODE 4910±62±P any such shippers. BILLING CODE 4915±00±P 18830 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

DEPARTMENT OF THE TREASURY Estimated Number of Respondents: other Federal agencies to take this 20,000. opportunity to comment on proposed Internal Revenue Service Estimated Time Per Respondent: 40 and/or continuing information min. collections, as required by the Proposed Collection; Comment Estimated Total Annual Burden Paperwork Reduction Act of 1995, Request for Form 4506±A Hours: 13,200. Public Law 104–13 (44 U.S.C. AGENCY: Internal Revenue Service (IRS), The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is Treasury. of the collections of information covered soliciting comments concerning Form by this notice: ACTION: Notice and request for 4797, Sales of Business Property. An agency may not conduct or comments. DATES: Written comments should be sponsor, and a person is not required to received on or before June 16, 1997, to SUMMARY: The Department of the respond to, a collection of information be assured of consideration. Treasury, as part of its continuing effort unless the collection of information ADDRESSES: Direct all written comments to reduce paperwork and respondent displays a valid OMB control number. to Garrick R. Shear, Internal Revenue burden, invites the general public and Books or records relating to a collection Service, room 5571, 1111 Constitution other Federal agencies to take this of information must be retained as long Avenue NW., Washington, DC 20224. opportunity to comment on proposed as their contents may become material and/or continuing information in the administration of any internal FOR FURTHER INFORMATION CONTACT: collections, as required by the revenue law. Generally, tax returns and Requests for additional information or Paperwork Reduction Act of 1995, tax return information are confidential, copies of the form and instructions Public Law 104–13 (44 U.S.C. as required by 26 U.S.C. 6103. should be directed to Martha R. Brinson, 3506(c)(2)(A)). Currently, the IRS is (202) 622–3869, Internal Revenue Request for Comments soliciting comments concerning Form Service, room 5571, 1111 Constitution 4506–A, Request for Public Inspection Comments submitted in response to Avenue NW., Washington, DC 20224. or Copy of Exempt Organization Tax this notice will be summarized and/or SUPPLEMENTARY INFORMATION: Form. included in the request for OMB Title: Sales of Business Property. DATES: Written comments should be approval. All comments will become a OMB Number: 1545–0184. received on or before June 16, 1997, to matter of public record. Comments are Form Number: 4797. be assured of consideration. invited on: (a) Whether the collection of Abstract: Form 4797 is used by ADDRESSES: Direct all written comments information is necessary for the proper performance of the functions of the taxpayers to report sales, exchanges, or to Garrick R. Shear, Internal Revenue involuntary conversions of assets used Service, room 5571, 1111 Constitution agency, including whether the information shall have practical utility; in a trade or business. It is also used to Avenue NW., Washington, DC 20224. compute ordinary income from FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the agency’s estimate of the burden of the collection of recapture and the recapture of prior year Requests for additional information or losses under section 1231 of the Internal copies of the form and instructions information; (c) ways to enhance the quality, utility, and clarity of the Revenue Code. should be directed to Martha R. Brinson, Current Actions: There are no changes (202) 622–3869, Internal Revenue information to be collected; (d) ways to minimize the burden of the collection of being made to the form at this time. Service, room 5571, 1111 Constitution Type of Review: Extension of a Avenue NW., Washington, DC 20224. information on respondents, including through the use of automated collection currently approved collection. SUPPLEMENTARY INFORMATION: techniques or other forms of information Affected Public: Business or other for- profit organizations, individuals, and Title: Request for Public Inspection or technology; and (e) estimates of capital Copy of Exempt Organization Tax Form. or start-up costs and costs of operation, farms. OMB Number: 1545–0495. maintenance, and purchase of services Estimated Number of Respondents: Form Number: 4506–A. to provide information. 1,396,388. Estimated Time Per Respondent: 63 Abstract: Internal Revenue Code Approved: April 10, 1997. section 6104 states that if an hr., 31 min. Garrick R. Shear, organization described in section 501 (c) Estimated Total Annual Burden or (d) is exempt from taxation under IRS Reports Clearance Officer. Hours: 88,698,566. section 501(a) for any taxable year, the [FR Doc. 97–9980 Filed 4–16–97; 8:45 am] The following paragraph applies to all application for exemption is open for BILLING CODE 4830±01±U of the collections of information covered public inspection. This includes all by this notice: supporting documents, any letter or An agency may not conduct or other documents issued by the IRS DEPARTMENT OF THE TREASURY sponsor, and a person is not required to concerning the application, and certain respond to, a collection of information Internal Revenue Service annual returns of the organization. Form unless the collection of information 4506–A is used to request public Proposed Collection; Comment displays a valid OMB control number. inspection or a copy of these Request for Form 4797 Books or records relating to a collection documents. of information must be retained as long Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), as their contents may become material being made to the form at this time. Treasury. in the administration of any internal Type of Review: Extension of a ACTION: Notice and request for revenue law. Generally, tax returns and currently approved collection. comments. tax return information are confidential, Affected Public: Individuals or as required by 26 U.S.C. 6103. households, business or other for-profit SUMMARY: The Department of the organizations, not-for-profit institutions, Treasury, as part of its continuing effort Request for Comments farms, and Federal, state, local or tribal to reduce paperwork and respondent Comments submitted in response to governments. burden, invites the general public and this notice will be summarized and/or Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18831 included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: April 10, 1997. Garrick R. Shear, IRS Reports Clearance Officer. [FR Doc. 97–9981 Filed 4–16–97; 8:45 am] BILLING CODE 4830±01±U federal register April 17,1997 Thursday Rule Private LandMobileRadioServices;Final 47 CFRPart1,etal. Commission Communications Federal Part II 18833 18834 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

FEDERAL COMMUNICATIONS community by developing a strategy for Maintenance Radio Services); and (4) COMMISSION encouraging more efficient use of PLMR Land Transportation Radio Services spectrum below 800 MHz—i.e., those (Motor Carrier, Railroad, Taxicab, and 47 CFR Parts 1, 20, 74, 90, and 101 PLMR Services within the 150–174 Automobile Emergency Radio Services). MHz, 421–430 MHz, 450–470 MHz, and The Radiolocation Service (47 CFR part [PR Docket No. 92±235; FCC 97±61] 470–512 MHz bands. The Report and 90, subpart F) is not listed, even though Private Land Mobile Radio Services Order (60 FR 37152, July 19, 1995) in it has frequencies below 800 MHz, this docket served as a critical first step because it is not considered a PLMR AGENCY: Federal Communications toward achieving this goal. In that Service. Commission. decision, we adopted extensive rule 4. In determining that consolidation ACTION: Final rule. changes to promote highly effective and of the twenty PLMR Services would best efficient use of the PLMR spectrum and serve the public interest, we stressed SUMMARY: The Commission has adopted to facilitate the introduction of that the intended purpose of a Second Report and Order (Second advanced technologies into the private consolidating radio services ‘‘is to R&O) in PR Docket No. 92–235 which mobile services. We also concluded that distribute assignments between low-use continues its efforts to develop a the PLMR Services must be and high-use groups more evenly, to strategy for encouraging more efficient consolidated and that competition simplify interservice sharing use of private land mobile radio (PLMR) should be introduced into the procedures, to organize channel spectrum below 800 MHz. In the Report coordinator services for each service allocations that will enable licensees to and Order (R&O) in this docket, the group. We stated that consolidation of more easily utilize advanced Commission concluded that the PLMR the twenty PLMR service groups below technologies, and to organize the bands below 800 MHz should be 800 MHz would ‘‘provide for more services in such manner to achieve more consolidated and competition should be efficient allocation of the increased efficient and flexible spectrum use.’’ We introduced into the frequency capacity created by the introduction of also recognized the importance of coordination process. This Second R&O more efficient technology.’’ different services, particularly Public consolidates the twenty existing PLMR 2. By this Second Report and Order, Safety, and encouraged commenters to services into two broad service pools— we consolidate the twenty PLMR develop a plan that included a Public Public Safety and Industrial/Business— Services into two broad service pools, Safety pool. We further recommended with appropriate provisions for ensuring with appropriate provision for ensuring that such a plan contain clear guidelines that the safety of the public will not be that the safety of the public will not be regarding the requirements for inclusion compromised. Additionally, the compromised. In addition, we resolve in such a Public Safety pool. We Commission adopts rules to allow two other issues raised in conjunction considered these guidelines necessary to centralized trunking, under certain with consolidation: (a) Whether to prevent overcrowding and to maintain conditions, in the shared bands below permit centralized trunking, and (b) the integrity of critical functions of the 800 MHz and implements a plan for how to implement the decision in the users included within this pool. While protecting current low power operations R&O to provide protection for current we indicated that two to four broad in the 450–470 MHz band. Finally, the low power operations in the 450–470 categories, including one for Public Commission addresses a Request for MHz band. Additionally, we address a Safety licensees, appeared reasonable, Temporary Relief filed by several public Request for Temporary Relief filed by we deferred a final decision on the safety frequency coordinators. several public safety coordinators. We precise contours of consolidation to have, generally, delayed the effective provide members of the PLMR EFFECTIVE DATE: October 17, 1997 except for the amendment to § 90.17(a) which date of these rules until six months after community, including users, publication in the Federal Register in manufacturers, and frequency will be effective April 17, 1997. order to provide coordinators sufficient coordinators, with an opportunity to FOR FURTHER INFORMATION CONTACT: Ira time to implement consolidation. negotiate and submit a consensus Keltz of the Wireless Today’s action is the next critical step consolidation proposal to the Telecommunications Bureau at (202) toward providing a regulatory Commission. In providing this 418–0680 or via E-Mail at framework which promotes efficient use opportunity, we stated that if a [email protected]. of PLMR spectrum below 800 MHz. consensus could not be reached, we SUPPLEMENTARY INFORMATION: This is a 3. This proceeding concerns PLMR would adopt a plan based on the record. summary of the Commission’s Second frequencies in the bands below 800 That contingency has come to pass; no Report and Order, FCC 97–61, adopted MHz administered under part 90 of the consensus was reached. February 20, 1997, and released March Commission’s rules (47 CFR part 90). 5. We also recommended that the 12, 1997. The full text of this Second The bands, in general, are: 150–174 PLMR community address other related Report and Order is available for MHz, 421–430 MHz, 450–470 MHz and issues, such as how to effectively inspection and copying during normal 470–512 MHz. Under our current rules, introduce competition among frequency business hours in the FCC Reference these frequencies are divided into coordinators, whether a single Center (Room 239) 1919 M Street, NW, twenty separate radio services, grouped coordinator or multiple coordinators Washington, DC. The complete text may in four general categories: (1) Public should be authorized for public safety be purchased from the Commission’s Safety Radio Services (Local users, how the existing databases can be copy contractor, ITS, Inc., 2100 M Street Government, Police, Fire, Highway shared to ensure fair competition among NW, Suite 140, Washington, DC 20037, Maintenance, Forestry-Conservation, all of the frequency coordinators, telephone (202) 857–3800. and Emergency Medical Radio whether a national real-time data base to Services); (2) Special Emergency Radio reflect frequency assignments can be Summary of Second Report and Order Service; (3) Industrial Radio Services created and used, and what approach 1. Our primary goal in this proceeding (Power, Petroleum, Forest Products, should be taken to designate frequencies has been to address the increasing Film & Video Production, Relay Press, for low power use on a primary basis. communications requirements of the Special Industrial, Business, We received twenty-eight comments, private land mobile radio (PLMR) Manufacturers, and Telephone fourteen reply comments, and two Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18835 supplemental comments recommending access to a larger pool of frequencies. in this proceeding until October 17, or supporting a variety of consolidation Further, the increased flexibility 1997. plans and a number of ex parte provided by a two-pool structure 13. Eligibility—Public Safety Pool. We submissions. In addition, the Industrial enhances the use of advanced believe that all of the six current Public Telecommunications Association (ITA) technologies, such as trunking. For Safety Radio Services, as well as the submitted a proposed technical example, making additional spectrum Special Emergency Radio Service, blueprint for consolidation (Blueprint). available to licensees will allow public should be included in the Public Safety We placed this on Public Notice and safety entities to more easily implement Pool. Any governmental entity will be received forty comments and nine reply and use trunked systems to perform a eligible to use any Public Safety Pool comments in response. number of their public safety functions. frequency. Additionally, non- 6. The Commission also received a We believe that such a result is in the governmental entities that apply for number of petitions for reconsideration public interest because it will help frequencies that were previously requesting that we reconsider or clarify improve public safety communication available solely for public safety various rule changes adopted in the capabilities and reduce the costs of services shall obtain a statement of R&O. Several of the petitions raised building and operating public safety support from the governmental entity issues related to consolidation. In our communication systems. having legal jurisdiction over the area to recent Memorandum Opinion and Order 10. A two-pool structure also reduces be served. Including all the Public (MO&O) (62 FR 2027, January 15, 1997) administrative and financial burdens on Safety Radio Services and the Special addressing these petitions, we stated applicants. For example, this Emergency Radio Service in one pool that we would address the issues related consolidation approach will eliminate will promote the development of wide- to consolidation when we adopted a the need to go through interservice area (state and regional) trunked specific consolidation plan. Finally, the sharing procedures in order to obtain systems that, in turn, will save scarce Commission received a Request for authorization to operate on frequencies resources. Further, it will promote Temporary Relief to permit the available in other radio services. This in interoperability by allowing all frequency coordinators for the Fire, turn allows users to get on the air sooner governmental entities as well as non- Highway Maintenance, and Forestry- as well as saves them from having to governmental entities involved in Conservation Radio Services to continue pay more than one coordination fee. ensuring the safety of life (e.g., to coordinate frequencies that were 11. Accordingly, we are adopting two hospitals, ambulance companies) to formerly assigned to their respective pools—Public Safety and Industrial/ communicate with one another. To pools as low power offset channels. Business—as the basic framework for further promote interoperability, we 7. Number of pools. We received a the PLMR bands below 800 MHz. suggest coordinators in this pool wide range of recommendations in Frequencies that were in any of the examine the benefits of using the response to our call for a consensus plan Public Safety Radio Services will be consensus plan approach discussed on consolidation. The comments combined in the new Public Safety Pool. herein for low power operations as a contain a range of choices, proposing Similarly, frequencies that were in any way to reserve channels for universal consolidation of the PLMR Services into of the Industrial or Land Transportation mutual aid. Finally, defining eligibility two to five pools. Those who propose Radio Services will be combined in the in this way is consistent with (1) the specific plans all agree that there should new Industrial/Business Pool. Further, Commission’s definition of public safety be a separate pool for public safety we put frequencies in the 421–430 MHz services in GEN Docket No. 87–112 (53 services. Additionally, a number of band allocated for public safety use in FR 1022, January 15, 1988), which commenters oppose consolidation in three cities in the Public Safety Pool and established the Public Safety National general, arguing that the current system those frequencies allocated for business Plan in the 821–824/866–869 MHz should be retained. and industrial/land transportation use bands, and (2) the PSWAC’s definition 8. After careful analysis, we have in three cities in the Industrial/Business of public safety as specified in its Final determined that a modified two-pool Pool. Frequencies in each of the two Report 1 as well as the Commission’s approach will best achieve the benefits pools will be available to all eligibles in proposals in the Notice of Proposed of consolidation without compromising that pool, unless reserved for a specific Rule Making in WT Docket No. 96–86 safety of the general public. A function. We have listed the 470–512 (61 FR 25185, May 20, 1996). consolidation of all twenty PLMR MHz band in each pool rather than 14. An additional issue was raised by services will significantly increase divide up the frequencies between the several public safety frequency licensee flexibility to manage the two pools. The Commission already coordinators with respect to entities in spectrum more efficiently through consolidated the various pools in this the Public Safety Pool. These access to additional spectrum and band into one pool—the General Access coordinators are concerned that the accommodation of advanced Pool. Further, unlike our current reallocation of former low power offset technologies. An additional benefit of approach to the other bands, where channels in the R&O from the Fire, PLMR service consolidation is that it frequencies are allocated to a specific Forestry-Conservation, and Highway should reduce administrative burdens service or group of services, frequencies Maintenance Radio services to the Local on users as well as the Commission. We in the 470–512 MHz band are available Government Radio Service adversely believe that the safeguards we are to all eligibles on a first come, first affects the ability of users to access adopting for safety-related served basis. Thus, it would be these channels and restricts the communications combined with the impossible to divide these frequencies coordinators’ abilities to recommend modifications to the frequency into different pools. suitable channels. Specifically, non- coordination process will adequately 12. Finally, we recognize that the governmental entities, such as volunteer address the concerns raised by the fundamental changes to the PLMR fire departments and nature proponents of three or more service Services below 800 MHz adopted herein conservatories, who are currently pools. cannot be implemented without a 9. This two-pool structure is also best reasonable transition time. Accordingly, 1 See Final Report of the Public Safety Wireless in terms of increasing flexibility and we will delay the effective date of the Advisory Committee, September 1996, Volume 1, spectrum efficiency by giving users new pools and associated rules adopted Section 1.18. 18836 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations eligible in the Fire and Forestry- we have adopted the eligibility criteria 19. Interservice sharing. Under the Conservation Radio Services from the old Business Radio Service. existing rules, there are provisions that respectively, are not eligible in the Local Accordingly, anyone engaged in a allow entities establishing eligibility Government Radio Service and may commercial activity is eligible. Also, under one radio service to obtain a suffer harm due to this reduction in educational, philanthropic and license for a frequency in another radio available channels. ecclesiastical institutions are eligible. service under certain conditions 15. Pursuant to the rules adopted 18. We note that our consolidation of (interservice sharing). Because we are herein concerning consolidation, these eliminating the individual radio service the Industrial and Land Transportation non-governmental entities will be categories and consolidating the PLMR Services, including the Business Radio eligible for all frequencies in the public Services into two pools, interservice Service, into one pool—the Industrial/ safety pool, including the low power sharing rules will no longer be Business Pool, potentially may affect the offsets transferred from the Fire and necessary. Under consolidation, current regulatory classification of the Forestry-Conservation Radio Services to applicants will have the opportunity to the Local Government Radio Service. licensees in this pool. In the Second apply directly for in-pool frequencies However, since the rule amendments Report and Order in GN Docket No. 93– that were previously allocated to radio being adopted in this Second R&O will 252 (59 FR 18493, April 19, 1994) services other than their own. not take effect for six months, we are (CMRS Second Report and Order), we Accordingly, we will delete § 90.176. concerned that the identified entities examined the regulatory status of all 20. The existing interservice sharing could suffer harm if the Commission existing mobile services to determine rules allow for sharing between radio does not take more immediate action. whether they were commercial mobile services in the Public Safety Radio Therefore, effective immediately, we are radio services (CMRS) or private mobile Services (group 1). The rules also permit amending the eligibility requirements of radio services (PMRS) under section 332 sharing between the Special Emergency the Local Government Radio Service to of the Communications Act of 1934, as Radio Service and radio services in the include non-governmental entities who amended (the Act).2 In the CMRS Industrial and Land Transportation are currently eligible in the Fire and Second Report and Order, we Radio Services (group 2). Sharing has Forestry-Conservation Radio Services. concluded that with the exception of the not been permitted, however, between As under the previous rules, these non- Business Radio Service, all Industrial radio services in group 1 and group 2. government entities must obtain a and Land Transportation Services While we believe that such sharing statement of support from the would be classified as PMRS under could increase flexibility, we do not governmental entity having legal section 332(d)(3) of the Act. In the case think that it is appropriate to introduce jurisdiction over the area to be served. of the Business Radio Service, however, interpool sharing at this time. Given the Such action will provide these non- we determined that the eligibility rules difficult logistics of consolidating governmental entities access to the are sufficiently broad to render this twenty radio services into two pools, spectrum they need to ensure the service effectively available to a introducing additional requirements on integrity of their communications substantial portion of the public. the frequency coordinators could put systems. Consequently, classification of Business undue pressures on the new two-pool 16. This action is taken pursuant to Radio Service licensees depends on system. Therefore, we will prohibit section 553(d) of the Administrative whether they meet the other two sharing between the Public Safety Pool Procedure Act (5 U.S.C. 553(d)) which elements of the CMRS definition— and the Industrial/Business Pool, at permits an agency to implement a rule operating a for-profit service and least for the present time. We may prior to thirty days after publication interconnected with the public switched revisit this issue once the consolidated when the rule ‘‘* * * relieves a network. As a result, we are concerned system is running smoothly. restriction.’’ Here, we find that this rule that by defining the eligibility for this 21. Frequency Coordination. In stating amendment will provide certain non- consolidated pool in the same fashion as our intention to consolidate the PLMR governmental entities the ability to we did for the Business Radio Service, Services, the Commission recognized access spectrum that they were able to licensees (both current and future) on that changes may have to be made in the prior to the effectiveness of the rules the old Industrial and Land current frequency coordination process. adopted in the Refarming R&O. Transportation frequencies (Industrial/ In the paragraphs below, we discuss Additionally, we note that pursuant to Business Pool frequencies under changes in the coordination process in the consolidation rules being adopted consolidation) may now be deemed to light of our decision to consolidate the herein, these non-governmental entities offer service to a substantial portion of PLMR Services into two pools. We will be eligible for licensing on any the public. Consequently, such licensees recognize that additional changes may frequency in the Public Safety Pool, offering for-profit, interconnected be necessary as we gain more upon the effective date of the service arguably could be classified as experience with consolidation or if consolidation rules, subject to a CMRS. Given that the rules we adopt additional responsibilities are given to statement of support from the today will not be effective for six coordinators. governmental entity having legal months, we believe that the most 22. Coordinators. Allowing existing jurisdiction over the area to be served. prudent course of action is to defer certified coordinators to continue their 17. Eligibility—Industrial/Business resolution of this issue and fully address coordination functions will reduce Pool. The Industrial/Business Pool will it in a future proceeding. In the context confusion and help ensure that the be comprised of frequencies that were of this future proceeding, we will also public continues to receive access to previously allotted to any of the examine the negative impact, if any, of vital services. Therefore, we certify Industrial or Land Transportation Radio such regulatory classification on the current coordinators for the Public Services, including the Business Radio availability of frequencies to satisfy the Safety Radio Services and the Special Service. Anyone eligible in one of these communications needs of PLMR users. Emergency Radio Service as radio services will be eligible in the new coordinators in the new Public Safety Industrial/Business Pool for any 2 See Omnibus Budget Reconciliation Act of 1993, Pool. Similarly, we certify current frequency in that pool unless Pub. L. 103–66, Title VI, section 6002(b)(2)(A), coordinators in the Industrial and Land specifically precluded. In this regard, 6002(b)(2)(B), 107 Stat. 312, 392 (1993). Transportation Radio Services as Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18837 coordinators in the new Industrial/ frequencies that were previously safety-related communications, and Business Pool. available only through interservice outweighs any potential benefits that 23. With respect to the Public Safety sharing procedures. Also, preserving the may be gained through a competitive Pool, we generally agree with the jurisdiction of the individual frequency coordination process. For commenters that at the present time, coordinators over their current frequencies in the Railroad, Power, or except as indicated below, applicants spectrum, while expanding access to Petroleum Radio Services that are also for a frequency in the new Public Safety Local Government frequencies, will allocated to another radio service, Pool should be required to obtain help ensure consistency with local, however, entities may utilize the coordination from the current regional, and state public safety services of any certified frequency recognized frequency coordinator for communications plans. This issue could coordinator in the Industrial/Business the specified frequencies. be revisited in the future if a more Pool. The alternative would be to 24. We are taking a slightly different integrated coordination system could be require entities in the radio services approach regarding frequencies that are designed that would not impair public where the frequencies are shared to go currently assigned to the Local safety interests. through a different coordinator than Government Radio Service. We will 26. The Industrial/Business Pool does they do now. We may revisit this issue allow any coordinator currently not present the same concerns as the once we obtain more experience with certified in the Public Safety Radio Public Safety Pool. Therefore, except as the new coordination system or when Services to coordinate frequencies in the discussed below, we will allow any in- we address the issue of exclusivity Local Government Radio Service. This pool coordinator to coordinate any raised in the Further Notice of Proposed action is taken for several reasons. frequency in the pool. As a direct result Rule Making (60 FR 37148, July 19, Frequencies in the Local Government of this action, we believe that further 1995) in this docket. Radio service are used routinely by competition will be introduced into the 29. Technical Coordination Police, Fire, Highway Maintenance, frequency coordination process. This, in Procedures. The consolidation of the Forestry Conservation and Emergency turn, should result in lower PLMR services and the introduction of Medical (governmental entities) coordination costs and better service to multiple coordinators raise concerns of eligibles for both non-emergency and the public. For example, we believe unfair coordinations and coordinator emergency communications. For market forces will reduce the time it shopping. We believe that a minimum example, in many communities Local takes to obtain a coordination thereby set of technical coordination procedures Government frequencies may be the allowing users to get on-the-air quicker. to which all frequency coordinators principal fire or highway maintenance Further, the concept of allowing must adhere is the least burdensome frequencies and part of a public safety applicants the opportunity to select method of providing all members of the communications plan for these services. among multiple coordinators is not PLMR community with confidence that Therefore, it would seem appropriate for unique among Part 90 users. Before the all new and existing radio systems will the fire or highway maintenance band was reallocated, applicants for be adequately protected from coordinator (or other public safety conventional and trunked systems on interference. A minimum set of coordinator if those frequencies are General Category frequencies had the coordination procedures will also being used in another context) to be able option of seeking frequency alleviate concerns of coordinator to provide coordination for these coordination from any of three shopping. Rather than establish specific frequencies if they are being used in a frequency coordinators certified to procedures at this time, however, we fire or highway maintenance recommend 800 MHz frequencies. believe that the coordinators should communications system. Further, there 27.We recognize that within the attempt to reach consensus themselves are a large number of 450–470 MHz Industrial/Business Pool, some types of on the applicable coordination frequencies allocated to all the Public radio users employ radio not just for procedures. We understand that this Safety Radio Services. Since these day-to-day business needs but also to process takes time. In this regard, we frequencies are available to all public respond to emergencies that could be note the efforts of Telecommunications safety entities (just like Local extremely dangerous to the general Industry Associations (TIA) Working Government frequencies) any of the public. We believe maintaining the Group 8.8 (WG 8.8), which has been certified public safety coordinators may integrity of spectrum used for such developing technical procedures for the provide coordination. Thus, there is a public safety purposes is extremely frequency coordination process. Given coordination mechanism already in important and using coordinators who the progress of the TIA WG 8.8 and the place to accommodate multiple are knowledgeable with such special potential harm that could befall clients’ coordinators where public safety communication needs is the best way to systems from a lack of technical frequencies are shared between public protect these systems. coordination procedures we are safety eligibles. Finally, this will 28. Therefore, for the time being, confident that the frequency introduce competition, to the extent entities who apply for frequencies coordinators will reach an agreement on possible, into this pool which, in turn, which are currently allocated solely to such procedures quickly. should result in lower coordination the Railroad, Power, or Petroleum Radio 30. Data exchange. Under the current costs and better service to the public. Services must obtain coordination from PLMR Service structure, there has been 25. The integrity of the public safety the current certified frequency little need for frequency coordinators to services must be maintained without coordinator for the respective service. share detailed information about fail. Having each public safety We expect, however, that these applicants’ systems with other coordinator continue to manage the coordinators will make every effort to coordinators. Under the consolidated same frequencies and have access to all accommodate all applicants on these pool approach, however, commenters of the current Local Government frequencies, regardless of the type of have indicated a need to establish a frequencies, will preserve much of the business they conduct. We believe that system for information exchange, but status quo, provide coordinators access using coordinators who are disagree on how this should best be to a greater number of frequencies with knowledgeable with such special achieved. For example, UTC which to accommodate applicants, and communication needs is the best way to recommends that coordinators in each permit applicants to apply directly for protect these operations, which involve pool devise a means of exchanging data 18838 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations either through a real-time method, using such information, frequency procedures, we believe requiring a shared database, or by providing coordinators would not know what concurrence would be redundant. notice, by facsimile or E-Mail, with a other in-pool coordinators are doing and Further, it could have a negative impact limited opportunity for response could make conflicting coordinations. on our efforts to increase the quality of provided. Other coordinators state that Therefore, coordinators must provide customer service through competition. a common database has to be notification of all frequency Nevertheless, we are concerned that established and maintained to ensure recommendations within one business under the approach described herein that applications, once submitted, are day of making such recommendations to applicants could start transmitting prior not in conflict with other applications every certified in-pool coordinator that to other in-pool coordinators being being submitted at the same time. The is also certified to coordinate that notified. While we want the licensing Joint Pool, however, also expresses frequency. Additionally, on frequencies process to be as quick as possible and opposition to developing a national that are shared between both the Public believe that such situations will rarely database noting that the complexity of Safety and Industrial/Business Pools, occur, we believe all affected such an undertaking would involve coordinators must notify all coordinators should be aware of a coordinating a substantial number of coordinators of frequency proposed operation before the entity can parties in order to include information recommendations. We believe this start transmitting. Therefore, we will that is necessary and relevant to the notification requirement is extremely amend § 90.159 to institute a mandatory coordination process. It contends that important to the consolidation process. waiting period of ten business days electronic transmitting and receiving of Notification will not only improve the before applicants can begin transmitting frequency notifications is preferable to speed and quality of recommendations, pursuant to temporary and conditional establishing a national coordinators’ but it will also encourage and facilitate authorization. database. the cooperation between in-pool 35. We believe that the procedures 31. We agree with the commenters coordinators that is so important to the outlined above will prevent the filing of that a real-time common coordinator success of the overall coordination conflicting applications. However, we database may be desirable. Such a process. We believe a one-day realize that the one-day period between resource could be an ideal method for notification period is a good when a frequency recommendation is coordinators to share data and maintain compromise between the need to made and other coordinators are up-to-date records of all frequency provide information to coordinators notified could still result in a small recommendations so that they can avoid quickly to minimize the chance of number of conflicting applications. In coordinating multiple applications for conflicting coordinations and the need these instances, it is the joint the same channel, in the same area, at to minimize burdens on the responsibility of the applicable approximately the same time. We also coordinators. Additionally, notification coordinators to take action necessary to recognize, however, that implementing must be made to all in-pool coordinators resolve the conflict, up to and including a real-time common database would at approximately the same time. At a notifying the Commission that an require extensive time, expense, and minimum, each notification must application may need to be returned. testing to perfect and that there may be include: name of applicant, frequency or The coordinators are in the best position other less costly and less complex frequencies recommended, antenna to recognize and expediently resolve methods to ensure that all necessary height, antenna locations, type of such conflicts. Additionally, we believe data is exchanged in a timely manner. emissions, effective radiated power, a that each coordinator should have some Therefore, at this time, we will leave the description of the service area, and the responsibility to help resolve problems issue of whether to use a real-time time the recommendation was made. To related to their recommendations. The common database to perform their safeguard this system, we will require Commission will become involved only coordination duties to the coordinators’ that each coordinator communicate at if the coordinators cannot agree to a discretion. We believe that they are in least once each business day with each solution. the better position of determining what other in-pool coordinator. Therefore, on 36. As discussed above, coordinators will allow them to perform such duties days in which no coordinations are will be responsible for providing other in an efficient effective, and expeditious made, notification is still required. coordinators certain information within manner. Coordinators may select to Coordinators, if they desire, are free to a specified time frame. We are develop their own common database to include additional information such as confident, based on past experience, make frequency recommendations, use more data or a list of rejected that coordinators will meet these the Commission’s data base, or use the coordination requests with their requirements. However, as we have services of a third party. We note that notifications. noted in the past when giving copies of the Commission’s database are 33. In addition to notification of basic responsibility to coordinators, the available through the National information on frequency Commission may, on its own motion, or Technical Information Service. Further, recommendations, coordinators, in at the public’s request conduct an the Commission provides on-line access certain cases, may need more detailed inquiry into a particular coordinator’s to its PLMR Service database through a information in order to perform performance. After any such third party contractor and puts license engineering analyses. Therefore, each investigation we will determine whether grant information on the Internet. Any coordinator must supply, upon request, decertification or other action is disputes that arise due to within one business day, any additional warranted. inconsistencies or discrepancies in the information requested regarding a 37. Coordinator authority. Currently, records of different coordinators, pending coordination that it processed. frequency coordinators have the however, will be resolved using the Of course, coordinators are free to authority to request additional Commission’s database. provide this information in their routine information from applicants requesting 32. Although we are not requiring that notifications if they so desire. coordination if they believe that such a common database be implemented at 34. Another issue raised in the information is needed to make proper this time, the need to share accurate and comments was the question of frequency recommendations. The Land timely coordination information with all concurrence. Given the requirement to Mobile Communications Council in-pool coordinators still exists. Without establish standard coordination (LMCC) in its petition for Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18839 reconsideration requests that we (1) 41. To allow trunking to work medical telemetry and remote operation amend § 90.175 to provide specific effectively and efficiently in the PLMR of heavy machinery. Under the new authority for coordinators to request all shared bands, we are adopting rules channel plan adopted in the R&O, these appropriate technical information, similar to those adopted for channels are no longer considered offset system requirements, and justification interconnection of PLMR stations with channels. Rather, they are regularly for requested station parameters from the Public Switched Network. We will assignable channels available for high applicants; (2) indicate that applicants permit licensees to implement power operations on a primary basis. bear the burden of proof in overturning centralized trunked systems in the 150– We have previously recognized, the recommendations of a certified 174 MHz, 421–430 MHz, 450–470 MHz, however, that there is a continuing need frequency coordinator; and (3) state that and 470–512 MHz bands, provided that for low power operation and provided frequency coordinators may recommend they (1) obtain the consent of all frequency coordinators with the appropriate changes to the parameters of licensees whose service areas overlap a authority to designate specific channels previously licensed stations, or take circle with a radius of 113 km (70 mi) for low power use. Additionally, we other appropriate measures that will from the trunked system’s base station suggested that frequency coordinators help to minimize harmful interference and whose operating frequency is 15 exercise this authority in conjunction or remedy incompatible adjacent kHz or less removed from the operating with the formulation of a consolidation channel or co-channel operations. frequency of a trunked system designed plan. Finally, the Commission provided 38. In the R&O, the Commission to operate on 25 kHz channels or 7.5 low power licensees with the option of stated that coordinators may request kHz or less removed from a 12.5 kHz staying on their currently licensed additional information from the trunked system or 3.75 kHz or less channel or moving to a coordinator- applicant when such information is removed from a 6.25 kHz trunked designated low power frequency and needed for the coordinator to make a system; and (2) comply with all obtaining primary status. Due to the proper frequency recommendation. The frequency coordination requirements. uncertainty surrounding consolidation Commission also noted in that same Statements stipulating the terms of such of the PLMR Services, coordinators have proceeding that, in the event of a agreements must be forwarded to the been reluctant to designate any channels dispute between the coordinator and an applicable frequency coordinator and specifically for low power use before a applicant, the applicant will have the the Commission as an attachment to the Commission decision on consolidation. burden of proof and persuasion in license application or modification. In On August 11, 1995, at the request of overturning the coordinator’s the Further NPRM, we proposed that HP, the Commission froze applications recommendation. While we consider PLMR licensees be able to obtain some requesting power in excess of that this to be our present policy, in order to form of exclusivity in their respective previously permitted on the offsets until eliminate any confusion we will amend service areas. If such rules are adopted, such time as the issues relative to § 90.175 to specify this authority. With licensees would be able to implement consolidation and/or the designation of respect to LMCC’s other suggestion, trunked systems in these exclusive low power frequencies are resolved. coordinators, as well as anyone else for areas, provided that they modify their 44. Designated Channels. We that matter, can always make license to show such operation. recommendations concerning 42. In areas where licensees understand the reluctance, to date, of minimizing interference. We see no implement trunking, new licensees can coordinators to designate specific reason to state this explicitly in our be assigned the same channel(s) as the channels for low power use. At the same rules. trunked system if the new licensee time, however, we believe it is vitally 39. Trunking in the PLMR Bands reaches a mutual agreement with the important for the PLMR community to Below 800 MHz. In the Notice of licensee(s) operating the trunked address the issue of low power channels Proposed Rule Making (56 FR 31097, system. If a licensee who previously as soon as possible. Would-be licensees July 9, 1991) in this proceeding we consented or agreed to participate in a of offset channels cannot apply to use proposed to allow centralized trunking trunked system later decides against this these channels for high power (‘‘trunking’’) in the 150–174 MHz and use, and that licensee is unable to operations because of the current 421–512 MHz bands in those areas negotiate a mutual agreement with the licensing freeze, and low power users where exclusivity is recognized by the operator(s) of the trunked system, that want assurance that they will be Commission, or where all co-channel licensee may request that the protected from interference by high licensees concur. Although the Commission reassign it to another powered operations before switching comments on this issue supported channel. This approach provides channels. Accommodating these allowing centralized trunking, we did licensees with maximum flexibility in competing interests while establishing a not adopt rules since the Further Notice the operation of their systems while workable low power frequency plan is of Proposed Rule Making (Further assuring that the use of centralized not a trivial matter. In major NPRM) (60 FR 37148, July 18, 1995) in trunking will not detrimentally impact metropolitan areas, the demand for both this docket addressed the issue of the operation of another licensee’s high power and low power operations exclusivity. system. exceeds the number of frequencies 40. Trunked systems will allow PLMR 43. Low Power Frequencies. To available. Moreover, it is highly likely licensees to construct systems which are encourage more efficient use of the that such high power and low power more efficient than conventional available spectrum, the Commission needs will vary based on geographic systems, thereby allowing licensees to permitted all eligible users in the 450– location. In this connection, we believe use fewer channels to provide the same 470 MHz band to be licensed for low that the coordinators will need some communications capability. Therefore, power operations (i.e., not to exceed 2 time to analyze the current use patterns rather than defer the issue until we watts) on a secondary non-interference of these offset channels and determine reach a decision on exclusivity, we basis on frequencies offset 12.5 kHz a compromise solution between the two believe the public will benefit by from regularly assignable frequencies types of operations. Therefore, in allowing trunking on frequencies below (‘‘offset channels’’). Since that time, accordance with the recommendation of 800 MHz now, provided certain these channels have been heavily used LMCC, we will give the coordinators in conditions are met. for certain low power operations such as each of the two pools six months from 18840 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations publication of this Second Report and recommendations. In this connection, established. In the interim, we will grant Order in the Federal Register to develop we will confer primary status on partial relief and permit the licensing of a consensus plan for low power licensees operating on the former low high power systems on these channels, operations in their respective pools. power offset channels that already have provided that the license applications 45. HP recommended that we codify provided their coordinates to the are accompanied by a statement from the basic aspects of the plan fashioned Commission. These licensees should the frequency coordinator attesting that by the coordinators. In the R&O, we notify the Commission at the time of operation of a new high powered system delegated to the frequency coordinators their license renewal that they are will not impact any currently operating the authority to designate low power operating in this manner. This will give co-channel low power system. If frequencies; our decision was not to offset licensees the flexibility to remain interference to a low power system from specify such frequencies in the rules. on their current licensed frequency or a high power operator using the offset We continue to believe that this change to a new low power frequency. frequencies does occur prior to the end approach provides the frequency Because these channels are available for of the migration period, the high power coordinators, who have knowledge of high power operation, however, licensee will be expected to remedy the user requirements and local conditions, licensees that remain on their current situation through any means possible, with maximum flexibility in the licensed frequency may have to share it including shutting its system down. management of the PLMR spectrum. with a new high power user. Therefore, 49. In a related matter, PCIA, in its Further, this allows frequencies to be we expect that the majority of low petition for reconsideration, easily added or subtracted from the power users will be inclined to migrate recommends that we allow a six-month designated list as may be warranted. We to the new low power channels once transition period for low power find nothing in the record at this time they are identified in order to reduce the licensees to migrate to new low power that persuades us to change this chance of interference from co-channel channels before accepting any new low approach. Further, consistent with this high powered operations. power applications on the designated approach, we will leave it up to the 47. Further, contrary to LMCC’s channels. We will not adopt such a coordinators whether to designate contention, we do not believe that low policy. We believe that it is not in the contiguous spectrum or to specify power users should be required to public interest to keep applicants, individual channels (non-contiguous declare their intent to migrate to low especially those who propose to operate spectrum) for low power operations. power channels or modify their license in a highly efficient manner (i.e., with Low power operation on the designated to obtain primary status within a certain low power), from obtaining licenses on channels will be protected through time frame. We believe the decision designated low power channels. coordination and the Commission’s whether or not to migrate or obtain Additionally, because low power licensing process. As specified in the primary status is a business decision systems have small operating areas, we R&O, frequency coordinators will be and best left up to individual licensees believe that there should be enough required to maintain a list of low power to make within their own time frame frequencies to accommodate all current channels and make it available to the according to their individual and prospective low power licensees. public upon request. We encourage the requirements. Additionally, because the 50. Finally, in its petition for frequency coordinators to periodically designated channels, in some cases, may reconsideration, Florida predicts a review the low power channel plan and be the same channels that many low windfall for frequency coordinators and modify it when appropriate. If a power users are already using, licensees asks the Commission to reconsider the consensus regarding the establishment would not be able to make informed financial impact of this migration on of a low power channel plan cannot be decisions regarding migration until existing licensees. We acknowledge that reached, we will revisit this issue. channels are designated. Therefore, we coordinators will collect fees from low 46. Time Frame for Migration. In decline to require current low power power licensees when they apply to addition to its recommendation that the users to declare their intent to migrate modify their systems to operate on the frequency coordinators be given six to dedicated low power channels or dedicated low power frequencies. In months to determine which channels modify their license to obtain primary light of this, we encourage the should be designated for low power use, status by a certain date. coordinators to develop a reasonable fee LMCC recommends several steps to 48. We do agree, however, with schedule to reflect the relative ease of ensure that the migration of low power LMCC’s suggestion to give licensees on this type of coordination as compared to users from their current channels to the low power channels a chance to coordinating new high power stations. these new designated channels occurs migrate before licensing high power 51. Conclusion. This Second Report smoothly. These suggested measures operations on these channels. The and Order represents a significant step include (1) low power offset licensees PLMR community believes seven in the evolution of the private land being given six months to declare their months is a reasonable amount of time mobile radio services. With its adoption, intent to convert to primary status by for offset licensees to decide whether to we are consolidating the PLMR services either registering their coordinates or by switch to new low power channels. into two service pools—Public Safety modifying their license to operate on the Therefore, in this connection, we will and Industrial/Business—while designated low power channels; and (2) provide a period of seven months for protecting critical safety related providing seven months for offset low power users to migrate to new low communications and providing benefits licensees to migrate to the designated power frequencies. Additionally, that are not realizable under the current channels. We agree with LMCC that low concurrent with the end of this system. We are also incorporating power users should be able to attain migration period we note our intention regulatory changes to the frequency primary status on these offset channels to lift the current licensing freeze in the coordination process to provide PLMR if they so desire by modifying their 450–470 MHz band and allow new high users with increased choices and licenses to specify transmitter power systems to be licensed on any flexibility. These changes reflect a coordinates so that frequency former 12.5 kHz offset channel not comprehensive restructuring of the coordinators know the location of such specifically designated for low power PLMR regulatory environment and will systems and can take them into account use. We will not lift the freeze, however, promote the highly effective and when making frequency if a consensus plan has not been efficient use of PLMR spectrum and Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18841 contribute to an environment in which increase the spectral efficiency of the closed, the Commission was unable to advanced technologies will thrive. PLMR bands. request information regarding the number of small entities that are private Final Regulatory Flexibility Analysis II. Summary of Significant Issues Raised land mobile radio licensees. Therefore, by the Public Comments in Response to the Commission is unable at this time to 52. As required by the Regulatory the Initial Regulatory Flexibility determine the number of small Flexibility Act, 5 U.S.C. 603 (RFA), Analysis Initial Regulatory Flexibility Analyses businesses which could be impacted by (IRFA) were incorporated in the Notice 55. No comments were submitted in the rules. However, the Commission’s of Proposed Rule Making and the direct response to the IRFA. We have, fiscal year 1994 annual report indicates Further Notice of Proposed Rule Making however, reviewed general comments that at the end of fiscal year 1994 there in PR Docket 92–235. 3 The Commission that may impact small businesses. were 1,101,711 licensees operating sought written public comments on the 56. Much of the impact on small 12,882,623 transmitters in the PLMR proposals in the Refarming Notice and businesses arises from the central bands below 512 MHz.5 Further, Further Notice, including on the IRFA. decision in this proceeding—the because any entity engaged in a The Commission’s Final Regulatory number of frequency pools. Commenters commercial activity is eligible to hold a Flexibility Analysis ( FRFA) in this submitted proposals which ranged from PLMR license, these rules could Second Report and Order (Second R&O) keeping the current system in place to potentially impact every small business conforms to the RFA, as amended by the consolidating to two pools. This affects in the U.S. Contract With America Advancement small businesses in the following way. 60. The RFA also includes small Act of 1996. 4 A smaller number of pools provides a governmental entities as a part of the greater number of frequencies available regulatory flexibility analysis.6 The I. Need for and Objective of the for small business to use to meet their definition of a small governmental Proposed Rule coordination needs. Additionally, by entity is one with a population of less 7 53. Our objective is to increase creating fewer pools, frequency than 50,000. There are 85,006 8 spectrum efficiency and facilitate the coordinators will now have to compete, governmental entities in the nation. introduction of advanced technologies thus small business that use PLMR This number includes such entities as into the 150–174 MHz, 421–430 MHz, systems could expect to pay lower states, counties, cities, utility districts, 450–470 MHz, and 470–512 MHz prices for frequency coordination and and school districts. There are no private land mobile radio (PLMR) receive better service. Finally, figures available on what portion of this bands. The Report and Order in this consolidating the PLMR services number has populations of fewer than proceeding modified the Commission’s provides each frequency coordinator, 50,000. However, this number includes rules to resolve many of the technical who currently only provides service for 38,978 counties, cities, and towns, and a narrowly defined type of user, with of those, 37,566, or 96 percent, have issues which inhibited the use of 9 spectrally efficient technologies in these the ability to expand its business base. populations of fewer than 50,000. The Census Bureau estimates that this ratio frequency bands. It also stated the III. Description and Estimate of the is approximately accurate for all Commission’s intent to consolidate the Number of Small Entities Subject to governmental entities. Thus, of the twenty existing radio service pools. The Which the Rules Apply Further Notice in this proceeding 85,006 governmental entities, we 57. The rules adopted in this Second estimate that 96 percent, or 81,600 are proposed several methods of Report and Order will apply to small introducing market based incentives small entities that may be affected by businesses that choose to use radios that our rules. into the PLMR bands, including operate in the PLMR bands below 512 exclusivity. This Second R&O MHz and to small businesses that are Estimates for Frequency Coordinators consolidates the radio service frequency designated as certified frequency 61. Neither the Commission nor the pools, and addresses related issues such coordinators in these bands. There are SBA have developed a definition of as frequency coordination, trunking, no Commission imposed requirements, small entities specifically applicable to and low power frequencies. however, for any entity to use these spectrum frequency coordinators. 54. We find that the potential benefits products. Therefore, we conclude that the closest to the PLMR community exceed any applicable definition under SBA rules is Estimates for PLMR Licensees negative effects that may result from the Business Associations (SIC 8611). The promulgation of rules for this purpose. 58. Private land mobile radio system SBA defines a small business Thus, we conclude that the public serve an essential role in a vast range of association as an entity with $5.0 interest is served by modifying our rules industrial, business, land transportation, million or less in annual receipts. There to consolidate the PLMR services and and public safety activities. These are 18 entities certified to perform radios are used by companies of all sizes frequency coordination functions under 3 Replacement of part 90 by part 88 to Revise the operating in all U.S. business categories. Part 90 of our rules. However, we are Private Land Mobile Radio Services and Modify the Because of the vast array of PLMR users, unable to ascertain how many of these Policies Governing Them, PR Docket 92–235, the Commission has not developed nor Notice of Proposed Rule Making, 7 FCC Rcd 8105 frequency coordinators are classified as (1992) (Refarming NPRM); Replacement of part 90 would it be possible to develop a small entities under the SBA definition. by part 88 to Revise the Private Land Mobile Radio definition of small entities specifically The Census Bureau indicates that 97% Services and Modify the Policies Governing Them applicable to PLMR users. For the and Examination of Exclusivity and Frequency purpose of determining whether a 5 Assignments Policies of the Private Land Mobile See Federal Communications Commission, 60th Radio Services, PR Docket No. 92–235, Report and licensee is a small business as defined Annual Report, Fiscal Year 1994 at 120–121. Order and Further Notice of Proposed Rule Making, by the Small Business Administration 6 See 5 U.S.C. 601(5) (including cities, counties, 10 FCC Rcd 10076 (1995) (Report and Order or (SBA), each licensee would need to be towns, townships, villages, school districts, or special districts). Further NPRM). evaluated within its own business area. 4 Pub. L. 104–121, 110 Stat. 847 (1996) (CWAAA). 7 Id. Title II of the CWAAA is ‘‘The Small Business 59. Because the Regulatory Flexibility 8 1992 Census of Governments, U.S. Bureau of the Regulatory Enforcement Fairness Act of 1996’’ Act amendments were not in effect until Census, U.S. Department of Commerce. (SBREFA), codified at 5 U.S.C. 601 et seq. the record in this proceeding was 9 Id. 18842 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations of business associations have annual traditional systems, such action is coordinator provide, upon request, receipts of $4.999 million or less and necessary in order to avoid a licensee within one business day, information would be classified as small entities. from causing harmful interference to requested by another coordinator The Census Bureau category is very other nearby licensees, many of which regarding a pending coordination. broad, and does not include specific may be small businesses. (3) To ensure that applicants have figures for firms that are engaged in the 64. There are several reporting, access to reliable and competent coordination of spectrum frequencies. recordkeeping, and compliance frequency coordination services Therefore, for the purposes of this requirements applicable to the regardless of which coordinator they regulatory flexibility analysis, we Commission certified PLMR frequency choose to use, we have determined that estimate that almost all of the 18 coordinators. These new requirements some minimum technical standards to spectrum frequency coordinators are are necessary to ensure that each which each coordinator must adhere small as defined by the SBA. frequency coordinator has access to the need to be established. We are requiring information necessary to perform the coordinators to achieve a consensus IV. Description of Projected Reporting, competent frequency coordinations for on such standards within six months of Recordkeeping, and Other Compliance their customers. the publication of this Second R&O in Requirements of the Rules (1) Because several frequency the Federal Register. 62. The rules adopted in this Second coordinators will now be able to (4) In the Report and Order, the R&O do not have any general reporting recommend frequencies within a Commission provided frequency or recordkeeping requirements for common frequency pool, each needs to coordinators with the authority to PLMR licensees. There is, however, one know the recommendations of each of designate channels for the exclusive use compliance requirement. Applicants for the other frequency coordinators. Such of low power systems. Coordinators new or modified PLMR stations will be information is necessary to avoid have been reluctant to designate such required to wait ten days prior to situations where harmful interference is channels due to uncertainty regarding commencing operation pursuant to created because two or more consolidation. Now that the framework conditional authority. Such a waiting coordinators recommend the same for the frequency pools has been period is necessary to ensure that all in- frequency in the same area at established, we are providing six pool frequency coordinators are notified approximately the same time to months from the publication of this regarding the proposed system before different applicants. Therefore, we are Second R&O in the Federal Register for the applicant starts transmitting. While requiring each frequency coordinator to the frequency coordinators to achieve a we want the licensing process to be as provide, within one business day, a consensus plan for low power channels. quick as possible, we believe all affected listing of their frequency V. Steps Taken by Agency to Minimize coordinators should be aware of a recommendations to all other frequency Significant Economic Impact on Small proposed operation before an applicant coordinators in their respective pool. In Entities Consistent With Stated commences transmitting. Regarding this this connection, we believe that the Objectives issue, many commenters identify a need importance and need for a current and for a mandatory concurrence period.10 accurate accounting of frequency 65. The Commission provided the Other commenters argue that a recommendations outweighs the PLMR community with an opportunity mandatory concurrence period is burden, if any, on small coordinators. to meet and develop a consensus unnecessary.11 Rather than a mandatory Because coordinators are already position on this issue as an alternative concurrence period, which we believe required to share information when to the Commission’s adoption of final could prolong the licensing process, invoking the interservice sharing rules rules for consolidation of the PLMR thereby affecting small businesses, we of our current rules,13 each should radio services. Unfortunately, a believe the adopted waiting period will already have a system in place for such consensus was not reached, therefore accomplish the same goal of providing data exchange. Additionally, we believe this Report and Order balances the a method for coordinators to ensure that that the greater harm could occur to competing interests. existing radio systems will not suffer small business that are PLMR licensees. 66. The Commission, in this Second harmful interference from new or Without such data exchange, these R&O, has considered comments modified systems.12 licensees’ systems could be in danger of regarding its plans to consolidate the 63. Additionally, in the specific receiving harmful interference which PLMR radio services below 512 MHz instances where licensees want to would endanger their business and those related comments filed construct a centralized trunking rather operations. The Commission did not pursuant to proposals discussed in the than a traditional system, they must receive any specific comments regarding Further NPRM. In doing so, the obtain concurrence from nearby affected the one-day notification requirement. Commission has adopted several users and forward such agreements to However, the Commission did receive proposals which minimize burdens the applicable frequency coordinator comments regarding the need for placed on small entities. First, the and the Commission as an attachment to notification.14 Commission has adopted a two pool the license application form, FCC Form (2) In some instances, frequency consolidation plan which will provide 600. Because of the fundamental coordinators need to perform more frequency options to entities than differences between trunked and engineering analyses to determine if an the current frequency pool structure and applicant’s proposed radio system is structures based on more than two 10 See Coalition ex parte filing of December 20, feasible. A coordinator may need pools. The increase in frequency choices 1996 in which it states that a concurrence period will provide a greater likelihood that of ten to twenty days is necessary for in-pool detailed information on systems coordinators to object to a specific frequency coordinated by other coordinators in licensees, including small entities, will recommendation. This view is supported by several order to perform such an analysis. share frequencies with fewer systems other commenters. See, e.g., UTC Comments to Therefore, we are requiring that each enabling them to achieve more Blueprint at 13. efficiency in their radio systems. 11 See PCIA Comments to Blueprint at 7–8; ITA ex parte filing of January 6, 1997. 13 See 47 CFR 90.176. Second, by adopting a two pool 12 ITA supports this ten day waiting period. See 14 See, e.g., Joint Pool Comments at 10–11; UTC approach, we are able to eliminate the ITA Reply Comments to Blueprint at 11–12. Comments at 12. interservice sharing rules in § 90.176 of Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18843 our rules. Currently, entities who want this FRFA will also be published in the GX—Conventional Commercial (SMRS) to use frequencies in a pool other than Federal Register. YB—Trunked Business the one in which they are eligible must YO—Trunked Industrial/Land List of Subjects Transportation invoke these rules and usually are YP—Trunked Public Safety/Special required to pay a frequency 47 CFR Part 1 Emergency coordination fee to the coordinator for Administrative practice and YX—Trunked Commercial (SMRS) their pool and a fee to the coordinator procedure. 900 MHz Paging Services for the pool in which they want to share a frequency. Because entities will now 47 CFR Parts 20, 74, 90, and 101 GS—Private carrier paging systems Communications equipment, Radio. have direct access to all frequencies in PART 20ÐCOMMERCIAL MOBILE their respective pool, this Second R&O Federal Communications Commission RADIO SERVICES eliminates the need for an entity to pay William F. Caton, more than one frequency coordination Acting Secretary. 1. The authority citation for part 20 fee for any radio system. Third, because continues to read as follows: Rule Changes this Second R&O provides for Authority: Secs. 4, 303, and 332, 48 Stat. competitive frequency coordination in Parts 1, 20, 74, 90, and 101 of Chapter 1066, 1082, as amended; 47 U.S.C. 154, 303, the Industrial/Business Pool, license I of Title 47 of the Code of Federal and 332, unless otherwise noted. applicants should expect a reduction in Regulations is amended as follows: 2. Section 20.3 is amended by revising frequency coordination fees and/or an paragraph (b) of the definition for PART 1ÐPRACTICE AND increase in the level of service. Fourth, Private Mobile Radio Service to read as PROCEDURE under the adopted frequency pool follows: structure, all frequency coordinators 1. The authority citation for part 1 § 20.3 Definitions. will be certified to coordinate continues to read as follows: frequencies in the pool in which the * * * * * Authority: 47 U.S.C. 151, 154, 303, and Private Mobile Radio Service. *** pool that they previously coordinated is 309(j) unless otherwise noted. placed. This will minimize confusion (b) Mobile radio service offered to and ease the transition process from the 2. Section 1.952 is amended by restricted classes of eligible users. This current radio service structure to the revising paragraph (b) to read as follows: includes entities eligible in the Public Safety Radio Pool and Radiolocation new consolidated frequency pool § 1.952 How file numbers are assigned. service. structure. Fifth, in order to ensure a * * * * * smooth transition to the consolidated (b) File number symbols and service * * * * * 3. Section 20.9 is amended by revising frequency pools, we are providing a or class of station designators: period of six months for entities to paragraph (a)(2) to read as follows: Amateur and Disaster Services implement the rule changes adopted in § 20.9 Commercial mobile radio service. Y—Amateur the Second R&O. Sixth, rather than (a) * * * requiring the frequency coordinators to D—Disaster R—Races (2) Stations that offer Industrial/ establish and maintain a common real Business Pool (§ 90.35 of this chapter) time database, we are only requiring Aviation Services eligibles for-profit, interconnected that they share certain information A—Aeronautical and fixed group service. among themselves. Requiring the AA—Aviation auxiliary group * * * * * development of a common database AR—Aviation radionavigation land AC—Civil Air Patrol would be a complex, costly, and time PART 74ÐEXPERIMENTAL RADIO, consuming endeavor. Seventh, while we Personal Radio Service AUXILIARY, SPECIAL BROADCAST are requiring the sharing of certain data, CA—General Mobile Radio Service AND OTHER PROGRAM we are not specifying the method by ZA—General Mobile Radio Service DISTRIBUTIONAL SERVICES which this data should be shared. Each ZV—Interactive Video and Data Service 4. The authority citation for part 74 frequency coordinator may choose any Marine Services method that fulfills its requirements continues to read as follows: MK—Alaskan group with respect to speed, cost, and quality. M—Coastal group Authority: Secs. 4, 303, 48 Stat. 1066, as Eighth, we are providing a method by MA—Marine auxiliary group amended, 1082 as amended; 47 U.S.C. 154, which licensees can implement a MR—Marine radiodetermination land 303, 554. centralized trunking system. Because Microwave Services 5. Section 74.402 is amended by such systems are more efficient than revising the last sentence of footnotes 3 traditional systems, licensees who OF—Private Operational-Fixed Microwave and 5 of paragraph (a) and the Note implement centralized trunking may be Radiolocation Service following paragraph (b) to read as able to achieve the same amount of RS—Radiolocation follows: communications as they currently do with fewer channels. Land Mobile Services below 800 MHz § 74.402 Frequency assignment. IG—Conventional Industrial/Business Pool (a) * * * VI. Report to Congress PW—Conventional Public Safety Pool 3 ** * Applications for licenses to use YG—Trunked Industrial/Business Pool frequencies in this group must include 67. The Commission shall send a copy YW—Trunked Public Safety Pool statements showing what procedures will be of this Final Regulatory Flexibility 800 MHz Services taken to insure that interference will not be Analysis, along with the Second Report GB—Conventional Business caused to stations in the Industrial/Business and Order, in a report to Congress Pool. 15 GO—Conventional Industrial/Land pursuant to the SBREFA. A copy of Transportation * * * * * GP—Conventional Public Safety/Special 5 ** * In other areas, certain existing 15 See 5. U.S.C. 801(a)(1)(A). Emergency stations in the Public Safety Pool and 18844 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

Industrial/Business Pool have been permitted theatrical outlets or on television or for following activities: Provided, however, to continue operation on these frequencies on distribution through other mass that motor vehicles used as taxicabs, condition that no harmful interference is communications outlets. livery vehicles, or school buses, and caused to remote pickup broadcast stations. Fire licensee. Any territory, motor vehicles used for sightseeing or * * * * * possession, state, city, county, town, or special charter purposes, shall not be (b) * * * similar governmental entity, and included within the meaning of this Note: These frequencies are shared with persons or organizations charged with term. For purposes of this definition, an the Industrial/Business Pool. specific fire protection activities that urban area is defined as being one or * * * * * operate radio stations for transmission more contiguous, incorporated or of communications essential to official unincorporated cities, boroughs, towns, PART 90ÐPRIVATE LAND MOBILE fire activities. or villages, having an aggregate RADIO SERVICES * * * * * population of 2,500 or more persons. Forest products licensee. Persons (1) The transportation of passengers 6. The authority citation for part 90 primarily engaged in tree logging, tree between urban areas; continues to read as follows: farming, or related woods operations, (2) The transportation of property Authority: 47 U.S.C. 154, 302, 303, and including related hauling activities, if between urban areas; 332, unless otherwise noted. the hauling activities are performed (3) The transportation of passengers under contract to, and exclusively for, within a single urban area; or 7. Section 90.7 is amended by adding (4) The transportation, local persons engaged in woods operations or definitions for Automobile emergency distribution or collection of property engaged in manufacturing lumber, licensee, Emergency Medical Licensee, within a single urban area. Film and video licensee, Fire Licensee, plywood, hardboard, or pulp and paper products from wood fiber. * * * * * Forest products licensee, Frequency Petroleum licensee. Persons primarily coordination, Manufacturers licensee, * * * * * engaged in prospecting for, producing, Motor carrier licensee, Petroleum Frequency coordination. The process collecting, refining, or transporting by licensee, Police licensee, Power of obtaining the recommendation of a means of pipeline, petroleum or licensee, Railroad licensee, Relay press frequency coordinator for a petroleum products (including natural licensee, Special Industrial licensee, frequency(ies) that will most effectively gas). Taxicab licensee, and Telephone meet the applicant’s needs while Police licensee. Any territory, maintenance licensee in alphabetical minimizing interference t licensees possession, state, city, county, town, or order to read as follows: already operating within a given similar governmental entity including a frequency band. § 90.7 Definitions. governmental institution authorized by * * * * * law to provide its own police protection * * * * * Manufacturers licensee. Persons that operate radio stations for Automobile emergency licensee. primarily engaged in any of the transmission of communications Persons regularly engaged in any of the following manufacturing activities: essential to official police activities. following activities who operate radio (1) The mechanical or chemical Power licensee. Persons primarily stations for transmission of transformation of substances into new engaged in any of the following communications required for products within such establishments as activities: dispatching repair trucks, tow trucks, or plants, factories, shipyards, or mills (1) The generation, transmission, or other road service vehicles to disabled which employ, in that process, distribution of electrical energy for use vehicles: powerdriven machines and materials- by the general public or by the members (1) The operation of a private handling equipment; of a cooperative organization; emergency road service for disabled (2) The assembly of components of (2) The distribution of manufactured vehicles by associations of owners of manufactured products within such or natural gas by means of pipe line, for private automobiles; or establishments as plants, factories, use by the general public or by the (2) The business of providing to the shipyards, or mills where the new members of a cooperative organization, general public an emergency road product is neither a new structure nor or, in a combination of that activity with service for disabled vehicles. other fixed improvement. the production, transmission or storage * * * * * Establishments primarily engaged in the of manufactured or natural gas Emergency Medical Licensee. Persons wholesale or retail trade, or in service preparatory to such distribution; or entities engaged in the provision of activities, even though they fabricate or (3) The distribution of steam by basic or advanced life support services assemble any or all the products or means of pipeline or, of water by means on an ongoing basis that operate radio commodities handled, are not included of pipeline, canal, or open ditch, for use stations for transmission of in this category; or by the general public or by the members communications essential for the (3) The providing of supporting of a cooperative organization, or in a delivery or rendition of emergency services or materials by a corporation to combination of that activity with the medical services for the provision of its parent corporation, to another collection, transmission, storage, or basic or advanced life support. subsidiary of its parent or to its own purification of water or the generation of Film and video production licensee. subsidiary, where such supporting steam preparatory to such distribution; Persons primarily engaged in or services or materials are directly related or providing direct technical support to the to those regular activities of such parent (4) The providing of a supporting production, videotaping, or filming of or subsidiary which are eligible under service by a corporation directly related motion pictures or television programs, paragraphs (1) or (2) of this definition. to activities of its parent corporation, of such as movies, programs, news * * * * * another subsidiary of the same parent, programs, special events, educational Motor carrier licensee. Persons or of its own subsidiary, where the party programs, or training films, regardless of primarily engaged in providing a served is regularly engaged in any of the whether the productions are prepared common or contract motor carrier activities set forth in this definition. primarily for final exhibition at transportation service in any of the * * * * * Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18845

Railroad licensee. Railroad common (11) The delivery and pouring of organizations, veterinarians, persons carriers which are regularly engaged in ready mixed concrete or hot asphalt with disabilities, disaster relief the transportation of passengers or mix. organizations, school buses, beach property when such passengers or * * * * * patrols, establishments in isolated property are transported over all or part Taxicab licensee. Persons regularly places, communications standby of their route by railroad. engaged in furnishing to the public for facilities, and emergency repair of Relay press licensee. Persons hire a nonscheduled passenger land public communications facilities. primarily engaged in the publication of transportation service (which may also Entities not meeting these eligibility a newspaper or in the operation of an include the occasional transport of criteria may also be licensed in the established press association. small items of property) not operated Public Safety Radio Pool solely to * * * * * over a regular route or between provide service to eligibles on one-way Special industrial licensee. Persons established terminals. paging-only frequencies below 800 regularly engaged in any of the * * * * * MHz, i.e., those frequencies with the following activities: Telephone maintenance licensee. assignment limitations appearing at § 90.20(d)(13) or (d)(60). Private carrier (1) The operation of farms, ranches, or Communications common carriers systems licensed on other channels similar land areas, for the quantity engaged in the provision of landline prior to June 1, 1990, may continue to production of crops or plants; vines or local exchange telephone service, or provide radio communications service trees (excluding forestry operations); or interexchange communications service, to eligibles. Rules as to eligibility for for the keeping, grazing or feeding of or who provide wire-telegraph service, licensing, frequencies available, livestock for animal products, animal and radio communications common permissible communications and increase, or value enhancement; carriers authorized in the Point-to-Point classes and number of stations, and any (2) Plowing, soil conditioning, Microwave Radio Service under part 21 of this chapter. Resellers that do not special requirements are set forth in the seeding, fertilizing, or harvesting for following sections. agricultural activities; own or control transmission facilities is (3) Spraying or dusting of not included in this category. § 90.16 Public Safety National Plan. insecticides, herbicides, or fungicides, * * * * * The Commission has established a in areas other than enclosed structures; 8. Section 90.17 is amended by National Plan which specifies special (4) Livestock breeding service; adding new paragraphs (a)(1) and (a)(2) policies and procedures governing the (5) The operation of a commercial and a new last sentence to paragraph (a) Public Safety Pool (formally Public business regularly engaged in the read as follows: Safety Radio Services and the Special construction of roads, bridges, sewer § 90.17 Local Government Radio Service. Emergency Radio Service). The National systems, pipelines, airfields, or water, Plan is contained in the Report and (a) * * * Additionally, the following oil, gas, or power production, collection, Order in General Docket No. 87–112. non-governmental entities are eligible to or distribution systems. The The principal spectrum resource for the hold authorizations in the Local construction of buildings is not National Plan is the 821–824 MHz and Government Radio Service, provided included in this category; the 866–869 MHz bands. The National that their applications are accompanied plan establishes planning regions (6) The operation of mines for the by a statement from the governmental recovery of solid fuels, minerals, metal, covering all parts of the United States, entity having legal jurisdiction over the Puerto Rico, and the U.S. Virgin Islands. rock, sand and gravel from the earth or area to be served, supporting the the sea, including the exploration for No assignments will be made in the request: 821–824 MHz and 866–869 MHz bands and development of mining properties; (1) Persons or organizations charged until a regional plan for the area has (7) Maintaining, patrolling or with specific fire protection activities been accepted by the Commission. repairing gas or liquid transmission for communications essential to the pipelines, tank cars, water or waste official fire activities of the licensee; or § 90.20 Public Safety Pool. disposal wells, industrial storage tanks, (2) Persons or organizations charged (a) Eligibility. The following are or distribution systems of public with specific forestry-conservation eligible to hold authorizations in the utilities; activities for communications essential Public Safety Pool. (8) Acidizing, cementing, logging, to the official forestry-conservation (1) Any territory, possession, state, perforating, or shooting activities, and activities of the licensee. city, county, town or similar services of a similar nature incident to * * * * * governmental entity is eligible to hold the drilling of new oil or gas wells, or Subpart B is revised to read as authorizations in the Public Safety Pool the maintenance of production from follows: to operate radio stations for established wells; Subpart BÐPublic Safety Radio Pool transmission of communications (9) Supplying chemicals, mud, tools, essential to official activities of the pipe, and other materials or equipment Sec. licensee, including: unique to the petroleum and gas 90.15 Scope. (i) A district and an authority, but not 90.16 Public Safety National Plan. production industry, as the primary including a school district or authority activity of the applicant if delivery, 90.20 Public Safety Pool. 90.22 Paging operations. or a park district or authority except as installation or application of these provided for in § 90.242; materials requires the use of specifically Subpart BÐPublic Safety Radio Pool (ii) A governmental institution fitted conveyances; authorized by law to provide its own (10) The delivery of ice or fuel to the § 90.15 Scope. police protection; consumer for heating, lighting, The Public Safety Radio Pool covers (iii) Persons or entities engaged in the refrigeration or power generation the licensing of the radio provision of basic or advanced life purposes, by means other than pipelines communications of governmental support services on an ongoing basis are or railroads when such products are not entities and the following category of eligible to hold authorization to operate to be resold following their delivery; or activities: Medical services, rescue stations for transmission of 18846 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations communications essential for the of this section, for the purpose of active (vii) Organizations established for delivery or rendition of emergency participation in and direct operational disaster relief purposes having an medical services for the provision of control of the medical services emergency radio communications plan basic or advanced life support. communication activities of such for the transmission of communications Applications submitted by persons or organizations; or relating to the safety of life or property, organizations (governmental or (F) Physicians, schools of medicine, the establishment and maintenance of otherwise) other than the governmental oral surgeons, and associations of temporary relief facilities, and the body having jurisdiction over the state’s physicians or oral surgeons; alleviation of the emergency situation emergency medical service plans must (iv) Persons or organizations operating during periods of actual or impending be accompanied by a statement a rescue squad for transmission of emergency, or disaster, and until prepared by the governmental body messages pertaining to the safety of life substantially normal conditions are having jurisdiction over the state’s or property and urgent messages restored. In addition, the stations may emergency medical services plan necessary for the rendition of an be used for training exercises, incidental indicating that the applicant is included efficient emergency rescue service. to the emergency communications plan, in the state’s emergency plan or (A) Each rescue squad will normally and for operational communications of otherwise supporting the application; be authorized to operate one base the disaster relief organization or its (iv) Governmental entities and station, and a number of mobile units chapter affiliates. The initial application governmental agencies for their own (excluding hand carried mobile units) from a disaster relief organization shall medical activities; and not exceeding the number of vehicles be accompanied by a copy of the charter (v) Governmental entities and actually used in emergency rescue or other authority under which the governmental agencies for providing operations. organization was established and a copy medical services communications to (B) In addition, each rescue squad of its communications plan. The plan other eligible persons through direct will be authorized to operate a number shall fully describe the operation of the participation in and direct operational of hand carried mobile units not radio facilities and describe the method control of the system, such as through exceeding two such units for each radio of integration into other central dispatch service. equipped vehicle actually used in communications facilities which (2) Persons or organizations other emergency rescue operations. normally would be available to assist in than governmental entities are eligible (v) Persons with Disabilities. The the alleviation of the emergency to hold authorizations in the Public initial application from a person condition. (viii) Persons or organizations Safety Pool to operate radio stations for claiming eligibility under this paragraph operating school buses on a regular transmission of communications, as shall be accompanied by a statement basis over regular routes for the listed below. When requesting from a physician attesting to the transmission of messages pertaining to frequencies not designated by a ‘‘PS’’ in condition of the applicant or the either the efficient operation of the the coordinator column of the frequency applicant’s child (or ward in case of school bus service or the safety or table in paragraph (c)(3) of this section, guardianship). applications must be accompanied by a general welfare of the students they are (A) Any person having a hearing engaged in transporting. Each school statement from the governmental entity deficiency such that average hearing having legal jurisdiction over the area to bus operator may be authorized to threshold levels are 90 dB above ANSI operate one base station and a number be served, supporting the request: (American National Standards Institute) (i) Persons or organizations charged of mobile units not in excess of the total 1969 or ISO (International Standards of the number of buses and maintenance with specific fire protection activities; Organization) 1964 levels and such (ii) Persons or organizations charged vehicles regularly engaged in the school other persons who submit medical with specific forestry-conservation bus operation. Additional base stations certification of similar hearing activities; or mobile units will be authorized only (iii) Persons or organizations, listed deficiency. in exceptional circumstances when the below, engaged in the delivery or (B) Any person having visual acuity applicant can show a specific need. rendition of medical services to the corrected to no better than 20/200 in the (ix) Persons or organizations operating public and on a secondary basis, for better eye or having a field of vision of beach patrols having responsibility for transmission of messages related to the less than 20 degrees. life-saving activities for the transmission efficient administration of organizations (C) Any person, who, through loss of of messages required for the safety of and facilities engaged in medical limbs or motor function, is confined to life or property. services operations: a wheelchair, or is non-ambulatory. (x) Persons or organizations (A) Hospital establishments that offer (D) Any person actively awaiting an maintaining establishment in isolated services, facilities, and beds for use organ transplant. areas where public communications beyond 24 hours in rendering medical (E) Parents or guardians of persons facilities are not available and where the treatment; under 18 years eligible under use of radio is the only feasible means (B) Institutions and organizations paragraphs (a)(2)(v)(A), (a)(2)(v)(B), of establishing communication with a regularly engaged in providing medical (a)(2)(v)(C) of this section, or center of population, or other point from services through clinics, public health institutions devoted to the care or which emergency assistance might be facilities, and similar establishments; training of those persons. obtained if needed, for the transmission (C) Ambulance companies regularly (vi) A veterinarian, veterinary clinic, of messages only during an actual or engaged in providing medical or a school of veterinary medicine for impending emergency endangering life, ambulance services; the transmission of messages pertaining health or property for the transmission (D) Rescue organizations for the to the care and treatment of animals. of essential communications arising limited purpose of participation in Each licensee may be authorized to from the emergency. The transmission providing medical services; operate one base station and two mobile of routine or non-emergency (E) Associations comprised of two or units. Additional base stations or mobile communications is strictly prohibited. more of the organizations eligible under units will be authorized only on a (A) Special eligibility showing. The paragraph (a)(2)(iii) (A), (B), (C), and (D) showing of need. initial application requesting a station Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18847 authorization for an establishment in an resulted in disabling intercity circuits or (d) Radiotelephone communications shall isolated area shall be accompanied by a service to a multiplicity of subscribers be conducted only on frequencies assigned statement describing the status of public in a general area. Stations authorized for radiotelephony. communication facilities in the area of under this section may be used only (e) Radiotelegraph communications shall be conducted on the following frequencies: the applicant’s establishment; the when no other means of communication 2804 kHz calling, 2808 kHz working, 2812 results of any attempts the applicant is readily available, for the transmission kHz working, 5195 kHz day calling, 5185 kHz may have made to obtain public of messages relating to the safety of life day working, 5140 kHz day working. communication service, and; in the and property and messages which are (f) The characteristics of police radio event radio communications service is necessary for the efficient restoration of stations authorized to exchange information to be furnished under paragraph the public communication facilities shall be notified to the International (a)(2)(x)(C)(2) of this section, a copy of which have been disrupted. Telecommunication Union, Geneva, the agreement involved must be Switzerland. (xiii) Persons or entities engaged in (g) The abbreviations contained in submitted. the provision of basic or advanced life (B) Class and number of stations Appendix 9 of the Atlantic City Radio support services on an ongoing basis are Regulations shall be used to the greatest available. Persons or organizations in eligible to hold authorization to operate possible extent. Service indications are as this category may be authorized to stations for transmission of follows: ‘‘P’’, priority, for messages that are operate not more than one fixed station communications essential for the to be sent immediately, regardless of the at any isolated establishment and not number of other messages on file. If no more than one fixed station in a center delivery or rendition of emergency service indication is given, the messages are of population. medical services for the provision of to be transmitted in the order of receipt. (C) Communication service rendered basic or advanced life support. (h) The message shall contain the and received. Applications submitted by persons or preamble, address, text and signature, as (1) The licensee of a station at any organizations (governmental or follows: establishment in an isolated area shall otherwise) other than the governmental Preamble. The preamble of the message shall consist of the following: The serial make the communication facilities of body having jurisdiction over the state’s emergency medical service plans must number preceded by the letters ‘‘NR’’, service such station available at no charge to indications, as appropriate; the group count any person desiring the transmission of be accompanied by a statement according to standard cable count system; the any communication permitted by prepared by the governmental body letters ‘‘CK’’, followed by numerals paragraph (a) of this section. having jurisdiction over the state’s indicating the number of words contained in (2) For the purpose of providing the emergency medical services plan the text of the message: Office and country communications link desired the indicating that the applicant is included of origin (not abbreviations): Day, month, and licensee of a station at an establishment in the state’s emergency plan or hour of filing; in an isolated area either may be the otherwise supporting the application. Address. The address must be as complete licensee of a similar station at another as possible and shall include the name of the (b) International police addressee with any supplementary location or may obtain communication radiocommunication. Police licensees particulars necessary for immediate delivery service under a mutual agreement from which are located in close proximity to of the message; the licensee of any station in the Public the borders of the United States may be Text. The text may be either in plain Safety Pool or any other station which authorized to communicate language or code; is authorized to communicate with the internationally. Request for such Signature. The signature shall include the fixed station. authority shall be written and signed name and title of the person originating the (xi) A communications common and submitted in duplicate. The request message. carrier operating communications shall include information as to the (c) Public Safety frequencies. circuits that normally carry essential station with which communication will (1) The following table indicates communication of such a nature that be conducted, and the frequency, frequencies available for assignment to their disruption would endanger life or power, emission, etc., that will be used. Public Safety stations, together with the public property is eligible to hold If authorized, such international class of station(s) to which they are authorizations for standby radio communication must be conducted in normally assigned, the specific facilities for the transmission of accordance with Article 5 of the Inter- assignment limitations which are messages only during periods when the American Radio Agreement, explained in paragraph (d) of this normal circuits are inoperative due to Washington, DC, 1949, which reads as section, and the certified frequency circumstances beyond the control of the follows: coordinator for each frequency: user. During such periods the radio (2)(i) The letter symbol(s) listed in the facilities may be used to transmit any Article 5. Police radio stations. When the Coordinator column of the frequency communication which would be carried American countries authorize their police radio stations to exchange emergency table in paragraph (c)(3) of this section by the regular circuit. Initial information by radio with similar stations of specifies the frequency coordinator(s) applications for authorization to operate another country, the following rules shall be for each frequency as follows: a standby radio facility must include a applied. PF—Fire Coordinator statement describing radio (a) Only police radio stations located close PH—Highway Maintenance Coordinator communication facilities desired, the to the boundaries of contiguous countries PM—Emergency Medical Coordinator proposed method of operation, a shall be allowed to exchange this PO—Forestry-Conservation Coordinator description of the messages normally information. PP—Police Coordinator being carried, and an explanation of (b) In general, only important police PS—Special Emergency Coordinator how their disruption will endanger life messages shall be handled, such as those PX—Any Public Safety Coordinator, except which would lose their value, because of the Special Emergency Coordinator or public property. slowness and time limitations if sent on other (xii) Communications common communication systems. (ii) Frequencies without any carriers for radio facilities to be used in (c) Frequencies used for radiotelephone coordinator specified may be effecting expeditious repairs to communications with mobile police units coordinated by any coordinator certified interruption of public communications shall not be used for radiotelegraph in the Public Safety Pool. facilities where such interruptions have communications. (3) Frequencies. 18848 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLE

Frequency or band Class of station(s) Limitations Coordinator

Kilohertz: 530 ...... 1 ...... PX 1610 ...... Base (T.I.S.) ...... 1 ...... PX 1630 ...... Base or mobile ...... PF 1722 ...... do ...... 2, 3 ...... PP 1730 ...... do ...... 2, 3 ...... PP 2212 ...... do ...... 4 ...... PO 2226 ...... do ...... 4 ...... PO 2236 ...... do ...... 4 ...... PO 2244 ...... do ...... 4 ...... PO 2366 ...... do ...... 2, 4 ...... PP 2382 ...... do ...... 2 ...... PP 2390 ...... do ...... 2, 4 ...... PP 2406 ...... do ...... 2 ...... PP 2430 ...... do ...... 2 ...... PP 2442 ...... do ...... 2 ...... PP 2450 ...... do ...... 2 ...... PP 2458 ...... do ...... 2 ...... PP 2482 ...... do ...... 2 ...... PP 2490 ...... do ...... 2, 3 ...... PP 2726 ...... do ...... 5 ...... PX, PS 3201 ...... do ...... PS 2000 to 3000 ...... Fixed ...... 75 ...... PS 2000 to 10,000 ...... Fixed, base, or mobile ...... 6 ...... PX Megahertz: 30.86 ...... Base or mobile ...... 7 ...... PO 30.90 ...... do ...... 7 ...... PO 30.94 ...... do ...... 7 ...... PO 30.98 ...... do ...... 7 ...... PO 31.02 ...... do ...... 7 ...... PO 31.06 ...... do ...... 7, 8, 9 ...... PO 31.10 ...... do ...... 7, 8, 9 ...... PO 31.14 ...... do ...... 7, 8, 9 ...... PO 31.18 ...... do ...... 8, 9 ...... PO 31.22 ...... do ...... 8, 9 ...... PO 31.26 ...... do ...... 8, 9 ...... PO 31.30 ...... do ...... 8, 9 ...... PO 31.34 ...... do ...... 8, 9 ...... PO 31.38 ...... do ...... 8, 9 ...... PO 31.42 ...... do ...... 8, 9 ...... PO 31.46 ...... do ...... 8, 9 ...... PO 31.50 ...... do ...... 8, 9 ...... PO 31.54 ...... do ...... 8, 9 ...... PO 31.58 ...... do ...... 8, 9 ...... PO 31.62 ...... do ...... 8, 9 ...... PO 31.66 ...... do ...... 8, 9 ...... PO 31.70 ...... do ...... 8, 9 ...... PO 31.74 ...... do ...... 8, 9 ...... PO 31.78 ...... do ...... 8, 9 ...... PO 31.82 ...... do ...... 8, 9 ...... PO 31.86 ...... do ...... 8, 9 ...... PO 31.90 ...... do ...... 8, 9 ...... PO 31.94 ...... do ...... 8, 9 ...... PO 31.98 ...... do ...... 8, 9 ...... PO 33.02 ...... do ...... 10 ...... PH, PS 33.04 ...... do ...... PS 33.06 ...... do ...... 10 ...... PH, PS 33.08 ...... do ...... PS 33.10 ...... do ...... 10 ...... PH, PS 33.42 ...... Mobile or fixed ...... 11 ...... PF 33.44 ...... Base or mobile ...... PF 33.46 ...... Mobile ...... PF 33.48 ...... Base or mobile ...... PF 33.50 ...... Mobile ...... PF 33.52 ...... Base or mobile ...... PF 33.54 ...... Mobile ...... PF 33.56 ...... Base or mobile ...... PF 33.58 ...... Mobile ...... PF 33.60 ...... Base or mobile ...... PF 33.62 ...... Mobile ...... PF 33.64 ...... Base or mobile ...... PF 33.66 ...... Mobile ...... PF Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18849

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

33.68 ...... Base or mobile ...... PF 33.70 ...... do ...... PF 33.72 ...... do ...... PF 33.74 ...... do ...... PF 33.76 ...... do ...... PF 33.78 ...... do ...... PF 33.80 ...... do ...... PF 33.82 ...... do ...... PF 33.84 ...... do ...... PF 33.86 ...... do ...... PF 33.88 ...... do ...... PF 33.90 ...... do ...... PF 33.92 ...... do ...... PF 33.94 ...... do ...... PF 33.96 ...... do ...... PF 33.98 ...... do ...... PF 35.02 ...... Mobile ...... 12 ...... PS 35.64 ...... Base ...... 13 ...... PS 35.68 ...... do ...... 13 ...... PS 37.02 ...... Mobile ...... PP 37.04 ...... Base or mobile ...... PP 37.06 ...... do ...... PP 37.08 ...... do ...... PP 37.10 ...... do ...... PX 37.12 ...... do ...... PP 37.14 ...... do ...... PP 37.16 ...... do ...... PP 37.18 ...... do ...... PX 37.20 ...... do ...... PP 37.22 ...... do ...... PP 37.24 ...... do ...... PP 37.26 ...... do ...... PX 37.28 ...... do ...... PP 37.30 ...... do ...... PP 37.32 ...... do ...... PP 37.34 ...... Mobile ...... PP 37.36 ...... Base or mobile ...... PP 37.38 ...... Mobile ...... PP 37.40 ...... Base or mobile ...... PP 37.42 ...... Mobile ...... PP 37.90 ...... Base or mobile ...... 10 ...... PH, PS 37.92 ...... do ...... PH 37.94 ...... do ...... 10 ...... PH, PS 37.96 ...... do ...... PH 37.98 ...... do ...... 10 ...... PH, PS 39.02 ...... do ...... PP 39.04 ...... do ...... PP 39.06 ...... do ...... 14 ...... PX 39.08 ...... do ...... PP 39.10 ...... do ...... PX 39.12 ...... do ...... PP 39.14 ...... do ...... PP 39.16 ...... do ...... PP 39.18 ...... do ...... PX 39.20 ...... do ...... PP 39.22 ...... do ...... PP 39.24 ...... do ...... PP 39.26 ...... Mobile ...... PP 39.28 ...... Base or mobile ...... PP 39.30 ...... Mobile ...... PP 39.32 ...... Base or mobile ...... PP 39.34 ...... Mobile ...... PP 39.36 ...... Base or mobile ...... PP 39.38 ...... Mobile ...... PP 39.40 ...... Base or mobile ...... PP 39.42 ...... do ...... PP 39.44 ...... do ...... PP 39.46 ...... do ...... 15 ...... PP 39.48 ...... do ...... PP 39.50 ...... do ...... PX 39.52 ...... do ...... PP 39.54 ...... do ...... PP 18850 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

39.56 ...... do ...... PP 39.58 ...... do ...... PX 39.60 ...... do ...... PP 39.62 ...... do ...... PP 39.64 ...... do ...... PP 39.66 ...... Mobile ...... PP 39.68 ...... Base or mobile ...... PP 39.70 ...... Mobile ...... PP 39.72 ...... Base or mobile ...... PP 39.74 ...... Mobile ...... PP 39.76 ...... Base or mobile ...... PP 39.78 ...... Mobile ...... PP 39.80 ...... Base or mobile ...... PP 39.82 ...... do ...... PX 39.84 ...... do ...... PP 39.86 ...... do ...... PP 39.88 ...... do ...... PP 39.90 ...... do ...... PX 39.92 ...... do ...... PP 39.94 ...... do ...... PP 39.96 ...... do ...... PP 39.98 ...... do ...... PX 42.02 ...... do ...... 2, 3, 16 ...... PP 42.04 ...... do ...... 2, 3, 16 ...... PP 42.06 ...... do ...... 2, 3, 16 ...... PP 42.08 ...... do ...... 2, 3, 16 ...... PP 42.10 ...... do ...... 2, 3, 16 ...... PP 42.12 ...... do ...... 2, 3, 16 ...... PP 42.14 ...... do ...... 2, 3, 16 ...... PP 42.16 ...... do ...... 2, 3, 16 ...... PP 42.18 ...... Mobile ...... 2, 16 ...... PP 42.20 ...... do ...... 2, 16 ...... PP 42.22 ...... do ...... 2, 16 ...... PP 42.24 ...... do ...... 2, 16 ...... PP 42.26 ...... do ...... 2, 16 ...... PP 42.28 ...... do ...... 2, 16 ...... PP 42.30 ...... do ...... 2, 16 ...... PP 42.32 ...... Base or mobile ...... 2, 3, 16 ...... PP 42.34 ...... do ...... 2, 3, 16 ...... PP 42.36 ...... do ...... 2, 3, 16 ...... PP 42.38 ...... do ...... 2, 3, 16 ...... PP 42.40 ...... do ...... 2, 3, 16, 27 ...... PP 42.42 ...... do ...... 2, 3, 16 ...... PP 42.44 ...... do ...... 2, 3, 16 ...... PP 42.46 ...... do ...... 2, 3, 16 ...... PP 42.48 ...... do ...... 2, 3, 16 ...... PP 42.50 ...... do ...... 2, 3, 16 ...... PP 42.52 ...... do ...... 2, 3, 16 ...... PP 42.54 ...... do ...... 2, 3, 16 ...... PP 42.56 ...... do ...... 2, 3, 16 ...... PP 42.58 ...... do ...... 2, 3, 16 ...... PP 42.60 ...... do ...... 2, 3, 16 ...... PP 42.62 ...... do ...... 2, 3, 16 ...... PP 42.64 ...... do ...... 2, 3, 16 ...... PP 42.66 ...... Mobile ...... 2, 16 ...... PP 42.68 ...... do ...... 2, 16 ...... PP 42.70 ...... do ...... 2, 16 ...... PP 42.72 ...... do ...... 2, 16 ...... PP 42.74 ...... do ...... 2, 16 ...... PP 42.76 ...... do ...... 2, 16 ...... PP 42.78 ...... do ...... 2, 16 ...... PP 42.80 ...... Base or mobile ...... 13 ...... PP 42.82 ...... do ...... 2, 3, 16 ...... PP 42.84 ...... do ...... 2, 3, 16 ...... PP 42.86 ...... do ...... 2, 3, 16 ...... PP 42.88 ...... do ...... 2, 3, 16 ...... PP 42.90 ...... do ...... 2, 3, 16 ...... PP 42.92 ...... do ...... 2, 3, 16 ...... PP 42.94 ...... do ...... 2, 3, 16 ...... PP 43.64 ...... Base ...... 13, 18 ...... PS 43.68 ...... do ...... 13 ...... PS 44.62 ...... Base or mobile ...... 2, 3, 16 ...... PP Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18851

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

44.64 ...... do ...... PO 44.66 ...... do ...... 2, 3, 16 ...... PP 44.68 ...... do ...... PO 44.70 ...... do ...... 2, 3, 16 ...... PP 44.72 ...... do ...... PO 44.74 ...... do ...... 2, 3, 16 ...... PP 44.76 ...... do ...... PO 44.78 ...... Mobile ...... 2, 16 ...... PP 44.80 ...... Base or mobile ...... PO 44.82 ...... Mobile ...... 2, 16 ...... PP 44.84 ...... Base or mobile ...... PO 44.86 ...... Mobile ...... 2, 16 ...... PP 44.88 ...... Base or mobile ...... PO 44.90 ...... Mobile ...... 2, 16 ...... PP 44.92 ...... Base or mobile ...... PO 44.94 ...... do ...... 2, 3, 16 ...... PP 44.96 ...... do ...... PO 44.98 ...... do ...... 2, 3, 16 ...... PP 45.00 ...... do ...... PO 45.02 ...... do ...... 2, 3, 16 ...... PP 45.04 ...... do ...... PO 45.06 ...... do ...... 2, 3, 16 ...... PP 45.08 ...... do ...... PX 45.10 ...... do ...... PP 45.12 ...... do ...... PX 45.14 ...... do ...... PP 45.16 ...... do ...... PX 45.18 ...... do ...... PP 45.20 ...... do ...... PX 45.22 ...... do ...... PP 45.24 ...... do ...... PX 45.26 ...... Mobile ...... PP 45.28 ...... Base or mobile ...... PX 45.30 ...... Mobile ...... PP 45.32 ...... Base or mobile ...... PX 45.34 ...... Mobile ...... PP 45.36 ...... Base or mobile ...... PX 45.38 ...... Mobile ...... PP 45.40 ...... Base or mobile ...... PX 45.42 ...... do ...... PP 45.44 ...... do ...... PX 45.46 ...... do ...... PP 45.48 ...... do ...... PX 45.50 ...... do ...... PP 45.52 ...... do ...... PX 45.54 ...... do ...... PP 45.56 ...... do ...... PX 45.58 ...... do ...... PP 45.60 ...... do ...... PX 45.62 ...... do ...... PP 45.64 ...... do ...... PX 45.66 ...... do ...... PP 45.68 ...... do ...... PH 45.70 ...... do ...... PP 45.72 ...... do ...... PH 45.74 ...... Mobile ...... PP 45.76 ...... Base or mobile ...... PH 45.78 ...... Mobile ...... PP 45.80 ...... Base or mobile ...... PH 45.82 ...... Mobile ...... PP 45.84 ...... Base or mobile ...... PH 45.86 ...... do ...... 15 ...... PP 45.88 ...... do ...... 19 ...... PF 45.90 ...... do ...... 20 ...... PP 45.92 ...... do ...... 10 ...... PS 45.94 ...... do ...... PP 45.96 ...... do ...... 10 ...... PS 45.98 ...... do ...... PP 46.00 ...... do ...... 10 ...... PS 46.02 ...... do ...... PP 46.04 ...... do ...... 10 ...... PS 46.06 ...... do ...... PF 18852 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

46.08 ...... do ...... PF 46.10 ...... do ...... PF 46.12 ...... do ...... PF 46.14 ...... do ...... PF 46.16 ...... do ...... PF 46.18 ...... do ...... PF 46.20 ...... do ...... PF 46.22 ...... Mobile ...... PF 46.24 ...... do ...... PF 46.26 ...... do ...... PF 46.28 ...... do ...... PF 46.30 ...... Mobile or fixed ...... 11 ...... PF 46.32 ...... Mobile ...... PF 46.34 ...... do ...... PF 46.36 ...... Base or mobile ...... PF 46.38 ...... do ...... PF 46.40 ...... do ...... PF 46.42 ...... do ...... PF 46.44 ...... do ...... PF 46.46 ...... do ...... PF 46.48 ...... do ...... PF 46.50 ...... do ...... PF 46.52 ...... do ...... PX 46.54 ...... do ...... PX 46.56 ...... do ...... PX 46.58 ...... do ...... PX 47.02 ...... do ...... 21, 22 ...... PH 47.04 ...... do ...... 21, 22 ...... PH 47.06 ...... do ...... 21, 22 ...... PH 47.08 ...... do ...... 21, 22 ...... PH 47.10 ...... do ...... 21, 22 ...... PH 47.12 ...... do ...... 21, 22 ...... PH 47.14 ...... do ...... 21, 22 ...... PH 47.16 ...... do ...... 21, 22 ...... PH 47.18 ...... do ...... 21, 22 ...... PH 47.20 ...... do ...... 21, 22 ...... PH 47.22 ...... do ...... 21, 22 ...... PH 47.24 ...... do ...... 21, 22 ...... PH 47.26 ...... do ...... 21, 22 ...... PH 47.28 ...... do ...... 21, 22 ...... PH 47.30 ...... do ...... 21, 22 ...... PH 47.32 ...... do ...... 21, 22 ...... PH 47.34 ...... do ...... 21, 22 ...... PH 47.36 ...... do ...... 21, 22 ...... PH 47.38 ...... do ...... 21, 22 ...... PH 47.40 ...... do ...... 21, 22 ...... PH 47.42 ...... do ...... 10, 23 ...... PS 47.46 ...... do ...... 10 ...... PS 47.50 ...... do ...... 10 ...... PS 47.54 ...... do ...... 10 ...... PS 47.58 ...... do ...... 10 ...... PS 47.62 ...... do ...... 10 ...... PS 47.66 ...... do ...... 10 ...... PS 72.00 to 76.00 ...... Operational fixed ...... 24 72.44 ...... Mobile ...... 25 ...... PF 72.48 ...... do ...... 25 ...... PF 72.52 ...... do ...... 25 ...... PF 72.56 ...... do ...... 25 ...... PF 72.6 ...... do ...... 25 ...... PF 75.44 ...... do ...... 25 ...... PF 75.48 ...... do ...... 25 ...... PF 75.52 ...... do ...... 25 ...... PF 75.56 ...... do ...... 25 ...... PF 75.6 ...... do ...... 25 ...... PF 150 to 170 ...... Base or mobile ...... 26 150.775 ...... Mobile ...... PM 150.7825 ...... do ...... 27 ...... PM 150.790 ...... do ...... PM 150.7975 ...... do ...... PM 150.805 ...... do ...... PM 150.995 ...... Base or mobile ...... 28 ...... PH 151.0025 ...... do ...... 27, 28 ...... PH Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18853

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

151.010 ...... do ...... 28 ...... PH 151.0175 ...... do ...... 27, 28 ...... PH 151.025 ...... do ...... 28 ...... PH 151.0325 ...... do ...... 27, 28 ...... PH 151.040 ...... do ...... 28 ...... PH 151.0475 ...... do ...... 27, 28 ...... PH 151.055 ...... do ...... 28 ...... PH 151.070 ...... do ...... 28, 30 ...... PH 151.085 ...... do ...... 28 ...... PH 151.0925 ...... do ...... 27, 28 ...... PH 151.100 ...... do ...... 28 ...... PH 151.1075 ...... do ...... 27, 28 ...... PH 151.115 ...... do ...... 28 ...... PH 151.1225 ...... do ...... 27, 28 ...... PH 151.130 ...... do ...... 28 ...... PH 151.1375 ...... do ...... 27, 28 ...... PH 151.145 ...... do ...... 28 ...... PO 151.1525 ...... do ...... 27, 28 ...... PO 151.160 ...... do ...... 28 ...... PO 151.1675 ...... do ...... 27, 28 ...... PO 151.175 ...... do ...... 28 ...... PO 151.190 ...... do ...... 28, 30 ...... PO 151.205 ...... do ...... 28 ...... PO 151.2125 ...... do ...... 27, 28 ...... PO 151.220 ...... do ...... 28 ...... PO 151.2275 ...... do ...... 27, 28 ...... PO 151.235 ...... do ...... 28 ...... PO 151.2425 ...... do ...... 27, 28 ...... PO 151.250 ...... do ...... 28 ...... PO 151.2575 ...... do ...... 27, 28 ...... PO 151.265 ...... do ...... 28 ...... PO 151.2725 ...... do ...... 27, 28 ...... PO 151.280 ...... do ...... 28 ...... PO 151.2875 ...... do ...... 27, 28 ...... PO 151.295 ...... do ...... 28 ...... PO 151.310 ...... do ...... 28, 30 ...... PO 151.325 ...... do ...... 28 ...... PO 151.3325 ...... do ...... 27, 28 ...... PO 151.340 ...... do ...... 28 ...... PO 151.3475 ...... do ...... 27, 28 ...... PO 151.355 ...... do ...... 28 ...... PO 151.3625 ...... do ...... 27, 28 ...... PO 151.370 ...... do ...... 28 ...... PO 151.3775 ...... do ...... 27, 28 ...... PO 151.385 ...... do ...... 28 ...... PO 151.3925 ...... do ...... 27, 28 ...... PO 151.400 ...... do ...... 28 ...... PO 151.4075 ...... do ...... 27, 28 ...... PO 151.415 ...... do ...... 28 ...... PO 151.4225 ...... do ...... 27, 28 ...... PO 151.430 ...... do ...... 28 ...... PO 151.4375 ...... do ...... 27, 28 ...... PO 151.445 ...... do ...... 28 ...... PO 151.4525 ...... do ...... 27, 28 ...... PO 151.460 ...... do ...... 28 ...... PO 151.4675 ...... do ...... 27, 28 ...... PO 151.475 ...... do ...... 28 ...... PO 151.4825 ...... do ...... 27, 28 ...... PO 151.490 ...... do ...... 7, 28 ...... PO 151.4975 ...... do ...... 7, 27, 28 ...... PO 152.0075 ...... Base ...... 13, 19, 30 ...... PS 153.740 ...... Mobile ...... PX 153.7475 ...... do ...... 27 ...... PX 153.755 ...... do ...... PX 153.7625 ...... do ...... 27 ...... PX 153.770 ...... do ...... PF 153.7775 ...... do ...... 27 ...... PF 153.785 ...... do ...... PX 153.7925 ...... do ...... 27 ...... PX 153.800 ...... do ...... PX 153.8075 ...... do ...... 27 ...... PX 153.815 ...... do ...... PX 18854 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

153.8225 ...... do ...... 27 ...... PX 153.830 ...... do ...... 31 ...... PF 153.8375 ...... do ...... 27, 31 ...... PF 153.845 ...... do ...... PX 153.8525 ...... do ...... 27 ...... PX 153.860 ...... do ...... PX 153.8675 ...... do ...... 27 ...... PX 153.875 ...... do ...... PX 153.8825 ...... do ...... 27 ...... PX 153.890 ...... do ...... PF 153.8975 ...... do ...... 27 ...... PF 153.905 ...... do ...... PX 153.9125 ...... do ...... 27 ...... PX 153.920 ...... do ...... PX 153.9275 ...... do ...... 27 ...... PX 153.935 ...... do ...... PX 153.9425 ...... do ...... 27 ...... PX 153.950 ...... do ...... PF 153.9575 ...... do ...... 27 ...... PF 153.965 ...... do ...... PX 153.9725 ...... do ...... 27 ...... PX 153.980 ...... do ...... PX 153.9875 ...... do ...... 27 ...... PX 153.995 ...... do ...... PX 154.0025 ...... do ...... 27 ...... PX 154.010 ...... do ...... PF 154.0175 ...... do ...... 27 ...... PF 154.025 ...... Base or mobile ...... PX 154.0325 ...... do ...... 27 ...... PX 154.040 ...... do ...... 28 ...... PX 154.0475 ...... do ...... 27, 28 ...... PX 154.055 ...... do ...... 28 ...... PX 154.0625 ...... do ...... 27, 28 ...... PX 154.070 ...... Mobile ...... 28 ...... PF 154.0775 ...... do ...... 27, 28 ...... PF 154.085 ...... Base or mobile ...... 28 ...... PX 154.0925 ...... do ...... 27, 28 ...... PX 154.100 ...... do ...... 28 ...... PX 154.1075 ...... do ...... 27, 28 ...... PX 154.115 ...... do ...... 28 ...... PX 154.1225 ...... do ...... 27, 28 ...... PX 154.130 ...... do ...... 28 ...... PF 154.1375 ...... do ...... 27, 28 ...... PF 154.145 ...... do ...... 28 ...... PF 154.1525 ...... do ...... 27, 28 ...... PF 154.160 ...... do ...... 28 ...... PF 154.1675 ...... do ...... 27, 28 ...... PF 154.175 ...... do ...... 28 ...... PF 154.1825 ...... do ...... 27, 28 ...... PF 154.190 ...... do ...... 28 ...... PF 154.1975 ...... do ...... 27, 28 ...... PF 154.205 ...... do ...... 28 ...... PF 154.2125 ...... do ...... 27, 28 ...... PF 154.220 ...... do ...... 28 ...... PF 154.2275 ...... do ...... 27, 28 ...... PF 154.235 ...... do ...... 28 ...... PF 154.2425 ...... do ...... 27, 28 ...... PF 154.250 ...... do ...... 28 ...... PF 154.2575 ...... do ...... 27, 28 ...... PF 154.265 ...... do ...... 19, 28 ...... PF 154.2725 ...... do ...... 19, 27, 28 ...... PF 154.280 ...... do ...... 19, 28 ...... PF 154.2875 ...... do ...... 19, 27, 28 ...... PF 154.295 ...... do ...... 19, 28 ...... PF 154.3025 ...... do ...... 19, 27, 28 ...... PF 154.310 ...... do ...... 28 ...... PF 154.3175 ...... do ...... 27, 28 ...... PF 154.325 ...... do ...... 28 ...... PF 154.3325 ...... do ...... 27, 28 ...... PF 154.340 ...... do ...... 28 ...... PF 154.3475 ...... do ...... 27, 28 ...... PF 154.355 ...... do ...... 28 ...... PF Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18855

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

154.3625 ...... do ...... 27, 28 ...... PF 154.370 ...... do ...... 28 ...... PF 154.3775 ...... do ...... 27, 28 ...... PF 154.385 ...... do ...... 28 ...... PF 154.3925 ...... do ...... 27, 28 ...... PF 154.400 ...... do ...... 28 ...... PF 154.4075 ...... do ...... 27, 28 ...... PF 154.415 ...... do ...... 28 ...... PF 154.4225 ...... do ...... 27, 28 ...... PF 154.430 ...... do ...... 28 ...... PF 154.4375 ...... do ...... 27, 28 ...... PF 154.445 ...... do ...... 28 ...... PF 154.4525 ...... do ...... 27, 28 ...... PF 154.45625 ...... Fixed or mobile ...... 32, 33, 34, 35 ...... PX 154.46375 ...... do ...... 33, 34, 35, 36, 37 ...... PX 154.47125 ...... do ...... 33, 34, 35, 36 ...... PX 154.47875 ...... do ...... 33, 34, 35, 37 ...... PX 154.650 ...... Mobile ...... PP 154.6575 ...... do ...... 27 ...... PP 154.665 ...... Base or mobile ...... 16 ...... PP 154.6725 ...... do ...... 16, 27 ...... PP 154.680 ...... do ...... 16 ...... PP 154.6875 ...... do ...... 16, 27 ...... PP 154.695 ...... do ...... 16 ...... PP 154.7025 ...... do ...... 16, 27 ...... PP 154.710 ...... Mobile ...... PP 154.7175 ...... do ...... 27 ...... PP 154.725 ...... Base or mobile ...... PP 154.7325 ...... do ...... 27 ...... PP 154.740 ...... do ...... PP 154.7475 ...... do ...... 27 ...... PP 154.755 ...... do ...... PP 154.7625 ...... do ...... 27 ...... PP 154.770 ...... Mobile ...... PP 154.7775 ...... do ...... 27 ...... PP 154.785 ...... Base or mobile ...... PP 154.7925 ...... do ...... 27 ...... PP 154.800 ...... do ...... PP 154.8075 ...... do ...... 27 ...... PP 154.815 ...... do ...... PP 154.8225 ...... do ...... 27 ...... PP 154.830 ...... Mobile ...... PP 154.8375 ...... do ...... 27 ...... PP 154.845 ...... Base or mobile ...... PP 154.8525 ...... do ...... 27 ...... PP 154.860 ...... do ...... PP 154.8675 ...... do ...... 27 ...... PP 154.875 ...... do ...... PP 154.8825 ...... do ...... 27 ...... PP 154.890 ...... Mobile ...... PP 154.8975 ...... do ...... 27 ...... PP 154.905 ...... Base or mobile ...... 16 ...... PP 154.9125 ...... do ...... 16, 27 ...... PP 154.920 ...... do ...... 16 ...... PP 154.9275 ...... do ...... 16, 27 ...... PP 154.935 ...... do ...... 16 ...... PP 154.9425 ...... do ...... 16, 27 ...... PP 154.950 ...... Mobile ...... PP 154.9575 ...... do ...... 27 ...... PP 154.965 ...... Base or mobile ...... PX 154.9725 ...... do ...... 27 ...... PX 154.980 ...... do ...... PX 154.9875 ...... do ...... 27 ...... PX 154.995 ...... do ...... PX 155.0025 ...... do ...... 27 ...... PX 155.010 ...... do ...... PP 155.0175 ...... do ...... 27 ...... PP 155.025 ...... do ...... PX 155.0325 ...... do ...... 27 ...... PX 155.040 ...... do ...... PX 155.0475 ...... do ...... 27 ...... PX 155.055 ...... do ...... PX 18856 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

155.0625 ...... do ...... 27 ...... PX 155.070 ...... do ...... PP 155.0775 ...... do ...... 27 ...... PP 155.085 ...... do ...... PX 155.0925 ...... do ...... 27 ...... PX 155.100 ...... do ...... PX 155.1075 ...... do ...... 27 ...... PX 155.115 ...... do ...... PX 155.1225 ...... do ...... 27 ...... PX 155.130 ...... do ...... PP 155.1375 ...... do ...... 27 ...... PP 155.145 ...... do ...... PX 155.1525 ...... do ...... 27 ...... PX 155.160 ...... do ...... 10 ...... PS 155.1675 ...... do ...... 10, 27 ...... PS 155.175 ...... do ...... 10 ...... PS 155.1825 ...... do ...... 10, 27 ...... PS 155.190 ...... do ...... PP 155.1975 ...... do ...... 27 ...... PP 155.205 ...... do ...... 10 ...... PS 155.2125 ...... do ...... 10, 27 ...... PS 155.220 ...... do ...... 10 ...... PS 155.2275 ...... do ...... 10, 27 ...... PS 155.235 ...... do ...... 10 ...... PS 155.2425 ...... do ...... 10, 27 ...... PS 155.250 ...... do ...... PP 155.2575 ...... do ...... 27 ...... PP 155.265 ...... do ...... 10 ...... PS 155.2725 ...... do ...... 10, 27 ...... PS 155.280 ...... do ...... 10 ...... PS 155.2875 ...... do ...... 10, 27 ...... PS 155.295 ...... do ...... 10 ...... PS 155.3025 ...... do ...... 10, 27 ...... PS 155.310 ...... do ...... PP 155.3175 ...... do ...... 27 ...... PP 155.325 ...... do ...... 38, 39 ...... PM 155.3325 ...... do ...... 27, 38, 39 ...... PM 155.340 ...... do ...... 39, 40 ...... PM 155.3475 ...... do ...... 27, 39, 40 ...... PM 155.355 ...... do ...... 38, 39 ...... PM 155.3625 ...... do ...... 27, 38, 39 ...... PM 155.370 ...... do ...... PP 155.3775 ...... do ...... 27 ...... PP 155.385 ...... do ...... 38, 39 ...... PM 155.3925 ...... do ...... 27, 38, 39 ...... PM 155.400 ...... do ...... 38, 39 ...... PM 155.4075 ...... do ...... 27, 38, 39 ...... PM 155.415 ...... do ...... PP 155.4225 ...... do ...... 27 ...... PP 155.430 ...... do ...... PP 155.4375 ...... do ...... 27 ...... PP 155.445 ...... do ...... 16 ...... PP 155.4525 ...... do ...... 16, 27 ...... PP 155.460 ...... do ...... 16 ...... PP 155.4675 ...... do ...... 16, 27 ...... PP 155.475 ...... do ...... 41 ...... PP 155.4825 ...... do ...... 27, 41 ...... PP 155.490 ...... do ...... PP 155.4975 ...... do ...... 27 ...... PP 155.505 ...... do ...... 16 ...... PP 155.5125 ...... do ...... 16, 27 ...... PP 155.520 ...... do ...... PP 155.5275 ...... do ...... 27 ...... PP 155.535 ...... do ...... PP 155.5425 ...... do ...... 27 ...... PP 155.550 ...... do ...... PP 155.5575 ...... do ...... 27 ...... PP 155.565 ...... do ...... PP 155.5725 ...... do ...... 27 ...... PP 155.580 ...... do ...... PP 155.5875 ...... do ...... 27 ...... PP 155.595 ...... do ...... PP Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18857

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

155.6025 ...... do ...... 27 ...... PP 155.610 ...... do ...... PP 155.6175 ...... do ...... 27 ...... PP 155.625 ...... do ...... PP 155.6325 ...... do ...... 27 ...... PP 155.640 ...... do ...... PP 155.6475 ...... do ...... 27 ...... PP 155.655 ...... do ...... PP 155.6625 ...... do ...... 27 ...... PP 155.670 ...... do ...... PP 155.6775 ...... do ...... 27 ...... PP 155.685 ...... do ...... PP 155.6925 ...... do ...... 27 ...... PP 155.700 ...... do ...... PP 155.7075 ...... do ...... 27 ...... PP 155.715 ...... do ...... PX 155.7225 ...... do ...... 27 ...... PX 155.730 ...... do ...... PP 155.7375 ...... do ...... 27 ...... PP 155.745 ...... do ...... PX 155.7525 ...... do ...... 27 ...... PX 155.760 ...... do ...... PX 155.7675 ...... do ...... 27 ...... PX 155.775 ...... do ...... PX 155.7825 ...... do ...... 27 ...... PX 155.790 ...... do ...... PP 155.7975 ...... do ...... 27 ...... PP 155.805 ...... do ...... PX 155.8125 ...... do ...... 27 ...... PX 155.820 ...... do ...... PX 155.8275 ...... do ...... 27 ...... PX 155.835 ...... do ...... PX 155.8425 ...... do ...... 27 ...... PX 155.850 ...... Mobile ...... PP 155.8575 ...... do ...... 27 ...... PP 155.865 ...... Base or mobile ...... PX 155.8725 ...... do ...... 27 ...... PX 155.880 ...... do ...... PX 155.8875 ...... do ...... 27 ...... PX 155.895 ...... do ...... PX 155.9025 ...... do ...... 27 ...... PX 155.910 ...... Mobile ...... PP 155.9175 ...... do ...... 27 ...... PP 155.925 ...... Base or mobile ...... PX 155.9325 ...... do ...... 27 ...... PX 155.940 ...... do ...... PX 155.9475 ...... do ...... 27 ...... PX 155.955 ...... do ...... PX 155.9625 ...... do ...... 27 ...... PX 155.970 ...... Mobile ...... PP 155.9775 ...... do ...... 27 ...... PP 155.985 ...... do ...... PX 155.9925 ...... do ...... 27 ...... PX 156.000 ...... do ...... PX 156.0075 ...... do ...... 27 ...... PX 156.015 ...... do ...... PX 156.0225 ...... do ...... 27 ...... PX 156.030 ...... do ...... PP 156.0375 ...... do ...... 27 ...... PP 156.045 ...... do ...... 42 ...... PH 156.0525 ...... do ...... 27, 42 ...... PH 156.060 ...... do ...... 42 ...... PH 156.0675 ...... do ...... 27, 42 ...... PH 156.075 ...... do ...... PH 156.0825 ...... do ...... 27 ...... PH 156.090 ...... do ...... PP 156.0975 ...... do ...... 27 ...... PP 156.105 ...... Base or mobile ...... PH 156.1125 ...... do ...... 27 ...... PH 156.120 ...... do ...... PH 156.1275 ...... do ...... 27 ...... PH 156.135 ...... do ...... PH 18858 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

156.1425 ...... do ...... 27 ...... PH 156.150 ...... Mobile ...... PP 156.1575 ...... do ...... 27 ...... PP 156.165 ...... Base or mobile ...... 42, 43 ...... PH 156.1725 ...... do ...... 27, 42, 43 ...... PH 156.180 ...... do ...... 42, 43 ...... PH 156.1875 ...... do ...... 27, 42, 43 ...... PH 156.195 ...... do ...... 43 ...... PH 156.2025 ...... do ...... 27, 43 ...... PH 156.210 ...... do ...... PP 156.2175 ...... do ...... 27 ...... PP 156.225 ...... do ...... 43 ...... PH 156.2325 ...... do ...... 27, 43 ...... PH 156.240 ...... do ...... 43 ...... PH 156.2475 ...... do ...... 43, 44 ...... PH 157.450 ...... do ...... 13, 45, 30 ...... PS 158.7225 ...... do ...... 44 ...... PP 158.730 ...... do ...... PP 158.7375 ...... do ...... 27 ...... PP 158.745 ...... Base and mobile ...... PX 158.7525 ...... do ...... 27 ...... PX 158.760 ...... do ...... PX 158.7675 ...... do ...... 27 ...... PX 158.775 ...... do ...... PX 158.7825 ...... do ...... 27 ...... PX 158.790 ...... Base or mobile ...... PP 158.7975 ...... do ...... 27 ...... PP 158.805 ...... Base and mobile ...... PX 158.8125 ...... do ...... 27 ...... PX 158.820 ...... do ...... PX 158.8275 ...... do ...... 27 ...... PX 158.835 ...... do ...... PX 158.8425 ...... do ...... 27 ...... PX 158.850 ...... Base or mobile ...... PP 158.8575 ...... do ...... 27 ...... PP 158.865 ...... Mobile ...... PX 158.8725 ...... do ...... 27 ...... PX 158.880 ...... do ...... PX 158.8875 ...... do ...... 27 ...... PX 158.895 ...... do ...... PX 158.9025 ...... do ...... 27 ...... PX 158.910 ...... do ...... PP 158.9175 ...... do ...... 27 ...... PP 158.925 ...... do ...... PX 158.9325 ...... do ...... 27 ...... PX 158.940 ...... do ...... PX 158.9475 ...... do ...... 27 ...... PX 158.955 ...... do ...... PX 158.9625 ...... do ...... 27 ...... PX 158.970 ...... do ...... PP 158.9775 ...... do ...... 27 ...... PP 158.985 ...... do ...... 43 ...... PH 158.9925 ...... do ...... 27, 43 ...... PH 159.000 ...... do ...... 43 ...... PH 159.0075 ...... do ...... 27, 43 ...... PH 159.015 ...... do ...... 43 ...... PH 159.0225 ...... do ...... 27, 43 ...... PH 159.030 ...... do ...... PP 159.0375 ...... do ...... 27 ...... PP 159.045 ...... do ...... 43 ...... PH 159.0525 ...... do ...... 27, 43 ...... PH 159.060 ...... do ...... 43 ...... PH 159.0675 ...... do ...... 27, 43 ...... PH 159.075 ...... do ...... 43 ...... PH 159.0825 ...... do ...... 27, 43 ...... PH 159.090 ...... Base or mobile ...... PP 159.0975 ...... do ...... 27 ...... PP 159.105 ...... do ...... 43 ...... PH 159.1125 ...... do ...... 27, 43 ...... PH 159.120 ...... do ...... 43 ...... PH 159.1275 ...... do ...... 27, 43 ...... PH 159.135 ...... do ...... 43 ...... PH Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18859

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

159.1425 ...... do ...... 27, 43 ...... PH 159.150 ...... do ...... PP 159.1575 ...... do ...... 27 ...... PP 159.165 ...... do ...... 43 ...... PH 159.1725 ...... do ...... 27, 43 ...... PH 159.180 ...... do ...... PH 159.1875 ...... do ...... 27 ...... PH 159.195 ...... do ...... PH 159.2025 ...... do ...... 27 ...... PH 159.210 ...... do ...... PP 159.2175 ...... do ...... 27 ...... PP 159.225 ...... do ...... PO 159.2325 ...... do ...... 27 ...... PO 159.240 ...... do ...... 46 ...... PO 159.2475 ...... do ...... 27, 46 ...... PO 159.255 ...... do ...... 46 ...... PO 159.2625 ...... do ...... 27, 46 ...... PO 159.270 ...... do ...... 46 ...... PO 159.2775 ...... do ...... 27, 46 ...... PO 159.285 ...... do ...... 46 ...... PO 159.2925 ...... do ...... 27, 46 ...... PO 159.300 ...... do ...... 46 ...... PO 159.3075 ...... do ...... 27, 46 ...... PO 159.315 ...... do ...... 46 ...... PO 159.3225 ...... do ...... 27, 46 ...... PO 159.330 ...... do ...... 46 ...... PO 159.3375 ...... do ...... 27, 46 ...... PO 159.345 ...... do ...... 46 ...... PO 159.3525 ...... do ...... 27, 46 ...... PO 159.360 ...... do ...... 46 ...... PO 159.3675 ...... do ...... 27, 46 ...... PO 159.375 ...... do ...... 46 ...... PO 159.3825 ...... do ...... 27, 46 ...... PO 159.390 ...... do ...... 46 ...... PO 159.3975 ...... do ...... 27, 46 ...... PO 159.405 ...... do ...... 46 ...... PO 159.4125 ...... do ...... 27, 46 ...... PO 159.420 ...... do ...... 46 ...... PO 159.4275 ...... do ...... 27, 46 ...... PO 159.435 ...... do ...... 46 ...... PO 159.4425 ...... do ...... 27, 46 ...... PO 159.450 ...... do ...... PO 159.4575 ...... do ...... 27 ...... PO 159.465 ...... do ...... PO 159.4725 ...... do ...... 27 ...... PO 163.250 ...... do ...... 13, 30 ...... PS 166.250 ...... do ...... 47 ...... PF 169 to 172 ...... Mobile ...... 48 ...... 170.150 ...... Base or mobile ...... 47 ...... PF 170.425 ...... do ...... 9, 49, 50 ...... PO 170.475 ...... do ...... 9, 49, 51 ...... PO 170.575 ...... do ...... 9, 49, 50 ...... PO 171.425 ...... do ...... 9, 49, 51 ...... PO 171.475 ...... do ...... 9, 50, 52 ...... PO 171.575 ...... do ...... 9, 49, 51 ...... PO 172.225 ...... do ...... 9, 49, 50 ...... PO 172.275 ...... do ...... 9, 51, 52 ...... PO 172.375 ...... do ...... 9, 49, 50 ...... PO 173.075 ...... do ...... 53 ...... PP 173.20375 ...... Fixed or mobile ...... 33, 34, 35, 36 ...... PX 173.210 ...... do ...... 34, 35, 36, 54 ...... PX 173.2375 ...... do ...... 32, 33, 34, 35 ...... PX 173.2625 ...... do ...... 32, 33, 34, 35 ...... PX 173.2875 ...... do ...... 32, 33, 34, 35 ...... PX 173.3125 ...... do ...... 32, 33, 34, 35 ...... PX 173.3375 ...... do ...... 32, 33, 34, 35 ...... PX 173.3625 ...... do ...... 32, 33, 34, 35 ...... PX 173.390 ...... do ...... 34, 35, 36, 54 ...... PX 173.39625 ...... do ...... 33, 34, 35, 36 ...... PX 220 to 222 ...... Base and mobile ...... 55 ...... 220.8025 ...... Base ...... 55 ...... PP, PS 220.8075 ...... do ...... 55 ...... PP, PS 18860 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

220.8125 ...... do ...... 55 ...... PP, PS 220.8175 ...... do ...... 55 ...... PP, PS 220.8225 ...... do ...... 55 ...... PP, PS 220.8275 ...... do ...... 55 ...... PP, PS 220.8325 ...... do ...... 55 ...... PP, PS 220.8375 ...... do ...... 55 ...... PP, PS 220.8425 ...... do ...... 55 ...... PP, PS 220.8475 ...... do ...... 55 ...... PP, PS 220.9025 ...... do ...... 55 ...... PM 220.9075 ...... do ...... 55 ...... PM 220.9125 ...... do ...... 55 ...... PM 220.9175 ...... do ...... 55 ...... PM 220.9225 ...... do ...... 55 ...... PM 221.8025 ...... Mobile ...... 55 ...... PP, PS 221.8075 ...... do ...... 55 ...... PP, PS 221.8125 ...... do ...... 55 ...... PP, PS 221.8175 ...... do ...... 55 ...... PP, PS 221.8225 ...... do ...... 55 ...... PP, PS 221.8275 ...... do ...... 55 ...... PP, PS 221.8325 ...... do ...... 55 ...... PP, PS 221.8375 ...... do ...... 55 ...... PP, PS 221.8425 ...... do ...... 55 ...... PP, PS 221.8475 ...... do ...... 55 ...... PP, PS 221.9025 ...... do ...... 55 ...... PM 221.9075 ...... do ...... 55 ...... PM 221.9125 ...... do ...... 55 ...... PM 221.9175 ...... do ...... 55 ...... PM 221.9225 ...... do ...... 55 ...... PM 450 to 470 ...... Fixed, base, or mobile ...... 26, 56 453.0125 ...... Mobile ...... 57 ...... PX 453.025 ...... Central control, fixed base, or mobile ..... 58, 59, 60, 61, 62 ...... PX, PS 453.03125 ...... Base or mobile ...... 44, 59, 60, 61, 62 ...... PM, PS 453.0375 ...... do ...... 27, 59, 60, 61, 62 ...... PX 453.04375 ...... do ...... 44, 59, 60, 61, 62 ...... PM 453.050 ...... do ...... PX 453.05625 ...... do ...... 44 ...... PX 453.0625 ...... do ...... 27 ...... PX 453.06875 ...... do ...... 44 ...... PX 453.075 ...... Central control, fixed, base, or mobile .... 58, 59, 60, 61, 62 ...... PX, PS 453.08125 ...... Base or mobile ...... 44, 59, 60, 61, 62 ...... PM 453.0875 ...... do ...... 27, 59, 60, 61, 62 ...... PX 453.09375 ...... do ...... 44, 59, 60, 61, 62 ...... PM 453.100 ...... do ...... PX 453.10625 ...... do ...... 44 ...... PX 453.1125 ...... do ...... 27 ...... PX 453.11875 ...... do ...... 44 ...... PX 453.125 ...... Central control, fixed, base, or mobile .... 58, 59, 60, 61, 62 ...... PX, PS 453.13125 ...... Base or mobile ...... 44, 59, 60, 61, 62 ...... PM 453.1375 ...... do ...... 27, 59, 60, 61, 62 ...... PX 453.14375 ...... do ...... 44, 59, 60, 61, 62 ...... PM 453.150 ...... do ...... PX 453.15625 ...... do ...... 44 ...... PX 453.1625 ...... do ...... 27 ...... PX 453.16875 ...... do ...... 44 ...... PX 453.175 ...... Central control, fixed, base, or mobile .... 58, 59, 60, 61, 62 ...... PX, PS 453.18125 ...... Base or mobile ...... 44, 59, 60, 61, 62 ...... PM 453.1875 ...... do ...... 27, 59, 60, 61, 62 ...... PX 453.19375 ...... do ...... 44, 59, 60, 61, 62 ...... PM 453.200 ...... do ...... PX 453.20625 ...... do ...... 44 ...... PX 453.2125 ...... do ...... 27 ...... PX 453.21875 ...... do ...... 44 ...... PX 453.225 ...... do ...... PX 453.23125 ...... do ...... 44 ...... PX 453.2375 ...... do ...... 27 ...... PX 453.24375 ...... do ...... 44 ...... PX 453.250 ...... do ...... PX 453.25625 ...... do ...... 44 ...... PX 453.2625 ...... do ...... 27 ...... PX 453.26875 ...... do ...... 44 ...... PX Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18861

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

453.275 ...... do ...... PX 453.28125 ...... do ...... 44 ...... PX 453.2875 ...... do ...... 27 ...... PX 453.29375 ...... do ...... 44 ...... PX 453.300 ...... do ...... PX 453.30625 ...... do ...... 44 ...... PX 453.3125 ...... do ...... 27 ...... PX 453.31875 ...... do ...... 44 ...... PX 453.325 ...... do ...... PX 453.33125 ...... do ...... 44 ...... PX 453.3375 ...... do ...... 27 ...... PX 453.34375 ...... do ...... 44 ...... PX 453.350 ...... do ...... PX 453.35625 ...... do ...... 44 ...... PX 453.3625 ...... do ...... 27 ...... PX 453.36875 ...... do ...... 44 ...... PX 453.375 ...... do ...... PX 453.38125 ...... do ...... 44 ...... PX 453.3875 ...... do ...... 27 ...... PX 453.39375 ...... do ...... 44 ...... PX 453.400 ...... do ...... PX 453.40625 ...... do ...... 44 ...... PX 453.4125 ...... do ...... 27 ...... PX 453.41875 ...... do ...... 44 ...... PX 453.425 ...... do ...... PX 453.43125 ...... do ...... 44 ...... PX 453.4375 ...... do ...... 27 ...... PX 453.44375 ...... do ...... 44 ...... PX 453.450 ...... do ...... PX 453.45625 ...... do ...... 44 ...... PX 453.4625 ...... do ...... 27 ...... PX 453.46875 ...... do ...... 44 ...... PX 453.475 ...... do ...... PX 453.48125 ...... do ...... 44 ...... PX 453.4875 ...... do ...... 27 ...... PX 453.49375 ...... do ...... 44 ...... PX 453.500 ...... do ...... PX 453.50625 ...... do ...... 44 ...... PX 453.5125 ...... do ...... 27 ...... PX 453.51875 ...... do ...... 44 ...... PX 453.525 ...... do ...... PX 453.53125 ...... do ...... 44 ...... PX 453.5375 ...... do ...... 27 ...... PX 453.54375 ...... do ...... 44 ...... PX 453.550 ...... do ...... PX 453.55625 ...... do ...... 44 ...... PX 453.5625 ...... do ...... 27 ...... PX 453.56875 ...... do ...... 44 ...... PX 453.575 ...... do ...... PX 453.58125 ...... do ...... 44 ...... PX 453.5875 ...... do ...... 27 ...... PX 453.59375 ...... do ...... 44 ...... PX 453.600 ...... do ...... PX 453.60625 ...... do ...... 44 ...... PX 453.6125 ...... do ...... 27 ...... PX 453.61875 ...... do ...... 44 ...... PX 453.625 ...... do ...... PX 453.63125 ...... do ...... 44 ...... PX 453.6375 ...... do ...... 27 ...... PX 453.64375 ...... do ...... 44 ...... PX 453.650 ...... do ...... PX 453.65625 ...... do ...... 44 ...... PX 453.6625 ...... do ...... 27 ...... PX 453.66875 ...... do ...... 44 ...... PX 453.675 ...... do ...... PX 453.68125 ...... do ...... 44 ...... PX 453.6875 ...... do ...... 27 ...... PX 453.69375 ...... do ...... 44 ...... PX 453.700 ...... do ...... PX 453.70625 ...... do ...... 44 ...... PX 453.7125 ...... do ...... 27 ...... PX 453.71875 ...... do ...... 44 ...... PX 18862 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

453.725 ...... do ...... PX 453.73125 ...... do ...... 44 ...... PX 453.7375 ...... do ...... 27 ...... PX 453.74375 ...... do ...... 44 ...... PX 453.750 ...... do ...... PX 453.75625 ...... do ...... 44 ...... PX 453.7625 ...... do ...... 27 ...... PX 453.76875 ...... do ...... 44 ...... PX 453.775 ...... do ...... PX 453.78125 ...... do ...... 44 ...... PX 453.7875 ...... do ...... 27 ...... PX 453.79375 ...... do ...... 44 ...... PX 453.800 ...... do ...... PX 453.80625 ...... do ...... 44 ...... PX 453.8125 ...... do ...... 27 ...... PX 453.81875 ...... do ...... 44 ...... PX 453.825 ...... do ...... PX 453.83125 ...... do ...... 44 ...... PX 453.8375 ...... do ...... 27 ...... PX 453.84375 ...... do ...... 44 ...... PX 453.850 ...... do ...... PX 453.85625 ...... do ...... 44 ...... PX 453.8625 ...... do ...... 27 ...... PX 453.86875 ...... do ...... 44 ...... PX 453.875 ...... do ...... PX 453.88125 ...... do ...... 44 ...... PX 453.8875 ...... do ...... 27 ...... PX 453.89375 ...... do ...... 44 ...... PX 453.900 ...... do ...... PX 453.90625 ...... do ...... 44 ...... PX 453.9125 ...... do ...... 27 ...... PX 453.91875 ...... do ...... 44 ...... PX 453.925 ...... do ...... PX 453.93125 ...... do ...... 44 ...... PX 453.9375 ...... do ...... 27 ...... PX 453.94375 ...... do ...... 44 ...... PX 453.950 ...... do ...... PX 453.95625 ...... do ...... 44 ...... PX 453.9625 ...... do ...... 27 ...... PX 453.96875 ...... do ...... 44 ...... PX 453.975 ...... do ...... PX 453.98125 ...... do ...... 44 ...... PX 453.9875 ...... do ...... 27 ...... PX 453.99375 ...... do ...... 44 ...... PX 458.0125 ...... Mobile ...... 57 ...... PS 458.025 ...... Radio call boxes, fixed, or mobile ...... 58, 59, 61, 62, 63 ...... PX 458.03125 ...... Mobile ...... 44, 59, 61, 62 ...... PM 458.0375 ...... do ...... 27, 59, 61, 62 ...... PX 458.04375 ...... do ...... 44, 59, 61, 62 ...... PM 458.050 ...... do ...... PX 458.05625 ...... do ...... 44 ...... PX 458.0625 ...... do ...... 27 ...... PX 458.06875 ...... do ...... 44 ...... PX 458.075 ...... Radio call boxes, fixed, or mobile ...... 58, 59, 61, 62, 63 ...... PX 458.08125 ...... Mobile ...... 44, 59, 61, 62 ...... PM 458.0875 ...... do ...... 27, 59, 61, 62 ...... PX 458.09375 ...... do ...... 44, 59, 61, 62 ...... PM 458.100 ...... do ...... PX 458.10625 ...... do ...... 44 ...... PX 458.1125 ...... do ...... 27 ...... PX 458.11875 ...... do ...... 44 ...... PX 458.125 ...... Radio call boxes, fixed, or mobile ...... 58, 59, 61, 62, 63 ...... PX 458.13125 ...... Mobile ...... 44, 59, 61, 62 ...... PM 458.1375 ...... do ...... 27, 59, 61, 62 ...... PX 458.14375 ...... do ...... 44, 59, 61, 62 ...... PM 458.150 ...... do ...... PX 458.15625 ...... do ...... 44 ...... PX 458.1625 ...... do ...... 27 ...... PX 458.16875 ...... do ...... 44 ...... PX 458.175 ...... Radio call boxes, fixed, or mobile ...... 58, 59, 61, 62, 63 ...... PX 458.18125 ...... Mobile ...... 44, 59, 61, 62 ...... PM 458.1875 ...... do ...... 27, 59, 61, 62 ...... PX Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18863

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

458.19375 ...... do ...... 44, 59, 61, 62 ...... PM 458.200 ...... do ...... PX 458.20625 ...... do ...... 44 ...... PX 458.2125 ...... do ...... 27 ...... PX 458.21875 ...... do ...... 44 ...... PX 458.225 ...... do ...... PX 458.23125 ...... do ...... 44 ...... PX 458.2375 ...... do ...... 27 ...... PX 458.24375 ...... do ...... 44 ...... PX 458.250 ...... do ...... PX 458.25625 ...... do ...... 44 ...... PX 458.2625 ...... do ...... 27 ...... PX 458.26875 ...... do ...... 44 ...... PX 458.275 ...... do ...... PX 458.28125 ...... do ...... 44 ...... PX 458.2875 ...... do ...... 27 ...... PX 458.29375 ...... do ...... 44 ...... PX 458.300 ...... do ...... PX 458.30625 ...... do ...... 44 ...... PX 458.3125 ...... do ...... 27 ...... PX 458.31875 ...... do ...... 44 ...... PX 458.325 ...... do ...... PX 458.33125 ...... do ...... 44 ...... PX 458.3375 ...... do ...... 27 ...... PX 458.34375 ...... do ...... 44 ...... PX 458.350 ...... do ...... PX 458.35625 ...... do ...... 44 ...... PX 458.3625 ...... do ...... 27 ...... PX 458.36875 ...... do ...... 44 ...... PX 458.375 ...... do ...... PX 458.38125 ...... do ...... 44 ...... PX 458.3875 ...... do ...... 27 ...... PX 458.39375 ...... do ...... 44 ...... PX 458.400 ...... do ...... PX 458.40625 ...... do ...... 44 ...... PX 458.4125 ...... do ...... 27 ...... PX 458.41875 ...... do ...... 44 ...... PX 458.425 ...... do ...... PX 458.43125 ...... do ...... 44 ...... PX 458.4375 ...... do ...... 27 ...... PX 458.44375 ...... do ...... 44 ...... PX 458.450 ...... do ...... PX 458.45625 ...... do ...... 44 ...... PX 458.4625 ...... do ...... 27 ...... PX 458.46875 ...... do ...... 44 ...... PX 458.475 ...... do ...... PX 458.48125 ...... do ...... 44 ...... PX 458.4875 ...... do ...... 27 ...... PX 458.49375 ...... do ...... 44 ...... PX 458.500 ...... do ...... PX 458.50625 ...... do ...... 44 ...... PX 458.5125 ...... do ...... 27 ...... PX 458.51875 ...... do ...... 44 ...... PX 458.525 ...... do ...... PX 458.53125 ...... do ...... 44 ...... PX 458.5375 ...... do ...... 27 ...... PX 458.54375 ...... do ...... 44 ...... PX 458.550 ...... do ...... PX 458.55625 ...... do ...... 44 ...... PX 458.5625 ...... do ...... 27 ...... PX 458.56875 ...... do ...... 44 ...... PX 458.575 ...... do ...... PX 458.58125 ...... do ...... 44 ...... PX 458.5875 ...... do ...... 27 ...... PX 458.59375 ...... do ...... 44 ...... PX 458.600 ...... do ...... PX 458.60625 ...... do ...... 44 ...... PX 458.6125 ...... do ...... 27 ...... PX 458.61875 ...... do ...... 44 ...... PX 458.625 ...... do ...... PX 458.63125 ...... do ...... 44 ...... PX 458.6375 ...... do ...... 27 ...... PX 18864 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

458.64375 ...... do ...... 44 ...... PX 458.650 ...... do ...... PX 458.65625 ...... do ...... 44 ...... PX 458.6625 ...... do ...... 27 ...... PX 458.66875 ...... do ...... 44 ...... PX 458.675 ...... do ...... PX 458.68125 ...... do ...... 44 ...... PX 458.6875 ...... do ...... 27 ...... PX 458.69375 ...... do ...... 44 ...... PX 458.700 ...... do ...... PX 458.70625 ...... do ...... 44 ...... PX 458.7125 ...... do ...... 27 ...... PX 458.71875 ...... do ...... 44 ...... PX 458.725 ...... do ...... PX 458.73125 ...... do ...... 44 ...... PX 458.7375 ...... do ...... 27 ...... PX 458.74375 ...... do ...... 44 ...... PX 458.750 ...... do ...... PX 458.75625 ...... do ...... 44 ...... PX 458.7625 ...... do ...... 27 ...... PX 458.76875 ...... do ...... 44 ...... PX 458.775 ...... do ...... PX 458.78125 ...... do ...... 44 ...... PX 458.7875 ...... do ...... 27 ...... PX 458.79375 ...... do ...... 44 ...... PX 458.800 ...... do ...... PX 458.80625 ...... do ...... 44 ...... PX 458.8125 ...... do ...... 27 ...... PX 458.81875 ...... do ...... 44 ...... PX 458.825 ...... do ...... PX 458.83125 ...... do ...... 44 ...... PX 458.8375 ...... do ...... 27 ...... PX 458.84375 ...... do ...... 44 ...... PX 458.850 ...... do ...... PX 458.85625 ...... do ...... 44 ...... PX 458.8625 ...... do ...... 27 ...... PX 458.86875 ...... do ...... 44 ...... PX 458.875 ...... do ...... PX 458.88125 ...... do ...... 44 ...... PX 458.8875 ...... do ...... 27 ...... PX 458.89375 ...... do ...... 44 ...... PX 458.900 ...... do ...... PX 458.90625 ...... do ...... 44 ...... PX 458.9125 ...... do ...... 27 ...... PX 458.91875 ...... do ...... 44 ...... PX 458.925 ...... do ...... PX 458.93125 ...... do ...... 44 ...... PX 458.9375 ...... do ...... 27 ...... PX 458.94375 ...... do ...... 44 ...... PX 458.950 ...... do ...... PX 458.95625 ...... do ...... 44 ...... PX 458.9625 ...... do ...... 27 ...... PX 458.96875 ...... do ...... 44 ...... PX 458.975 ...... do ...... PX 458.98125 ...... do ...... 44 ...... PX 458.9875 ...... do ...... 27 ...... PX 458.99375 ...... do ...... 44 ...... PX 460.0125 ...... do ...... 27, 64 ...... PP 460.01875 ...... Base or mobile ...... 44 ...... PP 460.025 ...... do ...... PP 460.03125 ...... do ...... 44 ...... PP 460.0375 ...... do ...... 27 ...... PP 460.04375 ...... do ...... 44 ...... PP 460.050 ...... do ...... PP 460.05626 ...... do ...... 44 ...... PP 460.0625 ...... do ...... 27 ...... PP 460.06875 ...... do ...... 44 ...... PP 460.075 ...... do ...... PP 460.08125 ...... do ...... 44 ...... PP 460.0875 ...... do ...... 27 ...... PP 460.09375 ...... do ...... 44 ...... PP 460.100 ...... do ...... PP Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18865

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

460.10625 ...... do ...... 44 ...... PP 460.1125 ...... do ...... 27 ...... PP 460.11875 ...... do ...... 44 ...... PP 460.125 ...... do ...... PP 460.13125 ...... do ...... 44 ...... PP 460.1375 ...... do ...... 27 ...... PP 460.14375 ...... do ...... 44 ...... PP 460.150 ...... do ...... PP 460.15625 ...... do ...... 44 ...... PP 460.1625 ...... do ...... 27 ...... PP 460.16875 ...... do ...... 44 ...... PP 460.175 ...... do ...... PP 460.18125 ...... do ...... 44 ...... PP 460.1875 ...... do ...... 27 ...... PP 460.19375 ...... do ...... 44 ...... PP 460.200 ...... do ...... PP 460.20625 ...... do ...... 44 ...... PP 460.2125 ...... do ...... 27 ...... PP 460.21875 ...... do ...... 44 ...... PP 460.225 ...... do ...... PP 460.23125 ...... do ...... 44 ...... PP 460.2375 ...... do ...... 27 ...... PP 460.24375 ...... do ...... 44 ...... PP 460.250 ...... do ...... PP 460.25625 ...... do ...... 44 ...... PP 460.2625 ...... do ...... 27 ...... PP 460.26875 ...... do ...... 44 ...... PP 460.275 ...... do ...... PP 460.28125 ...... do ...... 44 ...... PP 460.2875 ...... do ...... 27 ...... PP 460.29375 ...... do ...... 44 ...... PP 460.300 ...... do ...... PP 460.30625 ...... do ...... 44 ...... PP 460.3125 ...... do ...... 27 ...... PP 460.31875 ...... do ...... 44 ...... PP 460.325 ...... do ...... PP 460.33125 ...... do ...... 44 ...... PP 460.3375 ...... do ...... 27 ...... PP 460.34375 ...... do ...... 44 ...... PP 460.350 ...... do ...... PP 460.35625 ...... do ...... 44 ...... PP 460.3625 ...... do ...... 27 ...... PP 460.36875 ...... do ...... 44 ...... PP 460.375 ...... do ...... PP 460.38125 ...... do ...... 44 ...... PP 460.3875 ...... do ...... 27 ...... PP 460.39375 ...... do ...... 44 ...... PP 460.400 ...... do ...... PP 460.40625 ...... do ...... 44 ...... PP 460.4125 ...... do ...... 27 ...... PP 460.41875 ...... do ...... 44 ...... PP 460.425 ...... do ...... PP 460.43125 ...... do ...... 44 ...... PP 460.4375 ...... do ...... 27 ...... PP 460.44375 ...... do ...... 44 ...... PP 460.450 ...... do ...... PP 460.45625 ...... do ...... 44 ...... PP 460.4625 ...... do ...... 27 ...... PP 460.46875 ...... do ...... 44 ...... PP 460.475 ...... do ...... PP 460.48125 ...... do ...... 44 ...... PP 460.4875 ...... do ...... 27 ...... PP 460.49375 ...... do ...... 44 ...... PP 460.500 ...... do ...... PP 460.50625 ...... do ...... 44 ...... PP 460.5125 ...... do ...... 27 ...... PP 460.51875 ...... do ...... 44 ...... PP 460.525 ...... do ...... PP, PF, PM 460.53125 ...... do ...... 44 ...... PP, PF, PM 460.5375 ...... do ...... 27 ...... PP, PF, PM 460.54375 ...... do ...... 44 ...... PP, PF, PM 460.550 ...... do ...... PP, PF, PM 18866 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

460.55625 ...... do ...... 44 ...... PP, PF, PM 460.5625 ...... do ...... 27 ...... PP, PF, PM 460.56875 ...... do ...... 44 ...... PP, PF, PM 460.575 ...... do ...... PF 460.58125 ...... do ...... 44 ...... PF 460.5875 ...... do ...... 27 ...... PF 460.59375 ...... do ...... 44 ...... PF 460.600 ...... do ...... PF 460.60625 ...... do ...... 44 ...... PF 460.6125 ...... do ...... 27 ...... PF 460.61875 ...... do ...... 44 ...... PF 460.625 ...... do ...... PF 460.63125 ...... do ...... 44 ...... PF 460.6375 ...... do ...... 27 ...... PF 460.64375 ...... do ...... 44 ...... PF 462.9375 ...... Mobile ...... 57 ...... PS 462.950 ...... Base or mobile ...... 38, 65 ...... PM 462.95625 ...... do ...... 38, 44, 65 ...... PM 462.9625 ...... do ...... 27, 38, 65 ...... PM 462.96875 ...... do ...... 38, 44, 65 ...... PM 462.975 ...... do ...... 38, 65 ...... PM 462.98125 ...... do ...... 38, 44, 65 ...... PM 462.9875 ...... do ...... 27, 38, 65 ...... PM 462.99375 ...... do ...... 38, 44, 65 ...... PM 463.000 ...... do ...... 59, 66, 67 ...... PM 463.00625 ...... do ...... 44, 59, 66, 67 ...... PM 463.0125 ...... do ...... 27, 59, 66, 67 ...... PM 463.01875 ...... do ...... 44, 59, 66, 67 ...... PM 463.025 ...... do ...... 59, 66, 67 ...... PM 463.03125 ...... do ...... 44, 59, 66, 67 ...... PM 463.0375 ...... do ...... 27, 59, 66, 67 ...... PM 463.04375 ...... do ...... 44, 59, 66, 67 ...... PM 463.050 ...... do ...... 59, 66, 67 ...... PM 463.05625 ...... do ...... 44, 59, 66, 67 ...... PM 463.0625 ...... do ...... 27, 59, 66, 67 ...... PM 463.06875 ...... do ...... 44, 59, 66, 67 ...... PM 463.075 ...... do ...... 59, 66, 76 ...... PM 463.08125 ...... do ...... 44, 59, 66, 76 ...... PM 463.0875 ...... do ...... 27, 59, 66, 76 ...... PM 463.09375 ...... do ...... 44, 59, 66, 76 ...... PM 463.100 ...... do ...... 59, 66, 76 ...... PM 463.10625 ...... do ...... 44, 59, 66, 76 ...... PM 463.1125 ...... do ...... 27, 59, 66, 76 ...... PM 463.11875 ...... do ...... 44, 59, 66, 76 ...... PM 463.125 ...... do ...... 59, 66, 76 ...... PM 463.13125 ...... do ...... 44, 59, 66, 76 ...... PM 463.1375 ...... do ...... 27, 59, 66, 76 ...... PM 463.14375 ...... do ...... 44, 59, 66, 76 ...... PM 463.150 ...... do ...... 59, 66, 76 ...... PM 463.15625 ...... do ...... 44, 59, 66, 76 ...... PM 463.1625 ...... do ...... 27, 59, 66, 76 ...... PM 463.16875 ...... do ...... 44, 59, 66, 76 ...... PM 463.175 ...... do ...... 59, 66, 76 ...... PM 463.18125 ...... do ...... 44, 59, 66, 76 ...... PM 463.1875 ...... do ...... 27, 59, 66, 76 ...... PM 463.19375 ...... do ...... 44, 59, 66, 76 ...... PM 465.0125 ...... Mobile ...... 57 ...... PP 465.025 ...... do ...... PP 465.03125 ...... do ...... 44 ...... PP 465.0375 ...... do ...... 27 ...... PP 465.04375 ...... do ...... 44 ...... PP 465.050 ...... do ...... PP 465.05625 ...... do ...... 44 ...... PP 465.0625 ...... do ...... 27 ...... PP 465.06875 ...... do ...... 44 ...... PP 465.075 ...... do ...... PP 465.08125 ...... do ...... 44 ...... PP 465.0875 ...... do ...... 27 ...... PP 465.09375 ...... do ...... 44 ...... PP 465.100 ...... do ...... PP 465.10625 ...... do ...... 44 ...... PP 465.1125 ...... do ...... 27 ...... PP Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18867

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

465.11875 ...... do ...... 44 ...... PP 465.125 ...... do ...... PP 465.13125 ...... do ...... 44 ...... PP 465.1375 ...... do ...... 27 ...... PP 465.14375 ...... do ...... 44 ...... PP 465.150 ...... do ...... PP 465.15625 ...... do ...... 44 ...... PP 465.1625 ...... do ...... 27 ...... PP 465.16875 ...... do ...... 44 ...... PP 465.175 ...... do ...... PP 465.18125 ...... do ...... 44 ...... PP 465.1875 ...... do ...... 27 ...... PP 465.19375 ...... do ...... 44 ...... PP 465.200 ...... do ...... PP 465.20625 ...... do ...... 44 ...... PP 465.2125 ...... do ...... 27 ...... PP 465.21875 ...... do ...... 44 ...... PP 465.225 ...... do ...... PP 465.23125 ...... do ...... 44 ...... PP 465.2375 ...... do ...... 27 ...... PP 465.24375 ...... do ...... 44 ...... PP 465.250 ...... do ...... PP 465.25625 ...... do ...... 44 ...... PP 465.2625 ...... do ...... 27 ...... PP 465.26875 ...... do ...... 44 ...... PP 465.275 ...... do ...... PP 465.28125 ...... do ...... 44 ...... PP 465.2875 ...... do ...... 27 ...... PP 465.29375 ...... do ...... 44 ...... PP 465.300 ...... do ...... PP 465.30625 ...... do ...... 44 ...... PP 465.3125 ...... do ...... 27 ...... PP 465.31875 ...... do ...... 44 ...... PP 465.325 ...... do ...... PP 465.33125 ...... do ...... 44 ...... PP 465.3375 ...... do ...... 27 ...... PP 465.34375 ...... do ...... 44 ...... PP 465.350 ...... do ...... PP 465.35625 ...... do ...... 44 ...... PP 465.3625 ...... do ...... 27 ...... PP 465.36875 ...... do ...... 44 ...... PP 465.375 ...... do ...... PP 465.38125 ...... do ...... 44 ...... PP 465.3875 ...... do ...... 27 ...... PP 465.39375 ...... do ...... 44 ...... PP 465.400 ...... do ...... PP 465.40625 ...... do ...... 44 ...... PP 465.4125 ...... do ...... 27 ...... PP 465.41875 ...... do ...... 44 ...... PP 465.425 ...... do ...... PP 465.43125 ...... do ...... 44 ...... PP 465.4375 ...... do ...... 27 ...... PP 465.44375 ...... do ...... 44 ...... PP 465.450 ...... do ...... PP 465.45625 ...... do ...... 44 ...... PP 465.4625 ...... do ...... 27 ...... PP 465.46875 ...... do ...... 44 ...... PP 465.475 ...... do ...... PP 465.48125 ...... do ...... 44 ...... PP 465.4875 ...... do ...... 27 ...... PP 465.49375 ...... do ...... 44 ...... PP 465.500 ...... do ...... PP 465.50625 ...... do ...... 44 ...... PP 465.5125 ...... do ...... 27 ...... PP 465.51875 ...... do ...... 44 ...... PP 465.525 ...... do ...... PP, PF, PM 465.53125 ...... do ...... 44 ...... PP, PF, PM 465.5375 ...... do ...... 27 ...... PP, PF, PM 465.54375 ...... do ...... 44 ...... PP, PF, PM 465.550 ...... Base or mobile ...... PP, PF, PM 465.55625 ...... do ...... 44 ...... PP, PF, PM 465.5625 ...... do ...... 27 ...... PP, PF, PM 18868 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

PUBLIC SAFETY POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

465.56875 ...... do ...... 44 ...... PP, PF, PM 465.575 ...... Mobile ...... PF 465.58125 ...... do ...... 44 ...... PF 465.5875 ...... do ...... 27 ...... PF 465.59375 ...... do ...... 44 ...... PF 465.600 ...... do ...... PF 465.60625 ...... do ...... 44 ...... PF 465.6125 ...... do ...... 27 ...... PF 465.61875 ...... do ...... 44 ...... PF 465.625 ...... do ...... PF 465.63125 ...... do ...... 44 ...... PF 465.6375 ...... do ...... 27 ...... PF 465.64375 ...... do ...... 44 ...... PF 467.9375 ...... do ...... 57 ...... PS 467.950 ...... do ...... 38, 65 ...... PM 467.95625 ...... do ...... 38, 44, 65 ...... PM 467.9625 ...... do ...... 27, 38, 65 ...... PM 467.96875 ...... do ...... 38, 44, 65 ...... PM 467.975 ...... do ...... 38, 65 ...... PM 467.98125 ...... do ...... 38, 44, 65 ...... PM 467.9875 ...... do ...... 27, 38, 65 ...... PM 467.99375 ...... do ...... 38, 44, 65 ...... PM 468.000 ...... do ...... 59, 66, 67 ...... PM 468.00625 ...... do ...... 44, 59, 66, 67 ...... PM 468.0125 ...... do ...... 27, 59, 66, 67 ...... PM 468.01875 ...... do ...... 44, 59, 66, 67 ...... PM 468.025 ...... do ...... 59, 66, 67 ...... PM 468.03125 ...... do ...... 44, 59, 66, 67 ...... PM 468.0375 ...... do ...... 27, 59, 66, 67 ...... PM 468.04375 ...... do ...... 44, 59, 66, 67 ...... PM 468.050 ...... do ...... 59, 66, 67 ...... PM 468.05625 ...... do ...... 44, 59, 66, 67 ...... PM 468.0625 ...... do ...... 27, 59, 66, 67 ...... PM 468.06875 ...... do ...... 44, 59, 66, 67 ...... PM 468.075 ...... do ...... 59, 66, 76 ...... PM 468.08125 ...... do ...... 44, 59, 66, 76 ...... PM 468.0875 ...... do ...... 27, 59, 66, 76 ...... PM 468.09375 ...... do ...... 44, 59, 66, 76 ...... PM 468.100 ...... do ...... 59, 66, 76 ...... PM 468.10625 ...... do ...... 44, 59, 66, 76 ...... PM 468.1125 ...... do ...... 27, 59, 66, 76 ...... PM 468.11875 ...... do ...... 44, 59, 66, 76 ...... PM 468.125 ...... do ...... 59, 66, 76 ...... PM 468.13125 ...... do ...... 44, 59, 66, 76 ...... PM 468.1375 ...... do ...... 27, 59, 66, 76 ...... PM 468.14375 ...... do ...... 44, 59, 66, 76 ...... PM 468.150 ...... do ...... 59, 66, 76 ...... PM 468.15625 ...... do ...... 44, 59, 66, 76 ...... PM 468.1625 ...... do ...... 27, 59, 66, 76 ...... PM 468.16875 ...... do ...... 44, 59, 66, 76 ...... PM 468.175 ...... do ...... 59, 66, 76 ...... PM 468.18125 ...... do ...... 44, 59, 66, 76 ...... PM 468.1875 ...... do ...... 27, 59, 66, 76 ...... PM 468.19375 ...... do ...... 44, 59, 66, 76 ...... PM 470 to 512 ...... Base or mobile ...... 68 ...... PX 806 to 824 ...... Mobile ...... 69. 851 to 859 ...... Base or mobile ...... 69. 928 and above ...... Operational fixed ...... 70. 929 to 930 ...... Base only ...... 71. 1,427 to 1,435 ...... Operational fixed, base, or mobile ...... 72. 2,450 to 2,500 ...... Base or mobile ...... 73. 10,550 to 10,680 ...... do ...... 74.

(d) Explanation of assignment (2) The frequency is available for to use a maximum output power in limitations appearing in the frequency assignment only in accordance with a excess of the maximum indicated in table of paragraph (c)(3) of this section: geographical assignment plan. § 90.205 but not in excess of 7500 watts: (1) This frequency is available for use (3) Base stations operating on this Provided, That such operation is by Travelers’ Information Stations in frequency and rendering service to state secondary to other stations. accordance with § 90.242. police mobile units may be authorized Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18869

(4) The use of this frequency is on a available in the Industrial/Business Pool be authorized. Transmissions shall not secondary basis to any Canadian station. on a co-equal basis with the Public exceed two seconds duration. (5) In addition to base and mobile Safety licensees. (19) This frequency is reserved for stations, this frequency may be assigned (13) This frequency will be assigned assignment to stations in this service for to fixed stations on a secondary basis to only for one-way paging intersystem operations only and these base or mobile stations. Upon a showing communications to mobile receivers. operations must be primarily base- of need, the use of a second frequency Transmissions for the purpose of mobile communications. in the band 2505–3500 kHz may be activating or controlling remote objects (20) In the State of Alaska only, the made available to governmental entities on this frequency are not authorized. frequency 45.90 MHz is available for through appropriate arrangements with (14) The maximum output power of assignment on a primary basis to private Federal Government agencies for any transmitter authorized to operate on land mobile radio stations utilizing restricted area use on a shared basis this frequency, after June 1, 1956, shall meteor burst communications. The with maximum power output, emission, not exceed two watts. Licensees holding frequency may be used by common and hours of operation determined on a valid authorization as of June 1, 1956, carrier stations for meteor burst the basis of the technical conditions for base or mobile station operation on communications on a secondary, involved in using the selected frequency this frequency, with a power in excess noninterference basis. Usage shall be in in the particular area. of two watts, may continue to be accordance with part 22 of this chapter (6) Only the central governments of authorized for such operation without and part 90. Stations utilizing meteor the fifty individual States, the District of regard to this power limitation. burst communications shall not cause Columbia, and the insular areas of the (15) This frequency is reserved for harmful interference to stations of other Commonwealth of the Northern Mariana assignment to stations for intersystem radio services operating in accordance Islands, the Commonwealth of Puerto operations only: Provided, however, with the allocation table. Rico, and the unincorporated territories That licensees holding a valid (21) This frequency will be assigned of American Samoa, Guam and the authorization to use this frequency for only in accordance with a geographical United States Virgin Islands are eligible local base or mobile operations as of assignment plan and is reserved to be licensed to use this spectrum, and June 1, 1956, may continue to be primarily for assignment to Highway then only for disaster communications authorized for such use. maintenance systems operated by states. purposes. Licensees may not use this (16) This frequency is reserved The use of this frequency by other spectrum to provide operational primarily for assignment to state police Highway maintenance licensees will be communications circuits. See also, licensees. Assignments to other police authorized only where such use is § 90.264. licensees will be made only where the necessary to coordinate activities with (7) This frequency is shared with the frequency is required for coordinated the particular state to which the Industrial/Business Pool. operation with the state police system to frequency is assigned. Any request for (8) This frequency is available for which the frequency is assigned. Any such use must be supported by a assignment only in accordance with a request for such assignment must be statement from the state concerned. geographical assignment plan. This supported by a statement from the state (22) Notwithstanding the provisions frequency may be used for conservation police system concerned indicating that of paragraph (d)(21) of this section, this activities on a secondary basis to any the assignment is necessary for frequency may be used by any licensees station using the frequency for forest fire coordination of police activities. in the Public Safety Pool without a prevention, detection, and suppression. (17) In the State of Alaska only, the separate license for the purpose of (9) This frequency is reserved frequency 42.40 MHz is available for operating self-powered vehicle detectors primarily for assignment to state assignment on a primary basis to for traffic control and safety purposes, licensees. Assignments to other stations in the Common Carrier Rural on a secondary basis, in accordance licensees will be made only where the Radio Service utilizing meteor burst with § 90.269. frequency is required for coordinated communications. The frequency may be (23) Thus frequency is reserved for operation with the State system to used by private radio stations for meteor assignment only to national which the frequency is assigned. Any burst communications on a secondary, organizations eligible for disaster relief request for such assignment must be noninterference basis. Usage shall be in operations under paragraph (a)(2)(vii) of supported by a statement from the State accordance with part 22 of this chapter this section. system concerned, indicating that the or part 90. Stations utilizing meteor (24) Assignment and use of assignment is necessary for coordination burst communications shall not cause frequencies in the band 72–76 MHz are of activities. harmful interference to stations of other governed by § 90.257 for operational- (10) A licensee regularly conducting radio services operating in accordance fixed stations and by § 90.241 for two-way communication operations on with the allocation table. emergency call box operations. Specific this frequency may, on a secondary (18) No new licenses will be granted frequencies are listed at § 90.257(a)(1). basis, also transmit one-way alert-paging for one-way paging under § 90.487 for (25) This frequency is available to signals to ambulance and rescue squad use on this frequency after August 1, Public Safety Pool licensees for fire call personnel. 1980. This frequency is available to box operations on a shared basis in (11) The maximum output power of persons eligible for station licenses Industrial/Business Pool. All any transmitter authorized to operate on under the provisions of paragraph communications on this frequency must this frequency shall not exceed 10 watts. (a)(2)(v) of this section on a co-equal be conducted with persons or (12) This frequency is available in this basis with one-way paging users under organizations charged with specific fire service only to persons eligible under § 90.487 prior to August 1, 1985, and on protection responsibility. All operations the provisions of paragraph (a)(2)(v) of a primary basis after August 1, 1985. on this frequency are subject to the this section for operation of transmitters Only A1A, A1D, A2B, A2D, F1B, F1D, provisions of § 90.257(b). having a maximum power output of F2B, F2D, G1B, G1D, G2B, G2D (26) Assignment of frequencies in this three watts using A1A, A1D, A2B, A2D, emissions and power not exceeding 10 band are subject to the provisions of F1B, F1D, F2B, F2D, G1B, G1D, G2B, or watts will be authorized. Antennas § 90.173. Licensees as of August 18, G2D emission. This frequency is also having gain greater than 0 dBd will not 1995 who operate systems in the 150– 18870 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

170 MHz band that are 2.5 kHz removed (36) The maximum power output of (42) This frequency may not be from regularly assignable frequencies the transmitter may not exceed 50 watts assigned within 161 km (100 miles) of may continue to operate on a secondary, for fixed stations and 1 watt for mobile New Orleans (coordinates 29°56′53′′ N non-interference basis after August 1, stations. A1A, A1D, A2B, A2D, F1B, and 90°04′10′′ W). 2003. F1D, F2D, G1B, G1D, G2B, or G2D (43) This frequency is reserved for (27) This frequency will be assigned emission may be authorized. assignment for use in highway with an authorized bandwidth not to (37) Use of this frequency is limited maintenance systems operated by exceed 11.25 kHz. In the 450–470 MHz to stations located at least 120.7 km (75 licenses other than States. band, secondary telemetry operations miles) from the center of any urbanized (44) This frequency will be assigned pursuant to § 90.238(e) will be area of 200,000 or more population (U.S. with an authorized bandwidth not to authorized on this frequency. Census of Population 1970). Operation exceed 6 kHz. (28) This frequency is not available is on a secondary basis to licensees of (45) Operations on this frequency are for assignment in this service in Puerto the Industrial/Business Pool. limited to 30 watts transmitter output Rico or the Virgin Islands. (38) A licensee regularly conducting power. (29) This frequency is removed by two-way communications operations on (46) This frequency is shared with the 22.5 kHz from frequencies assigned to this frequency may, on a secondary Industrial/Business Pool in Puerto Rico other radio services. Utilization of this basis, also transmit one-way alert-paging and the Virgin Islands. frequency may result in, as well as be signals to ambulance and rescue squad (47) This frequency may be assigned subject to, interference under certain personnel. to stations in the Public Safety Pool, operating conditions. In considering the (39) In addition to other authorized only at points within 240 km. (150 mi.) use of this frequency, adjacent channel uses, the use of F1B, F1D, F2B or F2D of New York, N.Y. operations should be taken into emission is permitted on this frequency (48) Frequencies in this band will be consideration. If interference occurs, the for the operation of biomedical assigned for low power wireless licensee may be required to take the telemetry systems except in the microphones in accordance with the necessary steps to resolve the problem. following geographic locations: provisions of § 90.265. See § 90.173(b). (i) New York, N.Y.-Northeastern New (49) This frequency will be assigned (30) This frequency will be authorized Jersey; Los Angeles-Long Beach, Calif.; only to licensees directly responsible for a channel bandwidth of 25 kHz. Chicago, Ill.-Northwestern Indiana; the prevention, detection, and (31) The maximum output power of Philadelphia, Pa.-N.J.; Detroit, Mich.; suppression of forest fires, on a any transmitter authorized to operate on San Francisco-Oakland, Calif.; Boston, secondary basis to any U.S. Government this frequency shall not exceed 100 Mass.; Washington, D.C.-Md.-Va.; station. watts. Stations authorized prior to July Cleveland, Ohio; St. Louis, Mo.-Ill.; (50) This frequency will be assigned 15, 1992 for fixed operations will be Pittsburgh, Pa.; Minneapolis-St. Paul, for use only in areas west of the permitted to continue such operations, Minn.; Houston, Tex.; Baltimore, Md.; Mississippi River. but at a maximum transmitter power Dallas, Tex.; Milwaukee, Wis.; Seattle- (51) This frequency will be assigned output of 10 watts. Everett, Wash.; Miami, Fla.; San Diego, for use only in areas east of the (32) The maximum effective radiated Calif.; Atlanta, Ga.; Cincinnati, Ohio- Mississippi. power (ERP) may not exceed 20 watts Ky.; Kansas City, Mo.-Kans.; Buffalo, (52) In addition to agencies for fixed stations and 2 watts for mobile N.Y.; Denver, Colo.; San Jose, Calif.; responsible for forest fire prevention, stations. The height of the antenna New Orleans, La.; Phoenix, Ariz.; detection, and suppression, this system may not exceed 15.24 meters (50 Portland, Oreg.-Wash.; Indianapolis, frequency may be assigned to ft.) above ground. All such operation is Ind.; Providence-Pawtucket-Warwick, conservation agencies which do not on a secondary basis to adjacent channel R.I.-Mass.; Columbus, Ohio; San have forest fire responsibilities on a land mobile operations. Antonio, Tex.; Louisville, Ky.-Ind.; secondary basis to any U.S. Government (33) For FM transmitters, the sum of Dayton, Ohio; Forth Worth, Tex.; stations, Provided, That such the highest modulating frequency in Norfolk-Portsmouth, Va.; Memphis, assignment is necessary to permit Hertz and the amount of the frequency Tenn.-Miss.; Sacramento, Calif.; Fort mobile relay operation by such agencies. deviation or swing in Hertz may not Lauderdale-Hollywood, Fla.; Rochester, (53) This frequency is subject to the exceed 2800 Hz and the maximum N.Y.; Tampa-St. Petersburg, Fla; provisions of paragraph (e)(6) of this deviation may not exceed 2.5 kHz. For (ii) The continuous carrier mode of section. AM transmitters, the highest operation may be used for telemetry (54) For FM transmitters, the sum of modulation frequency may not exceed transmissions on this frequency for the highest modulating frequency in 2000 Hz. The carrier frequency must be periods up to two-minutes duration; hertz and the amount of the frequency maintained within .0005 percent of the following which there must be a break deviation or swing in hertz may not center of the frequency band, and the in the carrier for at least a one-minute exceed 1700 Hz and the maximum authorized bandwidth may not exceed 6 period; and deviation may not exceed 1.2 kHz. For kHz. (iii) Geographical coordinates for the AM transmitters, the highest modulating (34) This frequency is available on a above-listed urbanized areas may be frequency may not exceed 1200 Hz. The shared basis with the Industrial/ found at Table 1 of § 90.635. carrier frequency must be maintained Business Pool for remote control and (40) This frequency may be within .0005 percent of the center of the telemetry operations. designated by common consent as an frequency band, and the authorized (35) Operational fixed stations must intersystem mutual assistance frequency bandwidth may not exceed 3 kHz. employ directional antennas having a under an area-wide medical (55) Subpart T of this part contains front-to-back ratio of at least 20 dB. communications plan. rules for assignment of frequencies in Omnidirectional antennas having unity (41) This frequency is available the 220–222 MHz band. gain may be employed for stations nationwide for use in police emergency (56) The frequencies available for use communicating with at least three communications networks operated at fixed stations in this band and the receiving locations separated by 160 under statewide law enforcement requirements for assignment are set degrees of azimuth. emergency communications plans. forth in § 90.261. Operation on these Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18871 frequencies is secondary to stations in section will be assigned in a block for eligible in the Public Safety Pool may the Industrial/Business Pool where they shared operation under § 90.20(a)(1)(iii) use this frequency on a secondary basis are assigned for land mobile operations. or § 90.20(a)(2)(xiii) subject to the for any other permissible (57) This frequency is available for following: communications consistent with systems first licensed prior to August (i) For uniformity in usage, these § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii). 18, 1995. No new systems will be frequency pairs may be referred to by (68) Subpart L of this part contains authorized after August 18, 1995, but channel name as follows: rules for assignment of frequencies in prior authorized systems may be the 470–512 MHz band. modified, expanded, and renewed. Frequencies base (69) Subpart S of this part contains and mobile Mobile only Channel (58) This frequency is available for (megahertz) (MHz) name rules for assignment of frequencies in systems first licensed prior to March 31, the 806–824 MHz and 851–869 MHz 1980, for radio call box communications 463.000 ...... 468.000 MED±1 bands. related to safety on highways in 463.00625 ...... 468.00625 MED±11 (70) Assignment of frequencies above accordance with the provisions of 463.0125 ...... 468.0125 MED±12 928 MHz for operational-fixed stations § 90.241(c). No new systems will be 463.01875 ...... 468.01875 MED±13 is governed by part 94 of this chapter. authorized of this nature, but systems 463.025 ...... 468.025 MED±2 463.03125 ...... 468.03125 MED±21 (71) Frequencies in this band are authorized prior to March 31, 1980 may 463.0375 ...... 468.0375 MED±22 available only for one-way paging be modified, expanded, and renewed. 463.04375 ...... 468.04375 MED±23 operations in accordance with § 90.494. (59) The continuous carrier mode of 463.050 ...... 468.050 MED±3 (72) This frequency band is available operation may be used for telemetry 463.05625 ...... 468.05625 MED±31 to stations in this service subject to the transmission on this frequency. 463.0625 ...... 468.0625 MED±32 provisions of § 90.259. (60) Paging licensees as of March 20, 463.06875 ...... 468.06875 MED±33 (73) Available only on a shared basis 1991, may continue to operate on a 46.075 ...... 46.075 MED±4 463.08125 ...... 468.08125 MED±41 with stations in other services, and primary basis until January 14, 1998. subject to no protection from (61) Highway radio call box 463.0875 ...... 468.0875 MED±42 463.09375 ...... 468.09375 MED±43 interference due to the operation of operations first licensed prior to March 463.100 ...... 468.100 MED±5 industrial, scientific, or medical (ISM) 31, 1980 on this frequency may 463.10625 ...... 468.10625 MED±51 devices. In the 2483.5–2500 MHz band, continue to operate in accordance with 463.1125 ...... 468.1125 MED±52 no applications for new stations or paragraph (d)(58) of this section. 463.11875 ...... 468.11875 MED±53 modification to existing stations to (62) This frequency is also authorized 463.125 ...... 468.125 MED±6 increase the number of transmitters will for use for operations in biomedical 463.13125 ...... 468.13125 MED±61 463.1375 ...... 468.1375 MED±62 be accepted. Existing licensees as of July telemetry stations. FIB, FID, F2B, F2D, 25, 1985, or on a subsequent date F3E, G1B, G1D, G2B, G2D, and G3E 463.14375 ...... 468.14375 MED±63 463.150 ...... 468.150 MED±7 following as a result of submitting an emissions may be authorized for bio- 463.15625 ...... 468.15625 MED±71 application for license on or before July medical transmissions. 463.1625 ...... 468.1625 MED±72 25, 1985, are grandfathered and their (63) Available for medical services 463.16875 ...... 468.16875 MED±73 operation is co-primary with the mobile operations in the Public Safety 463.175 ...... 468.175 MED±8 Radiodetermination Satellite Service. Pool in accordance with paragraph 463.18125 ...... 468.18125 MED±81 (74) This band is available for Digital (d)(61) of this section. 463.1875 ...... 468.1875 MED±82 463.19375 ...... 468.19375 MED±83 Termination Systems and for associated (64) Use of this frequency is on a internodal links in the Point-to-Point secondary basis and subject to the (ii) Except as provided in paragraphs Microwave Radio Service. No new provisions of § 90.267 (a)(3), (a)(4), licenses will be issued under this (a)(5), and (a)(7). (d)(66) (iii) and (iv) of this section, mobile or portable stations must employ subpart but current licenses will be (65) This frequency is primarily renewed. authorized for use in the dispatch of equipment that is both wired and equipped to transmit/receive, (75) Appropriate frequencies in the medical care vehicles and personnel for band 2000–3000 kHz which are the rendition or delivery of medical respectively, on each of these MED frequency pairs with transmitters designated in part 80 of this chapter as services. This frequency may also be available to Public Ship Stations for assigned for intra-system and inter- operated on the 468 MHz frequencies. (iii) Portable (hand-held) units telephone communications with Public system mutual assistance purposes. For Coast Stations may be assigned on a uniformity in usage these frequency operated with a maximum output power of 2.5 watts are exempted from the secondary basis to fixed Stations in the pairs may be referred to by channel Public Safety Pool for communication name as follows: multi-channel equipment requirements specified in paragraph (d)(66)(ii) of this with Public Coast Stations only, Frequencies base section. provided such stations are located in the Mobile only Channel (iv) Stations located in areas above United States and the following and mobile (MHz) name (megahertz) line A, as defined in § 90.7 will be conditions are met: required to meet multi-channel (i) That such fixed station is 462.950 ...... 467.950 MED±9 equipment requirements only for those established pursuant to the eligibility 462.95625 ...... 467.95625 MED±91 frequencies up to the number specified provisions of (§ 90.47) and that the 462.9625 ...... 467.9625 MED±92 462.96875 ...... 467.96875 MED±93 in paragraph (d)(66)(ii) of this section isolated area involved is an island or 462.975 ...... 467.975 MED±10 that have been assigned and coordinated other location not more than 480 km 462.98125 ...... 467.98125 MED±101 with Canada in accordance with the (300 statute miles) removed from the 462.9875 ...... 467.9875 MED±102 applicable U.S.-Canada agreement. desired; 462.99375 ...... 467.99375 MED±103 (67) This frequency is authorized for (ii) That evidence is submitted use only for operations in biomedical showing that an arrangement has been (66) For applications for new radio telemetry stations. F1B, F1D, F2B, F2D, made with the coast station licensee for systems, the thirty-two frequency pairs F3E, G1B, G1D, G2B, G2D and G3E the handling of emergency listed in paragraph (d)(66)(i) of this emissions may be authorized. Entities communications permitted by § 80.453 18872 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations of this chapter and § 90.20(a)(2)(x)(C); the transmitter must comply with all of (v) The transmitter output power shall and the following requirements. not exceed a mean power of 30 mW nor (iii) That operation of the Public (i) In accordance with § 90.203 and shall any peak exceed 1 watt peak Safety fixed station shall at no time § 2.803 of this chapter, the transmitter power, as measured into a 50 ohm conflict with any provision of part 80 of must be of a type which has been type resistive load. Should the transmitter be this chapter and further, that such accepted by the Commission. supplied with a permanently attached operation in general shall conform to (ii) The carrier frequency shall be antenna or should the transmitter and the practices employed by Public Ship within the bands listed below and must antenna combination be contained in a Stations for radiotelephone be maintained within 0.005 percent of sealed unit, the following standard may communication with the same Public the frequency of operation. Use on be used in lieu of the above: the field Coast Station. assigned channel center frequencies is strength of the fundamental signal of the (76) This frequency is authorized only not required. transmitter and antenna combination for communications between medical 30.85–30.87 MHz shall not exceed 0.4 V/m mean or 2.3 facilities vehicles and personnel related 30.89–30.91 MHz V/m peak when measured at a distance to medical supervision and instruction 30.93–30.95 MHz of 3 meters. for the treatment and transport of 30.97–30.99 MHz (vi) The transmitter shall contain patients in the rendition or delivery of 31.01–31.03 MHz positive means to limit the transmission medical services. F1B, F1D, F2B, F2D, 31.05–31.07 MHz time to no more than 10 days. In the G1B, G1D, G2B, F3E and G3E emissions 31.09–31.11 MHz event of a malfunction of this positive are authorized. Public Safety entities 31.13–31.15 MHz means, the transmitter signal shall may use this frequency on a secondary 31.17–31.19 MHz cease. The use of battery life to basis for any other permissible 31.21–31.23 MHz accomplish the transmission time communications consistent with 31.25–31.27 MHz limitation is permissible. 31.29–31.31 MHz (6) The frequency 173.075 MHz is § 90.20(a)(1)(iii) or § 90.20(a)(2)(xiii). 31.33–31.35 MHz (e) Additional frequencies available. 31.37–31.39 MHz available for stolen vehicle recovery In addition to the frequencies shown in 31.41–31.43 MHz systems on a shared basis with the the frequency table of this section, the 31.45–31.47 MHz Federal Government. Stolen vehicle following frequencies are available in 31.49–31.51 MHz recovery systems are limited to this service. (See also § 90.253.) 31.53–31.55 MHz recovering stolen vehicles and are not (1) Substitution of frequencies 31.57–31.59 MHz authorized for general purpose vehicle available below 25 MHz may be made 31.61–31.63 MHz tracking or monitoring. Mobile in accordance with the provisions of 31.65–31.67 MHz transmitters operating on this frequency § 90.263. 31.69–31.71 MHz are limited to 2.5 watts power output (2) Frequencies in the band 73.0–74.6 31.73–31.75 MHz and base transmitters are limited 300 31.77–31.79 MHz MHz may be assigned to stations 31.81–31.83 MHz watts ERP. F1D and F2D emissions may authorized their use on or before 31.85–31.87 MHz be used within a maximum authorized December 1, 1961, but no new stations 31.89–31.91 MHz 20 kHz bandwidth. Transmissions from will be authorized in this band, nor will 31.93–31.95 MHz mobiles shall be limited to 200 expansion of existing systems be 31.97–32.00 MHz milliseconds every 10 seconds, except permitted. See also § 90.257. 33.00–33.03 MHz that when a vehicle is being tracked (3) The frequency bands 31.99 to 33.05–33.07 MHz actively, transmissions may be 32.00 MHz, 33.00 to 33.01 MHz, 33.99 33.41–34.00 MHz increased to 200 milliseconds every to 34.00 MHz, 37.93 to 38.00 MHz, 37.00–37.43 MHz second. Transmissions from base 39.00 to 39.01 MHz, 39.99 to 40.00 MHz 37.89–38.00 MHz 39.00–40.00 MHz stations will be limited to a total time and 42.00 to 42.01 MHz, are available 42.00–42.91 MHz of 1 second every minute. Applications for assignment for developmental 44.61–45.91 MHz for base stations operating on this operation subject to the provisions of 45.93–45.95 MHz frequency shall require coordination subpart Q of this part. 45.97–45.99 MHz with the Federal Government. (4) Frequencies in the 421–430 MHz 46.01–46.03 MHz Applicants shall perform an analysis for band are available in the Detroit, 46.05–46.60 MHz each base station located within 169 km Cleveland, and Buffalo areas in 47.00–47.41 MHz (105 miles) of a TV channel 7 accordance with the rules in §§ 90.273 150.995–151.490 MHz transmitter of potential interference to through 90.281. 153.740–154.445 MHz 154.635–155.195 MHz TV channel 7 viewers. Such stations (5) A Police licensee may use will be authorized if the applicant has transmitters on the frequencies 155.415–156.250 MHz 158.715–159.465 MHz limited the interference contour to fewer indicated below in connection with 453.0125–453.9875 MHz than 100 residences or if the applicant: official police activities without specific 458.0125–458.9875 MHz (i) Shows that the proposed site is the authorization from the Commission, 460.0125–460.5125 MHz only suitable location; provided that such use shall be on a 460.5625–460.6375 MHz (ii) Develops a plan to control any secondary basis and shall not cause 462.9375–462.9875 MHz interference caused to TV reception harmful interference to services of other 465.0125–465.5125 MHz from the operations; and licensees operating on regularly 465.5625–465.6375 MHz (iii) Agrees to make such adjustments assigned frequencies, and further 467.9375–467.9875 MHz in the TV receivers affected as may be provided that all such use complies (iii) The emitted signal shall be non- necessary to eliminate interference with the requirements of Federal, State voice modulation (type PO emission). caused by its operations. The licensee and local laws. The provisions of (iv) The maximum occupied must eliminate any interference caused § 90.429 shall not apply to transmitters bandwidth, containing 99 percent of the by its operation to TV channel 7 authorized under this paragraph. To be radiated power, shall not exceed 2.0 reception within 30 days of the time it eligible for operations in this manner, kHz. is notified in writing by the Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18873

Commission. If this interference is not frequencies between 37 and 952 MHz, 31.41 to 31.43 removed within the 30-day period, providing that they are type accepted by 31.45 to 31.47 operation of the base station must be the Commission under the provisions of 31.49 to 31.51 discontinued. The licensee is expected § 2.803 of this chapter and § 90.203, and 31.53 to 31.55 to help resolve all complaints of 31.57 to 31.59 meet the following conditions: 31.61 to 31.63 interference. (i) Frequency hopping transmitters 31.65 to 31.67 (f) Limitation on number of can be operated, with a maximum 31.69 to 31.71 frequencies assignable. Normally only output power of 2 watts, on any Public 31.73 to 31.75 two frequencies or pairs of frequencies Safety Pool frequency between 37 and 31.77 to 31.79 in the paired frequency mode of 952 MHz listed in paragraph (c)(3) of 31.81 to 31.83 operation will be assigned for mobile this section. At least 20 hopping 31.85 to 31.87 service operations by a single applicant frequencies shall be used and the 31.89 to 31.91 in a given area. The assignment of an average time of occupancy on any 31.93 to 31.95 31.97 to 31.99 additional frequency or pair of frequency shall not be greater than 1⁄10 frequencies will be made only upon a 44.63 to 44.65 second in every 2 seconds; 44.67 to 44.69 satisfactory showing of need, except (ii) Use of spread spectrum 44.71 to 44.73 that: transmitters under paragraph (f)(4) of 44.75 to 44.77 (1) Additional frequencies above 25 this section is subject to approval by the 44.79 to 44.81 MHz may be assigned in connection applicable frequency coordinator of the 44.83 to 44.85 with the operation of mobile repeaters radio services of the district in which 44.87 to 44.89 in accordance with § 90.247 the license and equipment are to be 44.91 to 44.93 notwithstanding this limitation; used; and 44.95 to 44.97 (2) The frequency 39.06 MHz may be (iii) The use of direct sequence spread 44.99 to 45.01 assigned notwithstanding this spectrum equipment is also permitted. 45.03 to 45.05 limitation; 151.145 to 151.475 Equipment must meet the technical 159.225 to 159.465 (3) Frequencies in the 25–50 MHz, standards of § 15.247 of this chapter. 150–170 MHz, 450–512 MHz and 902– (6) In addition to the frequencies (ii) The emitted signal shall be non- 928 MHz bands may be assigned for the assigned for mobile service operation, voice modulation (A1D, A2D, F1D, or operation of Location and Monitoring one base station frequency above 152 F2D emission). Service (LMS) systems in accordance MHz may be assigned as a common (iii) The maximum occupied with the provisions of subpart M of this frequency to all licensees in a particular bandwidth, containing 99 percent of the part, notwithstanding this limitation; area to permit intersystem radiated power, shall not exceed 0.25 (4) A licensee of a radio station in the communication between base stations or kHz. Public Safety Radio Pool may operate mobile stations or both. This frequency (iv) The transmitter output power radio units for the purpose of use will not be authorized in any area shall not exceed a mean power of 5 mW determining distance, direction, speed, where all available frequencies are or position by means of a radiolocation nor shall any peak exceed 100 mW peak required for independent systems. power, as measured into a permanently device on any frequency available for (7) A licensee may use, without a radiolocation purposes without specific attached antenna; or if the transmitter specific authorization from the and antenna combination are contained authorization from the Commission, Commission, transmitters on the provided type accepted equipment or in a sealed unit, the field strength of the frequencies indicated below in fundamental signal of the transmitter equipment authorized pursuant to connection with wildlife tracking and/ §§ 90.203(b)(4) and (5) is used and all and antenna combination shall not or telemetry and in connection with exceed 0.29 V/m mean or 1.28 V/m peak other rule requirements are satisfied; official forestry-conservation activities, and when measured at a distance of 3 provided that such use shall be on a meters. (5) A Police licensee may use, without secondary basis and shall not cause special authorization from the (v) The requirements of § 90.175 harmful interference to services of other regarding frequency coordination apply. Commission, any mobile service licensees operating on regularly frequency between 40 and 952 MHz, (8) An additional frequency may be assigned frequencies. The provisions of assigned for paging operations from listed in paragraph (c)(3) of this section, § 90.203, § 90.425, and § 90.429 shall for communications in connection with those frequencies available under not apply to transmitters complying paragraph (d)(13) of this section. physical surveillance, stakeouts, raids, with this paragraph. To be eligible for and other such activities. Such use shall (9) The frequency 155.340 MHz may operations in this manner, the be assigned as an additional frequency be on a secondary basis to operations of transmitter must comply with all of the licensees regularly authorized on the when it is designated as a mutual following requirements. assistance frequency as provided in assigned frequencies. The maximum (i) The carrier frequency shall be paragraph (d)(40) of this section. output power that may be used for such within the bands listed below. The communications is 2 watts. carrier frequency must be maintained (10) Additional frequencies may be Transmitters, operating under this within 0.005 percent of the frequency of assigned for fixed station operations. provision of the rules, shall be operation. (11) The assignment of an additional exempted from the station identification Use on assigned channel center frequency or frequencies may be requirements of § 90.425. Use of frequencies is not required. authorized notwithstanding this frequencies not designated by a ‘‘PP’’ in limitation for common, intra-county, the coordinator column of the frequency (MHz) intra-fire-district, or intrastate fire 31.17 to 31.19 table in paragraph (c)(3) of this section, 31.21 to 31.23 coordination operations. The frequency is conditional on the approval of the 31.25 to 31.27 or frequencies requested must be in coordinator corresponding to each 31.29 to 31.31 accordance with a frequency utilization frequency. Spread spectrum transmitters 31.33 to 31.35 plan, for the area involved, on file with may be operated on Public Safety Pool 31.37 to 31.39 the Commission. 18874 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

§ 90.22 Paging operations. Paging operations on other frequencies Such paging operations may be renewed Paging operations may be authorized authorized before August 15, 1974, may indefinitely on a secondary basis to in this service only on frequencies be continued only if they do not cause regular operations, except within 125 assigned under the provisions of harmful interference to regular kilometers (75 mi.) of the following §§ 90.20(d) (10), (13), (60), and (72). operations on the same frequencies. urbanized areas:

North West Urbanized area latitude longitude

New York, NY-Northeastern NJ ...... 40±45±06 73±59±39 Los Angeles-Long Beach, CA ...... 34±03±15 118±14±28 Chicago, IL ...... 41±52±28 87±38±22 Philadelphia, PA±NJ ...... 39±56±58 75±09±21 Detroit, MI ...... 42±19±48 83±02±57 San Francisco-Oakland, CA ...... 37±46±39 122±24±40 Boston, MA ...... 42±21±24 71±03±25 Washington, DC±MD±VA ...... 38±53±51 77±00±33 Cleveland, OH ...... 41±29±51 81±41±50 St Louis, MO±IL ...... 38±37±45 90±12±22 Pittsburgh, PA ...... 40±26±19 80±00±00 Minneapolis-St Paul, MN ...... 44±58±57 93±15±43 Houston, TX ...... 29±45±26 95±21±37 Baltimore, MD ...... 39±17±26 76±36±45 Dallas, TX ...... 32±47±09 96±47±37 Milwaukee, WI ...... 43±02±19 87±54±15 Seattle-Everett, WA ...... 47±36±32 122±20±12 Miami, FL ...... 25±46±37 80±11±32 San Diego, CA ...... 32±42±53 117±09±21 Atlanta, GA ...... 33±45±10 84±23±37 Cincinnati, OH±KY ...... 39±06±07 84±30±35 Kansas City, MO±KS ...... 39±04±56 94±35±20 Buffalo, NY ...... 42±52±52 78±52±21 Denver, CO ...... 39±44±58 104±59±22 San Jose, CA ...... 37±20±16 121±53±24 Tampa-St Petersburg, FL ...... 27±51±48 82±33±11 Phoenix, AZ ...... 33±41±10 111±31±15

10. Subpart C is revised to read as nonprofit radiocommunication service (2) The operation of educational, follows: to its parent corporation, to another philanthropic, or ecclesiastical Subpart CÐIndustrial/Business Radio Pool subsidiary of the same parent, or to its institutions; own subsidiary. This corporate (3) Clergy activities; or Sec. 90.31 Scope. eligibility is not subject to the (4) The operation of hospitals, clinics, 90.33 General eligibility. cooperative use provision of § 90.179. or medical associations. 90.35 Industrial/Business Pool. (b) Eligibility is also provided for a (b) Industrial/Business Pool nonprofit corporation or association that frequencies. Subpart CÐIndustrial/Business Radio is organized for the purpose of (1) The following table indicates Pool furnishing a radiocommunications frequencies available for assignment to Industrial/Business Pool stations, § 90.31 Scope. service to persons who meet the together with the class of station(s) to eligibility requirements of the The Industrial/Business Radio Pool which they are normally assigned, the Industrial/Business Pool. Such use is covers the licensing of the radio specific assignment limitations which subject to the cooperative use provisions communications of entities engaged in are explained in paragraph (b) of this commercial activities, engaged in clergy of § 90.179. section, and the certified frequency activities, operating educational, § 90.35 Industrial/Business Pool. coordinator for each frequency: philanthropic, or ecclesiastical (2)(i) The letter symbol(s) listed in the institutions, or operating hospitals, (a) Eligibility. Persons primarily Coordinator column of the frequency clinics, or medical associations. Rules as engaged in any of the following table in paragraph (a)(3) of this section to eligibility for licensing, frequencies activities are eligible to hold specifies the frequency coordinator(s) available, permissible communications authorizations in the Industrial/ for each frequency as follows: and classes and number of stations, and Business Pool to provide commercial IP—Petroleum Coordinator any special requirements are set forth in mobile radio service as defined in part IW—Power Coordinator the following sections. 20 of this chapter or to operate stations LR—Railroad Coordinator § 90.33 General eligibility. for transmission of communications necessary to such activities of the (ii) Frequencies without any (a) In addition to the eligibility shown licensee: coordinator specified may be in the Industrial/Business Pool, coordinated by any coordinator certified eligibility is also provided for any (1) The operation of a commercial in the Industrial/Business Pool. corporation proposing to furnish activity; (3) Frequencies. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18875

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLE

Frequency or band Class of station(s) Limitations Coordinator

Kilohertz: 1614 ...... Base or mobile ...... 1, 2, 3, 4 ...... IP 1628 ...... do ...... 5. 1652 ...... do ...... 5. 1676 ...... do ...... 5. 1700 ...... do ...... 5. 2000 to 25,000 ...... Fixed, base or mobile ...... 1. 2292 ...... Base or mobile ...... 5. 2398 ...... do ...... 5, 7. 4637.5 ...... do ...... 5, 7. Megahertz: 25.02 ...... do ...... 3, 4 ...... IP 25.04 ...... do ...... 8 ...... IP 25.06 ...... do ...... 3, 4 ...... IP 25.08 ...... do ...... 8, 9 ...... IP 25.10 ...... do ...... 3, 4, 9 ...... IP 25.12 ...... do ...... IP 25.14 ...... do ...... 3, 4 ...... IP 25.16 ...... do ...... IP 25.18 ...... do ...... 3, 4 ...... IP 25.20 ...... do ...... IP 25.22 ...... do ...... 4, 7 ...... IP 25.24 ...... do ...... IP 25.26 ...... do ...... 4, 7 ...... IP 25.28 ...... do ...... IP 25.30 ...... do ...... 4, 7 ...... IP 25.32 ...... do ...... IP 27.43 ...... do. 27.45 ...... do. 27.47 ...... do. 27.49 ...... do ...... 10. 27.51 ...... Mobile ...... 11. 27.53 ...... do ...... 11. 29.71 ...... Base or mobile 29.73 ...... do. 29.75 ...... do. 29.77 ...... do. 29.79 ...... do. 30.58 ...... do. 30.60 ...... do. 30.62 ...... do. 30.64 ...... do. 30.66 ...... do. 30.68 ...... do. 30.70 ...... do ...... 4, 7 ...... IP 30.72 ...... do. 30.74 ...... do. 30.76 ...... do. 30.78 ...... do 4, 7 ...... IP 30.80 ...... do. 30.82 ...... do. 30.84 ...... Mobile ...... 11, 12. 30.86 ...... Base or mobile ...... 13 30.88 ...... do. 30.90 ...... do ...... 13. 30.92 ...... do. 30.94 ...... do ...... 13. 30.96 ...... do. 30.98 ...... do ...... 13. 31.00 ...... do. 31.02 ...... do ...... 13. 31.04 ...... do. 31.06 ...... do ...... 13. 31.08 ...... do. 31.10 ...... do ...... 13. 31.12 ...... do. 31.14 ...... do ...... 13. 31.16 ...... do. 31.20 ...... do. 31.24 ...... do. 31.28 ...... do. 31.32 ...... do. 18876 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

31.36 ...... do. 31.40 ...... do. 31.44 ...... do. 31.48 ...... do. 31.52 ...... do. 31.56 ...... do. 31.60 ...... do. 31.64 ...... do. 31.68 ...... do. 31.72 ...... do. 31.76 ...... do. 31.80 ...... do. 31.84 ...... do. 31.88 ...... do. 31.92 ...... do. 31.96 ...... do. 33.12 ...... do ...... 11. 33.14 ...... Mobile ...... 11, 12. 33.16 ...... Base or mobile 33.18 ...... do ...... IP 33.20 ...... do ...... IP 33.22 ...... do ...... IP 33.24 ...... do ...... IP 33.26 ...... do ...... IP 33.28 ...... do ...... IP 33.30 ...... do ...... IP 33.32 ...... do ...... IP 33.34 ...... do ...... IP 33.36 ...... do ...... IP 33.38 ...... do ...... IP 33.40 ...... Mobile ...... 12, 14. 35.02 ...... do ...... 11, 12, 13. 35.04 ...... Base or Mobile ...... 10. 35.06 ...... do. 35.08 ...... do. 35.10 ...... do. 35.12 ...... do. 35.14 ...... do. 35.16 ...... do. 35.18 ...... do. 35.28 ...... do. 35.32 ...... do. 35.36 ...... do. 35.40 ...... do. 35.44 ...... do. 35.48 ...... do. 35.48 ...... do. 35.52 ...... do. 35.70 ...... do. 35.72 ...... do. 35.74 ...... do. 35.76 ...... do. 35.78 ...... do. 35.80 ...... do. 35.82 ...... do. 35.84 ...... do. 35.86 ...... do. 35.88 ...... do. 35.90 ...... do. 35.92 ...... do. 35.94 ...... do. 35.96 ...... do. 35.98 ...... do. 36.25 ...... do ...... 15 ...... IP 37.44 ...... do. 37.46 ...... do ...... IW 37.48 ...... do ...... IW 37.50 ...... do ...... IW 37.52 ...... do ...... IW 37.54 ...... do ...... IW 37.56 ...... do ...... IW 37.58 ...... do ...... IW Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18877

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

37.60 ...... Base, mobile, or operational fixed ...... 16 ...... IW 37.62 ...... Base or mobile ...... IW 37.64 ...... do ...... IW 37.66 ...... do ...... IW 37.68 ...... do ...... IW 37.70 ...... do ...... IW 37.72 ...... do ...... IW 37.74 ...... do ...... IW 37.76 ...... do ...... IW 37.78 ...... do ...... IW 37.80 ...... do ...... IW 37.82 ...... do ...... IW 37.84 ...... Base, mobile, or operational fixed ...... 16 ...... IW 37.86 ...... Base or mobile ...... IW 37.88 ...... do. 41.71 ...... do ...... 15 ...... IP 42.96 ...... do. 42.98 ...... Mobile ...... 11, 12. 43.00 ...... Base or mobile 43.02 ...... do. 43.04 ...... do ...... 17. 43.06 ...... do. 43.08 ...... do. 43.10 ...... do. 43.12 ...... do. 43.14 ...... do. 43.16 ...... Mobile. 43.18 ...... Base or mobile. 43.28 ...... do. 43.32 ...... do. 43.36 ...... do. 43.40 ...... do. 43.44 ...... do. 43.48 ...... do. 43.52 ...... do. 43.70 ...... do. 43.72 ...... do ...... 18. 43.74 ...... do ...... 18. 43.76 ...... do. 43.78 ...... do. 43.80 ...... do. 43.82 ...... do ...... 18. 43.84 ...... do ...... 18. 43.86 ...... do ...... 19. 43.88 ...... do ...... 19. 43.90 ...... do ...... 19. 43.92 ...... do ...... 18, 19. 43.94 ...... do ...... 19. 43.96 ...... do ...... 18. 43.98 ...... do. 44.00 ...... do. 44.02 ...... do. 44.04 ...... do. 44.06 ...... do. 44.08 ...... do. 44.10 ...... do ...... 20. 44.12 ...... do ...... 18. 44.14 ...... do. 44.16 ...... do ...... 18. 44.18 ...... do ...... 18. 44.20 ...... do ...... 18, 21. 44.22 ...... do. 44.24 ...... do. 44.26 ...... do. 44.28 ...... do. 44.30 ...... do. 44.32 ...... do ...... 18. 44.34 ...... do. 44.36 ...... do ...... 18, 19. 44.38 ...... do ...... 19. 44.40 ...... do ...... 18, 19. 44.42 ...... do ...... 19. 18878 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

44.44 ...... do ...... 19. 44.46 ...... do ...... 18. 44.48 ...... do ...... 18. 44.50 ...... do. 44.52 ...... do. 44.54 ...... do. 44.56 ...... do. 44.58 ...... do. 44.60 ...... do. 47.44 ...... do. 47.48 ...... do. 47.52 ...... do. 47.56 ...... do. 47.60 ...... do. 47.64 ...... do. 47.68 ...... do. 47.70 ...... do ...... IW 47.72 ...... do ...... IW 47.74 ...... do ...... IW 47.76 ...... do ...... IW 47.78 ...... do ...... IW 47.80 ...... do ...... IW 47.82 ...... do ...... IW 47.84 ...... do ...... IW 47.86 ...... do ...... IW 47.88 ...... do ...... IW 47.90 ...... do ...... IW 47.92 ...... do ...... IW 47.94 ...... do ...... IW 47.96 ...... do ...... IW 47.98 ...... do ...... IW 48.00 ...... do ...... IW 48.02 ...... do ...... IW 48.04 ...... do ...... IW 48.06 ...... do ...... IW 48.08 ...... do ...... IW 48.10 ...... do ...... IW 48.12 ...... do ...... IW 48.14 ...... do ...... IW 48.16 ...... do ...... IW 48.18 ...... do ...... IW 48.20 ...... do ...... IW 48.22 ...... do ...... IW 48.24 ...... do ...... IW 48.26 ...... do ...... IW 48.28 ...... do ...... IW 48.30 ...... do ...... IW 48.32 ...... do ...... IW 48.34 ...... do ...... IW 48.36 ...... do ...... IW 48.38 ...... do ...... IW 48.40 ...... do ...... IW 48.42 ...... do ...... IW 48.44 ...... do ...... IW 48.46 ...... do ...... IW 48.48 ...... do ...... IW 48.50 ...... do ...... IW 48.52 ...... do ...... IW 48.54 ...... do ...... IW 48.56 ...... do. 48.58 ...... do. 48.60 ...... do. 48.62 ...... do. 48.64 ...... do. 48.66 ...... do. 48.68 ...... do. 48.70 ...... do. 48.72 ...... do. 48.74 ...... do. 48.76 ...... do ...... 18. 48.78 ...... do. 48.80 ...... do. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18879

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

48.82 ...... do. 48.84 ...... do ...... 18. 48.86 ...... do ...... 18. 48.88 ...... do. 48.90 ...... do. 48.92 ...... do ...... 18. 48.94 ...... do. 48.96 ...... do. 48.98 ...... do. 49.00 ...... do. 49.02 ...... do ...... 18. 49.04 ...... do. 49.06 ...... do. 49.08 ...... do ...... 18. 49.10 ...... do ...... 18. 49.12 ...... do. 49.14 ...... do. 49.16 ...... do ...... 18. 49.18 ...... do. 49.20 ...... do ...... 18. 49.22 ...... do. 49.24 ...... do ...... 18. 49.26 ...... do ...... 18. 49.28 ...... do ...... 18. 49.30 ...... do. 49.32 ...... do. 49.34 ...... do. 49.36 ...... do ...... 18. 49.38 ...... do. 49.40 ...... do ...... 18. 49.42 ...... do. 49.44 ...... do. 49.46 ...... do ...... 18. 49.48 ...... do. 49.50 ...... do ...... 18. 49.52 ...... do. 49.54 ...... do. 49.56 ...... do. 49.58 ...... do. 72 to 76 ...... Operational fixed ...... 22. 72.02 ...... Mobile ...... 23, 24. 72.04 ...... do ...... 23, 24. 72.06 ...... do ...... 23, 24. 72.08 ...... do ...... 23, 24, 25. 72.10 ...... do ...... 23, 24. 72.12 ...... do ...... 23, 24. 72.14 ...... do ...... 23, 24. 72.16 ...... do ...... 23, 24, 25. 72.18 ...... do ...... 23, 24. 72.20 ...... do ...... 23, 24. 72.22 ...... do ...... 23, 24. 72.24 ...... do ...... 23, 24, 25. 72.26 ...... do ...... 23, 24. 72.28 ...... do ...... 23, 24. 72.30 ...... do ...... 23, 24. 72.32 ...... do ...... 23, 24, 25. 72.34 ...... do ...... 23, 24. 72.36 ...... do ...... 23, 24. 72.38 ...... do ...... 23, 24. 72.40 ...... do ...... 23, 24, 25. 72.44 ...... do ...... 13, 24, 77. 72.48 ...... do ...... 13, 24, 77. 72.52 ...... do ...... 13, 24, 77. 72.56 ...... do ...... 13, 24, 77. 72.60 ...... do ...... 13, 24, 77. 74.61 ...... do ...... 26, 77. 74.63 ...... do ...... 26, 77. 74.65 ...... do ...... 26, 77. 74.67 ...... do ...... 26, 77. 74.69 ...... do ...... 26, 77. 74.71 ...... do ...... 26, 77. 74.73 ...... do ...... 26, 77. 18880 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

74.75 ...... do ...... 26, 77. 74.77 ...... do ...... 26, 77. 74.79 ...... do ...... 26, 77. 75.21 ...... do ...... 26, 77. 75.23 ...... do ...... 26, 77. 75.25 ...... do ...... 26, 77. 75.27 ...... do ...... 26, 77. 75.29 ...... do ...... 26, 77. 75.31 ...... do ...... 26, 77. 75.33 ...... do ...... 26, 77. 75.35 ...... do ...... 26, 77. 75.37 ...... do ...... 26, 77. 75.39 ...... do ...... 26, 77. 75.44 ...... do ...... 13, 24, 77. 75.48 ...... do ...... 13, 24, 77. 75.52 ...... do ...... 13, 24, 77. 75.56 ...... do ...... 13, 24, 77. 75.60 ...... do ...... 13, 24, 77. 150 to 170 ...... Base or mobile ...... 27. 150.815 ...... do. 150.830 ...... do ...... 28, 29. 150.845 ...... do.. 150.8525 ...... do ...... 30. 150.860 ...... do. 150.8675 ...... do ...... 30. 150.875 ...... do. 150.8825 ...... do ...... 30. 150.890 ...... do. 150.8975 ...... do ...... 30. 150.905 ...... do. 150.920 ...... do ...... 28, 29. 150.935 ...... do. 150.9425 ...... do ...... 30. 150.950 ...... do. 150.9575 ...... do ...... 30. 150.965 ...... do. 150.9725 ...... do ...... 30. 150.980 ...... do ...... 8 ...... IP 150.9875 ...... do ...... 8, 30 ...... IP 150.995 ...... do ...... 31. 151.0025 ...... do ...... 30, 31. 151.010 ...... do ...... 31. 151.0175 ...... do ...... 30, 31. 151.025 ...... do ...... 31. 151.0325 ...... do ...... 30, 31. 151.040 ...... do ...... 31. 151.0475 ...... do ...... 30, 31. 151.055 ...... do ...... 31. 151.070 ...... Base ...... 28, 29, 31. 151.085 ...... Base or mobile ...... 31. 151.0925 ...... do ...... 30, 31. 151.100 ...... do ...... 31. 151.1075 ...... do ...... 30, 31. 151.115 ...... do ...... 31. 151.1225 ...... do ...... 30, 31. 151.130 ...... do ...... 31. 151.1375 ...... do ...... 30, 31. 151.145 ...... do ...... 31. 151.1525 ...... do ...... 30, 31. 151.160 ...... do ...... 31. 151.1675 ...... do ...... 30, 31. 151.175 ...... do ...... 31. 151.190 ...... Base ...... 28, 29, 31. 151.205 ...... Base or mobile ...... 31. 151.2125 ...... do ...... 30, 31. 151.220 ...... do ...... 31. 151.2275 ...... do ...... 30, 31. 151.235 ...... do ...... 31. 151.2425 ...... do ...... 30, 31. 151.250 ...... do ...... 31. 151.2575 ...... do ...... 30, 31. 151.265 ...... do ...... 31. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18881

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

151.2725 ...... do ...... 30, 31. 151.280 ...... do ...... 31. 151.2875 ...... do ...... 30, 31. 151.295 ...... do ...... 31. 151.310 ...... Base ...... 28, 29, 31. 151.325 ...... Base or mobile ...... 31. 151.3325 ...... do ...... 30, 31. 151.340 ...... do ...... 31. 151.3475 ...... do ...... 30, 31. 151.355 ...... do ...... 31. 151.3625 ...... do ...... 30, 31. 151.370 ...... do ...... 31. 151.3775 ...... do ...... 30, 31. 151.385 ...... do ...... 31. 151.3925 ...... do ...... 30, 31. 151.400 ...... do ...... 31. 151.4075 ...... do ...... 30, 31. 151.415 ...... do ...... 31. 151.4225 ...... do ...... 30, 31. 151.430 ...... do ...... 31. 151.4375 ...... do ...... 30, 31. 151.445 ...... do ...... 31. 151.4525 ...... do ...... 30, 31. 151.460 ...... do ...... 31. 151.4675 ...... do ...... 30, 31. 151.475 ...... do ...... 31. 151.4825 ...... do ...... 30, 31. 151.490 ...... do ...... 32. 151.4975 ...... do ...... 30, 32. 151.505 ...... do ...... 17. 151.5125 ...... do ...... 17, 30. 151.520 ...... do. 151.5275 ...... do ...... 30. 151.535 ...... do. 151.5425 ...... do ...... 30. 151.550 ...... do. 151.5575 ...... do ...... 30. 151.565 ...... do. 151.5725 ...... do ...... 30. 151.580 ...... do. 151.5875 ...... do ...... 30. 151.595 ...... do. 151.6025 ...... do ...... 30. 151.625 ...... do ...... 10. 151.640 ...... do ...... 10, 33. 151.6475 ...... do ...... 30. 151.655 ...... do. 151.6625 ...... do ...... 30. 151.670 ...... do ...... 30. 151.6775 ...... do ...... 30. 151.685 ...... do. 151.700 ...... do ...... 10, 30, 34. 151.715 ...... do. 151.7225 ...... do ...... 30. 151.730 ...... do ...... 30. 151.7375 ...... do ...... 30. 151.745 ...... do. 151.760 ...... do ...... 10, 30, 34. 151.775 ...... do. 151.7825 ...... do ...... 30. 151.790 ...... do ...... 30. 151.7975 ...... do ...... 30. 151.805 ...... do. 151.820 ...... Mobile ...... 12, 14, 30, 35. 151.835 ...... Base or mobile. 151.8425 ...... do ...... 30. 151.850 ...... do ...... 30. 151.8575 ...... do ...... 30. 151.865 ...... do. 151.880 ...... Mobile ...... 12, 14, 30, 35. 151.895 ...... Base or mobile. 151.9025 ...... do ...... 30. 18882 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

151.910 ...... do ...... 30. 151.9175 ...... do ...... 30. 151.925 ...... do. 151.940 ...... Mobile ...... 12, 14, 30, 35. 151.955 ...... Base or Mobile. 151.9625 ...... do ...... 30. 151.970 ...... do ...... 30. 151.9775 ...... do ...... 30. 151.985 ...... do. 152.2625 ...... do ...... 33. 152.270 ...... do ...... 6. 152.2775 ...... do ...... 6, 30. 152.285 ...... do ...... 6. 152.2925 ...... do ...... 6, 30. 152.300 ...... do ...... 6. 152.3075 ...... do ...... 6, 30. 152.315 ...... do ...... 6. 152.3225 ...... do ...... 6, 30. 152.330 ...... do ...... 6. 152.3375 ...... do ...... 6, 30. 152.345 ...... do ...... 6. 152.3525 ...... do ...... 6, 30. 152.360 ...... do ...... 6. 152.3675 ...... do ...... 6, 30. 152.375 ...... do ...... 6. 152.3825 ...... do ...... 6, 30. 152.390 ...... do ...... 6. 152.3975 ...... do ...... 6, 30. 152.405 ...... do ...... 6. 152.4125 ...... do ...... 6, 30. 152.420 ...... do ...... 6. 152.4275 ...... do ...... 6, 30. 152.435 ...... do ...... 6. 152.4425 ...... do ...... 6, 30. 152.450 ...... do ...... 6. 152.4575 ...... do ...... 6, 30. 152.465 ...... do ...... 6. 152.480 ...... do ...... 29, 36, 37, 38. 152.8625 ...... do ...... 33. 152.870 ...... do ...... 6. 152.8775 ...... do ...... 30. 152.885 ...... do. 152.8925 ...... do ...... 30. 152.900 ...... do. 152.9075 ...... do ...... 30. 152.915 ...... do. 152.9225 ...... do ...... 30. 152.930 ...... do. 152.9375 ...... do ...... 30. 152.945 ...... do. 152.9525 ...... do ...... 30. 152.960 ...... do. 152.9675 ...... do ...... 30. 152.975 ...... do. 152.9825 ...... do ...... 30. 152.990 ...... do. 152.9975 ...... do ...... 30. 153.005 ...... do. 153.0125 ...... do ...... 30. 153.020 ...... do. 153.0275 ...... do ...... 30. 153.035 ...... do. 153.0425 ...... do ...... 30. 153.050 ...... do ...... 4, 7. 153.0575 ...... do ...... 4, 7, 30. 153.065 ...... do. 153.0725 ...... do ...... 30. 153.080 ...... do ...... 4, 7. 153.0875 ...... do ...... 4, 7, 30. 153.095 ...... do. 153.1025 ...... do ...... 30. 153.110 ...... do ...... 4, 7. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18883

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

153.1175 ...... do ...... 4, 7, 30. 153.125 ...... do. 153.1325 ...... do ...... 30. 153.140 ...... do ...... 4, 7. 153.1475 ...... do ...... 4, 7, 30. 153.155 ...... do. 153.1625 ...... do ...... 30. 153.170 ...... do ...... 4, 7. 153.1775 ...... do ...... 4, 7, 30. 153.185 ...... do. 153.1925 ...... do ...... 30. 153.200 ...... do ...... 4, 7. 153.2075 ...... do ...... 4, 7, 30. 153.215 ...... do. 153.2225 ...... do ...... 30. 153.230 ...... do ...... 4, 7. 153.2375 ...... do ...... 4, 7, 30. 153.245 ...... do. 153.2525 ...... do ...... 30. 153.260 ...... do ...... 4, 7. 153.2675 ...... do ...... 4, 7, 30. 153.275 ...... do. 153.2825 ...... do ...... 30. 153.290 ...... do ...... 4, 7. 153.2975 ...... do ...... 4, 7, 30. 153.305 ...... do. 153.3125 ...... do ...... 30. 153.320 ...... do ...... 4, 7. 153.3275 ...... do ...... 4, 7, 30. 153.335 ...... do. 153.3425 ...... do ...... 30. 153.350 ...... do ...... 4, 7. 153.3575 ...... do ...... 4, 7, 30. 153.365 ...... do. 153.3725 ...... do ...... 30. 153.380 ...... do. 153.3875 ...... do ...... 30. 153.395 ...... do. 153.4025 ...... do ...... 30. 153.410 ...... do ...... IW 153.4175 ...... do ...... 30 ...... IW 153.425 ...... do. 153.4325 ...... do ...... 30. 153.440 ...... do. 153.4475 ...... do ...... 30. 153.455 ...... do. 153.4625 ...... do ...... 30. 153.470 ...... do ...... IW 153.4775 ...... do ...... 30 IW 153.485 ...... do. 153.4925 ...... do ...... 30. 153.500 ...... do. 153.5075 ...... do ...... 30. 153.515 ...... do. 153.5225 ...... do ...... 30. 153.530 ...... do ...... IW 153.5375 ...... do ...... 30 ...... IW 153.545 ...... do. 153.5525 ...... do ...... 30. 153.560 ...... do. 153.5675 ...... do ...... 30. 153.575 ...... do. 153.5825 ...... do ...... 30. 153.590 ...... do ...... IW 153.5975 ...... do ...... 30 ...... IW 153.605 ...... do. 153.6125 ...... do ...... 30. 153.620 ...... do. 153.6275 ...... do ...... 30. 153.635 ...... do. 153.6425 ...... do ...... 30. 153.650 ...... do ...... IW 18884 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

153.6575 ...... do ...... 30 ...... IW 153.665 ...... do. 153.6725 ...... do ...... 30. 153.680 ...... do. 153.6875 ...... do ...... 30. 153.695 ...... do ...... IW 153.7025 ...... do ...... 30 ...... IW 153.710 ...... do ...... IW 153.7175 ...... do ...... 30 ...... IW 153.725 ...... do ...... IW 153.7325 ...... do ...... 30 ...... IW 154.45625 ...... Fixed or mobile ...... 39, 40, 41, 42. 154.46375 ...... do 39, 40, 43. 154.47125 ...... do 39, 40, 41, 44. 154.47875 ...... do 39, 40, 41, 42. 154.4825 ...... Base or mobile ...... 30. 154.490 ...... do. 154.4975 ...... do ...... 30. 154.505 ...... do ...... 30. 154.515 ...... do. 154.5275 ...... Mobile ...... 10, 30, 34. 154.540 ...... Base or mobile. 154.5475 ...... do ...... 30. 154.555 ...... do ...... 33. 154.570 ...... Mobile ...... 11, 12, 35, 45. 154.585 ...... do ...... 8, 46 ...... IP 154.600 ...... do ...... 11, 12, 45, 47. 154.610 ...... Base or mobile ...... 33. 154.625 ...... do ...... 36, 37, 48. 154.640 ...... Base ...... 30, 36, 37, 48. 157.470 ...... Base or mobile ...... 12. 157.4775 ...... do ...... 12, 30. 157.485 ...... do ...... 12. 157.4925 ...... do ...... 12, 30. 157.500 ...... do ...... 12. 157.5075 ...... do ...... 12, 30. 157.515 ...... do ...... 12. 157.5225 ...... do ...... 12, 30. 157.530 ...... Mobile ...... 6. 157.5375 ...... do 6, 30. 157.545 ...... do 6. 157.5525 ...... do 6, 30. 157.560 ...... Base or mobile ...... 6. 157.5675 ...... do ...... 6, 30. 157.575 ...... Mobile ...... 6. 157.5825 ...... do ...... 6, 30. 157.590 ...... do ...... 6. 157.5975 ...... do ...... 6, 30. 157.605 ...... do ...... 6. 157.6125 ...... do ...... 6, 30. 157.620 ...... Base or mobile ...... 6. 157.6275 ...... do ...... 6, 30. 157.635 ...... Mobile ...... 6. 157.6425 ...... do ...... 6, 30. 157.650 ...... do ...... 6. 157.6575 ...... do ...... 6, 30. 157.665 ...... do ...... 6. 157.6725 ...... do ...... 6, 30. 157.680 ...... do ...... 6. 157.6875 ...... do ...... 6, 30. 157.695 ...... do ...... 6. 157.7025 ...... do ...... 6, 30. 157.710 ...... do ...... 6. 157.7175 ...... do ...... 6, 30. 157.725 ...... Base or mobile ...... 6. 157.740 ...... do ...... 29, 36, 37, 38. 158.1225 ...... do ...... l33 ...... IW 158.130 ...... do ...... IW 158.1375 ...... do ...... 30 ...... IW 158.145 ...... do. 158.1525 ...... do ...... 30. 158.160 ...... do. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18885

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

158.1675 ...... do ...... 30. 158.175 ...... do. 158.1825 ...... do ...... 30. 158.190 ...... do ...... IW 158.1975 ...... do ...... 30 ...... IW 158.205 ...... do. 158.2125 ...... do ...... 30. 158.220 ...... do. 158.2275 ...... do ...... 30. 158.235 ...... do. 158.2425 ...... do ...... 30. 158.250 ...... do ...... IW 158.2575 ...... do ...... 30 ...... IW 158.265 ...... do. 158.2725 ...... do ...... 30. 158.280 ...... do. 158.2875 ...... do ...... 30. 158.295 ...... do. 158.3025 ...... do ...... 30. 158.310 ...... do ...... 4, 7. 158.3175 ...... do ...... 4, 7, 30. 158.325 ...... do. 158.3325 ...... do ...... 30. 158.340 ...... Mobile. 158.3475 ...... do ...... 30. 158.355 ...... Base or mobile. 158.3625 ...... do ...... 30. 158.370 ...... do ...... 4, 7. 158.3775 ...... do ...... 4, 7, 30. 158.385 ...... do. 158.3925 ...... do ...... 30. 158.400 ...... do ...... 17. 158.4075 ...... do ...... 17, 30. 158.415 ...... do. 158.4225 ...... do ...... 30. 158.430 ...... do ...... 4, 7. 158.4375 ...... do ...... 4, 7, 30. 158.445 ...... Mobile ...... 8, 49 ...... IP 158.460 ...... Base or mobile ...... 29, 36, 37, 38, 48. 159.480 ...... do ...... 8. IP 159.4875 ...... do ...... 8, 30. IP 159.495 ...... do. 159.5025 ...... do ...... 30. 159.510 ...... do. 159.5175 ...... do ...... 30. 159.525 ...... do. 159.5325 ...... do ...... 30. 159.540 ...... do. 159.5475 ...... do ...... 30. 159.555 ...... do. 159.5625 ...... do ...... 30. 159.570 ...... do. 159.5775 ...... do ...... 30. 159.585 ...... do. 159.5925 ...... do ...... 30. 159.600 ...... do. 159.6075 ...... do ...... 30. 159.615 ...... do. 159.6225 ...... do ...... 30. 159.630 ...... do. 159.6375 ...... do ...... 30. 159.645 ...... do. 159.6525 ...... do ...... 30. 159.660 ...... do. 159.6675 ...... do ...... 30. 159.675 ...... do. 159.6825 ...... do ...... 30. 159.690 ...... do. 159.6975 ...... do ...... 30. 159.705 ...... do. 159.7125 ...... do ...... 30. 159.720 ...... do. 18886 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

159.7275 ...... do ...... 30. 159.735 ...... do. 159.7425 ...... do ...... 30. 159.750 ...... do. 159.7575 ...... do ...... 30. 159.765 ...... do. 159.7725 ...... do ...... 30. 159.780 ...... do. 159.7875 ...... do ...... 30. 159.795 ...... do. 159.8025 ...... do ...... 30. 159.810 ...... do. 159.8175 ...... do ...... 30. 159.825 ...... do. 159.8325 ...... do ...... 30. 159.840 ...... do. 159.8475 ...... do ...... 30. 159.855 ...... do. 159.8625 ...... do ...... 30. 159.870 ...... do. 159.8775 ...... do ...... 30. 159.885 ...... do. 159.8925 ...... do ...... 30. 159.900 ...... do. 159.9075 ...... do ...... 30. 159.915 ...... do. 159.9225 ...... do ...... 30. 159.930 ...... do. 159.9375 ...... do ...... 30. 159.945 ...... do. 159.9525 ...... do ...... 30. 159.960 ...... do. 159.9675 ...... do ...... 30. 159.975 ...... do. 159.9825 ...... do ...... 30. 159.990 ...... do. 159.9975 ...... do ...... 30. 160.005 ...... do. 160.0125 ...... do ...... 30. 160.020 ...... do. 160.0275 ...... do ...... 30. 160.035 ...... do. 160.0425 ...... do ...... 30. 160.050 ...... do. 160.0575 ...... do ...... 30. 160.065 ...... do. 160.0725 ...... do ...... 30. 160.080 ...... do. 160.0875 ...... do ...... 30. 160.095 ...... do. 160.1025 ...... do ...... 30. 160.110 ...... do. 160.1175 ...... do ...... 30. 160.125 ...... do. 160.1325 ...... do ...... 30. 160.140 ...... do. 160.1475 ...... do ...... 30. 160.155 ...... do. 160.1625 ...... do ...... 30. 160.170 ...... do. 160.1775 ...... do ...... 30. 160.185 ...... do. 160.1925 ...... do ...... 30. 160.200 ...... do. 160.2075 ...... do ...... 30. 160.215 ...... do ...... 50 ...... LR 160.2225 ...... do ...... 30, 50 ...... LR 160.230 ...... do ...... 50 ...... LR 160.2375 ...... do ...... 30, 50 ...... LR 160.245 ...... do ...... 50 ...... LR 160.2525 ...... do ...... 30, 50 ...... LR 160.260 ...... do ...... 50 ...... LR Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18887

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

160.2675 ...... do ...... 30, 50 ...... LR 160.275 ...... do ...... 50 ...... LR 160.2825 ...... do ...... 30, 50 ...... LR 160.290 ...... do ...... 50 ...... LR 160.2975 ...... do ...... 30, 50 ...... LR 160.305 ...... do ...... 50 ...... LR 160.3125 ...... do ...... 30, 50 ...... LR 160.320 ...... do ...... 50 ...... LR 160.3275 ...... do ...... 30, 50 ...... LR 160.335 ...... do ...... 50 ...... LR 160.3425 ...... do ...... 30, 50 ...... LR 160.350 ...... do ...... 50 ...... LR 160.3575 ...... do ...... 30, 50 ...... LR 160.365 ...... do ...... 50 ...... LR 160.3725 ...... do ...... 30, 50 ...... LR 160.380 ...... do ...... 50 ...... LR 160.3875 ...... do ...... 30, 50 ...... LR 160.395 ...... do ...... 50 ...... LR 160.4025 ...... do ...... 30, 50 ...... LR 160.410 ...... do ...... 50, 52 ...... LR 160.4175 ...... do ...... 30, 50, 52 ...... LR 160.425 ...... do ...... 50, 52 ...... LR 160.4325 ...... do ...... 30, 50, 52 ...... LR 160.440 ...... do ...... 50, 52 ...... LR 160.4475 ...... do ...... 30, 50, 52 ...... LR 160.455 ...... do ...... 50, 52 ...... LR 160.4625 ...... do ...... 30, 50, 52 ...... LR 160.470 ...... do ...... 50, 52 ...... LR 160.4775 ...... do ...... 30, 50, 52 ...... LR 160.485 ...... do ...... 50, 52 ...... LR 160.4925 ...... do ...... 30, 50, 52 ...... LR 160.500 ...... do ...... 50, 52 ...... LR 160.5075 ...... do ...... 30, 50, 52 ...... LR 160.515 ...... do ...... 50, 52 ...... LR 160.5225 ...... do ...... 30, 50, 52 ...... LR 160.530 ...... do ...... 50, 52 ...... LR 160.5375 ...... do ...... 30, 50, 52 ...... LR 160.545 ...... do ...... 50, 52 ...... LR 160.5525 ...... do ...... 30, 50, 52 ...... LR 160.560 ...... do ...... 50, 52 ...... LR 160.5675 ...... do ...... 30, 50, 52 ...... LR 160.575 ...... do ...... 50, 52 ...... LR 160.5825 ...... do ...... 30, 50, 52 ...... LR 160.590 ...... do ...... 50, 52 ...... LR 160.5975 ...... do ...... 30, 50, 52 ...... LR 160.605 ...... do ...... 50, 52 ...... LR 160.6125 ...... do ...... 30, 50, 52 ...... LR 160.620 ...... do ...... 50 ...... LR 160.6275 ...... do ...... 30, 50 ...... LR 160.635 ...... do ...... 50 ...... LR 160.6425 ...... do ...... 30, 50 ...... LR 160.650 ...... do ...... 50 ...... LR 160.6575 ...... do ...... 30, 50 ...... LR 160.665 ...... do ...... 50 ...... LR 160.6725 ...... do ...... 30, 50 ...... LR 160.680 ...... do ...... 50 ...... LR 160.6875 ...... do ...... 30, 50 ...... LR 160.695 ...... do ...... 50 ...... LR 160.7025 ...... do ...... 30, 50 ...... LR 160.710 ...... do ...... 50 ...... LR 160.7175 ...... do ...... 30, 50 ...... LR 160.725 ...... do ...... 50 ...... LR 160.7325 ...... do ...... 30, 50 ...... LR 160.740 ...... do ...... 50 ...... LR 160.7475 ...... do ...... 30, 50 ...... LR 160.755 ...... do ...... 50 ...... LR 160.7625 ...... do ...... 30, 50 ...... LR 160.770 ...... do ...... 50 ...... LR 160.7775 ...... do ...... 30, 50 ...... LR 160.785 ...... do ...... 50 ...... LR 160.7925 ...... do ...... 30, 50 ...... LR 160.800 ...... do ...... 50 ...... LR 18888 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

160.8075 ...... do ...... 30, 50 ...... LR 160.815 ...... do ...... 50 ...... LR 160.8225 ...... do ...... 30, 50 ...... LR 160.830 ...... do ...... 50 ...... LR 160.8375 ...... do ...... 30, 50 ...... LR 160.845 ...... do ...... 50 ...... LR 160.8525 ...... do ...... 30, 50 ...... LR 160.860 ...... do ...... 50, 51 ...... LR 160.8675 ...... do ...... 30, 50, 51 ...... LR 160.875 ...... do ...... 50, 51 ...... LR 160.8825 ...... do ...... 30, 50, 51 ...... LR 160.890 ...... do ...... 50, 51 ...... LR 160.8975 ...... do ...... 30, 50, 51 ...... LR 160.905 ...... do ...... 50, 51 ...... LR 160.9125 ...... do ...... 30, 50, 51 ...... LR 160.920 ...... do ...... 50, 51 ...... LR 160.9275 ...... do ...... 30, 50, 51 ...... LR 160.935 ...... do ...... 50, 51 ...... LR 160.9425 ...... do ...... 30, 50, 51 ...... LR 160.950 ...... do ...... 50, 51 ...... LR 160.9575 ...... do ...... 30, 50, 51 ...... LR 160.965 ...... do ...... 50, 51 ...... LR 160.9725 ...... do ...... 30, 50, 51 ...... LR 160.980 ...... do ...... 50, 51 ...... LR 160.9875 ...... do ...... 30, 50, 51 ...... LR 160.995 ...... do ...... 50, 51 ...... LR 161.0025 ...... do ...... 30, 50, 51 ...... LR 161.010 ...... do ...... 50, 51 ...... LR 161.0175 ...... do ...... 30, 50, 51 ...... LR 161.025 ...... do ...... 50, 51 ...... LR 161.0325 ...... do ...... 30, 50, 51 ...... LR 161.040 ...... do ...... 50, 51 ...... LR 161.0475 ...... do ...... 30, 50, 51 ...... LR 161.055 ...... do ...... 50, 51 ...... LR 161.0625 ...... do ...... 30, 50, 51 ...... LR 161.070 ...... do ...... 50, 51 ...... LR 161.0775 ...... do ...... 30, 50, 51 ...... LR 161.085 ...... do ...... 50, 51 ...... LR 161.0925 ...... do ...... 30, 50, 51 ...... LR 161.100 ...... do ...... 50, 51 ...... LR 161.1075 ...... do ...... 30, 50, 51 ...... LR 161.115 ...... do ...... 50, 51 ...... LR 161.1225 ...... do ...... 30, 50, 51 ...... LR 161.130 ...... do ...... 50, 51 ...... LR 161.1375 ...... do ...... 30, 50, 51 ...... LR 161.145 ...... do ...... 50, 51 ...... LR 161.1525 ...... do ...... 30, 50, 51 ...... LR 161.160 ...... do ...... 50, 51 ...... LR 161.1675 ...... do ...... 30, 50, 51 ...... LR 161.175 ...... do ...... 50, 51 ...... LR 161.1825 ...... do ...... 30, 50, 51 ...... LR 161.190 ...... do ...... 50, 51 ...... LR 161.1975 ...... do ...... 30, 50, 51 ...... LR 161.205 ...... do ...... 50, 51 ...... LR 161.2125 ...... do ...... 30, 50, 51 ...... LR 161.220 ...... do ...... 50, 51 ...... LR 161.2275 ...... do ...... 30, 50, 51 ...... LR 161.235 ...... do ...... 50, 51 ...... LR 161.2425 ...... do ...... 30, 50, 51 ...... LR 161.250 ...... do ...... 50, 51 ...... LR 161.2575 ...... do ...... 30, 50, 51 ...... LR 161.265 ...... do ...... 50, 51 ...... LR 161.2725 ...... do ...... 30, 50, 51 ...... LR 161.280 ...... do ...... 50, 51 ...... LR 161.2875 ...... do ...... 30, 50, 51 ...... LR 161.295 ...... do ...... 50, 51 ...... LR 161.3025 ...... do ...... 30, 50, 51 ...... LR 161.310 ...... do ...... 50, 51 ...... LR 161.3175 ...... do ...... 30, 50, 51 ...... LR 161.325 ...... do ...... 50, 51 ...... LR 161.3325 ...... do ...... 30, 50, 51 ...... LR 161.340 ...... do ...... 50, 51 ...... LR Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18889

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

161.3475 ...... do ...... 30, 50, 51 ...... LR 161.355 ...... do ...... 50, 51 ...... LR 161.3625 ...... do ...... 30, 50, 51 ...... LR 161.370 ...... do ...... 50, 51 ...... LR 161.3775 ...... do ...... 30, 50, 51 ...... LR 161.385 ...... do ...... 50, 52 ...... LR 161.3925 ...... do ...... 30, 50, 52 ...... LR 161.400 ...... do ...... 50, 52 ...... LR 161.4075 ...... do ...... 30, 50, 52 ...... LR 161.415 ...... do ...... 50, 52 ...... LR 161.4225 ...... do ...... 30, 50, 52 ...... LR 161.430 ...... do ...... 50, 52 ...... LR 161.4375 ...... do ...... 30, 50, 52 ...... LR 161.445 ...... do ...... 50, 52 ...... LR 161.4525 ...... do ...... 30, 50, 52 ...... LR 161.460 ...... do ...... 50, 52 ...... LR 161.4675 ...... do ...... 30, 50, 52 ...... LR 161.475 ...... do ...... 50, 52 ...... LR 161.4825 ...... do ...... 30, 50, 52 ...... LR 161.490 ...... do ...... 50, 52 ...... LR 161.4975 ...... do ...... 30, 50, 52 ...... LR 161.505 ...... do ...... 50, 52 ...... LR 161.5125 ...... do ...... 30, 50, 52 ...... LR 161.520 ...... do ...... 50, 52 ...... LR 161.5275 ...... do ...... 30, 50, 52 ...... LR 161.535 ...... do ...... 50, 52 ...... LR 161.5425 ...... do ...... 30, 50, 52 ...... LR 161.550 ...... do ...... 50, 52 ...... LR 161.5575 ...... do ...... 30, 50, 52 ...... LR 161.565 ...... do ...... 50, 52 ...... LR 161.610 ...... do ...... 78 ...... LR 169 to 172 ...... Mobile, operational fixed ...... 53. 173.20375 ...... Fixed or mobile ...... 39, 40, 41, 44. 173.210 ...... do ...... 40, 41, 44, 54. 173.225 ...... Base or mobile. 173.2375 ...... Fixed or mobile ...... 39, 40, 41, 42. 173.250 ...... Base or mobile 173.2625 ...... Fixed or mobile ...... 39, 40, 41, 42. 173.275 ...... Base or mobile. 173.2875 ...... Fixed or mobile ...... 39, 40, 41, 42. 173.300 ...... Base or mobile. 173.3125 ...... Fixed or mobile ...... 39, 40, 41, 42. 173.325 ...... Base or mobile. 173.3375 ...... Fixed or mobile ...... 39, 40, 41, 42. 173.350 ...... Base or mobile. 173.3625 ...... Fixed or mobile ...... 39, 40, 41, 42. 173.375 ...... Base or mobile. 173.390 ...... Fixed or mobile ...... 40, 41, 44, 54. 173.39625 ...... do ...... 39, 40, 41, 42. 216 to 220 ...... Base or mobile ...... 55. 220 to 222 ...... Base and mobile ...... 56. 406 to 413 ...... Operational fixed ...... 53. 450 to 470 ...... Fixed, base, or mobile ...... 27, 57. 451.01875 ...... Base or mobile ...... l33 ...... IW 451.025 ...... do ...... IW 451.03125 ...... do ...... 33 ...... IW 451.0375 ...... do ...... 30 ...... IW 451.04375 ...... do ...... 33 ...... IW 451.050 ...... do ...... IW 451.05625 ...... do ...... 33 ...... IW 451.0625 ...... do ...... 30 ...... IW 451.06875 ...... do ...... 33 ...... IW 451.075 ...... do ...... IW 451.08125 ...... do ...... 33 ...... IW 451.0875 ...... do ...... 30 ...... IW 451.09375 ...... do ...... 33 ...... IW 451.100 ...... do ...... IW 451.10625 ...... do ...... 33 ...... IW 451.1125 ...... do ...... 30 ...... IW 451.11875 ...... do ...... 33 ...... IW 451.125 ...... do ...... IW 451.13125 ...... do ...... 33 ...... IW 18890 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

451.1375 ...... do ...... 30 ...... IW 451.14375 ...... do ...... 33 ...... IW 451.150 ...... do ...... IW 451.15625 ...... do ...... 33 ...... IW 451.1625 ...... do ...... 30 ...... IW 451.16875 ...... do ...... 33 ...... IW 451.175 ...... do. 451.18125 ...... do ...... 33. 451.1875 ...... do ...... 30. 451.19375 ...... do ...... 33. 451.200 ...... do ...... IW 451.20625 ...... do ...... 33 ...... IW 451.2125 ...... do ...... 30 ...... IW 451.21875 ...... do ...... 33 ...... IW 451.225 ...... do. 451.23125 ...... do ...... 33. 451.2375 ...... do ...... 30. 451.24375 ...... do ...... 33. 451.250 ...... do ...... IW 451.25625 ...... do ...... 33 ...... IW 451.2625 ...... do ...... 30 ...... IW 451.26875 ...... do ...... 33 ...... IW 451.275 ...... do. 451.28125 ...... do ...... 33. 451.2875 ...... do ...... 30. 451.29375 ...... do ...... 33. 451.300 ...... do. 451.30625 ...... do ...... 33. 451.3125 ...... do ...... 30. 451.31875 ...... do ...... 33. 451.325 ...... do. 451.33125 ...... do ...... 33. 451.3375 ...... do ...... 30. 451.34375 ...... do ...... 33. 451.350 ...... do. 451.35625 ...... do ...... 33. 451.3625 ...... do ...... 30. 451.36875 ...... do ...... 33. 451.375 ...... do. 451.38125 ...... do ...... 33. 451.3875 ...... do ...... 30. 451.39375 ...... do ...... 33. 451.400 ...... do. 451.40625 ...... do ...... 33. 451.4125 ...... do ...... 30. 451.41875 ...... do ...... 33. 451.425 ...... do. 451.43125 ...... do ...... 33. 451.4375 ...... do ...... 30. 451.44375 ...... do ...... 33. 451.450 ...... do. 451.45625 ...... do ...... 33. 451.4625 ...... do ...... 30. 451.46875 ...... do ...... 33. 451.475 ...... do. 451.48125 ...... do ...... 33. 451.4875 ...... do ...... 30. 451.49375 ...... do ...... 33. 451.500 ...... do. 451.50625 ...... do ...... 33. 451.5125 ...... do ...... 30. 451.51875 ...... do ...... 33. 451.525 ...... do. 451.53125 ...... do ...... 33. 451.5375 ...... do ...... 30. 451.54375 ...... do ...... 33. 451.550 ...... do ...... 4, 7. 451.55625 ...... do ...... 4, 7, 33. 451.5625 ...... do ...... 4, 7, 30. 451.56875 ...... do ...... 4, 7, 33. 451.575 ...... do. 451.58125 ...... do ...... 33. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18891

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

451.5875 ...... do ...... 30. 451.59375 ...... do ...... 33. 451.600 ...... do ...... 4, 7. 451.60625 ...... do ...... 4, 7, 33. 451.6125 ...... do ...... 4, 7, 30. 451.61875 ...... do ...... 4, 7, 33. 451.625 ...... do. 451.63125 ...... do ...... 33. 451.6375 ...... do ...... 30. 451.64375 ...... do ...... 33. 451.650 ...... do ...... 4, 7. 451.65625 ...... do ...... 4, 7, 33. 451.6625 ...... do ...... 4, 7, 30. 451.66875 ...... do ...... 4, 7, 33. 451.675 ...... do. 451.68125 ...... do ...... 33. 451.6875 ...... do ...... 30. 451.69375 ...... do ...... 33. 451.700 ...... do ...... 4, 7. 451.70625 ...... do ...... 4, 7, 33. 451.7125 ...... do ...... 4, 7, 30. 451.71875 ...... do ...... 4, 7, 33. 451.725 ...... do. 451.73125 ...... do ...... 33. 451.7375 ...... do ...... 30. 451.74375 ...... do ...... 33. 451.750 ...... do ...... 4, 7. 451.75625 ...... do ...... 4, 7, 33. 451.7625 ...... do ...... 4, 7, 30. 451.76875 ...... do ...... 4, 7, 33. 451.775 ...... do. 451.78125 ...... do ...... 33. 451.7875 ...... do ...... 30. 451.79375 ...... do ...... 33. 451.800 ...... Base, mobile, or operational fixed ...... 17, 58. 451.80625 ...... do ...... 17, 33, 58. 451.8125 ...... do ...... 17, 30, 58. 451.81875 ...... do ...... 17, 33, 58. 451.825 ...... Base or mobile. 451.83125 ...... do ...... 33. 451.8375 ...... do ...... 30. 451.84375 ...... do ...... 33. 451.850 ...... do. 451.85625 ...... do ...... 33. 451.8625 ...... do ...... 30. 451.86875 ...... do ...... 33. 451.875 ...... do. 451.88125 ...... do ...... 33. 451.8875 ...... do ...... 30. 451.89375 ...... do ...... 33. 451.900 ...... do. 451.90625 ...... do ...... 33. 451.9125 ...... do ...... 30. 451.91875 ...... do ...... 33. 451.925 ...... do. 451.93125 ...... do ...... 33. 451.9375 ...... do ...... 30. 451.94375 ...... do ...... 33. 451.950 ...... do. 451.95625 ...... do ...... 33. 451.9625 ...... do ...... 30. 451.96875 ...... do ...... 33. 451.975 ...... do. 451.98125 ...... do ...... 33. 451.9875 ...... do ...... 30. 451.99375 ...... do ...... 33. 452.000 ...... do. 452.00625 ...... do ...... 33. 452.0125 ...... do ...... 30. 452.01875 ...... do ...... 33. 452.025 ...... do. 452.03125 ...... do ...... 33. 18892 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

452.0375 ...... do ...... 30. 452.04375 ...... do ...... 33. 452.050 ...... do. 452.05625 ...... do ...... 33. 452.0625 ...... do ...... 30. 452.06875 ...... do ...... 33. 452.075 ...... do. 452.08125 ...... do ...... 33. 452.0875 ...... do ...... 30. 452.09375 ...... do ...... 33. 452.100 ...... do. 452.10625 ...... do ...... 33. 452.1125 ...... do ...... 30. 452.11875 ...... do ...... 33. 452.125 ...... do. 452.13125 ...... do ...... 33. 452.1375 ...... do ...... 30. 452.14375 ...... do ...... 33. 452.150 ...... do. 452.15625 ...... do ...... 33. 452.1625 ...... do ...... 30. 452.16875 ...... do ...... 33. 452.175 ...... do. 452.18125 ...... do ...... 33. 452.1875 ...... do ...... 30. 452.19375 ...... do ...... 33. 452.200 ...... do. 452.20625 ...... do ...... 33. 452.2125 ...... do ...... 30. 452.21875 ...... do ...... 33. 452.225 ...... do 452.23125 ...... do ...... 33. 452.2375 ...... do ...... 30. 452.24375 ...... do ...... 33. 452.250 ...... do. 452.25625 ...... do ...... 33. 452.2625 ...... do ...... 30. 452.26875 ...... do ...... 33. 452.275 ...... do. 452.28125 ...... do ...... 33. 452.2875 ...... do ...... 30. 452.29375 ...... do ...... 33. 452.300 ...... do. 452.30625 ...... do ...... 33. 452.3125 ...... do ...... 30. 452.31875 ...... do ...... 33. 452.325 ...... do. 452.33125 ...... do ...... 33. 452.3375 ...... do ...... 30. 452.34375 ...... do ...... 33. 452.350 ...... do. 452.35625 ...... do ...... 33. 452.3625 ...... do ...... 30. 452.36875 ...... do ...... 33. 452.375 ...... do. 452.38125 ...... do ...... 33. 452.3875 ...... do ...... 30. 452.39375 ...... do ...... 33. 452.400 ...... do. 452.40625 ...... do ...... 33. 452.4125 ...... do ...... 30. 452.41875 ...... do ...... 33. 452.425 ...... do. 452.43125 ...... do ...... 33. 452.4375 ...... do ...... 30. 452.44375 ...... do ...... 33. 452.450 ...... do. 452.45625 ...... do ...... 33. 452.4625 ...... do ...... 30. 452.46875 ...... do ...... 33. 452.475 ...... do. 452.48125 ...... do ...... 33. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18893

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

452.4875 ...... do ...... 30. 452.49375 ...... do ...... 33. 452.500 ...... do. 452.50625 ...... do ...... 33. 452.5125 ...... do ...... 30. 452.51875 ...... do ...... 33. 452.525 ...... do. 452.53125 ...... do ...... 33. 452.5375 ...... do ...... 30. 452.54375 ...... do ...... 33. 452.550 ...... do. 452.55625 ...... do ...... 33. 452.5625 ...... do ...... 30. 452.56875 ...... do ...... 33. 452.575 ...... do. 452.58125 ...... do ...... 33. 452.5875 ...... do ...... 30. 452.59375 ...... do ...... 33. 452.600 ...... do. 452.60625 ...... do ...... 33. 452.6125 ...... do ...... 30. 452.61875 ...... do ...... 33. 452.625 ...... do. 452.63125 ...... do ...... 33. 452.6375 ...... do ...... 30. 452.64375 ...... do ...... 33. 452.650 ...... do. 452.65625 ...... do ...... 33. 452.6625 ...... do ...... 30. 452.66875 ...... do ...... 33. 452.675 ...... do. 452.68125 ...... do ...... 33. 452.6875 ...... do ...... 30. 452.69375 ...... do ...... 33. 452.700 ...... do. 452.70625 ...... do ...... 33. 452.7125 ...... do ...... 30. 452.71875 ...... do ...... 33. 452.725 ...... do. 452.73125 ...... do ...... 33. 452.7375 ...... do ...... 30. 452.74375 ...... do ...... 33. 452.750 ...... do. 452.75625 ...... do ...... 33. 452.7625 ...... do ...... 30. 452.76875 ...... do ...... 33. 452.775 ...... do. 452.78125 ...... do ...... 33. 452.7875 ...... do ...... 30. 452.79375 ...... do ...... 33. 452.800 ...... do. 452.80625 ...... do ...... 33. 452.8125 ...... do ...... 30. 452.81875 ...... do ...... 33. 452.825 ...... do. 452.83125 ...... do ...... 33. 452.8375 ...... do ...... 30. 452.84375 ...... do ...... 33. 452.850 ...... do. 452.85625 ...... do ...... 33. 452.8625 ...... do ...... 30. 452.86875 ...... do ...... 33. 452.875 ...... do. 452.88125 ...... do ...... 33. 452.8875 ...... do ...... 30. 452.89375 ...... do ...... 33. 452.900 ...... do ...... LR 452.90625 ...... do ...... 33 ...... LR 452.9125 ...... do ...... 30 ...... LR 452.91875 ...... do ...... 33 ...... LR 452.925 ...... do ...... 59 ...... LR 452.93125 ...... do ...... 33, 59 ...... LR 18894 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

452.9375 ...... do ...... 30, 59 ...... LR 452.94375 ...... do ...... 33, 59 ...... LR 452.950 ...... do ...... 59 ...... LR 452.95625 ...... do ...... 33, 59 ...... LR 452.9625 ...... do ...... 30, 59 ...... LR 452.96875 ...... do ...... 33, 59 ...... LR 452.975 ...... do. 452.98125 ...... do ...... 33. 452.9875 ...... do ...... 30. 452.99375 ...... do ...... 33. 453.000 ...... do. 453.00625 ...... do ...... 33. 453.0125 ...... do ...... 30. 453.01875 ...... do ...... 33. 454.000 ...... do ...... 8 IP 456.01875 ...... do ...... 33 ...... IW 456.025 ...... Mobile ...... IW 456.03125 ...... do ...... 33 ...... IW 456.0375 ...... do ...... 30 ...... IW 456.04375 ...... do ...... 33 ...... IW 456.050 ...... do ...... IW 456.05625 ...... do ...... 33 ...... IW 456.0625 ...... do ...... 30 ...... IW 456.06875 ...... do ...... 33 ...... IW 456.075 ...... do ...... IW 456.08125 ...... do ...... 33 ...... IW 456.0875 ...... do ...... 30 ...... IW 456.09375 ...... do ...... 33 ...... IW 456.100 ...... do ...... IW 456.10625 ...... do ...... 33 ...... IW 456.1125 ...... do ...... 30 ...... IW 456.11875 ...... do ...... 33 ...... IW 456.125 ...... do ...... IW 456.13125 ...... do ...... 33 ...... IW 456.1375 ...... do ...... 30 ...... IW 456.14375 ...... do ...... 33 ...... IW 456.150 ...... do ...... IW 456.15625 ...... do ...... 33 ...... IW 456.1625 ...... do ...... 30 ...... IW 456.16875 ...... do ...... 33 ...... IW 456.175 ...... do. 456.18125 ...... do ...... 33. 456.1875 ...... do ...... 30. 456.19375 ...... do ...... 33. 456.200 ...... do ...... IW 456.20625 ...... do ...... 33 ...... IW 456.2125 ...... do ...... 30 ...... IW 456.21875 ...... do ...... 33 ...... IW 456.225 ...... do. 456.23125 ...... do ...... 33. 456.2375 ...... do ...... 30. 456.24375 ...... do ...... 33. 456.250 ...... do ...... IW 456.25625 ...... do ...... 33 ...... IW 456.2625 ...... do ...... 30 ...... IW 456.26875 ...... do ...... 33 ...... IW 456.275 ...... do. 456.28125 ...... do ...... 33. 456.2875 ...... do ...... 30. 456.29375 ...... do ...... 33. 456.300 ...... do. 456.30625 ...... do ...... 33. 456.3125 ...... do ...... 30. 456.31875 ...... do ...... 33. 456.325 ...... do. 456.33125 ...... do ...... 33. 456.3375 ...... do ...... 30. 456.34375 ...... do ...... 33. 456.350 ...... do. 456.35625 ...... do ...... 33. 456.3625 ...... do ...... 30. 456.36875 ...... do ...... 33. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18895

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

456.375 ...... do. 456.38125 ...... do ...... 33. 456.3875 ...... do ...... 30. 456.39375 ...... do ...... 33. 456.400 ...... do. 456.40625 ...... do ...... 33. 456.4125 ...... do ...... 30. 456.41875 ...... do ...... 33. 456.425 ...... do. 456.43125 ...... do ...... 33. 456.4375 ...... do ...... 30. 456.44375 ...... do ...... 33. 456.450 ...... do. 456.45625 ...... do ...... 33. 456.4625 ...... do ...... 30. 456.46875 ...... do ...... 33. 456.475 ...... do. 456.48125 ...... do ...... 33. 456.4875 ...... do ...... 30. 456.49375 ...... do ...... 33. 456.500 ...... do. 456.50625 ...... do ...... 33. 456.5125 ...... do ...... 30. 456.51875 ...... do ...... 33. 456.525 ...... do. 456.53125 ...... do ...... 33. 456.5375 ...... do ...... 30. 456.54375 ...... do ...... 33. 456.550 ...... do. 456.55625 ...... do ...... 33. 456.5625 ...... do ...... 30. 456.56875 ...... do ...... 33. 456.575 ...... do. 456.58125 ...... do ...... 33. 456.5875 ...... do ...... 30. 456.59375 ...... do ...... 33. 456.600 ...... do. 456.60625 ...... do ...... 33. 456.6125 ...... do ...... 30. 456.61875 ...... do ...... 33. 456.625 ...... do. 456.63125 ...... do ...... 33. 456.6375 ...... do ...... 30. 456.64375 ...... do ...... 33. 456.650 ...... do. 456.65625 ...... do ...... 33. 456.6625 ...... do ...... 30. 456.66875 ...... do ...... 33. 456.675 ...... do. 456.68125 ...... do ...... 33. 456.6875 ...... do ...... 30. 456.69375 ...... do ...... 33. 456.700 ...... do. 456.70625 ...... do ...... 33. 456.7125 ...... do ...... 30. 456.71875 ...... do ...... 33. 456.725 ...... do. 456.73125 ...... do ...... 33. 456.7375 ...... do ...... 30. 456.74375 ...... do ...... 33. 456.750 ...... do. 456.75625 ...... do ...... 33. 456.7625 ...... do ...... 30. 456.76875 ...... do ...... 33. 456.775 ...... do. 456.78125 ...... do ...... 33. 456.7875 ...... do ...... 30. 456.79375 ...... do ...... 33. 456.800 ...... Base, mobile, or operational fixed ...... 17, 58. 456.80625 ...... do ...... 17, 33, 58. 456.8125 ...... do ...... 17, 30, 58. 456.81875 ...... do ...... 17, 33, 58. 18896 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

456.825 ...... Mobile. 456.83125 ...... do ...... 33. 456.8375 ...... do ...... 30. 456.84375 ...... do ...... 33. 456.850 ...... do. 456.85625 ...... do ...... 33. 456.8625 ...... do ...... 30. 456.86875 ...... do ...... 33. 456.875 ...... do. 456.88125 ...... do ...... 33. 456.8875 ...... do ...... 30. 456.89375 ...... do ...... 33. 456.900 ...... do. 456.90625 ...... do ...... 33. 456.9125 ...... do ...... 30. 456.91875 ...... do ...... 33. 456.925 ...... do. 456.93125 ...... do ...... 33. 456.9375 ...... do ...... 30. 456.94375 ...... do ...... 33. 456.950 ...... do. 456.95625 ...... do ...... 33. 456.9625 ...... do ...... 30. 456.96875 ...... do ...... 33. 456.975 ...... do. 456.98125 ...... do ...... 33. 456.9875 ...... do ...... 30. 456.99375 ...... do ...... 33. 457.000 ...... do. 457.00625 ...... do ...... 33. 457.0125 ...... do ...... 30. 457.01875 ...... do ...... 33. 457.025 ...... do. 457.03125 ...... do ...... 33. 457.0375 ...... do ...... 30. 457.04375 ...... do ...... 33. 457.050 ...... do. 457.05625 ...... do ...... 33. 457.0625 ...... do ...... 30. 457.06875 ...... do ...... 33. 457.075 ...... do. 457.08125 ...... do ...... 33. 457.0875 ...... do ...... 30. 457.09375 ...... do ...... 33. 457.100 ...... do. 457.10625 ...... do ...... 33. 457.1125 ...... do ...... 30. 457.11875 ...... do ...... 33. 457.125 ...... do. 457.13125 ...... do ...... 33. 457.1375 ...... do ...... 30. 457.14375 ...... do ...... 33. 457.150 ...... do. 457.15625 ...... do ...... 33. 457.1625 ...... do ...... 30. 457.16875 ...... do ...... 33. 457.175 ...... do. 457.18125 ...... do ...... 33. 457.1875 ...... do ...... 30. 457.19375 ...... do ...... 33. 457.200 ...... do. 457.20625 ...... do ...... 33. 457.2125 ...... do ...... 30. 457.21875 ...... do ...... 33. 457.225 ...... do. 457.23125 ...... do ...... 33. 457.2375 ...... do ...... 30. 457.24375 ...... do ...... 33. 457.250 ...... do. 457.25625 ...... do ...... 33. 457.2625 ...... do ...... 30. 457.26875 ...... do ...... 33. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18897

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

457.275 ...... do. 457.28125 ...... do ...... 33. 457.2875 ...... do ...... 30. 457.29375 ...... do ...... 33. 457.300 ...... do. 457.30625 ...... do ...... 33. 457.3125 ...... do ...... 30. 457.31875 ...... do ...... 33. 457.325 ...... do. 457.33125 ...... do ...... 33. 457.3375 ...... do ...... 30. 457.34375 ...... do ...... 33. 457.350 ...... do. 457.35625 ...... do ...... 33. 457.3625 ...... do ...... 30. 457.36875 ...... do ...... 33. 457.375 ...... do. 457.38125 ...... do ...... 33. 457.3875 ...... do ...... 30. 457.39375 ...... do ...... 33. 457.400 ...... do. 457.40625 ...... do ...... 33. 457.4125 ...... do ...... 30. 457.41875 ...... do ...... 33. 457.425 ...... do. 457.43125 ...... do ...... 33. 457.4375 ...... do ...... 30. 457.44375 ...... do ...... 33. 457.450 ...... do. 457.45625 ...... do ...... 33. 457.4625 ...... do ...... 30. 457.46875 ...... do ...... 33. 457.475 ...... do. 457.48125 ...... do ...... 33. 457.4875 ...... do ...... 30. 457.49375 ...... do ...... 33. 457.500 ...... do. 457.50625 ...... do ...... 33. 457.5125 ...... do ...... 30. 457.51875 ...... do ...... 33. 457.525 ...... do ...... 11, 12, 47, 60. 457.53125 ...... do ...... 11, 12, 33, 47, 60. 457.5375 ...... do ...... 11, 12, 30, 47, 60. 457.54375 ...... do ...... 11, 12, 33, 47, 60. 457.550 ...... do ...... 11, 12, 47, 60. 457.55625 ...... do ...... 11, 12, 33, 47, 60. 457.5625 ...... do ...... 11, 12, 30, 47, 60. 457.56875 ...... do ...... 11, 12, 33, 47, 60. 457.575 ...... do ...... 11, 12, 47, 60. 457.58125 ...... do ...... 11, 12, 33, 47, 60. 457.5875 ...... do ...... 11, 12, 30, 47, 60. 457.59375 ...... do ...... 11, 12, 33, 47, 60. 457.600 ...... do ...... 11, 12, 47, 60. 457.60625 ...... do ...... 11, 12, 33, 47, 60. 457.6125 ...... do ...... 11, 12, 30, 47, 60. 457.61875 ...... do ...... 11, 12, 33, 47, 60. 457.625 ...... do. 457.63125 ...... do ...... 33. 457.6375 ...... do ...... 30. 457.64375 ...... do ...... 33. 457.650 ...... do. 457.65625 ...... do ...... 33. 457.6625 ...... do ...... 30. 457.66875 ...... do ...... 33. 457.675 ...... do. 457.68125 ...... do ...... 33. 457.6875 ...... do ...... 30. 457.69375 ...... do ...... 33. 457.700 ...... do. 457.70625 ...... do ...... 33. 457.7125 ...... do ...... 30. 457.71875 ...... do ...... 33. 18898 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

457.725 ...... do. 457.73125 ...... do ...... 33. 457.7375 ...... do ...... 30. 457.74375 ...... do ...... 33. 457.750 ...... do. 457.75625 ...... do ...... 33. 457.7625 ...... do ...... 30. 457.76875 ...... do ...... 33. 457.775 ...... do. 457.78125 ...... do ...... 33. 457.7875 ...... do ...... 30. 457.79375 ...... do ...... 33. 457.800 ...... do. 457.80625 ...... do ...... 33. 457.8125 ...... do ...... 30. 457.81875 ...... do ...... 33. 457.825 ...... do. 457.83125 ...... do ...... 33. 457.8375 ...... do ...... 30. 457.84375 ...... do ...... 33. 457.850 ...... do. 457.85625 ...... do ...... 33. 457.8625 ...... do ...... 30. 457.86875 ...... do ...... 33. 457.875 ...... do. 457.88125 ...... do ...... 33. 457.8875 ...... do ...... 30. 457.89375 ...... do ...... 33. 457.900 ...... do ...... LR 457.90625 ...... do ...... 33 ...... LR 457.9125 ...... do ...... 30 ...... LR 457.91875 ...... do ...... 33 ...... LR 457.925 ...... do ...... 59 ...... LR 457.93125 ...... do ...... 33, 59 ...... LR 457.9375 ...... do ...... 30, 59 ...... LR 457.94375 ...... do ...... 33, 59 ...... LR 457.950 ...... do ...... 59 ...... LR 457.95625 ...... do ...... 33, 59 ...... LR 457.9625 ...... do ...... 30, 59 ...... LR 457.96875 ...... do ...... 33, 59 ...... LR 457.975 ...... do. 457.98125 ...... do ...... 33. 457.9875 ...... do ...... 30. 457.99375 ...... do ...... 33. 458.000 ...... do. 458.00625 ...... do ...... 33. 458.0125 ...... do ...... 30. 458.01875 ...... do ...... 33. 459.000 ...... Base or mobile ...... 8 ...... IP 460.650 ...... do ...... 48, 61, 62. 460.65625 ...... do ...... 33, 48, 61, 62. 460.6625 ...... do ...... 30, 48, 61, 62, 69. 460.66875 ...... do ...... 33, 48, 61, 62. 460.675 ...... do ...... 48, 61, 62. 460.68125 ...... do ...... 33, 48, 61, 62. 460.6875 ...... do ...... 30, 48, 61, 62, 69. 460.69375 ...... do ...... 33, 48, 61, 62. 460.700 ...... do ...... 48, 61, 62. 460.70625 ...... do ...... 33, 48, 61, 62. 460.7125 ...... do ...... 30, 48, 61, 62, 69. 460.71875 ...... do ...... 33, 48, 61, 62. 460.725 ...... do ...... 48, 61, 62. 460.73125 ...... do ...... 33, 48, 61, 62. 460.7375 ...... do ...... 30, 48, 61, 62, 69. 460.74375 ...... do ...... 33, 48, 61, 62. 460.750 ...... do ...... 48, 61, 62. 460.75625 ...... do ...... 33, 48, 61, 62. 460.7625 ...... do ...... 30, 48, 61, 62, 69. 460.76875 ...... do ...... 33, 48, 61, 62. 460.775 ...... do ...... 48, 61, 62. 460.78125 ...... do ...... 33, 48, 61, 62. 460.7875 ...... do ...... 30, 48, 61, 62, 69. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18899

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

460.79375 ...... do ...... 33, 48, 61, 62. 460.800 ...... do ...... 48, 61, 62. 460.80625 ...... do ...... 33, 48, 61, 62. 460.8125 ...... do ...... 30, 48, 61, 62, 69. 460.81875 ...... do ...... 33, 48, 61, 62. 460.825 ...... do ...... 48, 61, 62. 460.83125 ...... do ...... 33, 48, 61, 62. 460.8375 ...... do ...... 30, 48, 61, 62, 69. 460.84375 ...... do ...... 33, 48, 61, 62. 460.850 ...... do ...... 48, 61, 62. 460.85625 ...... do ...... 33, 48, 61, 62. 460.8625 ...... do ...... 30, 48, 61, 62, 69. 460.86875 ...... do ...... 33, 48, 61, 62. 460.875 ...... do ...... 48, 61, 62. 460.88125 ...... do ...... 33, 48, 61, 62. 460.8875 ...... do ...... 30, 48, 61, 62, 69. 460.89375 ...... do ...... 33, 48, 61, 62. 460.900 ...... do ...... 63, 64, 65. 460.90625 ...... do ...... 33, 63, 64, 65. 460.9125 ...... do ...... 30, 63, 64, 65. 460.91875 ...... do ...... 33, 63, 64, 65. 460.925 ...... do ...... 63, 64, 65. 460.93125 ...... do ...... 33, 63, 64, 65. 460.9375 ...... do ...... 30, 63, 64, 65. 460.94375 ...... do ...... 33, 63, 64, 65. 460.950 ...... do ...... 63, 64, 65. 460.95625 ...... do ...... 33, 63, 64, 65. 460.9625 ...... do ...... 30, 63, 64, 65. 460.96875 ...... do ...... 33, 63, 64, 65. 460.975 ...... do ...... 64, 65, 66 460.98125 ...... do ...... 33, 64, 65, 66. 460.9875 ...... do ...... 30, 64, 65, 66. 460.99375 ...... do ...... 33, 64, 65, 66. 461.000 ...... do ...... 64, 65, 66. 461.00625 ...... do ...... 33, 64, 65, 66. 461.0125 ...... do ...... 30, 64, 65, 66. 461.01875 ...... do ...... 33, 64, 65, 66. 461.025 ...... do ...... 62. 461.03125 ...... do ...... 33, 62. 461.0375 ...... do ...... 30, 62. 461.04375 ...... do ...... 33, 62. 461.050 ...... do ...... 62. 461.05625 ...... do ...... 33, 62. 461.0625 ...... do ...... 30, 62. 461.06875 ...... do ...... 33, 62. 461.075 ...... do ...... 62. 461.08125 ...... do ...... 33, 62. 461.0875 ...... do ...... 30, 62. 461.09375 ...... do ...... 33, 62. 461.100 ...... do ...... 62. 461.10625 ...... do ...... 33, 62. 461.1125 ...... do ...... 30, 62. 461.11875 ...... do ...... 33, 62. 461.125 ...... do ...... 62. 461.13125 ...... do ...... 33, 62. 461.1375 ...... do ...... 30, 62. 461.14375 ...... do ...... 33, 62. 461.150 ...... do ...... 62. 461.15625 ...... do ...... 33, 62. 461.1625 ...... do ...... 30, 62. 461.16875 ...... do ...... 33, 62. 461.175 ...... do ...... 62. 461.18125 ...... do ...... 33, 62. 461.1875 ...... do ...... 30, 62. 461.19375 ...... do ...... 33, 62. 461.200 ...... do ...... 62. 461.20625 ...... do ...... 33, 62. 461.2125 ...... do ...... 30, 62. 461.21875 ...... do ...... 33, 62. 461.225 ...... do ...... 62. 461.23125 ...... do ...... 33, 62. 461.2375 ...... do ...... 30, 62. 18900 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

461.24375 ...... do ...... 33, 62. 461.250 ...... do ...... 62. 461.25625 ...... do ...... 33, 62. 461.2625 ...... do ...... 30, 62. 461.26875 ...... do ...... 33, 62. 461.275 ...... do ...... 62. 461.28125 ...... do ...... 33, 62. 461.2875 ...... do ...... 30, 62. 461.29375 ...... do ...... 33, 62. 461.300 ...... do ...... 62. 461.30625 ...... do ...... 33, 62. 461.3125 ...... do ...... 30, 62. 461.31875 ...... do ...... 33, 62. 461.325 ...... do ...... 62. 461.33125 ...... do ...... 33, 62. 461.3375 ...... do ...... 30, 62. 461.34375 ...... do ...... 33, 62. 461.350 ...... do ...... 62. 461.35625 ...... do ...... 33, 62. 461.3625 ...... do ...... 30, 62. 461.36875 ...... do ...... 33, 62. 461.375 ...... do ...... 62. 461.38125 ...... do ...... 33, 62. 461.3875 ...... do ...... 30, 62. 461.39375 ...... do ...... 33, 62. 461.400 ...... do ...... 62. 461.40625 ...... do ...... 33, 62. 461.4125 ...... do ...... 30, 62. 461.41875 ...... do ...... 33, 62. 461.425 ...... do ...... 62. 461.43125 ...... do ...... 33, 62. 461.4375 ...... do ...... 30, 62. 461.44375 ...... do ...... 33, 62. 461.450 ...... do ...... 62. 461.45625 ...... do ...... 33, 62. 461.4625 ...... do ...... 30, 62. 461.46875 ...... do ...... 33, 62. 461.475 ...... do ...... 62. 461.48125 ...... do ...... 33, 62. 461.4875 ...... do ...... 30, 62. 461.49375 ...... do ...... 33, 62. 461.500 ...... do ...... 62. 461.50625 ...... do ...... 33, 62. 461.5125 ...... do ...... 30, 62. 461.51875 ...... do ...... 33, 62. 461.525 ...... do ...... 62. 461.53125 ...... do ...... 33, 62. 461.5375 ...... do ...... 30, 62. 461.54375 ...... do ...... 33, 62. 461.550 ...... do ...... 62. 461.55625 ...... do ...... 33, 62. 461.5625 ...... do ...... 30, 62. 461.56875 ...... do ...... 33, 62. 461.575 ...... do ...... 62. 461.58125 ...... do ...... 33, 62. 461.5875 ...... do ...... 30, 62. 461.59375 ...... do ...... 33, 62. 461.600 ...... do ...... 62. 461.60625 ...... do ...... 33, 62. 461.6125 ...... do ...... 30, 62. 461.61875 ...... do ...... 33, 62. 461.625 ...... do ...... 62. 461.63125 ...... do ...... 33, 62. 461.6375 ...... do ...... 30, 62. 461.64375 ...... do ...... 33, 62. 461.650 ...... do ...... 62. 461.65625 ...... do ...... 33, 62. 461.6625 ...... do ...... 30, 62. 461.66875 ...... do ...... 33, 62. 461.675 ...... do ...... 62. 461.68125 ...... do ...... 33, 62. 461.6875 ...... do ...... 30, 62. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18901

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

461.69375 ...... do ...... 33, 62. 461.700 ...... do ...... 62. 461.70625 ...... do ...... 33, 62. 461.7125 ...... do ...... 30, 62. 461.71875 ...... do ...... 33, 62. 461.725 ...... do ...... 62. 461.73125 ...... do ...... 33, 62. 461.7375 ...... do ...... 30, 62. 461.74375 ...... do ...... 33, 62. 461.750 ...... do ...... 62. 461.75625 ...... do ...... 33, 62. 461.7625 ...... do ...... 30, 62. 461.76875 ...... do ...... 33, 62. 461.775 ...... do ...... 62. 461.78125 ...... do ...... 33, 62. 461.7875 ...... do ...... 30, 62. 461.79375 ...... do ...... 33, 62. 461.800 ...... do ...... 62. 461.80625 ...... do ...... 33, 62. 461.8125 ...... do ...... 30, 62. 461.81875 ...... do ...... 33, 62. 461.825 ...... do ...... 62. 461.83125 ...... do ...... 33, 62. 461.8375 ...... do ...... 30, 62. 461.84375 ...... do ...... 33, 62. 461.850 ...... do ...... 62. 461.85625 ...... do ...... 33, 62. 461.8625 ...... do ...... 30, 62. 461.86875 ...... do ...... 33, 62. 461.875 ...... do ...... 62. 461.88125 ...... do ...... 33, 62. 461.8875 ...... do ...... 30, 62. 461.89375 ...... do ...... 33, 62. 461.900 ...... do ...... 62. 461.90625 ...... do ...... 33, 62. 461.9125 ...... do ...... 30, 62. 461.91875 ...... do ...... 33, 62. 461.925 ...... do ...... 62. 461.93125 ...... do ...... 33, 62. 461.9375 ...... do ...... 30, 62. 461.94375 ...... do ...... 33, 62. 461.950 ...... do ...... 62. 461.95625 ...... do ...... 33, 62. 461.9625 ...... do ...... 30, 62. 461.96875 ...... do ...... 33, 62. 461.975 ...... do ...... 62. 461.98125 ...... do ...... 33, 62. 461.9875 ...... do ...... 30, 62. 461.99375 ...... do ...... 33, 62. 462.000 ...... do ...... 62. 462.00625 ...... do ...... 33, 62. 462.0125 ...... do ...... 30, 62. 462.01875 ...... do ...... 33, 62. 462.025 ...... do ...... 62. 462.03125 ...... do ...... 33, 62. 462.0375 ...... do ...... 30, 62. 462.04375 ...... do ...... 33, 62. 462.050 ...... do ...... 62. 462.05625 ...... do ...... 33, 62. 462.0625 ...... do ...... 30, 62. 462.06875 ...... do ...... 33, 62. 462.075 ...... do ...... 62. 462.08125 ...... do ...... 33, 62. 462.0875 ...... do ...... 30, 62. 462.09375 ...... do ...... 33, 62. 462.100 ...... do ...... 62. 462.10625 ...... do ...... 33, 62. 462.1125 ...... do ...... 30, 62. 462.11875 ...... do ...... 33, 62. 462.125 ...... do ...... 62. 462.13125 ...... do ...... 33, 62. 462.1375 ...... do ...... 30, 62. 18902 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

462.14375 ...... do ...... 33, 62. 462.150 ...... do ...... 62. 462.15625 ...... do ...... 33, 62. 462.1625 ...... do ...... 30, 62. 462.16875 ...... do ...... 33, 62. 462.175 ...... do ...... 62. 462.18125 ...... do ...... 33, 62. 462.1875 ...... do ...... 30, 62. 462.19375 ...... do ...... 33, 62. 462.200 ...... do. 462.20625 ...... do ...... 33. 462.2125 ...... do ...... 30. 462.21875 ...... do ...... 33. 462.225 ...... do. 462.23125 ...... do ...... 33. 462.2375 ...... do ...... 30. 462.24375 ...... do ...... 33. 462.250 ...... do. 462.25625 ...... do ...... 33. 462.2625 ...... do ...... 30. 462.26875 ...... do ...... 33. 462.275 ...... do. 462.28125 ...... do ...... 33. 462.2875 ...... do ...... 30. 462.29375 ...... do ...... 33. 462.300 ...... do. 462.30625 ...... do ...... 33. 462.3125 ...... do ...... 30. 462.31875 ...... do ...... 33. 462.325 ...... do. 462.33125 ...... do ...... 33. 462.3375 ...... do ...... 30. 462.34375 ...... do ...... 33. 462.350 ...... do. 462.35625 ...... do ...... 33. 462.3625 ...... do ...... 30. 462.36875 ...... do ...... 33. 462.375 ...... do. 462.38125 ...... do ...... 33. 462.3875 ...... do ...... 30. 462.39375 ...... do ...... 33. 462.400 ...... do. 462.40625 ...... do ...... 33. 462.4125 ...... do ...... 30. 462.41875 ...... do ...... 33. 462.425 ...... do. 462.43125 ...... do ...... 33. 462.4375 ...... do ...... 30. 462.44375 ...... do ...... 33. 462.450 ...... do. 462.45625 ...... do ...... 33. 462.4625 ...... do ...... 30. 462.46875 ...... do ...... 33. 462.475 ...... do. 462.48125 ...... do ...... 33. 462.4875 ...... do ...... 30. 462.49375 ...... do ...... 33. 462.500 ...... do. 462.50625 ...... do ...... 33. 462.5125 ...... do ...... 30. 462.51875 ...... do ...... 33. 462.525 ...... do. 462.53125 ...... do ...... 33. 462.750 ...... Base ...... 29, 36. 462.7625 ...... Mobile ...... 67. 462.775 ...... Base ...... 29, 36. 462.7875 ...... Mobile ...... 67. 462.800 ...... Base ...... 29, 36. 462.8125 ...... Mobile ...... 67. 462.825 ...... Base ...... 29, 36. 462.8375 ...... Mobile ...... 67. 462.850 ...... Base ...... 29, 36. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18903

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

462.8625 ...... Mobile ...... 67. 462.875 ...... Base ...... 29, 36. 462.8875 ...... Mobile ...... 67. 462.900 ...... Base ...... 29, 36. 462.9125 ...... Mobile ...... 67. 462.925 ...... Base ...... 29, 36. 462.9375 ...... Mobile ...... 67. 462.94375 ...... Base or mobile ...... 33. 463.200 ...... do ...... 62. 463.20625 ...... do ...... 33, 62. 463.2125 ...... do ...... 30, 62. 463.21875 ...... do ...... 33, 62. 463.225 ...... do ...... 62. 463.23125 ...... do ...... 33, 62. 463.2375 ...... do ...... 30, 62. 463.24375 ...... do ...... 33, 62. 463.250 ...... do ...... 62. 463.25625 ...... do ...... 33, 62. 463.2625 ...... do ...... 30, 62. 463.26875 ...... do ...... 33, 62. 463.275 ...... do ...... 62. 463.28125 ...... do ...... 33, 62. 463.2875 ...... do ...... 30, 62. 463.29375 ...... do ...... 33, 62. 463.300 ...... do ...... 62. 463.30625 ...... do ...... 33, 62. 463.3125 ...... do ...... 30, 62. 463.31875 ...... do ...... 33, 62. 463.325 ...... do ...... 62. 463.33125 ...... do ...... 33, 62. 463.3375 ...... do ...... 30, 62. 463.34375 ...... do ...... 33, 62. 463.350 ...... do ...... 62. 463.35625 ...... do ...... 33, 62. 463.3625 ...... do ...... 30, 62. 463.36875 ...... do ...... 33, 62. 463.375 ...... do ...... 62. 463.38125 ...... do ...... 33, 62. 463.3875 ...... do ...... 30, 62. 463.39375 ...... do ...... 33, 62. 463.400 ...... do ...... 62. 463.40625 ...... do ...... 33, 62. 463.4125 ...... do ...... 30, 62. 463.41875 ...... do ...... 33, 62. 463.425 ...... do ...... 62. 463.43125 ...... do ...... 33, 62. 463.4375 ...... do ...... 30, 62. 463.44375 ...... do ...... 33, 62. 463.450 ...... do ...... 62. 463.45625 ...... do ...... 33, 62. 463.4625 ...... do ...... 30, 62. 463.46875 ...... do ...... 33, 62. 463.475 ...... do ...... 62. 463.48125 ...... do ...... 33, 62. 463.4875 ...... do ...... 30, 62. 463.49375 ...... do ...... 33, 62. 463.500 ...... do ...... 62. 463.50625 ...... do ...... 33, 62. 463.5125 ...... do ...... 30, 62. 463.51875 ...... do ...... 33, 62. 463.525 ...... do ...... 62. 463.53125 ...... do ...... 33, 62. 463.5375 ...... do ...... 30, 62. 463.54375 ...... do ...... 33, 62. 463.550 ...... do ...... 62. 463.55625 ...... do ...... 33, 62. 463.5625 ...... do ...... 30, 62. 463.56875 ...... do ...... 33, 62. 463.575 ...... do ...... 62. 463.58125 ...... do ...... 33, 62. 463.5875 ...... do ...... 30, 62. 463.59375 ...... do ...... 33, 62. 18904 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

463.600 ...... do ...... 62. 463.60625 ...... do ...... 33, 62. 463.6125 ...... do ...... 30, 62. 463.61875 ...... do ...... 33, 62. 463.625 ...... do ...... 62. 463.63125 ...... do ...... 33, 62. 463.6375 ...... do ...... 30, 62. 463.64375 ...... do ...... 33, 62. 463.650 ...... do ...... 62. 463.65625 ...... do ...... 33, 62. 463.6625 ...... do ...... 30, 62. 463.66875 ...... do ...... 33, 62. 463.675 ...... do ...... 62. 463.68125 ...... do ...... 33, 62. 463.6875 ...... do ...... 30, 62. 463.69375 ...... do ...... 33, 62. 463.700 ...... do ...... 62. 463.70625 ...... do ...... 33, 62. 463.7125 ...... do ...... 30, 62. 463.71875 ...... do ...... 33, 62. 463.725 ...... do ...... 62. 463.73125 ...... do ...... 33, 62. 463.7375 ...... do ...... 30, 62. 463.74375 ...... do ...... 33, 62. 463.750 ...... do ...... 62. 463.75625 ...... do ...... 33, 62. 463.7625 ...... do ...... 30, 62. 463.76875 ...... do ...... 33, 62. 463.775 ...... do ...... 62. 463.78125 ...... do ...... 33, 62. 463.7875 ...... do ...... 30, 62. 463.79375 ...... do ...... 33, 62. 463.800 ...... do ...... 62. 463.80625 ...... do ...... 33, 62. 463.8125 ...... do ...... 30, 62. 463.81875 ...... do ...... 33, 62. 463.825 ...... do ...... 62. 463.83125 ...... do ...... 33, 62. 463.8375 ...... do ...... 30, 62. 463.84375 ...... do ...... 33, 62. 463.850 ...... do ...... 62. 463.85625 ...... do ...... 33, 62. 463.8625 ...... do ...... 30, 62. 463.86875 ...... do ...... 33, 62. 463.875 ...... do ...... 62. 463.88125 ...... do ...... 33, 62. 463.8875 ...... do ...... 30, 62. 463.89375 ...... do ...... 33, 62. 463.900 ...... do ...... 62. 463.90625 ...... do ...... 33, 62. 463.9125 ...... do ...... 30, 62. 463.91875 ...... do ...... 33, 62. 463.925 ...... do ...... 62. 463.93125 ...... do ...... 33, 62. 463.9375 ...... do ...... 30, 62. 463.94375 ...... do ...... 33, 62. 463.950 ...... do ...... 62. 463.95625 ...... do ...... 33, 62. 463.9625 ...... do ...... 30, 62. 463.96875 ...... do ...... 33, 62. 463.975 ...... do ...... 62. 463.98125 ...... do ...... 33, 62. 463.9875 ...... do ...... 30, 62. 463.99375 ...... do ...... 33, 62. 464.000 ...... do ...... 62. 464.00625 ...... do ...... 33, 62. 464.0125 ...... do ...... 30, 62. 464.01875 ...... do ...... 33, 62. 464.025 ...... do ...... 62. 464.03125 ...... do ...... 33, 62. 464.0375 ...... do ...... 30, 62. 464.04375 ...... do ...... 33, 62. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18905

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

464.050 ...... do ...... 62. 464.05625 ...... do ...... 33, 62. 464.0625 ...... do ...... 30, 62. 464.06875 ...... do ...... 33, 62. 464.075 ...... do ...... 62. 464.08125 ...... do ...... 33, 62. 464.0875 ...... do ...... 30, 62. 464.09375 ...... do ...... 33, 62. 464.100 ...... do ...... 62. 464.10625 ...... do ...... 33, 62. 464.1125 ...... do ...... 30, 62. 464.11875 ...... do ...... 33, 62. 464.125 ...... do ...... 62. 464.13125 ...... do ...... 33, 62. 464.1375 ...... do ...... 30, 62. 464.14375 ...... do ...... 33, 62. 464.150 ...... do ...... 62. 464.15625 ...... do ...... 33, 62. 464.1625 ...... do ...... 30, 62. 464.16875 ...... do ...... 33, 62. 464.175 ...... do ...... 62. 464.18125 ...... do ...... 33, 62. 464.1875 ...... do ...... 30, 62. 464.19375 ...... do ...... 33, 62. 464.200 ...... do ...... 62. 464.20625 ...... do ...... 33, 62. 464.2125 ...... do ...... 30, 62. 464.21875 ...... do ...... 33, 62. 464.225 ...... do ...... 62. 464.23125 ...... do ...... 33, 62. 464.2375 ...... do ...... 30, 62. 464.24375 ...... do ...... 33, 62. 464.250 ...... do ...... 62. 464.25625 ...... do ...... 33, 62. 464.2625 ...... do ...... 30, 62. 464.26875 ...... do ...... 33, 62. 464.275 ...... do ...... 62. 464.28125 ...... do ...... 33, 62. 464.2875 ...... do ...... 30, 62. 464.29375 ...... do ...... 33, 62. 464.300 ...... do ...... 62. 464.30625 ...... do ...... 33, 62. 464.3125 ...... do ...... 30, 62. 464.31875 ...... do ...... 33, 62. 464.325 ...... do ...... 62. 464.33125 ...... do ...... 33, 62. 464.3375 ...... do ...... 30, 62. 464.34375 ...... do ...... 33, 62. 464.350 ...... do ...... 62. 464.35625 ...... do ...... 33, 62. 464.3625 ...... do ...... 30, 62. 464.36875 ...... do ...... 33, 62. 464.375 ...... do ...... 62. 464.38125 ...... do ...... 33, 62. 464.3875 ...... do ...... 30, 62. 464.39375 ...... do ...... 33, 62. 464.400 ...... do ...... 62. 464.40625 ...... do ...... 33, 62. 464.4125 ...... do ...... 30, 62. 464.41875 ...... do ...... 33, 62. 464.425 ...... do ...... 62. 464.43125 ...... do ...... 33, 62. 464.4375 ...... do ...... 30, 62. 464.44375 ...... do ...... 33, 62. 464.450 ...... do ...... 62. 464.45625 ...... do ...... 33, 62. 464.4625 ...... do ...... 30, 62. 464.46875 ...... do ...... 33, 62. 464.475 ...... do ...... 62. 464.48125 ...... do ...... 33, 62. 464.4875 ...... do ...... 30, 62. 464.500 ...... do ...... 10, 34. 18906 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

464.5125 ...... do ...... 30, 62. 464.51875 ...... do ...... 33, 62. 464.525 ...... do ...... 62. 464.53125 ...... do ...... 33, 62. 464.5375 ...... do ...... 30, 62. 464.550 ...... do ...... 10, 34. 464.5625 ...... do ...... 30, 62. 464.56875 ...... do ...... 33, 62. 464.575 ...... do ...... 62. 464.58125 ...... do ...... 33, 62. 464.5875 ...... do ...... 30, 62. 464.59375 ...... do ...... 33, 62. 464.600 ...... do ...... 62. 464.60625 ...... do ...... 33, 62. 464.6125 ...... do ...... 30, 62. 464.61875 ...... do ...... 33, 62. 464.625 ...... do ...... 62. 464.63125 ...... do ...... 33, 62. 464.6375 ...... do ...... 30, 62. 464.64375 ...... do ...... 33, 62. 464.650 ...... do ...... 62. 464.65625 ...... do ...... 33, 62. 464.6625 ...... do ...... 30, 62. 464.66875 ...... do ...... 33, 62. 464.675 ...... do ...... 62. 464.68125 ...... do ...... 33, 62. 464.6875 ...... do ...... 30, 62. 464.69375 ...... do ...... 33, 62. 464.700 ...... do ...... 62. 464.70625 ...... do ...... 33, 62. 464.7125 ...... do ...... 30, 62. 464.71875 ...... do ...... 33, 62. 464.725 ...... do ...... 62. 464.73125 ...... do ...... 33, 62. 464.7375 ...... do ...... 30, 62. 464.74375 ...... do ...... 33, 62. 464.750 ...... do ...... 62. 464.75625 ...... do ...... 33, 62. 464.7625 ...... do ...... 30, 62. 464.76875 ...... do ...... 33, 62. 464.775 ...... do ...... 62. 464.78125 ...... do ...... 33, 62. 464.7875 ...... do ...... 30, 62. 464.79375 ...... do ...... 33, 62. 464.800 ...... do ...... 62. 464.80625 ...... do ...... 33, 62. 464.8125 ...... do ...... 30, 62. 464.81875 ...... do ...... 33, 62. 464.825 ...... do ...... 62. 464.83125 ...... do ...... 33, 62. 464.8375 ...... do ...... 30, 62. 464.84375 ...... do ...... 33, 62. 464.850 ...... do ...... 62. 464.85625 ...... do ...... 33, 62. 464.8625 ...... do ...... 30, 62. 464.86875 ...... do ...... 33, 62. 464.875 ...... do ...... 62. 464.88125 ...... do ...... 33, 62. 464.8875 ...... do ...... 30, 62. 464.89375 ...... do ...... 33, 62. 464.900 ...... do ...... 62. 464.90625 ...... do ...... 33, 62. 464.9125 ...... do ...... 30, 62. 464.91875 ...... do ...... 33, 62. 464.925 ...... do ...... 62. 464.93125 ...... do ...... 33, 62. 464.9375 ...... do ...... 30, 62. 464.94375 ...... do ...... 33, 62. 464.950 ...... do ...... 62. 464.95625 ...... do ...... 33, 62. 464.9625 ...... do ...... 30, 62. 464.96875 ...... do ...... 33, 62. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18907

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

464.975 ...... do ...... 62. 464.98125 ...... do ...... 33, 62. 464.9875 ...... Mobile ...... 67. 465.000 ...... Base ...... 29, 34, 36. 465.0125 ...... Mobile ...... 67. 465.01875 ...... do ...... 33, 34. 465.650 ...... do ...... 11, 61, 62, 68. 465.65625 ...... do ...... 11, 33, 61, 62, 68. 465.6625 ...... do ...... 11, 30, 61, 62, 68, 69. 465.66875 ...... do ...... 11, 33, 61, 62, 68. 465.675 ...... do ...... 11, 61, 62, 68. 465.68125 ...... do ...... 11, 33, 61, 62, 68. 465.6875 ...... do ...... 11, 30, 61, 62, 68, 69. 465.69375 ...... do ...... 11, 33, 61, 62, 68. 465.700 ...... do ...... 11, 61, 62, 68. 465.70625 ...... do ...... 11, 33, 61, 62, 68. 465.7125 ...... do ...... 11, 30, 61, 62, 68, 69. 465.71875 ...... do ...... 11, 33, 61, 62, 68. 465.725 ...... do ...... 11, 61, 62, 68. 465.73125 ...... do ...... 11, 33, 61, 62, 68. 465.7375 ...... do ...... 11, 30, 61, 62, 68, 69. 465.74375 ...... do ...... 11, 33, 61, 62, 68. 465.750 ...... do ...... 11, 61, 62, 68. 465.75625 ...... do ...... 11, 33, 61, 62, 68. 465.7625 ...... do ...... 11, 30, 61, 62, 68, 69. 465.76875 ...... do ...... 11, 33, 61, 62, 68. 465.775 ...... do ...... 11, 61, 62, 68. 465.78125 ...... do ...... 11, 33, 61, 62, 68. 465.7875 ...... do ...... 11, 30, 61, 62, 68, 69. 465.79375 ...... do ...... 11, 33, 61, 62, 68. 465.800 ...... do ...... 11, 61, 62, 68. 465.80625 ...... do ...... 11, 33, 61, 62, 68. 465.8125 ...... do ...... 11, 30, 61, 62, 68, 69. 465.81875 ...... do ...... 11, 33, 61, 62, 68. 465.825 ...... do ...... 11, 61, 62, 68. 465.83125 ...... do ...... 11, 33, 61, 62, 68. 465.8375 ...... do ...... 11, 30, 61, 62, 68, 69. 465.84375 ...... do ...... 11, 33, 61, 62, 68. 465.850 ...... do ...... 11, 61, 62, 68. 465.85625 ...... do ...... 11, 33, 61, 62, 68. 465.8625 ...... do ...... 11, 30, 61, 62, 68, 69. 465.86875 ...... do ...... 11, 33, 61, 62, 68. 465.875 ...... do ...... 11, 61, 62, 68. 465.88125 ...... do ...... 11, 33, 61, 62, 68. 465.8875 ...... do ...... 11, 30, 61, 62, 68, 69. 465.89375 ...... do ...... 11, 33, 61, 62, 68. 465.900 ...... do ...... 63, 64. 465.90625 ...... do ...... 33, 63, 64. 465.9125 ...... do ...... 30, 63, 64. 465.91875 ...... do ...... 33, 63, 64. 465.925 ...... do ...... 63, 64. 465.93125 ...... do ...... 33, 63, 64. 465.9375 ...... do ...... 30, 63, 64. 465.94375 ...... do ...... 33, 63, 64. 465.950 ...... do ...... 63, 64. 465.95625 ...... do ...... 33, 63, 64. 465.9625 ...... do ...... 30, 63, 64. 465.96875 ...... do ...... 33, 63, 64. 465.975 ...... do ...... 64, 66. 465.98125 ...... do ...... 33, 64, 66. 465.9875 ...... do ...... 30, 64, 66. 465.99375 ...... do ...... 33, 64, 66. 466.000 ...... do ...... 64, 66. 466.00625 ...... do ...... 33, 64, 66. 466.0125 ...... do ...... 30, 64, 66, 69. 466.01875 ...... do ...... 33, 64, 66. 466.025 ...... do ...... 62. 466.03125 ...... do ...... 33, 62. 466.0375 ...... do ...... 30, 62. 466.04375 ...... do ...... 33, 62. 466.050 ...... do ...... 62. 466.05625 ...... do ...... 33, 62. 18908 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

466.0625 ...... do ...... 30, 62. 466.06875 ...... do ...... 33, 62. 466.075 ...... do ...... 62. 466.08125 ...... do ...... 33, 62. 466.0875 ...... do ...... 30, 62. 466.09375 ...... do ...... 33, 62. 466.100 ...... do ...... 62. 466.10625 ...... do ...... 33, 62. 466.1125 ...... do ...... 30, 62. 466.11875 ...... do ...... 33, 62. 466.125 ...... do ...... 62. 466.13125 ...... do ...... 33, 62. 466.1375 ...... do ...... 30, 62. 466.14375 ...... do ...... 33, 62. 466.150 ...... do ...... 62. 466.15625 ...... do ...... 33, 62. 466.1625 ...... do ...... 30, 62. 466.16875 ...... do ...... 33, 62. 466.175 ...... do ...... 62. 466.18125 ...... do ...... 33, 62. 466.1875 ...... do ...... 30, 62. 466.19375 ...... do ...... 33, 62. 466.200 ...... do ...... 62. 466.20625 ...... do ...... 33, 62. 466.2125 ...... do ...... 30, 62. 466.21875 ...... do ...... 33, 62. 466.225 ...... do ...... 62. 466.23125 ...... do ...... 33, 62. 466.2375 ...... do ...... 30, 62. 466.24375 ...... do ...... 33, 62. 466.250 ...... do ...... 62. 466.25625 ...... do ...... 33, 62. 466.2625 ...... do ...... 30, 62. 466.26875 ...... do ...... 33, 62. 466.275 ...... do ...... 62. 466.28125 ...... do ...... 33, 62. 466.2875 ...... do ...... 30, 62. 466.29375 ...... do ...... 33, 62. 466.300 ...... do ...... 62. 466.30625 ...... do ...... 33, 62. 466.3125 ...... do ...... 30, 62. 466.31875 ...... do ...... 33, 62. 466.325 ...... do ...... 62. 466.33125 ...... do ...... 33, 62. 466.3375 ...... do ...... 30, 62. 466.34375 ...... do ...... 33, 62. 466.350 ...... do ...... 62. 466.35625 ...... do ...... 33, 62. 466.3625 ...... do ...... 30, 62. 466.36875 ...... do ...... 33, 62. 466.375 ...... do ...... 62. 466.38125 ...... do ...... 33, 62. 466.3875 ...... do ...... 30, 62. 466.39375 ...... do ...... 33, 62. 466.400 ...... do ...... 62. 466.40625 ...... do ...... 33, 62. 466.4125 ...... do ...... 30, 62. 466.41875 ...... do ...... 33, 62. 466.425 ...... do ...... 62. 466.43125 ...... do ...... 33, 62. 466.4375 ...... do ...... 30, 62. 466.44375 ...... do ...... 33, 62. 466.450 ...... do ...... 62. 466.45625 ...... do ...... 33, 62. 466.4625 ...... do ...... 30, 62. 466.46875 ...... do ...... 33, 62. 466.475 ...... do ...... 62. 466.48125 ...... do ...... 33, 62. 466.4875 ...... do ...... 30, 62. 466.49375 ...... do ...... 33, 62. 466.500 ...... do ...... 62. 466.50625 ...... do ...... 33, 62. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18909

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

466.5125 ...... do ...... 30, 62. 466.51875 ...... do ...... 33, 62. 466.525 ...... do ...... 62. 466.53125 ...... do ...... 33, 62. 466.5375 ...... do ...... 30, 62. 466.54375 ...... do ...... 33, 62. 466.550 ...... do ...... 62. 466.55625 ...... do ...... 33, 62. 466.5625 ...... do ...... 30, 62. 466.56875 ...... do ...... 33, 62. 466.575 ...... do ...... 62. 466.58125 ...... do ...... 33, 62. 466.5875 ...... do ...... 30, 62. 466.59375 ...... do ...... 33, 62. 466.600 ...... do ...... 62. 466.60625 ...... do ...... 33, 62. 466.6125 ...... do ...... 30, 62. 466.61875 ...... do ...... 33, 62. 466.625 ...... do ...... 62. 466.63125 ...... do ...... 33, 62. 466.6375 ...... do ...... 30, 62. 466.64375 ...... do ...... 33, 62. 466.650 ...... do ...... 62. 466.65625 ...... do ...... 33, 62. 466.6625 ...... do ...... 30, 62. 466.66875 ...... do ...... 33, 62. 466.675 ...... do ...... 62. 466.68125 ...... do ...... 33, 62. 466.6875 ...... do ...... 30, 62. 466.69375 ...... do ...... 33, 62. 466.700 ...... do ...... 62. 466.70625 ...... do ...... 33, 62. 466.7125 ...... do ...... 30, 62. 466.71875 ...... do ...... 33, 62. 466.725 ...... do ...... 62. 466.73125 ...... do ...... 33, 62. 466.7375 ...... do ...... 30, 62. 466.74375 ...... do ...... 33, 62. 466.750 ...... do ...... 62. 466.75625 ...... do ...... 33, 62. 466.7625 ...... do ...... 30, 62. 466.76875 ...... do ...... 33, 62. 466.775 ...... do ...... 62. 466.78125 ...... do ...... 33, 62. 466.7875 ...... do ...... 30, 62. 466.79375 ...... do ...... 33, 62. 466.800 ...... do ...... 62. 466.80625 ...... do ...... 33, 62. 466.8125 ...... do ...... 30, 62. 466.81875 ...... do ...... 33, 62. 466.825 ...... do ...... 62. 466.83125 ...... do ...... 33, 62. 466.8375 ...... do ...... 30, 62. 466.84375 ...... do ...... 33, 62. 466.850 ...... do ...... 62. 466.85625 ...... do ...... 33, 62. 466.8625 ...... do ...... 30, 62. 466.86875 ...... do ...... 33, 62. 466.875 ...... do ...... 62. 466.88125 ...... do ...... 33, 62. 466.8875 ...... do ...... 30, 62. 466.89375 ...... do ...... 33, 62. 466.900 ...... do ...... 62. 466.90625 ...... do ...... 33, 62. 466.9125 ...... do ...... 30, 62. 466.91875 ...... do ...... 33, 62. 466.925 ...... do ...... 62. 466.93125 ...... do ...... 33, 62. 466.9375 ...... do ...... 30, 62. 466.94375 ...... do ...... 33, 62. 466.950 ...... do ...... 62. 466.95625 ...... do ...... 33, 62. 18910 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

466.9625 ...... do ...... 30, 62. 466.96875 ...... do ...... 33, 62. 466.975 ...... do ...... 62. 466.98125 ...... do ...... 33, 62. 466.9875 ...... do ...... 30, 62. 466.99375 ...... do ...... 33, 62. 467.000 ...... do ...... 62. 467.00625 ...... do ...... 33, 62. 467.0125 ...... do ...... 30, 62. 467.01875 ...... do ...... 33, 62. 467.025 ...... do ...... 62. 467.03125 ...... do ...... 33, 62. 467.0375 ...... do ...... 30, 62. 467.04375 ...... do ...... 33, 62. 467.050 ...... do ...... 62. 467.05625 ...... do ...... 33, 62. 467.0625 ...... do ...... 30, 62. 467.06875 ...... do ...... 33, 62. 467.075 ...... do ...... 62. 467.08125 ...... do ...... 33, 62. 467.0875 ...... do ...... 30, 62. 467.09375 ...... do ...... 33, 62. 467.100 ...... do ...... 62. 467.10625 ...... do ...... 33, 62. 467.1125 ...... do ...... 30, 62. 467.11875 ...... do ...... 33, 62. 467.125 ...... do ...... 62. 467.13125 ...... do ...... 33, 62. 467.1375 ...... do ...... 30, 62. 467.14375 ...... do ...... 33, 62. 467.150 ...... do ...... 62. 467.15625 ...... do ...... 33, 62. 467.1625 ...... do ...... 30, 62. 467.16875 ...... do ...... 33, 62. 467.175 ...... do ...... 62. 467.18125 ...... do ...... 33, 62. 467.1875 ...... do ...... 30, 62. 467.19375 ...... do ...... 33, 62. 467.200 ...... do. 467.20625 ...... do ...... 33. 467.2125 ...... do ...... 30. 467.21875 ...... do ...... 33. 467.225 ...... do. 467.23125 ...... do ...... 33. 467.2375 ...... do ...... 30. 467.24375 ...... do ...... 33. 467.250 ...... do. 467.25625 ...... do ...... 33. 467.2625 ...... do ...... 30. 467.26875 ...... do ...... 33. 467.275 ...... do. 467.28125 ...... do ...... 33. 467.2875 ...... do ...... 30. 467.29375 ...... do ...... 33. 467.300 ...... do. 467.30625 ...... do ...... 33. 467.3125 ...... do ...... 30. 467.31875 ...... do ...... 33. 467.325 ...... do. 467.33125 ...... do ...... 33. 467.3375 ...... do ...... 30. 467.34375 ...... do ...... 33. 467.350 ...... do. 467.35625 ...... do ...... 33. 467.3625 ...... do ...... 30. 467.36875 ...... do ...... 33. 467.375 ...... do. 467.38125 ...... do ...... 33. 467.3875 ...... do ...... 30. 467.39375 ...... do ...... 33. 467.400 ...... do. 467.40625 ...... do ...... 33. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18911

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

467.4125 ...... do ...... 30. 467.41875 ...... do ...... 33. 467.425 ...... do. 467.43125 ...... do ...... 33. 467.4375 ...... do ...... 30. 467.44375 ...... do ...... 33. 467.450 ...... do. 467.45625 ...... do ...... 33. 467.4625 ...... do ...... 30. 467.46875 ...... do ...... 33. 467.475 ...... do. 467.48125 ...... do ...... 33. 467.4875 ...... do ...... 30. 467.49375 ...... do ...... 33. 467.500 ...... do. 467.50625 ...... do ...... 33. 467.5125 ...... do ...... 30. 467.51875 ...... do ...... 33. 467.525 ...... do. 467.53125 ...... do ...... 33. 467.74375 ...... do ...... 33, 62. 467.750 ...... do ...... 11, 12, 35, 60. 467.75625 ...... do ...... 11, 12, 33, 35, 60. 467.7625 ...... do ...... 11, 12, 30, 35, 60. 467.76875 ...... do ...... 11, 12, 33, 35, 60. 467.775 ...... do ...... 11, 12, 35, 60. 467.78125 ...... do ...... 11, 12, 33, 35, 60. 467.7875 ...... do ...... 11, 12, 30, 35, 60. 467.79375 ...... do ...... 11, 12, 33, 35, 60. 467.800 ...... do ...... 11, 12, 35, 60. 467.80625 ...... do ...... 11, 12, 33, 35, 60. 467.8125 ...... do ...... 11, 12, 30, 35, 60. 467.81875 ...... do ...... 11, 12, 33, 35, 60. 467.825 ...... do ...... 11, 12, 35, 60. 467.83125 ...... do ...... 11, 12, 33, 35, 60. 467.8375 ...... do ...... 11, 12, 33, 35, 60. 467.850 ...... do ...... 11, 12, 35. 467.8625 ...... do ...... 67. 467.875 ...... do ...... 11, 12, 35. 467.8875 ...... do ...... 67. 467.900 ...... do ...... 11, 12, 35. 467.9125 ...... do ...... 67. 467.925 ...... do ...... 11, 12, 35. 467.93125 ...... do ...... 33. 467.9375 ...... do ...... 30, 67. 467.94375 ...... do ...... 33. 468.200 ...... do ...... 62. 468.20625 ...... do ...... 33, 62. 468.2125 ...... do ...... 30, 62. 468.21875 ...... do ...... 33, 62. 468.225 ...... do ...... 62. 468.23125 ...... do ...... 33, 62. 468.2375 ...... do ...... 30, 62. 468.24375 ...... do ...... 33, 62. 468.250 ...... do ...... 62. 468.25625 ...... do ...... 33, 62. 468.2625 ...... do ...... 30, 62. 468.26875 ...... do ...... 33, 62. 468.275 ...... do ...... 62. 468.28125 ...... do ...... 33, 62. 468.2875 ...... do ...... 30, 62. 468.29375 ...... do ...... 33, 62. 468.300 ...... do ...... 62. 468.30625 ...... do ...... 33, 62. 468.3125 ...... do ...... 30, 62. 468.31875 ...... do ...... 33, 62. 468.325 ...... do ...... 62. 468.33125 ...... do ...... 33, 62. 468.3375 ...... do ...... 30, 62. 468.34375 ...... do ...... 33, 62. 468.350 ...... do ...... 62. 468.35625 ...... do ...... 33, 62. 18912 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

468.3625 ...... do ...... 30, 62. 468.36875 ...... do ...... 33, 62. 468.375 ...... do ...... 62. 468.38125 ...... do ...... 33, 62. 468.3875 ...... do ...... 30, 62. 468.39375 ...... do ...... 33, 62. 468.400 ...... do ...... 62. 468.40625 ...... do ...... 33, 62. 468.4125 ...... do ...... 30, 62. 468.41875 ...... do ...... 33, 62. 468.425 ...... do ...... 62. 468.43125 ...... do ...... 33, 62. 468.4375 ...... do ...... 30, 62. 468.44375 ...... do ...... 33, 62. 468.450 ...... do ...... 62. 468.45625 ...... do ...... 33, 62. 468.4625 ...... do ...... 30, 62. 468.46875 ...... do ...... 33, 62. 468.475 ...... do ...... 62. 468.48125 ...... do ...... 33, 62. 468.4875 ...... do ...... 30, 62. 468.49375 ...... do ...... 33, 62. 468.500 ...... do ...... 62. 468.50625 ...... do ...... 33, 62. 468.5125 ...... do ...... 30, 62. 468.51875 ...... do ...... 33, 62. 468.525 ...... do ...... 62. 468.53125 ...... do ...... 33, 62. 468.5375 ...... do ...... 30, 62. 468.54375 ...... do ...... 33, 62. 468.550 ...... do ...... 62. 468.55625 ...... do ...... 33, 62. 468.5625 ...... do ...... 30, 62. 468.56875 ...... do ...... 33, 62. 468.575 ...... do ...... 62. 468.58125 ...... do ...... 33, 62. 468.5875 ...... do ...... 30, 62. 468.59375 ...... do ...... 33, 62. 468.600 ...... do ...... 62. 468.60625 ...... do ...... 33, 62. 468.6125 ...... do ...... 30, 62. 468.61875 ...... do ...... 33, 62. 468.625 ...... do ...... 62. 468.63125 ...... do ...... 33, 62. 468.6375 ...... do ...... 30, 62. 468.64375 ...... do ...... 33, 62. 468.650 ...... do ...... 62. 468.65625 ...... do ...... 33, 62. 468.6625 ...... do ...... 30, 62. 468.66875 ...... do ...... 33, 62. 468.675 ...... do ...... 62. 468.68125 ...... do ...... 33, 62. 468.6875 ...... do ...... 30, 62. 468.69375 ...... do ...... 33, 62. 468.700 ...... do ...... 62. 468.70625 ...... do ...... 33, 62. 468.7125 ...... do ...... 30, 62. 468.71875 ...... do ...... 33, 62. 468.725 ...... do ...... 62. 468.73125 ...... do ...... 33, 62. 468.7375 ...... do ...... 30, 62. 468.74375 ...... do ...... 33, 62. 468.750 ...... do ...... 62. 468.75625 ...... do ...... 33, 62. 468.7625 ...... do ...... 30, 62. 468.76875 ...... do ...... 33, 62. 468.775 ...... do ...... 62. 468.78125 ...... do ...... 33, 62. 468.7875 ...... do ...... 30, 62. 468.79375 ...... do ...... 33, 62. 468.800 ...... do ...... 62. 468.80625 ...... do ...... 33, 62. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18913

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

468.8125 ...... do ...... 30, 62. 468.81875 ...... do ...... 33, 62. 468.825 ...... do ...... 62. 468.83125 ...... do ...... 33, 62. 468.8375 ...... do ...... 30, 62. 468.84375 ...... do ...... 33, 62. 468.850 ...... do ...... 62. 468.85625 ...... do ...... 33, 62. 468.8625 ...... do ...... 30, 62. 468.86875 ...... do ...... 33, 62. 468.875 ...... do ...... 62. 468.88125 ...... do ...... 33, 62. 468.8875 ...... do ...... 30, 62. 468.89375 ...... do ...... 33, 62. 468.900 ...... do ...... 62. 468.90625 ...... do ...... 33, 62. 468.9125 ...... do ...... 30, 62. 468.91875 ...... do ...... 33, 62. 468.925 ...... do ...... 62. 468.93125 ...... do ...... 33, 62. 468.9375 ...... do ...... 30, 62. 468.94375 ...... do ...... 33, 62. 468.950 ...... do ...... 62. 468.95625 ...... do ...... 33, 62. 468.9625 ...... do ...... 30, 62. 468.96875 ...... do ...... 33, 62. 468.975 ...... do ...... 62. 468.98125 ...... do ...... 33, 62. 468.9875 ...... do ...... 30, 62. 468.99375 ...... do ...... 33, 62. 469.000 ...... do ...... 62. 469.00625 ...... do ...... 33, 62. 469.0125 ...... do ...... 30, 62. 469.01875 ...... do ...... 33, 62. 469.025 ...... do ...... 62. 469.03125 ...... do ...... 33, 62. 469.0375 ...... do ...... 30, 62. 469.04375 ...... do ...... 33, 62. 469.050 ...... do ...... 62. 469.05625 ...... do ...... 33, 62. 469.0625 ...... do ...... 30, 62. 469.06875 ...... do ...... 33, 62. 469.075 ...... do ...... 62. 469.08125 ...... do ...... 33, 62. 469.0875 ...... do ...... 30, 62. 469.09375 ...... do ...... 33, 62. 469.100 ...... do ...... 62. 469.10625 ...... do ...... 33, 62. 469.1125 ...... do ...... 30, 62. 469.11875 ...... do ...... 33, 62. 469.125 ...... do ...... 62. 469.13125 ...... do ...... 33, 62. 469.1375 ...... do ...... 30, 62. 469.14375 ...... do ...... 33, 62. 469.150 ...... do ...... 62. 469.15625 ...... do ...... 33, 62. 469.1625 ...... do ...... 30, 62. 469.16875 ...... do ...... 33, 62. 469.175 ...... do ...... 62. 469.18125 ...... do ...... 33, 62. 469.1875 ...... do ...... 30, 62. 469.19375 ...... do ...... 33, 62. 469.200 ...... do ...... 62. 469.20625 ...... do ...... 33, 62. 469.2125 ...... do ...... 30, 62. 469.21875 ...... do ...... 33, 62. 469.225 ...... do ...... 62. 469.23125 ...... do ...... 33, 62. 469.2375 ...... do ...... 30, 62. 469.24375 ...... do ...... 33, 62. 469.250 ...... do ...... 62. 469.25625 ...... do ...... 33, 62. 18914 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

469.2625 ...... do ...... 30, 62. 469.26875 ...... do ...... 33, 62. 469.275 ...... do ...... 62. 469.28125 ...... do ...... 33, 62. 469.2875 ...... do ...... 30, 62. 469.29375 ...... do ...... 33, 62. 469.300 ...... do ...... 62. 469.30625 ...... do ...... 33, 62. 469.3125 ...... do ...... 30, 62. 469.31875 ...... do ...... 33, 62. 469.325 ...... do ...... 62. 469.33125 ...... do ...... 33, 62. 469.3375 ...... do ...... 30, 62. 469.34375 ...... do ...... 33, 62. 469.350 ...... do ...... 62. 469.35625 ...... do ...... 33, 62. 469.3625 ...... do ...... 30, 62. 469.36875 ...... do ...... 33, 62. 469.375 ...... do ...... 62. 469.38125 ...... do ...... 33, 62. 469.3875 ...... do ...... 30, 62. 469.39375 ...... do ...... 33, 62. 469.400 ...... do ...... 62. 469.40625 ...... do ...... 33, 62. 469.4125 ...... do ...... 30, 62. 469.41875 ...... do ...... 33, 62. 469.425 ...... do ...... 62. 469.43125 ...... do ...... 33, 62. 469.4375 ...... do ...... 30, 62. 469.44375 ...... do ...... 33, 62. 469.450 ...... do ...... 62. 469.45625 ...... do ...... 33, 62. 469.4625 ...... do ...... 30, 62. 469.46875 ...... do ...... 33, 62. 469.475 ...... do ...... 62. 469.48125 ...... do ...... 33, 62. 469.4875 ...... do ...... 30, 62. 469.500 ...... do ...... 10, 30, 34. 469.5125 ...... do ...... 30, 62. 469.51875 ...... do ...... 33, 62. 469.525 ...... do ...... 62. 469.53125 ...... do ...... 33, 62. 469.5375 ...... do ...... 30, 62. 469.550 ...... do ...... 10, 30, 34. 469.5625 ...... do ...... 30, 62. 469.56875 ...... do ...... 33, 62. 469.575 ...... do ...... 62. 469.58125 ...... do ...... 33, 62. 469.5875 ...... do ...... 30, 62. 469.59375 ...... do ...... 33, 62. 469.600 ...... do ...... 62. 469.60625 ...... do ...... 33, 62. 469.6125 ...... do ...... 30, 62. 469.61875 ...... do ...... 33, 62. 469.625 ...... do ...... 62. 469.63125 ...... do ...... 33, 62. 469.6375 ...... do ...... 30, 62. 469.64375 ...... do ...... 33, 62. 469.650 ...... do ...... 62. 469.65625 ...... do ...... 33, 62. 469.6625 ...... do ...... 30, 62. 469.66875 ...... do ...... 33, 62. 469.675 ...... do ...... 62. 469.68125 ...... do ...... 33, 62. 469.6875 ...... do ...... 30, 62. 469.69375 ...... do ...... 33, 62. 469.700 ...... do ...... 62. 469.70625 ...... do ...... 33, 62. 469.7125 ...... do ...... 30, 62. 469.71875 ...... do ...... 33, 62. 469.725 ...... do ...... 62. 469.73125 ...... do ...... 33, 62. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18915

INDUSTRIAL/BUSINESS POOL FREQUENCY TABLEÐContinued

Frequency or band Class of station(s) Limitations Coordinator

469.7375 ...... do ...... 30, 62. 469.74375 ...... do ...... 33, 62. 469.750 ...... do ...... 62. 469.75625 ...... do ...... 33, 62. 469.7625 ...... do ...... 30, 62. 469.76875 ...... do ...... 33, 62. 469.775 ...... do ...... 62. 469.78125 ...... do ...... 33, 62. 469.7875 ...... do ...... 30, 62. 469.79375 ...... do ...... 33, 62. 469.800 ...... do ...... 62. 469.80625 ...... do ...... 33, 62. 469.8125 ...... do ...... 30, 62. 469.81875 ...... do ...... 33, 62. 469.825 ...... do ...... 62. 469.83125 ...... do ...... 33, 62. 469.8375 ...... do ...... 30, 62. 469.84375 ...... do ...... 33, 62. 469.850 ...... do ...... 62. 469.85625 ...... do ...... 33, 62. 469.8625 ...... do ...... 30, 62. 469.86875 ...... do ...... 33, 62. 469.875 ...... do ...... 62. 469.88125 ...... do ...... 33, 62. 469.8875 ...... do ...... 30, 62. 469.89375 ...... do ...... 33, 62. 469.900 ...... do ...... 62. 469.90625 ...... do ...... 33, 62. 469.9125 ...... do ...... 30, 62. 469.91875 ...... do ...... 33, 62. 469.925 ...... do ...... 62. 469.93125 ...... do ...... 33, 62. 469.9375 ...... do ...... 30, 62. 469.94375 ...... do ...... 33, 62. 469.950 ...... do ...... 62. 469.95625 ...... do ...... 33, 62. 469.9625 ...... do ...... 30, 62. 469.96875 ...... do ...... 33, 62. 469.975 ...... do ...... 62. 469.98125 ...... do ...... 33, 62. 470 to 512 ...... Base or mobile ...... 70. 806 to 821 ...... Mobile ...... 71. 851 to 866 ...... Base or mobile ...... 71. 896 to 901 ...... Mobile ...... 71. 928 and above ...... Operational fixed ...... 72. 929 to 930 ...... Base only ...... 73. 935 to 940 ...... Base or mobile ...... 71. 1,427 to 1,435 ...... Base, or mobile operational fixed ...... 55 . 2,450 to 2,500 ...... Base or mobile ...... 74. 8,400 to 8,500 ...... do ...... 75. 10,550 to 10, 680 ...... do ...... 76.

(c) Explanation of assignment (D) The repair of telecommunications and power pool distribution of electric limitations appearing in the frequency circuits. power; table of paragraph (b)(3) of this section: (ii) Except as provided in this part, (B) Providing operational circuits (1) Use of this frequency is permitted licensees may not use these frequencies during exploration; as follows: in the place of other operational circuits (C) Coordinating the repair of inter- (i) Only entities engaged in the permitted by the Commission’s rules. utility, intra-utility, and power pool following activities are eligible to use Circuits operating on these frequencies electric power distribution networks, or this spectrum, and then only in the repair of pipelines; may be used only for the following accordance with § 90.266: (D) Exploratory efforts in mining for purposes: (A) Prospecting for petroleum, natural solid fuels, minerals, and metals gas or petroleum products; (A) Providing standby backup important to the national interest; (B) Distribution of electric power or communications for circuits which have (E) Repair of pipelines used for the the distribution by pipeline of fuels or been disrupted and which directly affect transmission of fuel or water; water; the safety of life, property, or the (F) Services supporting the (C) Exploration, its support services, national interest or are used for exploration for energy or mineral and the repair of pipelines; or coordinating inter-utility, intra-utility, resources important to the national 18916 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations interest, without which such of this frequency are required to forego (17) This frequency will be assigned exploration cannot be conducted; or its use should oil spill containment and only to stations used in itinerant (G) Coordinating the repair of wireline cleanup activities be present in their operations. or point-to-point microwave circuits. area of operation or upon notice by the (18) This frequency is also used on a (2) Use of this frequency is limited to Commission or a primary user that secondary basis for cordless telephones an amplitude modulation mode of harmful interference is being caused to under part 15 of this chapter. operation. oil spill containment or cleanup (19) In addition to single frequency (3) This frequency is available for activities in other areas. operation, this frequency is available to assignment only to stations utilized for (9) Operation on this frequency is base and mobile stations for the paired geophysical purposes. secondary to stations in the maritime frequency mode of operation. For two (4) Geophysical operations may use mobile service operating in accordance frequency systems, the separation tone or impulse signaling for purposes with the International table of frequency between base and mobile transmit other than indicating failure of allocations. frequencies is 500 kHz with the base equipment or abnormal conditions on (10) This frequency will be assigned stations transmitting on the higher of this frequency. All such tone or impulse only to stations used in itinerant the two frequencies. signaling shall be on a secondary basis operations, except within 56 km (35 (20) In the State of Alaska only, the and subject to the following limitations: miles) of Detroit, Mich., where it may be frequency 44.10 MHz is available for (i) Maximum duration of a single non- assigned for either itinerant or assignment on a primary basis to voice transmission may not exceed 3 permanent area operations (i.e., general stations in the Common Carrier Rural minutes; use). Radio Service utilizing meteor burst (ii) The bandwidth utilized for (11) Operation on this frequency is communications. The frequency may be secondary tone or impulse signaling limited to a maximum output power of used by private radio stations for meteor shall not exceed that authorized to the 2 watts; and each station authorized will burst communications on a secondary, licensee for voice emission on the be classified and licensed as a mobile non-interference basis. Usage shall be in frequency concerned; station. Any units of such a station, accordance with part 22 of this chapter (iii) Frequency loading resulting from however, may provide the operational and this part 90. Stations utilizing the use of secondary tone or impulse functions of a base or fixed station on meteor burst communications shall not signaling will not be considered in a secondary basis to mobile service cause harmful interference to stations of whole or in part, as a justification for operations, Provided, that the separation other radio services operating in authorizing additional frequencies in between the control point and the center accordance with the allocation table. the licensee’s mobile service system; of the radiating portion of the antenna (21) In the State of Alaska only, the and of any units so used does not exceed 8 frequency 44.20 MHz is available for (iv) The maximum transmitter output m (25 ft.). power for tone or impulse transmissions (12) This frequency may not be used assignment on a primary basis to private shall not exceed 50 watts. aboard aircraft in flight. land mobile radio stations utilizing (5) Frequencies below 25 MHz will be (13) This frequency is shared with the meteor burst communications. The assigned to base or mobile stations only Public Safety Pool. frequency may be used by common upon a satisfactory showing that, from (14) Operation on this frequency is carrier stations for meteor burst a safety of life standpoint, frequencies limited to a maximum output power of communications on a secondary, above 25 MHz will not meet the 1 watt and each station authorized will noninterference basis. Usage shall be in operational requirements of the be classified and licensed as a mobile accordance with part 22 of this chapter applicant. station. Any units of such a station, and this part 90. Stations utilizing (6) Frequencies may be assigned in however, may provide the operational meteor burst communications shall not pairs with the separation between base functions of a base of fixed station on cause harmful interference to stations of and mobile transmit frequencies being a secondary basis to mobile service other radio services operating in 5.26 MHz. A mobile station may be operations, Provided, That the accordance with the allocation table. assigned the frequency which would separation between the control point (22) The frequencies available for use normally be assigned to a base station and the center of the radiating portion at operational fixed stations in the band for single-frequency operation. of the antenna of any units so used does 72–76 MHz are listed in § 90.257(a)(1). However, this single-frequency not exceed 8 m (25 ft.). These frequencies are shared with other operation may be subject to interference (15) This Government frequency is services and are available only in that would not occur to a two-frequency available for shared Government/non- accordance with the provisions of system. Government use by stations engaged in § 90.257. Seismic telemetry transmitters (7) This frequency is available for oil spill containment and cleanup type accepted with 1 watt or less power assignment to geophysical stations on a operations and for training and drills and a frequency tolerance not exceeding secondary basis to other licensees. essential in the preparation for +/¥0.005% may be used as temporary Geophysical stations must cease containment and cleanup of oil spills. operational fixed stations. operations on this frequency Such use will be confined to inland and (23) This frequency is shared with immediately upon receiving notice that coastal waterways. fixed stations in other services and is interference is being caused to mobile (16) This frequency may be assigned subject to no protection from service stations. only to stations operating in an interference. (8) This frequency is primarily interconnected or coordinated utility (24) All operations on this frequency available for oil spill containment and system in accordance with an are subject to the provisions of cleanup operations and for training and operational communications plan which § 90.257(b). drills essential in the preparations for sets forth all points of communications. (25) This frequency is shared with the the containment and cleanup of oil Authorizations at variance with an Radio Control (R/C) Service, of the part spills. It is secondarily available for established operational communications 95 Personal Radio Services, where it is general base-mobile operations on a plan will be made only on a secondary used solely for the radio control of noninterference basis. Secondary users basis. models. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18917

(26) Pulsed modulations will not be or C of this part, to representatives of subject to paragraphs (c)(41), (42), (43), authorized on this frequency. Federal Government agencies, and (46), and (47) of this section. (27) Assignment of frequencies in this foreign governments and their (44) The maximum output power of band are subject to the provisions of representatives. the transmitter may not exceed 50 watts § 90.173. In the 150–170 MHz band, (37) This frequency is available on a for fixed stations and 1 watt for mobile licensees as of August 18, 1995 who secondary basis to one-way paging stations. A1A, A1D, A2B, A2D, F1B, operate systems that are 2.5 kHz communications. F1D, F2B, F2D, G1B, G1D, G2B, or G2D removed from regularly assignable (38) This frequency will not be emission may be authorized, and mobile frequencies may continue to operate on assigned to stations for use at temporary stations used to control remote objects a secondary, non-interference basis after locations. and devices may be operated in the August 1, 2003. (39) For FM transmitters the sum of continuous transmit mode. (28) In Puerto Rico and the Virgin the highest modulating frequency and (45) Authorizations to operate on this Islands this frequency is subject to the the amount of frequency deviation may frequency will be issued on a secondary following: not exceed 2.8 kHz and the maximum basis for A2B, A2D, F2B or F2D (i) This frequency is assigned only for frequency deviation may not exceed 2.5 emission for tone signaling or for a one-way paging communications to kHz. For AM transmitters the highest combination of such emission with A3E, mobile receivers. Only A1D, A2D, A3E, modulating frequency may not exceed F3E or G3E emission with a maximum F1D, F2D, F3E, or G3E emissions may 2.0 kHz. The carrier frequency must be bandwidth of 20 kHz. The output power be authorized. Licensees may provide maintained within 0.0005 percent, and shall not exceed 2 watts. The maximum one-way paging communications on this the authorized bandwidth may not distance between any transmitter and frequency to individuals, persons exceed 6 kHz. the center of the radiating portion of its eligible for licensing under subparts B (40) This frequency is shared with the antenna shall not exceed 8 m. (25 ft.). or C of this part, to representatives of Public Safety Pool for remote control (46) This frequency is limited to a Federal Government agencies, and and telemetry operations. maximum power of 20 watts. foreign governments and their (41) Operational fixed stations must (47) This frequency may be used for representatives; and employ directional antennas having a mobile operation for remote control and (ii) This frequency will not be front-to-back ratio of at least 20 dB. telemetering functions. A1D, A2D, F1D, assigned to stations for use at temporary Omnidirectional antennas having unity or F2D emission may be authorized. The locations. gain may be employed for stations use of the continuous carrier transmit (29) This frequency will be authorized communicating with at least three mode for these purposes is permitted a channel bandwidth of 25 kHz. Except receiving locations separated by 160 only for stations authorized and when limited elsewhere, one-way deg. of azimuth. continuously licensed since before May paging transmitters on this frequency (42) The maximum effective radiated 21, 1971. may operate with an output power of power (ERP) may not exceed 20 watts (48) Except as noted in paragraph 350 watts. for fixed stations and 2 watts for mobile (c)(61) of this section, operation on this (30) This frequency will be assigned stations. The height of the antenna frequency is limited to a maximum with an authorized bandwidth not to system may not exceed 15.24 meters (50 output power of 20 watts. exceed 11.25 kHz. In the 450–470 MHz ft.) above the ground. All such operation (49) Operation on this frequency is band, secondary telemetry operations is on a secondary basis to adjacent limited to a maximum output power of pursuant to § 90.238(e) will be channel land mobile operations. 75 watts. authorized on this frequency. (43) This frequency is available for the (50) This frequency may also be used (31) Use of this frequency is limited following: for the transmission of tone or voice to stations located in Puerto Rico and (i) Assignment to multiple address communications, including such the Virgin Islands. fixed stations employing communications when prerecorded, for (32) This frequency is not available to omnidirectional antennas used for purposes of automatically indicating stations located in Puerto Rico and the power utility peak load shaving and abnormal conditions of trackage and Virgin Islands. shedding and to mobile stations used for railroad rolling stock when in motion, (33) This frequency will be assigned the remote control of objects and on a secondary basis to other stations on with an authorized bandwidth not to devices. The maximum power that may this frequency. All such operations shall exceed 6 kHz. be authorized to fixed stations is 300 be subject to the following: (34) Operation on this frequency is watts output, and the maximum power (i) The output power shall not exceed limited to a maximum output power of that may be authorized for mobile 30 watts; 35 watts. stations is 1 watt output. This frequency (ii) The bandwidth used shall not (35) This frequency may be used for may also be assigned to operational exceed that authorized to the licensee mobile operation for radio remote fixed stations employing directional for voice transmissions on the frequency control and telemetering functions. antenna systems (front-to-back ratio of concerned; A1D, A2D, F1D, or F2D emission may 20 dB) when such stations are located (iii) The station shall be so designed be authorized and mobile stations used at least 120 km. (75 mi.) from the and installed that it can normally be to control remote objects or devices may boundaries of any urbanized area of activated only by its associated be operated on the continuous carrier 200,000 or more population. (U.S. automatic control equipment and, in transmit mode. Census of Population, 1960). The addition, it shall be equipped with a (36) This frequency is assigned only maximum power output of the time delay or clock device which will for one-way paging communications to transmitter for such fixed stations may deactivate the station within three (3) mobile receivers. Only A1D, A2D, A3E, not exceed 50 watts. A1A, A1D, A2B, minutes following activation by the last F1D, F2D, F3E, or G3E emissions may A2D, F1B, F1D, F2B, F2D, G1B, G1D, car in the train; and be authorized. Licensees may provide G2B, or G2D emission may be (iv) Stations authorized pursuant to one-way paging communications on this authorized; or the provisions of this paragraph are frequency to individuals, persons (ii) On a secondary basis for remote exempt from the station identification eligible for licensing under subparts B control and telemetry operations, requirements of § 90.425. 18918 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

(51) In Puerto Rico and the Virgin maximum of two frequencies and must Mobile Islands only, this frequency is available employ directional antennas with a Mobile relay (MHz) (MHz) on a shared basis with remote pickup front-to-back ratio of at least 15 dB. The broadcast stations. centers of urbanized areas of 200,000 or 457.5625 ...... 467.7875 (52) In Puerto Rico and the Virgin more population are determined from 457.56875 ...... 467.79375 Islands only, this frequency is available 457.575 ...... 467.800 the appendix, page 226, of the U.S. 457.58125 ...... 467.80625 to all stations operating in the Commerce publication, ‘‘Air Line 457.5875 ...... 467.8125 Industrial/Business Pool. Distance Between Cities in the United 457.59375 ...... 467.81875 (53) Frequencies in this band will be States.’’ Urbanized areas of 200,000 or 457.600 ...... 467.825 assigned only for transmitting more population are defined in the U.S. 457.60625 ...... 467.83125 hydrological or meteorological data or Census of Population, 1960, volume 1, 457.6125 for low power wireless microphones in table 23, page 1–50. 457.61875 accordance with the provisions of (59) This frequency may be assigned § 90.265. primarily for stations used for the (ii) For single frequency simplex: Use (54) For FM transmitters the sum of purpose of controlling slave locomotives mobile relay frequencies. The effective the highest modulating frequency and that are placed within a train to assist radiated power (ERP) on any frequency the amount of frequency deviation may the lead locomotive by providing, shall not exceed 2 watts. The center of not exceed 1.7 kHz and the maximum among other functions, auxiliary the radiating system of the on-board deviation may not exceed 1.2 kHz. For starting, pulling, and braking actions. repeater antenna shall be located no AM transmitters the highest modulating Additionally, on a secondary basis this more than 3 m (10 ft.) above the vessel’s frequency may not exceed 1.2 kHz. The frequency may be assigned for remote highest working deck. carrier frequency must be maintained control of all types of locomotives and, (61) This frequency is available for within 0.0005 percent and the within a railroad yard or terminal area, assignment as follows: authorized bandwidth may not exceed 3 for remote control of cab indicator (i) To persons furnishing commercial kHz. devices placed with a locomotive to give air transportation service or, pursuant to (55) This band is available to stations § 90.179, to an entity furnishing radio operating in this service subject to the visual signals to the operator of the locomotive. (A1, A2, F1 or F2 emissions communications service to persons so provisions of § 90.259. engaged, for stations located on or near (56) Subpart T of this part contains may be authorized.) the airports listed in paragraph rules for assignment of frequencies in (60)(i) Frequencies subject to this (c)(61)(iv) of this section. Stations will the 220–222 MHz band. assignment limitation are herein (57) The requirements for secondary considered collectively for use for be authorized on a primary basis and fixed use of frequencies in this band are communications concerned with cargo may be used only in connection with set forth in § 90.261. handling from a dock, or a cargo the servicing and supplying of aircraft. (58) Operational fixed assignments on handling facility, to a vessel alongside. (ii) To stations in the Industrial/ this frequency will only be made to an Any number of the frequencies may be Business Pool for secondary use at itinerant fixed control or relay station authorized to one licensee for the locations 80 km (50 mi) or more from on a secondary basis to land-mobile purpose. Mobile relay stations may be the coordinates of the listed airports at stations in the Industrial/Business Pool, temporarily installed at or in the a maximum ERP of 300 watts. provided that the fixed relay or control vicinity of a dock or cargo handling (iii) To stations in the Industrial/ station is to be associated with base and facility and used when a vessel is Business Pool for secondary use at mobile facilities authorized to use other alongside the dock or cargo handling locations 16 km (10 mi) or more from frequencies available for itinerant facility. the coordinates of the listed airports at operation in the Industrial/Business a maximum transmitter output power of Pool. All such use of these frequencies Mobile relay (MHz) Mobile 2 watts. Use of the frequency is for fixed systems is limited to locations (MHz) restricted to the confines of an industrial complex or manufacturing 161 or more km. (100 mi.) from the 457.525 ...... 467.750 center of any urbanized area of 200,000 457.53125 ...... 467.75625 yard area. Stations licensed prior to or more population, except that the 457.5375 ...... 467.7625 April 17, 1986 may continue to operate distance may be 120 km. (75 mi.) if the 457.54375 ...... 467.76875 with facilities authorized as of that date. output power does not exceed 20 watts. 457.550 ...... 467.775 (iv) The airports and their respective All such fixed systems are limited to a 457.55625 ...... 467.78125 reference coordinates are:

Reference coordinate City and airport Latitude Longitude

Akron, OH: Akron-Canton Regional (CAK) ...... 40°55′01′′ N 81°26′30′′ W Albany-Troy-Schenectady, NY: Albany County (ALB) ...... 42°44′53′′ N 73°48′12′′ W Albuquerque, NM: Albuquerque International (ABQ) ...... 35°02′30′′ N 106°36′23′′ W Allentown-Bethlehem, PA: Allentown-Bethlehem-Easton (ABE) ...... 40°39′11′′ N 75°26′25′′ W Anchorage, AK: Anchorage International (ANC) ...... 61°10′30′′ N 149°59′38′′ W Atlanta, GA: Atlanta International (ATL) ...... 33°38′25′′ N 84°25′37′′ W Dekalb-Peachtree (PDK) ...... 33°52′30′′ N 84°18′08′′ W Fulton County (FTY) ...... 33°46′45′′ N 84°31′17′′ W Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18919

Reference coordinate City and airport Latitude Longitude

Baltimore, MD: Baltimore-Washington Int'l (BWI) ...... 39°10′30′′ N 76°40′10′′ W Birmingham, AL: Birmingham Municipal (BHM) ...... 33°33′50′′ N 86°45′16′′ W Boston, MA: Logan International (BOS) ...... 42°21′51′′ N 71°00′21′′ W Bridgeport, CT: Sikorsky Memorial (BDR) ...... 41°09′49′′ N 73°07′35′′ W Buffalo, NY: Greater Buffalo Int'l (BUF) ...... 42°56′26′′ N 78°43′57′′ W Canton, OH: Akron-Canton Regional (CAK) ...... 40°55′01′′ N 81°26′30′′ W Charlotte, NC: Charlotte-Douglas Int'l (CLT) ...... 35°12′52′′ N 80°56′37′′ W Chattanooga, TN: Lovell (CHA) ...... 35°02′07′′ N 85°12′15′′ W Chicago, IL-Northwest, IN: Chicago-Wheeling-Palwaukee (PWK) ...... 42°06′48′′ N 87°54′03′′ W Meigs (CGX) ...... 41°51′32′′ N 87°36′28′′ W Michiana Regional (SBN) ...... 41°42′18′′ N 86°18′59′′ W Midway (MDW) ...... 41°47′10′′ N 87°45′08′′ W O'Hare International (ORD) ...... 41°58′48′′ N 87°54′16′′ W West Chicago-Dupage (DPE) ...... 41°54′52′′ N 88°14′47′′ W Cincinnati, OH: Greater Cincinnati Int'l (CVG) ...... 39°14′59′′ N 84°23′14′′ W Lunken (LUK) ...... 39°06′12′′ N 84°25′08′′ W Cleveland, OH: Burke Lakefront (BKL) ...... 41°31′03′′ N 81°41′01′′ W Cuyahoga County (CGF) ...... 41°33′54′′ N 81°29′11′′ W Hopkins International (CLE) ...... 41°24′38′′ N 81°50′58′′ W Columbus, OH: Port Columbus Int'l (CMH) ...... 39°59′42′′ N 82°53′11′′ W Dallas, TX: Addison (ADS) ...... 32°58′06′′ N 96°50′10′′ W Dallas-Ft. Worth Regional (DFW) ...... 32°53′45′′ N 97°02′10′′ W Dallas-Love Field (DAL) ...... 32°50′49′′ N 96°51′05′′ W Red Bird (RBD) ...... 32°40′49′′ N 96°52′02′′ W Davenport, IA (Rock Island, Moline, IL): Davenport Municipal (DVN) ...... 41°36′42′′ N 90°35′21′′ W Quad City (MLI) ...... 41°26′56′′ N 90°30′35′′ W Dayton, OH: Dayton International (DAY) ...... 39°54′04′′ N 84°13′12′′ W Denver, CO: Centennial (APA) ...... 39°34′19′′ N 104°50′54′′ W Colorado Springs Municipal (COS) ...... 38°48′31′′ N 104°42′5′′ W Denver-Jeffco (BJC) ...... 39°54′28′′ N 105°26′53′′ W Stapleton International (DEN) ...... 39°46′ 22′′ N 104°52′ 38′′ W Des Moines, IA: Des Moines Municipal (DSM) ...... 41°32′06′′ N 93°39′38′′ W Detroit, MI: Detroit City (DET) ...... 42°24′33′′ N 83°00′36′′ W Detroit Metro-Wayne County (DTW) ...... 42°12′55′′ N 83°20′55′′ W Oakland-Pontiac (PTK) ...... 42°39′54′′ N 83°25′05′′ W Willow Run (YIP) ...... 42°14′16′′ N 83°31′50′′ W El Paso, TX: El Paso International (ELP) ...... 31°48′24′′ N 106°22′38′′ W Flint, MI: Bishop (FNT) ...... 42°57′56′′ N 83°44′37′′ W Ft. Lauderdale-Hollywood, FL: Ft. Lauderdale Executive (FXE) ...... 26°11′49′′ N 80°10′15′′ W Ft. Lauderdale-Hollywd Int'l (FLL) ...... 26°04′19′′ N 80°09′13′′ W Ft. Worth, TX: Meacham (FTW) ...... 32°49′09′′ N 97°21′41′′ W Fresno, CA: Chandler Downtown (FCH) ...... 36°43′56′′ N 119°49′08′′ W Fresno Air Terminal (FAT) ...... 36°46′36′′ N 119°43′02′′ W Grand Rapids, MI: Kent County Int'l (GRR) ...... 42°52′57′′ N 85°31′26′′ W Hana, HI: Hana (HNN) ...... 20°47′56′′ N 156°01′02′′ W Harrisburg, PA: Capital City (CXY) ...... 40°13′01′′ N 76°51′06′′ W 18920 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

Reference coordinate City and airport Latitude Longitude

Harrisburg Int'l (MDT) ...... 40°11′36′′ N 76°45′49′′ W Hartford, CT (Windsor Locks): Bradley Int'l (BDL) ...... 41°56′20′′ N 72°41′01′′ W Hartford-Brainard (HFD) ...... 41°44′10′′ N 72°39′02′′ W Hilo, HI: General Lyman Field (ITO) ...... 19°43′24′′ N 155°03′05′′ W Honolulu, HI: Honolulu International (HNL) ...... 21°19′20′′ N 157°55′27′′ W Houston, TX: W.P. Hobby (HOU) ...... 29°38′43′′ N 95°16′43′′ W D.W. Hooks Memorial (DWH) ...... 30°03′50′′ N 95°33′11′′ W Houston Intercontinental (IAH) ...... 29°58′55′′ N 95°20′45′′ W Indianapolis, IN: Indianapolis Int'l (IND) ...... 39°43′32′′ N 86°17′02′′ W Jacksonville, FL: Craig Municipal (CRG) ...... 30°20′10′′ N 81°30′53′′ W Jacksonville Int'l (JAX) ...... 30°29′33′′ N 81°41′24′′ W Kahului, HI: Kahului (OGG) ...... 20°54′07′′ N 156°25′59′′ W Kailula-Kona, HI: Ke-Ahole (KOA) ...... 19°44′08′′ N 156°25′06′′ W Kameula, HI: Waimea-Kohala (MUE) ...... 20°00′16′′ N 155°40′15′′ W Kansas City, MO-KS: Fairfax Municipal (KCK) ...... 39°08′50′′ N 94°56′14′′ W Kansas City Int'l (MCI) ...... 39°17′57′′ N 94°43′04′′ W Kansas City Municipal Dntn (MKC) ...... 39°07′24′′ N 94°35′33′′ W Richard-Gebaur (GBW) ...... 38°50′37′′ N 94°33′37′′ W Kauna Kakai, HI: Molokai (MKK) ...... 21°09′22′′ N 157°55′07′′ W Las Vegas, NV: McCarran Int'l (LAS) ...... 36°04′58′′ N 115°09′13′′ W Lihue, HI: Lihue (LIH) ...... 21°58′42′′ N 159°20′40′′ W Los Angeles, CA: Burbank-Glendale-Pasadena (BUR) ...... 34°21′02′′ N 118°21′27′′ W Catalina (AVX) ...... 33°24′20′′ N 118°24′50′′ W Long Beach-Daugherty Field (LGB) ...... 33°49′03′′ N 118°09′03′′ W Los Angeles Int'l (LAX) ...... 33°56′33′′ N 118°24′26′′ W Ontario Int'l (ONT) ...... 34°03′22′′ N 117°36′11′′ W Santa Ana-John Wayne-Orange City (SNA) ...... 33°40′32′′ N 117°52′02′′ W Louisville, KY: Standiford Field (SDF) ...... 38°10′40′′ N 85°44′11′′ W Memphis, TN: Memphis Int'l (MEM) ...... 35°02′59′′ N 89°58′43′′ W Miami, FLA: Miami Int'l (MIA) ...... 25°47′34′′ N 80°17′26′′ W Opa Locka (OPF) ...... 25°54′25′′ N 80°16′50′′ W Tamiami (TMB) ...... 25°38′51′′ N 80°25′59′′ W Milwaukee, WI: General Mitchell (MKE) ...... 42°56′49′′ N 87°53′49′′ W Minneapolis-St. Paul, MN: Minneapolis-St. Paul (MSP) ...... 44°53′03′′ N 93°12′54′′ W Mobile, AL: Bates Field (MOB) ...... 30°41′23′′ N 88°14′31′′ W Nashville, TN: Nashville Metropolitan (BNA) ...... 36°07′37′′ N 86°40′53′′ W New Haven, CT: Tweed-New Haven Municipal (HVN) ...... 41°15′50′′ N 72°53′15′′ W New Orleans, LA: Lakefront (NEW) ...... 30°02′33′′ N 90°01′41′′ W New Orleans Int'l (MSY) ...... 29°59′34′′ N 90°15′23′′ W Newport News-Hampton,VA: Patrick Henry Int'l (PHF) ...... 37°07′54′′ N 76°29′36′′ W New York-Northeast, NJ: Farmingdale Republic (FRG) ...... 40°43′43′′ N 73°24′50′′ W JFK International (JFK) ...... 40°38′25′′ N 73°46′42′′ W LaGuardia (LGA) ...... 40°46′38′′ N 73°52′27′′ W Long Island-McArthur (ISP) ...... 40°47′44′′ N 73°06′00′′ W Morristown Municipal (NJ) (MMU) ...... 40°47′57′′ N 74°24′55′′ W Newark Int'l (FWR) ...... 40°41′35′′ N 74°10′07′′ W Teterboro (NJ) (TEB) ...... 40°51′00′′ N 74°03′41′′ W Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18921

Reference coordinate City and airport Latitude Longitude

Norfolk-Portsmouth, VA: Norfolk Int'l (ORF) ...... 36°53′40′′ N 76°12′06′′ W Oklahoma City, OK: Wiley Post (DWA) ...... 35°32′03′′ N 97°38′48′′ W Will Rogers World (OKC) ...... 35°23′35′′ N 97°36′02′′ W Omaha, NE: Eppley Airfield (OMA) ...... 41°18′04′′ N 95°53′36′′ W Orlando, FL: Orlando Executive (ORL) ...... 28°32′43′′ N 81°19′59′′ W Orlando Int'l (MCO) ...... 28°25′54′′ N 81°19′59′′ W Philadelphia, PA-NJ: Northeast Philadelphia (PNE) ...... 40°04′55′′ N 75°00′40′′ W Philadelphia Int'l (PHC) ...... 39°52′13′′ N 75°14′43′′ W Phoenix, AZ: Phoenix-Sky Habor Int'l (PHX) ...... 33°26′10′′ N 112°00′32′′ W Scottsdale Municipal (SDC) ...... 33°37′22′′ N 111°54′35′′ W Pittsburgh, PA: Allegheny County (AGC) ...... 40°21′16′′ N 79°55′49′′ W Greater Pittsburgh Int'l (PIT) ...... 40°29′30′′ N 80°13′55′′ W Portland, OR: Portland-Hillsboro (HIO) ...... 45°32′26′′ N 122°56′55′′ W Portland International (PDX) ...... 45°35′20′′ N 122°35′47′′ W Portland-Troutdale (TTD) ...... 45°32′58′′ N 122°24′00′′ W Providence-Pawtucket, RIÐMA: North Central State (SFZ) ...... 41°55′15′′ N 71°29′30′′ W T.F. Green State (PVD) ...... 41°43′31′′ N 71°25′41′′ W Reno, NV: Reno International (RNO) ...... 39°29′52′′ N 119°46′04′′ W Richmond, VA: Byrd International (RIC) ...... 37°30′18′′ N 77°19′12′′ W Rochester, NY: Rochester-Monroe County (ROC) ...... 43°07′08′′ N 77°40′22′′ W Sacramento, CA: Sacramento Executive (SAC) ...... 38°30′45′′ N 121°29′33′′ W Sacramento Metropolitan (SMF) ...... 38°41′44′′ N 121°36′01′′ W St. Louis, MO±IL: Spirit of St. Louis (SUS) ...... 38°39′36′′ N 90°38′43′′ W St. Louis-Lambert Int'l (STC) ...... 38°44′51′′ N 90°21′39′′ W St. Petersburg, FL: Albert Whitted Municipal (SPG) ...... 27°45′53′′ N 82°37′39′′ W Clearwater Int'l (PIE) ...... 27°54′38′′ N 82°41′16′′ W Salt Lake City, UT: Salt Lake City Int'l (SLC) ...... 40°47′13′′ N 111°58′05′′ W San Antonio, TX: San Antonio Int'l (SAT) ...... 29°32′00′′ N 98°28′10′′ W San Bernardino, CA: Ontario Int'l (ONT) ...... 34°03′22′′ N 117°36′11′′ W San Diego, CA: Lindbergh Int'l (SAN) ...... 32°44′01′′ N 117°11′12′′ W San Francisco-Oakland, CA: Metropolitan Oakland Int'l (OAK) ...... 37°43′17′′ N 122°13′11′′ W San Francisco Int'l (SFO) ...... 37°37′08′′ N 122°22′26′′ W San Jose, CA: San Jose Int'l (SJC) ...... 37°21′41′′ N 121°55′38′′ W Scranton, PA: Wilkes-Barre Scranton Int'l (AVP) ...... 41°20′20′′ N 75°43′27′′ W Seattle, WA: King County Int'l (BFI) ...... 47°31′49′′ N 122°18′03′′ W Seattle-Tacoma Int'l (SEA) ...... 47°26′57′′ N 122°18′29′′ W Shreveport, LA: Shreveport Downtown (DTN) ...... 32°32′23′′ N 93°44′40′′ W Shreveport Regional (SHV) ...... 32°26′48′′ N 93°49′30′′ W South Bend, IN: Michiana Regional (SBW) ...... 41°42′18′′ N 86°18′59′′ W Spokane, WA: Grant County (MWH) ...... 47°12′28′′ N 119°19′08′′ W Spokane Int'l (GEG) ...... 47°37′12′′ N 117°31′58′′ W Springfield, MA: Barnes Municipal (BAF) ...... 42°09′28′′ N 72°42′58′′ W Westover Field (CEF) ...... 42°11′52′′ N 72°31′50′′ W Syracuse, NY: Syracuse-Hancock Int'l (SYR) ...... 43°06′44′′ N 76°06′32′′ W 18922 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

Reference coordinate City and airport Latitude Longitude

Tacoma, WA: Tacoma Narrows (TIW) ...... 47°16′05′′ N 122°34′37′′ W Tampa, FL: Tampa Int'l (TPA) ...... 27°58′31′′ N 82°32′00′′ W Toledo, OH: Toledo Express (TOL) ...... 41°35′15′′ N 83°48′19′′ W Trenton, NJ-PA: Mercer County (TTN) ...... 40°16′38′′ N 74°48′50′′ W Tucson, AZ: Tucson Int'l (TUS) ...... 32°07′06′′ N 110°56′35′′ W Tulsa, OK: R.L. Jones, Jr. (RVS) ...... 36°02′18′′ N 95°59′05′′ W Tulsa Int'l (TUL) ...... 36°11′54′′ N 95°53′16′′ W Washington, DC: Dulles International (IAD) ...... 38°56′39′′ N 77°27′26′′ W National (DCA) ...... 38°51′07′′ N 77°02′17′′ W Wichita, KS: Mid-Continent (ICT) ...... 37°39′00′′ N 97°25′58′′ W Wilkes-Barre, PA: Wilkes-Barre-Scranton (AVP) ...... 41°20′20′′ N 75°43′27′′ W Wilmington, DE: Gr. Wilm.-New Castle City (ILG) ...... 39°40′42′′ N 75°36′25′′ W Worcester, MA: Worcester Municipal (ORH) ...... 42°16′02′′ N 71°52′34′′ W Youngstown-Warren, OH-PA: Youngstown Municipal (YNG) ...... 41°15′32′′ N 80°40′34′′ W

(62) This frequency may be assigned Commerce publication ‘‘Air Line seconds out of any 60-second period. to fixed stations in the Industrial/ Distance Between Cities in the United This 10-second frame includes both Business Pool in accordance with the States.’’ transmit and response times. provisions of § 90.261. (64) Persons who render a central (iv) The bandwidth shall not exceed (63) Within the boundaries of station commercial protection service that authorized to the licensee for the urbanized areas of 200,000 or more are authorized to operate fixed stations primary operation on the frequency population, defined in the United States on this frequency for the transmission of concerned. Census of Population, 1960, vol. 1, table tone or impulse signals on a secondary, (v) Frequency loading resulting from 23, page 1–50, this frequency may be noninterference base-to-base/mobile the use of secondary signaling will not used only by persons rendering a central operations subject to the following be considered in whole or in part as a station commercial protection service conditions and limitations: justification for authorizing additional within the service area of the radio (i) Secondary fixed operations may be frequencies in the licensee’s mobile station utilizing the frequency and may used only for the following purposes: system. be used only for communications (A) Indication of equipment (vi) A mobile service frequency may pertaining to safety of life and property, malfunction; not be used exclusively for secondary and for maintenance or testing of the (B) Actuation of a device to indicate signaling. protection facilities. Central Station the presence of an intruder, fire, or other (vii) The output power shall not commercial protection service is hazardous condition on the property exceed 30 watts (at the remote site). defined as an electrical protection and under the protection of the licensee; (viii) A1D, A2D, F1D, or F2D emission supervisory service rendered to the (C) Indication of an abnormal may be authorized. public from and by a central station condition in facilities under the (ix) The transmitter shall be designed accepted and certified by one or more of protection of the licensee that, if not to deactivate automatically after 3 the recognized rating agencies, or the promptly reported, would result in minutes of continuous carrier radiation. Underwriters Laboratories’ (UL), or danger to human life; (x) Operational fixed stations Factory Mutual System. Other stations (D) Transmission, as may be authorized under this paragraph are in the Industrial/Business Pool may be necessary, to verify status of equipment; exempt from the requirements of licensed on this frequency only when adjust operating conditions; or correct §§ 90.137(b), 90.429(d), 90.425 and all base, mobile relay and control any abnormal condition; or 90.433. stations are located at least 120 km (75 (E) Confirmation of status, or that an (xi) On these frequencies, base, miles) from the city center or centers of operation or correction has been mobile relay or mobile stations may the specified urbanized areas of 200,000 accomplished. transmit secondary tone or impulse or more population. With respect to (ii) The maximum duration of any one signals to receivers, as provided in this combination urbanized areas containing non-voice signal may not exceed 2 section. more than one city, 120 km (75 mile) seconds and shall not be transmitted (65) Licensees providing a central separation shall be maintained from more than three times. station commercial protection service each city center which is included in (iii) Systems employing automatic may communicate with police or fire the urbanized area. The locations of interrogation shall be limited to non- stations, or vehicles, on this frequency, centers of cities are determined from voice techniques and shall not be and may install licensed transmitting appendix, page 226, of the U.S. activated for this purpose more than 10 units which operate on this frequency at Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18923 police or fire stations, or in police or fire is subject to the provisions of subpart Q Mobile vehicles, if the frequency’s primary use of this part. Base and mobile only is in a base/mobile system for a central (76) The frequencies in the band station commercial protection service. 10.55–10.68 GHz are available for 159.2925 ...... 160.4625 (66) This frequency may be assigned Digital Termination Systems and for 159.300 ...... 160.470 associated intermodal links in the Point- 159.3075 ...... 160.4775 only to persons rendering a central 159.315 ...... 160.485 station commercial protection service, to-Point Microwave Service. No new 159.3225 ...... 160.4925 which is defined in paragraph (c)(63) of licenses will be issued under this 159.330 ...... 160.500 this section, within the service area of subpart but current licenses will be 159.3375 ...... 160.5075 the radio station utilizing the frequency. renewed. 159.345 ...... 160.515 (67) Use of this frequency is on a (77) All communications on this 159.3525 ...... 160.5225 secondary basis and subject to the frequency must be conducted within the 159.360 ...... 160.530 provisions of § 90.267 (a)(3), (a)(4), boundaries or confines of the licensee’s 159.3675 ...... 160.5375 (a)(5), and (a)(7). business premises. 159.375 ...... 160.545 159.3825 ...... 160.5525 (68) Maximum permissible power (78) Base and mobile stations authorized as of April 1, 1968, may 159.390 ...... 160.560 output for stations on airports is 3 watts. 159.3975 ...... 160.5675 Each station authorized on this continue to be authorized for such 159.405 ...... 160.575 frequency will be classified and operation on a secondary basis to the 159.4125 ...... 160.5825 licensed as a mobile station. Any units Maritime Mobile Service. The licensees 159.420 ...... 160.590 of such a station, however, may provide of such stations may renew, modify, 159.4275 ...... 160.5975 the functions of a base station on a reinstate, or assign their licenses in 159.435 ...... 160.605 secondary basis to mobile service those cases where such assignment 159.4425 ...... 160.6125 operations provided that the vertical accompanies a change of ownership of (5) Low power mobile stations of 100 separation between the control point or the licensee’s business to the assignee, mw or less output power used for one- ground level and the center of the and may expand existing systems when way, non-voice medical telemetry radiating portion of the antenna of any using that frequency; however, they will operations in hospitals or in medical units so used shall not exceed 8 m (25 not be authorized to establish any new convalescent centers are subject to the ft.). systems. provisions of § 90.238. (69) This frequency may be used on (d) Additional frequencies available. In addition to the frequencies shown in (6) The frequency band 33.00–33.01 a secondary, non-interference basis by a MHz may be used for developmental hospital or health care institution the frequency table of this section, the following frequencies are available in operations subject to the provisions of holding a license to operate a radio subpart Q of this part. Any type of station under this part to operate a this service. (See also § 90.253.) (1) Frequencies may be substituted for emission other than pulsed emission medical radio telemetry device with an those available below 25 MHz in may be used if the bandwidth occupied output power not to exceed 20 accordance with the provisions of by the emission is contained within the milliwatts without specific § 90.263. assigned frequency band. authorization from the Commission. (2) Frequencies in the band 73.0–74.6 (e) Limitation on number of (70) Subpart L of this part contains MHz may be assigned to stations frequencies assignable. Normally only rules for assignment of frequencies in authorized their use on or before one frequency, or pair of frequencies in the 470–512 MHz band. December 1, 1961, but no new stations the paired frequency mode of operation, (71) Subpart S of this part contains will be authorized in this band, nor will will be assigned for mobile service rules for assignment of frequencies in expansion of existing systems be operations by a single applicant in a the 806–821/851–866 and 896–901/935– permitted. (See also § 90.257.) given area. The assignment of an 940 MHz bands. (3) Frequencies in the 421–430 MHz additional frequency or pair of (72) Assignment of frequencies above band are available in the Detroit, frequencies will be made only upon a 928 MHz for operational-fixed stations Cleveland, and Buffalo areas in satisfactory showing of need, except is governed by part 101 of this chapter. accordance with the rules in §§ 90.273 that: (73) Frequencies in this band are through 90.281. (1) Additional frequencies above 25 available only for one-way paging (4) The following frequencies are MHz may be assigned in connection operations in accordance with § 90.494. available only in Puerto Rico and the with operation of mobile repeaters in (74) Available only on a shared basis Virgin Islands. These ‘‘Base and accordance with § 90.247 with stations in other services, and Mobile’’ and ‘‘Mobile only’’ frequencies notwithstanding this limitation. subject to no protection from are available on a shared basis with the (2) Frequencies in the ranges 30.56– interference due to the operation of Public Safety Pool. These ‘‘Mobile only’’ 30.57 MHz, 35.00–35.01 MHz, 35.99– industrial, scientific, or medical (ISM) frequencies may be assigned to a control 36.00 MHz, and 37.00–37.01 MHz are devices. In the 2483.5–2500 MHz band, station associated with a mobile relay available for developmental operation no applications for new or modification system if it is also assigned to the by applicants in this service subject to to existing stations to increase the associated mobile station. the provisions of subpart Q of this part, number of transmitters will be accepted. notwithstanding this limitation. Existing licensees as of July 25, 1985, or Base and mobile Mobile (3) Frequencies in the 25–50 MHz, on a subsequent date following as a only 150–170 MHz, 450–512 MHz and 902– result of submitting an application for 928 MHz bands may be assigned for the license on or before July 25, 1985, are 159.240 ...... 160.410 159.2475 ...... 160.4175 operation of Location and Monitoring grandfathered and their operation is co- 159.255 ...... 160.425 Service (LMS) systems in accordance primary with the Radiodetermination 159.2625 ...... 160.4325 with the provisions of subpart M of this Satellite Service. 159.270 ...... 160.440 part, notwithstanding this limitation. (75) Use of frequencies in this band is 159.2775 ...... 160.4475 (4) Authorizations for multiple limited to developmental operation and 159.285 ...... 160.455 frequencies for geophysical operations 18924 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations will be granted on the frequencies Subparts D and EÐ[Removed and restricted to use of itinerant frequencies governed by the limitations in Reserved] or other frequencies not designated for paragraphs (c) (3) and (4) of this section permanent use and need not be notwithstanding this limitation. 11. Subparts D and E are removed and accompanied by evidence of frequency However, each geophysical exploration reserved. coordination. Users should be aware, party may only use a maximum of four 12. Section 90.127 is amended by however, that no protection is provided frequencies at any one time. revising the first sentence of paragraph from interference from other itinerant (5) Authorization for more than one (a), introductory text, and the first operations. mobile frequency in the band 72–76 sentence of paragraph (a)(1) to read as follows: 15. Section 90.145 is amended by MHz will be issued notwithstanding revising paragraphs (b)(6) and (b)(13) to this limitation. § 90.127 Submission and filing of read as follows: (6) This limitation shall not apply to applications. paragraph (c)(1) of this section. § 90.145 Special temporary authority. (a) All applications for private land (7) Frequencies in the 457 and 467 * * * * * MHz bands may be assigned collectively mobile licenses that require both (b) * * * as provided by paragraph (c)(60) of this frequency coordination and fees as set section notwithstanding this limitation. forth at part 1, subpart G of this chapter (6) Class of station and name of radio (f) Limitation on itinerant operation. shall first be sent to a certified service or radio pool; Base or mobile stations being utilized in coordinator for the radio pool concerned * * * * * itinerant operation will be authorized as specified in §§ 90.20(c)(2) and (13) Statement of eligibility for a radio only on base or mobile frequencies 90.35(b)(2). * ** service or radio pool under this part. (1) All applications for private land designated for itinerant operation under * * * * * paragraphs (c)(10) or (c)(17) of this mobile licenses that require frequency 16. Section 90.149 is amended by section, or on other frequencies not coordination but not a fee shall be sent revising paragraph (a) to read as follows: designated for permanent use. to a certified coordinator for the radio (g) The frequencies 10–490 kHz are pool concerned as specified in § 90.149 License term. used to operate electric utility Power §§ 90.20(c)(2) and 90.35(b)(2). * ** (a) Licenses for stations authorized Line Carrier (PLC) systems on power * * * * * transmission lines for communications 13. Section 90.129 is amended by under this part will be issued for a term essential to the reliability and security revising paragraphs (h) and (n) and the not to exceed five (5) years from the date of electric service to the public, in introductory text of paragraphs (m) and of the original issuance, modification, or accordance with part 15 of this chapter. (o) to read as follows: renewal, except that the license term for Any electric utility that generates, stations licensed as commercial mobile transmits, or distributes electrical § 90.129 Supplemental information to be radio service on 220–222 MHz, 929–930 energy for use by the general public or routinely submitted with applications. MHz paging, Industrial/Business Pool, by the members of a cooperative * * * * * and SMR frequencies shall be ten (10) organization may operate PLC systems (h) Requests for authorization to years. Licensees shall have an and shall supply to a Federal communicate with foreign stations in additional thirty (30) days after the Communications Commission/National accordance with § 90.20(b) or § 90.417; expiration of the license term to apply Telecommunications and Information * * * * * for reinstatement of expired licenses. Administration recognized industry- (m) Applicants requesting licenses to * * * * * operated entity, information on all operate on frequencies pursuant to 17. Section 90.159 is amended by existing, changes to existing, and § 90.20(d)(6) must submit disaster revising the introductory text of proposed systems for inclusion in a data communications plans containing the paragraph (b), paragraph (b)(6), the last base. Such information shall include the following information: sentence of paragraph (c), and the fourth frequency, power, location of * * * * * sentence of paragraph (d) to read as transmitter(s), location of receivers and (n) All applications for renewal of follows: other technical and operational base/mobile station licenses by parameters, which would characterize § 90.159 Temporary and conditional licensees who also operate wildlife permits. the system’s potential both to interfere tracking telemetry transmitters, as with authorized radio users, and to described in § 90.20(f)(7), must include * * * * * receive harmful interference from these a statement detailing the number of (b) An applicant proposing to operate users. In an agreed upon format, the units in service, by frequency, on Public a new land mobile radio station or industry-operated entity shall inform Safety Pool frequencies at the time the modify an existing station below 470 the NTIA and the FCC of these system renewal application is filed. MHz or in the one-way paging 929–930 characteristics prior to implementation (o) Applicants requesting licenses to MHz band (other than a commercial of any proposed PLC system and shall operate on frequencies pursuant to mobile radio service applicant or provide monthly or periodic lists with § 90.35(c)(1) must submit licensee on these bands) that is required supplements of PLC systems. The FCC communications plans containing the to submit a frequency recommendation and NTIA will supply appropriate following information: pursuant to paragraphs (b) through (h) application and licensing information to * * * * * of § 90.175 may operate the proposed the notification activity regarding 14. Section 90.138 is revised to read station during the pendency of its authorized radio stations operating in as follows: application for a period of up to one the band. PLC systems in this band hundred eighty (180) days under a operate on a noninterference basis to § 90.138 Applications for itinerant conditional permit upon the filing of a radio systems assigned frequencies by frequencies. properly completed formal application the NTIA or licensed by the FCC and are An application for authority to that complies with § 90.127 if the not protected from interference due to conduct an itinerant operation in the application is accompanied by evidence these radio operations. Industrial/Business Pool must be of frequency coordination in accordance Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18925 with § 90.175 and provided that the for operation on frequencies 15 kHz or introductory text and paragraph (g), following conditions are satisfied: less removed from existing stations in redesignating paragraphs (b) through (f) * * * * * the same geographic area will be granted as paragraphs (e) through (i) (6) The applicant has submitted an based upon a recommendation from the respectively, redesignating paragraph (a) application to the Commission stating applicable frequency coordinator as as paragraph (b), adding new paragraphs the frequency the applicant intends to specified in §§ 90.20(c)(2) and (a), (c), and (d), and revising newly use and that the frequency coordination 90.35(b)(2). redesignated paragraphs (b), (e), (i)(3), requirements specified in § 90.175 for (g) In the states of Alaska and Hawaii, and (i)(5), and the first sentence of selection and use of this frequency have and in areas outside the continental newly redesignated paragraph (g) to been met and a minimum of ten limits of the United States and the read as follows: business days has passed between adjacent waters, the frequencies above submission of the application to the 150.8 MHz which are listed elsewhere § 90.175 Frequency coordination requirements. Commission and the onset of operation. in this part as available for assignment (c) * * * All other categories of to base stations or mobile stations in the * * * * * applications listed in § 90.175(i) that do Industrial/Business Pool are also (a) Frequency coordinators may not require evidence of frequency available for assignment to operational request, and applicants are required to coordination are excluded from the fixed stations in the Industrial/Business provide, all appropriate technical provisions of this section. Pool on a secondary basis. information, system requirements, and (d) * * * Consistent with § 90.175(g), (h) In the Public Safety Pool, base justification for requested station the applicant assumes all risks stations may be authorized to operate on parameters when such information is associated with operation under a secondary basis on frequencies below necessary to identify and recommend conditional authority, the termination or 450 MHz which are available to mobile the most appropriate frequency. modification of conditional authority, or stations. Additionally, applicants bear the the subsequent dismissal or denial of its (i) * * * In the Industrial/Business burden of proceeding and the burden of application. * ** Pool, in the 150 MHz band, the proof in requesting the Commission to * * * * * frequencies subject to § 90.35(c)(6) may overturn a coordinator’s 18. Section 90.167 is amended by be assigned in pairs with the separation recommendation. revising paragraph (a) to read as follows: between base and mobile frequencies (b) For frequencies between 25 and being 5.26 MHz. * ** 470 MHz: A statement is required from § 90.167 Time in which a station must the applicable frequency coordinator as commence service. (j) [Reserved] * * * * * specified in §§ 90.20(c)(2) and (a) Unless otherwise specified in this 90.35(b)(2) recommending the most part, all 220–222 MHz, private carrier (l) In the 150–174 MHz band, except where otherwise specifically provided, appropriate frequency. The paging, Industrial/Business Pool, and coordinator’s recommendation may SMR licensees must commence service authorizations for frequencies that were available prior to August 18, 1995 will include comments on technical factors within twelve (12) months from the date such as power, antenna height and gain, of grant or the authorization cancels be granted with channel bandwidths of 25 kHz or less. Authorizations for all terrain, and other factors which may automatically and must be returned to serve to minimize potential interference. the Commission. other frequencies in this band will be granted with channel bandwidths of (c) For frequencies above 800 MHz: * * * * * 12.5 kHz or less (i.e., in the Public When frequencies are shared by more 19. Section 90.173 is amended by Safety Pool, frequencies subject to than one service, concurrence must be revising paragraphs (a), (f), (g), (h), (l), §§ 90.20 (d)(27) and (d)(44), and in the obtained from the other applicable and (m), and the third sentence of Industrial/Business Pool, frequencies certified coordinators. paragraph (i), and removing and subject to §§ 90.35 (c)(30) and (c)(33)). (d) For Frequencies in the 450–470 reserving paragraph (j) to read as (m) In the 421–512 MHz band, except MHz band: When used for secondary follows: where otherwise specifically provided, fixed operations, frequencies shall be § 90.173 Policies governing the authorizations for frequencies that were assigned and coordinated pursuant to assignment of frequencies. available prior to August 18, 1995 will § 90.261. (a) The frequencies which ordinarily be granted with channel bandwidths of (e) For frequencies between 470 and may be assigned to stations in the 25 kHz or less. New authorizations for 512 MHz, 806–824/851–869 MHz, and services governed by this part are listed frequencies 12.5 kHz removed from 896–901/935–940 MHz: A statement is in subparts B, C and F of this part. these frequencies will be made for required from the applicable Frequencies other than those listed in channel bandwidths of 12.5 kHz or less coordinator recommending specific subparts B and C may be assigned in the (i.e., in the Public Safety Pool, frequencies that are available for 150–174 MHz, 421–430 MHz, 450–470 frequencies subject to § 90.20(d)(27) and assignment in accordance with the MHz, and 470–512 MHz bands, in the Industrial/Business Pool, loading standards and mileage provided such applications are frequencies subject to § 90.35(c)(30)). separations applicable to the specific accompanied by a showing of frequency Authorizations for frequencies 6.25 kHz radio serve, frequency pool, or category coordination in accordance with the removed from these frequencies will be of user involved. requirements of § 90.175. Except as granted with channel bandwidths of * * * * * otherwise specifically provided in this 6.25 kHz or less (i.e., in the Public (g) Any recommendation submitted in part, frequencies assigned to land Safety Pool, frequencies subject to accordance with paragraphs (a), (c), (d), mobile stations are available on a shared § 90.20(d)(44), and in the Industrial/ or (e) of this section is advisory in basis only and will not be assigned for Business Pool, frequencies subject to character and is not an assurance that the exclusive use of any licensee. § 90.35(c)(33)). the Commission will grant a license for * * * * * * * * * * operation on that frequency. * ** (f) Applications for stations in the 20. Section 90.175 is amended by * * * * * 150–174 MHz and 421–512 MHz bands removing the last sentence of the (i) * * * 18926 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

(3) Applications for frequencies in the (f) Upon request, each coordinator proposed base station. Alternatively, 72–76 MHz band except for mobile must provide any additional applicants may submit an engineering frequencies subject to § 90.35(c)(77). information requested from another analysis based upon generally accepted * * * * * certified coordinator regarding a engineering practices and standards (5) Applications in the Industrial/ pending recommendation that it has which demonstrates that the service Business Pool requesting a frequency processed but has not yet been granted area of the trunked system does not designated for itinerant operation only. by the Commission. overlap any existing stations whose * * * * * (g) It is the responsibility of each service areas overlap a circle with 21. Section 90.176 is revised to read coordinator to insure that its frequency radius 113 km (70 mi.) from the as follows: recommendations do not conflict with proposed base station. the frequency recommendations of any (iii) The consensual agreements § 90.176 Coordinator notification other frequency coordinator. Should a among licensees must specifically state requirements on frequencies below 512 conflict arise, the affected coordinators the terms agreed upon and a statement MHz. are jointly responsible for taking action must be submitted to the Commission (a) Frequencies below 470 MHz. to resolve the conflict, up to and indicating that all licensees have Within one business day of making a including notifying the Commission that consented to the use of trunking. If a frequency recommendation, each an application may have to be returned. licensee has agreed to the use of frequency coordinator must notify and 22. Section 90.187 is added to read as trunking, but later decides against the provide the information indicated in follows: use of trunking, the licensee may paragraph (e) of this section to all other request that the licensee(s) of the frequency coordinators who are also § 90.187 Trunking in the bands between 150 and 512 MHz. trunked system reconsider the use of certified to coordinate that frequency. (a) Applicants for trunked systems trunking. If the licensee is unable to (1) The applicable frequency reach an agreement with the licensee(s) coordinator for each frequency is operating on frequencies between 150 and 512 MHz (except 220–222 MHz) of the trunked system, the licensee may specified in the coordinator column of request that the Commission consider the frequency tables of §§ 90.20(c)(3) must indicate on their applications (class of station code, see § 1.952 of this the matter and assign it another and 90.35(b)(3). channel. New licensees will only be (2) For frequencies that do not specify chapter or Instructions for FCC Form 600) that their system will be trunked. assigned the same channel as a trunked any frequency coordinator, all certified system, if the new licensee reaches an in-pool coordinators must be notified. Licensees of stations that are not trunked, may trunk their systems only agreement with the licensee(s) of the (3) For frequencies that are shared trunked system. between the Public Safety Pool and the after modifying their license (See Industrial/Business Pool (frequencies § 90.135). (c) Trunking of systems licensed on subject to §§ 90.20(d)(7), (d)(25), (d)(34), (b) In the bands between 150 and 512 paging-only channels or licensed in the or (d)(46) in the Public Safety Pool, and MHz, trunking may be authorized under Radiolocation Service (subpart F) is not subject to §§ 90.35(c)(13), (c)(25), or the following conditions: permitted. (d)(4) in the Industrial/Business Pool), (1) Where applicants for or licensees 23. Section 90.203 is amended by all certified coordinators of both pools operating in the 470–512 MHz band removing and reserving paragraphs must be notified. meet the loading requirements of (b)(6) and (j)(1) and revising paragraph (b) Frequencies in the 470–512 MHz § 90.313 and have exclusive use of their (j)(9) and the second sentence of band. Within one business day of frequencies in their service area. paragraphs (j)(3) and (j)(5) to read as making a frequency recommendation, (2) Trunking will be permitted on follows: frequencies where an applicant or each frequency coordinator must notify § 90.203 Type acceptance required. and provide the information indicated licensee does not have an exclusive in paragraph (e) of this section to all service area, provided that all frequency * * * * * other certified frequency coordinators in coordination requirements are complied (j) * * * the Public Safety Pool and the with and consent is obtained from all (3) * * * Additionally, if the Industrial/Business Pool. licensees pursuant to paragraphs equipment is capable of transmitting (c) Each frequency coordinator must (b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this data, has transmitter output power also notify all other certified in-pool section. greater than 500 mW, and has a channel coordinators on any day that the (i) Stations that have operating bandwidth of more than 6.25 kHz, the frequency coordinator does not make frequencies (base and mobile) that are equipment must be capable of any frequency recommendations. 15 kHz or less removed from proposed supporting a minimum data rate of 4800 (d) Notification must be made to all stations that will operate with a 25 kHz bits per second per 6.25 kHz of channel coordinators at approximately the same channel bandwidth; stations that have bandwidth. operating frequencies (base and mobile) time and can be made using any method * * * * * that ensures compliance with the one that are 7.5 kHz or less removed from proposed stations that will operate with (5) * * * Additionally, if the business day requirement. equipment is capable of transmitting (e) At a minimum the following a 12.5 kHz bandwidth; or stations that have operating frequencies (base and data, has transmitter output power information must be included in each greater than 500 mW, and has a channel notification: mobile) 3.75 kHz or less removed from proposed stations that will operate with bandwidth of more than 6.25 kHz, the (1) Name of applicant; equipment must be capable of (2) Frequency or frequencies a 6.25 kHz bandwidth; and supporting a minimum data rate of 4800 recommended; (ii) Stations with service areas (37 bits per second per 6.25 kHz of channel (3) Antenna locations and heights; dBu contour for stations in the 150–174 bandwidth. (4) Effective radiated power (ERP); MHz band and 39 dBu contour for (5) Type(s) of emissions; stations in the 421–512 MHz bands; See * * * * * (6) Description of the service area; and § 90.205) that overlap a circle with (9) Transmitters used for stolen (7) Date and time of recommendation. radius 113 km (70 mi.) from the vehicle recovery on 173.075 MHz must Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18927 comply with the requirements of paragraph (d), and paragraph (e) to read (d) 216–220 and 1427–1435 MHz (as § 90.20(e)(6). as follows: available in the Public Safety and * * * * * Industrial/Business Pools and in § 90.235 Secondary fixed signaling accordance with § 90.259). 24. Section 90.207 is amended by operations. revising paragraphs (b) and (d) and the ** * Voice signaling will be (e) In the 450–470 MHz band, first sentence of paragraph (l) to read as permitted only in the Public Safety telemetry operations will be authorized follows: Pool. on a secondary basis with a transmitter output power not to exceed 2 watts on § 90.207 Types of emissions. * * * * * frequencies subject to § 90.20(d)(27) or * * * * * (d) * * * In the Public Safety Pool, § 90.35(c)(30). the maximum duration of any voice (b) Authorizations to use A3E, F3E, or * * * * * G3E emission also include the use of signaling transmission shall not exceed (h) 458–468 MHz band (as available in emissions for tone signals or signaling 6 seconds and shall not be repeated the Public Safety Pool for bio-medical devices whose sole functions are to more than 3 times. telemetry operations). establish an to maintain (e) Until December 31, 1999, for communications, to provide automatic systems in the Public Safety Pool (i) Frequencies available for low station identification, and for operations authorized prior to June 20, 1975, and power (2 watts or less) operations in the in the Public Safety Pool, to activate Power and Petroleum licensees as Industrial/Business Pool. emergency warning devices used solely defined in § 90.7 authorized prior to 30. Section 90.241 is amended by for the purpose of advising the general June 1, 1976, the maximum duration of revising the introductory text of public or emergency personnel of an any signaling transmission shall not paragraphs (a) and (c) and revising impending emergency situation. exceed 6 seconds and shall not be paragraphs (d) and (e) to read as follows: repeated more than 5 times. For Power * * * * * licensees authorized between June 1, § 90.241 Radio call box operations. (d) Except for Traveler’s Information 1976, and August 14, 1989, signaling stations in the Public Safety Pool (a) The frequencies in the 72–76 MHz duration shall not exceed 2 seconds and band listed in § 90.257(a)(1) may be authorized in accordance with § 90.242, shall not be repeated more than 5 times. only J3E emission will be authorized for assigned in the Public Safety Pool for Such systems include existing facilities operation or radio call boxes to be used telephony systems on frequencies below and additional facilities which may be 25 MHz. by the public to request fire, police, authorized as a clear and direct ambulance, road service, and other * * * * * expansion of existing facilities. After emergency assistance, subject to the (l) For stations in the Public Safety December 31, 1999, all signaling following conditions and limitations: and Industrial/Business Pools utilizing systems shall be required to comply * * * * * digital voice modulation, in either the with the two second message duration scrambled or unscrambled mode, F1E or and three message repetition (c) Frequencies in the 450–470 MHz G1E emission will be authorized. * ** requirements. band which are designated as available for assignment to central control * * * * * * * * * * stations and radio call box installations 25. Section 90.213 is amended by 28. Section 90.237 is amended by in § 90.20(c) or § 90.20(d)(58) may be revising footnote 1 to the table in revising the introductory text to read as assigned in the Public Safety Pool for paragraph (a) to read as follows: follows: highway call box systems subject to the § 90.213 Frequency stability. § 90.237 Interim provisions for operations following requirements: * * * * * of radioteleprinter and radiofacsimile * * * * * 1 devices. Fixed and base stations with over 200 (d) In addition to the frequencies watts transmitter power must have a These provisions authorize and available pursuant to § 90.20(c) the frequency stability of 50 ppm except for govern the use of radioteleprinter and equipment used in the Public Safety Pool frequencies set forth in § 90.20(d)(58) radiofacsimile devices for base station may be used for central control station where the frequency stability is 100 ppm. use (other than on mobile-only or * * * * * and call box installations in areas where paging-only frequencies) in all radio such frequencies are available for fixed 26. Section 90.217 is amended by pools and services except Radiolocation system use subject to the requirements revising the introductory text to read as in this part. and limitations of that section and follows: * * * * * subject to the provisions of paragraphs § 90.217 Exemption from technical 29. Section 90.238 is amended by (c) (1), (4), (5), (6), (7), (8), (9), (10), and standards. revising paragraphs (a), (b), (c), (d), (e), (12) of this section. Except as noted herein, transmitters (h) and (i) to read as follows: (e) In accordance with subpart Q of used at stations licensed below 800 § 90.238 Telemetry operations. this part, the frequencies available MHz on any frequency listed in subparts * * * * * pursuant to § 90.20(c) or § 90.20(d)(58) B and C of this part or licensed on a (a) 72–76 MHz (in accordance with for central control station and call box business category channel above 800 § 90.257 and subject to the rules installations may be assigned for MHz which have an output power not governing the use of that band). developmental operation as part of a exceeding 120 milliwatts are exempt (b) 154.45625, 154.46375, 154.47125, highway safety communication program from the technical requirements set out and 154.47875 MHz (subject to the rules which is designed to provide radio in this subpart, but must instead comply governing the use of those frequencies). communications directly with motorists with the following: (c) 173.20375, 173.210, 173.2375, to and from their motor vehicles. * * * * * 173.2625, 173.2875, 173.3125, 173.3375, 31. Section 90.242 is amended by 27. Section 90.235 is amended by 173.3625, 173.390, and 173.39625 MHz revising the introductory text of revising the last sentence of the (subject to the rules governing the use paragraph (a) and paragraph (a)(1) to introductory text, the last sentence of of those frequencies). read as follows: 18928 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

§ 90.242 Travelers' information stations. activated shall be so designated and (2) * * * In the Industrial/Business (a) The frequencies 530 through 1700 installed that it will be deactivated Pool, on frequencies designated with an kHz in 10 kHz increments may be automatically when its associated ‘‘LR’’ in the coordinator column of the assigned to the Public Safety Pool for receiver or receivers are not receiving a frequency table in § 90.35(b)(3), such a the operation of Travelers’ Information signal on the frequency or frequencies control station may be assigned any Stations subject to the following which normally activate it. mobile service station frequency conditions and limitations. * * * * * available for assignment to mobile (1) For Travelers’ Information Station 33. Section 90.247 is amended by stations. * * * applications only, eligibility revising paragraphs (a), (b), (d), and (e) (3) Control and fixed stations in the requirements as set forth in § 90.20(a) to read as follows: Public Safety Pool may be authorized on are extended to include park districts a temporary basis to operate on and authorities. § 90.247 Mobile repeater stations. frequencies available for base and * * * * * * * * * * mobile stations between 152 and 450 32. Section 90.243 is amended by (a) Mobile repeaters and/or associated MHz, where there is an adequate revising paragraphs (a), (b)(1), (b)(3), hand-carried transmitters may be showing that such operations cannot be (c)(3), (c)(4), and (c)(5) and removing assigned separate base/mobile conducted on frequencies allocated for and reserving paragraph (b)(2) to read as frequencies for this use in addition to assignment to operational fixed stations. follows: the number of frequencies normally *** assignable to the licensee. * * * * * § 90.243 Mobile relay stations. (b) In the Industrial/Business Pool, on (c) * * * In the Industrial/Business (a) Mobile relay operations will be frequencies below 450 MHz, only low Pool, on frequencies designated with an authorized on frequencies below 512 power frequencies (2 watts or less ‘‘LR’’ in the coordinator column of the MHz, except in the Radiolocation output power) may be assigned for use frequency table in § 90.35(b)(3), base Service. by mobile repeaters or by hand-carried stations used intermittently as control (b) * * * transmitters whose communications are stations shall operate only on a mobile (1) In the Public Safety Pool, medical directed to mobile repeaters, when service frequency which is available for services systems in the 150–160 MHz separate frequencies are assigned for assignment to base stations. band are permitted to be cross-banded that purpose. 35. Section 90.257 is amended by for mobile and central stations * * * * * revising the introductory text of operations with mobile relay stations (d) In the Industrial/Business Pool, on paragraph (b) to read as follows: authorized to operate in the 450–470 frequencies designated with an ‘‘LR’’ in MHz band. § 90.257 Assignment and use of the coordinator column of the frequency frequencies in the band 72±76 MHz. (2) [Reserved] table in § 90.35(b)(3), use of mobile (3) In the Industrial/Business Pool, on repeaters is on a secondary basis to the * * * * * (b) The following criteria governs the frequencies designated with an ‘‘LR’’ in stations of any other licensee. Hand authorization and use of frequencies in the coordinator column of the frequency carried units used in connection with the 72–76 MHz band by mobile stations table in § 90.35(b)(3), mobile relay mobile repeaters on frequencies in the Industrial/Business Pool. operation shall be on a secondary basis designated with an ‘‘LR’’ in the to other co-channel operations. coordinator column of the frequency * * * * * * * * * * table in § 90.35(b)(3) may operate only 36. Section 90.259 is amended by (c) * * * above 150 MHz and are limited to a revising the first sentence to read as (3) Except in the Industrial/Business maximum output power of six watts. follows: Pool, on frequencies designated with an The frequency and maximum power § 90.259 Assignment and use of ‘‘LR’’ in the coordinator column of the shall be specified in the station frequencies in the bands 216±220 MHz and frequency table in § 90.35(b)(3), each authorization. 1427±1435 MHz. new mobile-relay station authorized (e) In the Industrial/Business Pool, on Frequencies in the bands 216–220 after January 1, 1972, shall be equipped frequencies designated with an ‘‘LR’’ in MHz and 1427–1435 MHz may be for automatic deactivation of the the coordinator column of the frequency assigned to applicants under this part transmitter within 5 seconds after the table in § 90.35(b)(3), the output power provided the band is listed in the signals controlling the station cease. of a mobile repeater station, when individual radio pool under which they (4) Except in the Industrial/Business transmitting as a repeater station on the establish eligibility. * ** Pool, on frequencies designated with an frequency used for communication with 37. Section 90.261 is amended by ‘‘LR’’ in the coordinator column of the its associated pack-carried or hand- revising paragraph (a) and removing and frequency table in § 90.35(b)(3), each carried units, shall not exceed 6 watts reserving paragraphs (d) and (e) to read new mobile-relay station authorized except when the same frequency is also as follows: after January 1, 1972, during periods used by the same station for direct that is not controlled from a manned communication with vehicular mobile § 90.261 Assignment and use of the fixed control point; shall have an units or with one or more base stations. frequencies in the band 450±470 MHz for fixed operations. automatic time delay or clock device * * * * * (a) Frequencies in the 450–470 MHz that will deactivate the station not more 34. Section 90.249 is amended by band as listed in § 90.20(c)(3) and than 3 minutes after its activation by a revising the second sentence of § 90.35(b)(3) may be assigned to all mobile unit. paragraph (a)(2), the first sentence of eligibles for fixed use on a secondary (5) In the Industrial/Business Pool, on paragraph (a)(3), and the last sentence of basis to land mobile operations. frequencies designated with an ‘‘LR’’ in paragraph (c) to read as follows: the coordinator column of the frequency * * * * * table in § 90.35(b)(3), each mobile relay § 90.249 Control stations. (d) [Reserved] station, regardless of the frequency or * * * * * (e) [Reserved] frequencies of the signal by which it is (a) * * * * * * * * Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18929

38. Section 90.263 is amended by channels are subject to the following TABLE 1.ÐCHANNELS AVAILABLE IN revising the first sentence to read as conditions. DETROIT AND CLEVELAND AREAS follows: (1) [Reserved] ONLYÐContinued (2) Assignments are subject to the § 90.263 Substitution of frequencies below frequency coordination requirements of 25 MHz. Pool in which § 90.175. Frequency (MHz) assigned Frequencies below 25 MHz when * * * * * shown in the radio pool frequency (6) Each coordinator must maintain a 422.30625 * ...... IB listings under this part will be assigned list of all channels designated for low- 422.31250 ...... IB to base or mobile stations only upon a 422.31875 * ...... IB power use and the geographic areas 422.325 ...... IB satisfactory showing that, from a safety where such channels are available. The of life standpoint, frequencies above 25 422.33125 * ...... IB coordinator must make this list 422.33750 ...... IB MHz will not meet the operational available to the public upon request. 422.34375 * ...... IB requirements of the applicant. * ** 422.350 ...... IB 39. Section 90.264 is amended by * * * * * 43. Section 90.269 is amended by 422.35625 * ...... IB revising paragraph (g) to read as follows: 422.36250 ...... IB revising the introductory text of 422.36875 * ...... IB § 90.264 Disaster communications paragraph (a) to read as follows: 422.375 ...... IB between 2 and 10 MHz. § 90.269 Use of frequencies for self- 422.38125 * ...... IB * * * * * powered vehicle detectors. 422.38750 ...... IB (g) Applicants must fulfill eligibility 422.39375 * ...... IB requirements set out in § 90.20(d)(6) and (a) Frequencies subject to 422.400 ...... IB shall submit disaster communications § 90.20(d)(22) may be used for the 422.40625 * ...... IB plans pursuant to § 90.129(m). operation of self-powered vehicle 422.41250 ...... IB detectors by licensees of base/mobile 422.41875 * ...... IB * * * * * stations in the Public Safety Pool in 422.425 ...... IB 40. Section 90.265 is amended by accordance with the following 422.43125 * ...... IB revising the introductory text of conditions: 422.43750 ...... IB paragraph (a) to read as follows: 422.44375 * ...... IB * * * * * 422.450 ...... IB § 90.265 Assignment and use of 44. Section 90.273 is amended by 422.45625 * ...... IB frequencies in the bands 169±172 MHz and revising the first two sentences and 422.46250 ...... IB 406±413 MHz. Tables 1 and 2 of paragraph (a) and 422.46875 * ...... IB (a) The following frequencies are removing and reserving paragraph (b) to 422.475 ...... IB available for assignment to fixed read as follows: 422.48125 * ...... IB stations in the Industrial/Business Pool 422.48750 ...... IB subject to the provisions of this section: § 90.273 Availability and use of 422.49375 * ...... IB frequencies in the 421±430 MHz band. 422.500 ...... IB * * * * * 422.50625 * ...... IB 41. Section 90.266 is amended by * * * * * (a) The following tables list 422.51250 ...... IB revising the section heading, the 422.51875 * ...... IB introductory text of paragraph (b), and frequencies available for assignment in 422.525 ...... IB paragraph (g) to read as follows: the Public Safety and Industrial/ 422.53125 * ...... IB Business Pools as indicated. In the 422.53750 ...... IB § 90.266 Long distance communications tables, the Public Safety Pool 422.54375 * ...... IB on frequencies below 25 MHz. frequencies are denoted as ‘‘PS’’ and the 422.550 ...... IB * * * * * Industrial/Business Pool frequencies are 422.55625 * ...... IB (b) Only in the following denoted as ‘‘IB.’’ * ** 422.56250 ...... IB 422.56875 * ...... IB circumstances will authority be 422.575 ...... IB extended to stations to operate on the TABLE 1.ÐCHANNELS AVAILABLE IN 422.58125 * ...... IB frequencies below 25 MHz: DETROIT AND CLEVELAND AREAS ONLY 422.58750 ...... IB * * * * * 422.59375 * ...... IB (g) Applicants must fulfill eligibility Frequency (MHz) Pool in which 422.600 ...... IB requirements set out in § 90.35(c)(1) and assigned 422.60625 * ...... IB submit communications plans pursuant 422.61250 ...... IB Paired channels: 422.61875 * ...... IB to § 90.129(o). 422.19375 * ...... IB 422.625 ...... IB * * * * * 422.200 ...... IB 422.63125 * ...... IB 42. Section 90.267 is amended by 422.20625 * ...... IB 422.63750 ...... IB revising the introductory text of 422.21250 ...... IB 422.64375 * ...... IB paragraph (a) and paragraphs (a)(2) and 422.21875 * ...... IB 422.650 ...... IB (a)(6) and removing and reserving 422.225 ...... IB 422.65625 * ...... IB paragraph (a)(1) to read as follows: 422.23125 * ...... IB 422.66250 ...... IB 422.23750 ...... IB 422.66875 * ...... IB § 90.267 Assignment and use of 422.24375 * ...... IB 422.675 ...... IB frequencies in the 450±470 MHz band for 422.250 ...... IB 422.68125 * ...... IB low-power use. 422.25625 * ...... IB 422.68750 ...... IB 422.26250 ...... IB (a) Any regularly assignable frequency 422.69375 * ...... IB 422.26875 * ...... IB 422.700 ...... IB in the 450–470 MHz band listed in the 422.275 ...... IB 422.70625 * ...... IB tables in subparts B and C of this part 422.28125 * ...... IB 422.71250 ...... IB may be designated by the frequency 422.28750 ...... IB 422.71875 * ...... IB coordinators as a low-power channel in 422.29375 * ...... IB 422.725 ...... IB a defined geographic area. These 422.300 ...... IB 422.73125 * ...... IB 18930 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

TABLE 1.ÐCHANNELS AVAILABLE IN TABLE 1.ÐCHANNELS AVAILABLE IN TABLE 1.ÐCHANNELS AVAILABLE IN DETROIT AND CLEVELAND AREAS DETROIT AND CLEVELAND AREAS DETROIT AND CLEVELAND AREAS ONLYÐContinued ONLYÐContinued ONLYÐContinued

Frequency (MHz) Pool in which Frequency (MHz) Pool in which Pool in which assigned assigned Frequency (MHz) assigned

422.73750 ...... IB 423.16875 * ...... PS 423.600 ...... PS 422.74375 * ...... IB 423.175 ...... PS 423.60625 * ...... PS 422.750 ...... IB 423.18125 * ...... PS 423.61250 ...... PS 422.75625 * ...... IB 423.18750 ...... PS 423.61875 * ...... PS 422.76250 ...... IB 423.19375 * ...... PS 423.625 ...... PS 422.76875 * ...... IB 423.200 ...... PS 423.63125 * ...... PS 422.775 ...... IB 423.20625 * ...... PS 423.63750 ...... PS 422.78125 * ...... IB 423.21250 ...... PS 423.64375 * ...... PS 422.78750 ...... IB 423.21875 * ...... PS 423.650 ...... PS 422.79375 * ...... IB 423.225 ...... PS 423.65625 * ...... PS 422.800 ...... IB 423.23125 * ...... PS 423.66250 ...... PS 422.80625 * ...... IB 423.23750 ...... PS 423.66875 * ...... PS 422.81250 ...... IB 423.24375 * ...... PS 423.675 ...... PS 422.81875 * ...... IB 423.250 ...... PS 423.68125 * ...... PS 422.825 ...... IB 423.25625 * ...... PS 423.68750 ...... PS 422.83125 * ...... IB 423.26250 ...... PS 423.69375 * ...... PS 422.83750 ...... IB 423.26875 * ...... PS 423.700 ...... PS 422.84375 * ...... IB 423.275 ...... PS 423.70625 * ...... PS 422.850 ...... IB 423.28125 * ...... PS 423.71250 ...... PS 422.85625 * ...... IB 423.28750 ...... PS 423.71875 * ...... PS 422.86250 ...... IB 423.29375 * ...... PS 423.725 ...... PS 422.86875 * ...... IB 423.300 ...... PS 423.73125 * ...... PS 422.875 ...... IB 423.30625 * ...... PS 423.73750 ...... PS 422.88125 * ...... IB 423.31250 ...... PS 423.74375 * ...... PS 422.88750 ...... IB 423.31875 * ...... PS 423.750 ...... PS 422.89375 * ...... IB 423.325 ...... PS 423.75625 * ...... PS 422.900 ...... IB 423.33125 * ...... PS 423.76250 ...... PS 422.90625 * ...... IB 423.33750 ...... PS 423.76875 * ...... PS 422.91250 ...... IB 423.34375 * ...... PS 423.775 ...... PS 422.91875 * ...... IB 423.350 ...... PS 423.78125 * ...... PS 422.925 ...... IB 423.35625 * ...... PS 423.78750 ...... PS 422.93125 * ...... IB 423.36250 ...... PS 423.79375 * ...... PS 422.93750 ...... IB 423.36875 * ...... PS 423.800 ...... PS 422.94375 * ...... IB 423.375 ...... PS 423.80625 * ...... PS 422.950 ...... IB 423.38125 * ...... PS 422.95625 * ...... IB 423.38750 ...... PS * This frequency will be assigned with an au- 422.96250 ...... IB 423.39375 * ...... PS thorized bandwidth not to exceed 6 kHz. 422.96875 * ...... IB 423.400 ...... PS 422.975 ...... IB 423.40625 * ...... PS TABLE 2.ÐCHANNELS AVAILABLE IN 422.98125 * ...... IB 423.41250 ...... PS UFFALO ETROIT AND LEVELAND 422.98750 ...... IB 423.41875 * ...... PS B , D C 422.99375 * ...... IB 423.425 ...... PS AREAS 423.000 ...... PS 423.43125 * ...... PS 423.00625 * ...... PS 423.43750 ...... PS Frequency (MHz) Pool in which 423.01250 ...... PS 423.44375 * ...... PS assigned 423.01875 * ...... PS 423.450 ...... PS 423.025 ...... PS 423.45625 * ...... PS Paired channels: 423.03125 * ...... PS 423.46250 ...... PS 423.81875 * ...... PS 423.03750 ...... PS 423.46875 * ...... PS 423.825 ...... PS 423.04375 * ...... PS 423.475 ...... PS 423.83125 * ...... PS 423.050 ...... PS 423.48125 * ...... PS 423.83750 ...... PS 423.05625 * ...... PS 423.48750 ...... PS 423.84375 * ...... PS 423.06250 ...... PS 423.49375 * ...... PS 423.850 ...... PS 423.06875 * ...... PS 423.500 ...... PS 423.85625 * ...... PS 423.075 ...... PS 423.50625 * ...... PS 423.86250 ...... PS 423.08125 * ...... PS 423.51250 ...... PS 423.86875 * ...... PS 423.08750 ...... PS 423.51875 * ...... PS 423.875 ...... PS 423.09375 * ...... PS 423.525 ...... PS 423.88125 * ...... PS 423.100 ...... PS 423.53125 * ...... PS 423.88750 ...... PS 423.10625 * ...... PS 423.53750 ...... PS 423.89375 * ...... PS 423.11250 ...... PS 423.54375 * ...... PS 423.900 ...... PS 423.11875 * ...... PS 423.550 ...... PS 423.90625 * ...... PS 423.125 ...... PS 423.55625 * ...... PS 423.91250 ...... PS 423.13125 * ...... PS 423.56250 ...... PS 423.91875 * ...... PS 423.13750 ...... PS 423.56875 * ...... PS 423.925 ...... PS 423.14375 * ...... PS 423.575 ...... PS 423.93125 * ...... PS 423.150 ...... PS 423.58125 * ...... PS 423.93750 ...... PS 423.15625 * ...... PS 423.58750 ...... PS 423.94375 * ...... PS 423.16250 ...... PS 423.59375 * ...... PS 423.950 ...... PS Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18931

TABLE 2.ÐCHANNELS AVAILABLE IN TABLE 2.ÐCHANNELS AVAILABLE IN TABLE 2.ÐCHANNELS AVAILABLE IN BUFFALO, DETROIT AND CLEVELAND BUFFALO, DETROIT AND CLEVELAND BUFFALO, DETROIT AND CLEVELAND AREASÐContinued AREASÐContinued AREASÐContinued

Pool in which Pool in which Pool in which Frequency (MHz) assigned Frequency (MHz) assigned Frequency (MHz) assigned

423.95625 * ...... PS 424.38750 ...... PS 424.81875 * ...... IB 423.96250 ...... PS 424.39375 * ...... PS 424.825 ...... IB 423.96875 * ...... PS 424.400 ...... IB 424.83125 * ...... IB 423.975 ...... PS 424.40625 * ...... IB 424.83750 ...... IB 423.98125 * ...... PS 424.41250 ...... IB 424.84375 * ...... IB 423.98750 ...... PS 424.41875 * ...... IB 424.850 ...... IB 423.99375 * ...... PS 424.425 ...... IB 424.85625 * ...... IB 424.000 ...... PS 424.43125 * ...... IB 424.86250 ...... IB 424.00625 * ...... PS 424.43750 ...... IB 424.86875 * ...... IB 424.01250 ...... PS 424.44375 * ...... IB 424.875 ...... IB 424.01875 * ...... PS 424.450 ...... IB 424.88125 * ...... IB 424.025 ...... PS 424.45625 * ...... IB 424.88750 ...... IB 424.03125 * ...... PS 424.46250 ...... IB 424.89375 * ...... IB 424.03750 ...... PS 424.46875 * ...... IB 424.900 ...... IB 424.04375 * ...... PS 424.475 ...... IB 424.90625 * ...... IB 424.050 ...... PS 424.48125 * ...... IB 424.91250 ...... IB 424.05625 * ...... PS 424.48750 ...... IB 424.91875 * ...... IB 424.06250 ...... PS 424.49375 * ...... IB 424.925 ...... IB 424.06875 * ...... PS 424.500 ...... IB 424.93125 * ...... IB 424.075 ...... PS 424.50625 * ...... IB 424.93750 ...... IB 424.08125 * ...... PS 424.51250 ...... IB 424.94375 * ...... IB 424.08750 ...... PS 424.51875 * ...... IB 424.950 ...... IB 424.09375 * ...... PS 424.525 ...... IB 424.95625 * ...... IB 424.100 ...... PS 424.53125 * ...... IB 424.96250 ...... IB 424.10625 * ...... PS 424.53750 ...... IB 424.96875 * ...... IB 424.11250 ...... PS 424.54375 * ...... IB 424.975 ...... IB 424.11875 * ...... PS 424.550 ...... IB 424.98125 * ...... IB 424.125 ...... PS 424.55625 * ...... IB 424.98750 ...... IB 424.13125 * ...... PS 424.56250 ...... IB 424.99375 * ...... IB 424.13750 ...... PS 424.56875 * ...... IB Single channels: 424.14375 * ...... PS 424.575 ...... IB 425.000 ...... IB 424.150 ...... PS 424.58125 * ...... IB 425.00625 * ...... IB 424.15625 * ...... PS 424.58750 ...... IB 425.01250 ...... IB 424.16250 ...... PS 424.59375 * ...... IB 425.01875 * ...... IB 424.16875 * ...... PS 424.600 ...... IB 425.025 ...... IB 424.175 ...... PS 424.60625 * ...... IB 425.03125 * ...... IB 424.18125 * ...... PS 424.61250 ...... IB 425.03750 ...... IB 424.18750 ...... PS 424.61875 * ...... IB 425.04375 * ...... IB 424.19375 * ...... PS 424.625 ...... IB 425.050 ...... IB 424.200 ...... PS 424.63125 * ...... IB 425.05625 * ...... IB 424.20625 * ...... PS 424.63750 ...... IB 425.06250 ...... IB 424.21250 ...... PS 424.64375 * ...... IB 425.06875 * ...... IB 424.21875 * ...... PS 424.650 ...... IB 425.075 ...... IB 424.225 ...... PS 424.65625 * ...... IB 425.08125 * ...... IB 424.23125 * ...... PS 424.66250 ...... IB 425.08750 ...... IB 424.23750 ...... PS 424.66875 * ...... IB 425.09375 * ...... IB 424.24375 * ...... PS 424.675 ...... IB 425.100 ...... IB 424.250 ...... PS 424.68125 * ...... IB 425.10625 * ...... IB 424.25625 * ...... PS 424.68750 ...... IB 425.11250 ...... IB 424.26250 ...... PS 424.69375 * ...... IB 425.11875 * ...... IB 424.26875 * ...... PS 424.700 ...... IB 425.125 ...... IB 424.275 ...... PS 424.70625 * ...... IB 425.13125 * ...... IB 424.28125 * ...... PS 424.71250 ...... IB 425.13750 ...... IB 424.28750 ...... PS 424.71875 * ...... IB 425.14375 * ...... IB 424.29375 * ...... PS 424.725 ...... IB 425.150 ...... IB 424.300 ...... PS 424.73125 * ...... IB 425.15625 * ...... IB 424.30625 * ...... PS 424.73750 ...... IB 425.16250 ...... IB 424.31250 ...... PS 424.74375 * ...... IB 425.16875 * ...... IB 424.31875 * ...... PS 424.750 ...... IB 425.175 ...... IB 424.325 ...... PS 424.75625 * ...... IB 425.18125 * ...... IB 424.33125 * ...... PS 424.76250 ...... IB 425.18750 ...... IB 424.33750 ...... PS 424.76875 * ...... IB 425.19375 * ...... IB 424.34375 * ...... PS 424.775 ...... IB 425.200 ...... IB 424.350 ...... PS 424.78125 * ...... IB 425.20625 * ...... IB 424.35625 * ...... PS 424.78750 ...... IB 425.21250 ...... IB 424.36250 ...... PS 424.79375 * ...... IB 425.21875 * ...... IB 424.36875 * ...... PS 424.800 ...... IB 425.225 ...... IB 424.375 ...... PS 424.80625 * ...... IB 425.23125 * ...... IB 424.38125 * ...... PS 424.81250 ...... IB 425.23750 ...... IB 18932 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

TABLE 2.ÐCHANNELS AVAILABLE IN (b) [Reserved] § 90.301 Scope. BUFFALO, DETROIT AND CLEVELAND * * * * * ** * Under this special sharing AREASÐContinued 45. Section 90.275 is revised to read plan, different frequencies are allocated as follows: depending on the geographic urban area Pool in which Frequency (MHz) assigned § 90.275 Selection and assignment of involved as fully detailed in the frequencies in the 421±430 MHz band. following rule sections. 425.24375 * ...... IB Applicants must specify the 49. Section 90.303 is amended by 425.250 ...... PS revising the last sentence of paragraph 425.25625 * ...... PS frequencies in which the proposed 425.26250 ...... PS system will operate pursuant to a (a) to read as follows: 425.26875 * ...... PS recommendation by a frequency § 90.303 Availability of frequencies. 425.275 ...... PS coordinator certified for the pool in 425.28125 * ...... PS which the requested frequency is (a) * * * The specific frequencies 425.28750 ...... PS assigned. available are listed in § 90.311. 425.29375 * ...... PS 425.300 ...... PS § 90.277 [Removed] * * * * * 425.30625 * ...... PS 50. Section 90.311 is amended by 425.31250 ...... PS 46. Section 90.277 is removed. redesignating paragraph (a)(3) as 425.31875 * ...... PS 47. Section 90.283 is amended by 425.325 ...... PS revising paragraph (a) to read as follows: paragraph (a)(4), revising paragraphs 425.33125 * ...... PS (a)(1), (a)(2), and the introductory text 425.33750 ...... PS § 90.283 Inter-service sharing of maritime and table of paragraph (a), adding a new 425.34375 * ...... PS frequencies in the 156±162 MHz band. paragraph (a)(3), and removing and 425.350 ...... PS reserving paragraph (b) to read as 425.35625 * ...... PS (a) The following frequency pairs may 425.36250 ...... PS be assigned to any eligible applicant follows: 425.36875 * ...... PS that meets the definition of a Power, 425.375 ...... PS Petroleum, Forest products, Film and § 90.311 Frequencies. 425.38125 * ...... PS video production, Relay press, Special (a) Except as provided for in § 90.315 425.38750 ...... PS industrial, Manufacturers, Telephone and except for those frequencies 425.39375 * ...... PS maintenance, Motor carrier, Railroad, 425.400 ...... PS allocated to services in part 22 of this 425.40625 * ...... PS Taxicab, or Automobile emergency chapter (see §§ 22.591, 22.621, 22.651, 425.41250 ...... PS licensee, as defined in § 90.7, for and 22.1007 of this chapter) the 425.41875 * ...... PS licensing in the Industrial/Business Pool following frequencies in the band 470– 425.425 ...... PS for duplex operation within the 48 512 MHz may be assigned as indicated 425.43125 * ...... PS contiguous states in accordance with the 425.43750 ...... PS in the table below. The first and last rules of § 90.35, the conditions set forth assignable frequencies are shown. 425.44375 * ...... PS in this section, and the CANADA/U.S.A. Assignable frequencies occur in 425.450 ...... PS channeling agreement for VHF maritime 425.45625 * ...... PS increments of 6.25 kHz. The separation 425.46250 ...... PS public correspondence found in § 80.57 of this chapter. between base and mobile transmit 425.46875 * ...... PS frequencies is 3 MHz for two frequency 425.475 ...... PS * * * * * operation. 425.48125 * ...... PS 48. Section 90.301 is amended by * This frequency will be assigned with an au- revising the last sentence to read as thorized bandwidth not to exceed 6 kHz. follows:

General access pool Channel as- Urbanized area signment Base and mobile Mobile

14 ...... Boston, MA ...... 470.30625 to 472.99375 ...... 473.30625 to 475.99375. Chicago, IL Cleveland, OH Los Angeles, CA Miami, FL New York/N.E. NJ Pittsburgh, PA 15 ...... Chicago, IL ...... 476.30625 to 478.99375 ...... 479.30625 to 481.99375. Cleveland, OH Detroit, MI New York/N.E. NJ 16 ...... Boston, MA ...... 482.30625 to 484.99375 ...... 485.30625 to 487.99375. Dallas/Fort Worth, TX Detroit, MI San Francisco/Oakland, CA 17 ...... Houston, TX ...... 488.30625 to 490.99375 ...... 491.30625 to 493.99375. San Francisco/Oakland, CA ...... Washington, DC/MD/VA ...... 18 ...... Pittsburgh, PA ...... 494.30625 to 496.99375 ...... 497.30625 to 499.99375. Washington, DC/MD/VA ...... 19 ...... Philadelphia, PA ...... 500.30625 to 502.99375 ...... 503.30625 to 505.99375. Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18933

General access pool Channel as- Urbanized area signment Base and mobile Mobile

20 ...... Los Angeles, CA ...... 506.30625 to 508.99375 ...... 509.30625 to 511.99375. Philadelphia, PA ......

(1) Channel availability in the General 53. Section 90.417 is amended by used in the performance, under Access Pool in any of the urbanized revising the last sentence of paragraph contract, of official activities of the areas referred to in the table depends on (b) to read as follows: licensee. This provision does not permit whether that channel is presently the installation of radio units in non- assigned to one of the following § 90.417 Interstation communication. emergency vehicles that are not categories of users: * * * * * performing governmental functions (i) Public safety (as defined in (b) * * * Communications by Public under contract but with which the § 90.20(a)); Safety Pool eligibles with foreign licensee might wish to communicate. (ii) Power and telephone maintenance stations will be approved only to be (2) Additionally, units may be licensees (as defined in § 90.7); conducted in accordance with Article 5 installed in the following: (iii) Special industrial licensees (as of the Inter-American Radio Agreement, (i) Vehicles of contractors or other defined in § 90.7); Washington, DC, 1949, the provisions of persons having a direct responsibility (iv) Business licensees (as defined in which are set forth in § 90.20(b). for official highway activities; § 90.35(a)); 54. Section 90.419 is amended by (v) Petroleum, forest products, and revising paragraph (a) and the (ii) Vehicles of forestry cooperators, manufacturers licensees (as defined in introductory text of paragraphs (b) and and persons having a direct § 90.7); (d) to read as follows: responsibility in the prevention, (vi) Railroad, motor carrier, and detection, and suppression of forest automobile emergency licensees (as § 90.419 Points of communication. fires; and defined in § 90.7); and * * * * * (iii) Mobile units licensed under (vii) Taxicab licensees (as defined in (a) Base stations licensed under § 90.20(a)(2)(iii) may be installed in a § 90.7). subpart T of this part and those in the vehicle or be hand-carried for use by (2) If assigned, subsequent Public Safety Pool that operate on any person with whom cooperation or authorizations will only be granted to frequencies below 450 MHz, may coordinations is required for medical users from the same category. If communicate on a secondary basis with services activities. unassigned, or should a channel other base stations, operational fixed (b) Industrial/Business Pool. Mobile subsequently become unassigned, it will stations, or fixed receivers authorized in units licensed in the Industrial/Business be treated as available in the General these services or pools. Pool may be installed in the following: Access Pool. (b) Base stations licensed on any (3) Normally, each channel should be (1) Vehicles of persons furnishing frequency in the Industrial/Business under contract to the licensee and for substantially loaded in accordance with Pool and on base stations frequencies the standards set out in § 90.313. the duration of the contract, a facility or above 450 MHz in the Public Safety service directly related to the activities * * * * * Pool may communicate on a secondary of the licensee; (b) [Reserved] basis with other base stations, (2) Vehicles operated by an 51. Section 90.313 is amended by operational fixed stations, or fixed revising paragraph (a) to read as follows: organization or association comprised of receivers authorized in these pools only interconnected electric utilities forming § 90.313 Frequency loading criteria. when: interconnections, power pools, or (a) Except as provided for in * * * * * groups; paragraph (b) of this section, the (d) Operational fixed stations licensed (3) Vehicles of persons furnishing a maximum channel loading on in the Industrial/Business Pool may private emergency road service to its frequencies in the 470–512 MHz band is communicate on a secondary basis with members pursuant to a contract with the as follows: associated base stations licensed in association; and these services when: (1) 50 units for systems eligible in the (4) Vehicles operated by organizations Public Safety Pool (see § 90.20(a)). * * * * * providing, under contract, facilities or (2) 90 units for systems eligible in the 55. Section 90.421 is amended by service in connection with railroad Industrial/Business Pool (see § 90.35(a)). revising paragraphs (a) and (b), operation or maintenance including * * * * * removing paragraphs (c), (d), (e), (f), (g), pickup, delivery, or transfer between 52. Section 90.415 is amended by (h), (i), (j), and (k), and redesignating stations of property shipped, continued revising paragraph (b) to read as follows: paragraph (l) as paragraph (c) to read as in, or destined for shipment by railroad follows: § 90.415 Prohibited uses. common carrier. Parties to the contract * * * * * § 90.421 Operation of mobile units in must comply with the provisions of (b) Render a communications vehicles not under the control of the § 90.179. common carrier service, except for licensee. * * * * * stations in the Public Safety Pool * * * * * 56. Section 90.425 is amended by providing communications standby (a) Public Safety Pool. revising the second sentence of the facilities under § 90.20(a)(2)(xi) and (1) Mobile units licensed in the Public introductory text of paragraph (a), the stations licensed under this part in the Safety Pool may be installed in any first sentence of paragraphs (a)(1), SMR, private carrier paging, Industrial/ vehicle which in an emergency would (a)(4)(ii), and (a)(4)(iii), and paragraphs Business Pool, or 220–222 MHz require cooperation and coordination (a)(4)(i), (d)(2), and (d)(6) to read as services. with the licensee, and in any vehicle follows: 18934 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

§ 90.425 Station identification. §§ 90.35(c)(11), 90.35(c)(42), and 90.267 (g) Licenses may be granted on these * * * * * are not subject to the provisions of shared paging channels only for (a) * * * Except as provided for in § 90.477(d)(3) and may be expansion (addition of new sites or paragraph (d) of this section, each interconnected with the facilities of relocation of existing sites) or other station or system shall be identified by common carriers subject to the modification, assignment or transfer of the transmission of the assigned call provisions of §§ 90.477(d)(1), control of existing, licensed private or sign during each transmission or 90.477(d)(2), 90.477(e), and 90.483. commercial paging systems, and for new exchange of transmissions, or once each * * * * * private, internal-use paging systems. 15 minutes (30 minutes in the Public 59. Section 90.477 is amended by Any application for authority to operate Safety Pool) during periods of revising the first two sentences of a new commercial paging system on any continuous operation. * ** paragraph (d)(3) to read as follows: of these shared channels is unacceptable (1) A mobile relay stations call sign for filing. may be used to identify the associated § 90.477 Interconnected systems. 62. Section 90.603 is amended by control and mobile stations, except in (d) * * * revising paragraphs (b) and (c) to read the Public Safety Pool where the (3) For licensees in the Industrial/ as follows: stations operate on frequencies below Business Pool and those licensees who § 90.603 Eligibility. 450 MHz. * * * establish eligibility pursuant to * * * * * * * * * * § 90.20(a)(2), except for §§ 90.20(a)(2)(i) (4) * * * and 90.20(a)(2)(ii) and medical (b) Any person proposing to provide (i) In the Public Safety Pool, mobile emergency systems in the 450–470 MHz communications service to any person units licensed to a governmental entity band, interconnection will be permitted eligible for licensing under subparts B and which operate on frequencies above only where the base station site or sites or C of this part on a not-for-profit, cost- 30 MHz may use an identifier which proposed stations are located 120 km shared basis. contains, at a minimum, the name of the (75 mi.) or more from the designated (c) Any person eligible under this part licensee if the licensee maintains at the centers of the urbanized areas listed and proposing to provide on a station a list of the special identifiers to below. If these licensees seek to connect commercial basis base station an be used by the mobile units. within 120 km (75 mi.) of the 25 cities, ancillary facilities as a Specialized (ii) In the Industrial/Business Pool, they must obtain the consent of all co- Mobile Radio Service System operator, licensees may request the Commission’s channel licensees located both within for the use of individuals, federal local Engineer-in-Charge to approve the 120 km (75 mi.) of the center of the city; government agencies and persons use of special mobile unit identifiers in and within 120 km (75 mi.) of the eligible for licensing under subparts B lieu of the assigned call sign. * ** interconnected base station transmitter. or C of this part. (iii) In the Industrial/Business Pool, *** 63. Section 90.617 is amended by railroad licensees (as defined in § 90.7) revising the first sentence of the * * * * * introductory text of paragraph (a), the may identify stations by the name of the 60. Section 90.483 is amended by railroad and the train number, caboose second sentence of paragraphs (a)(1) and revising the second sentence of (c), and the first sentence of paragraph number, engine number, or the name of paragraph (d) to read as follows: the fixed wayside station. * ** (b) to read as follows: * * * * * § 90.483 Permissible methods and § 90.617 Frequencies in the 809.750±824/ (d) * * * requirements of interconnecting private and 854.750±869 MHz, and 896±901/935±940 public systems of communications. (2) It is a mobile station in the Public MHz bands available for trunked or Safety Pool using F1E or G1E emission. * * * * * conventional system use in non-border areas. * * * * * (d) * * * This provision does not (6) It is a paging station authorized in apply to systems which establish (a) The channels listed in Table 1 and accordance with the provisions of eligibility pursuant to §§ 90.20(a)(1)(i), paragraph (a)(1) of this section are § 90.20(a)(2)(v). 90.20(a)(1)(ii), and 90.20(a)(2), except available to eligible applicants in the §§ 90.20(a)(2)(i) and 90.20(a)(2)(ii), or Public Safety Category which consists of * * * * * who are Power, Petroleum, or Railroad licensees eligible in the Public Safety § 90.460 [Amended] licensees (as defined in § 90.7), or to Pool of subpart B of this part. * ** 57. Section 90.460 is amended by systems above 800 MHz. * ** (1) * * * The assignment of these removing the last two sentences. 61. Section 90.494 is amended by channels will be done in accordance 58. Section 90.476 is amended by revising paragraphs (c) and (g) to read as with the policies defined in the Report revising paragraphs (a) and (b) to read follows: and Order of Gen. Docket No. 87–112 as follows: (See § 90.16). * * * § 90.494 Paging operations on shared (b) The channels listed in Table 2A channels in the 929±930 MHz band. § 90.476 Interconnection of fixed stations are available to eligible applicants in the and certain mobile stations. * * * * * Industrial/Land Transportation Category (a) Fixed stations and mobile stations (c) All frequencies listed in this (consisting of Power, Petroleum, Forest used to provide the functions of fixed section may be used to provide one-way Products, Film and Video Production, stations pursuant to the provisions of paging communications to persons Relay Press, Special Industrial, §§ 90.35(c)(11), 90.35(c)(42), and 90.267 eligible for licensing under subpart B or Manufacturers, Telephone Maintenance, are not subject to the interconnection C of this part, representatives of Federal Motor Carrier, Railroad, Taxicab, and provisions of §§ 90.477 and 90.483 and Government agencies, individuals, and Automobile Emergency licensees, as may be interconnected with the foreign governments and their defined in § 90.7). * * * facilities of common carriers. representatives. The provisions of (c) * * * This category includes those (b) Mobile stations used to provide § 90.173(b) apply to all frequencies entities eligible in the Industrial/ the functions of base and mobile relay listed in this section. Business Pool of subpart C of this part stations pursuant to the provisions of * * * * * and does not include Special Mobilized Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations 18935

Radio Systems as defined in § 90.603(c). § 90.623 Limitation on the number of § 90.645 Permissible operations. *** frequencies assignable for conventional * * * * * systems. * * * * * (b) Only persons who are eligible for 64. Section 90.619 is amended by * * * * * facilities, either under this subpart or in (b) Where an applicant proposes to revising paragraph (b)(7)(iii), the first the radio service included under operate a conventional radio system to sentence paragraphs (a)(1) and (a)(3), subparts B or C of this part. provide facilities for the use of a single and the second sentence of paragraphs * * * * * person or entity eligible under subparts 70. Section 90.656 is amended by (a)(2) and (a)(4) to read as follows: B or C of this part, the applicant may be revising the first sentence of paragraph assigned only the number of frequency § 90.619 Frequencies available for use in (a) to read as follows: the U.S./Mexico and U.S./Canada border pairs justified on the basis of the areas. requirement of the proposed single user § 90.656 Responsibilities of base station (a) * * * of the system. licensees of Specialized Mobile Radio Systems. (1) Table 1A lists the channels in the * * * * * 806–821/851–866 MHz band that are 66. Section 90.625 is amended by (a) The licensees of base stations that available for assignment to eligible revising paragraph (b) to read as follows: provide Specialized Mobile Radio service on a commercial basis of the use applicants in the Public Safety Category § 90.625 Other criteria to be applied in which consists of licensees eligible in assigning channels for use in conventional of individuals, Federal government the Public Safety Pool of subpart B of systems of communication. agencies, or persons eligible for licensing under either subparts B or C this part. * * * * * * * * (2) * * * These channels will be (b) Where an applicant proposes to of this part will be responsible for assigned according to the policies furnish service to eligibles under exercising effective operational control defined in the Report and Order of Gen. subparts B or C of this part on a over all mobile and control stations that Docket No. 87–112 (See § 90.16). * * * commercial basis using a conventional communicate with the base station. *** (3) Tables 2A and 2B list the channels system of communication, the applicant that are available for assignment to will be considered on the same basis as * * * * * eligible applicants in the Industrial/ that of an applicant for private or shared 71. Section 90.703 is amended by Land Transportation Category communication facilities. revising paragraphs (a), (b), and (c) to (consisting of Power, Petroleum, Forest * * * * * read as follows: Products, Film and Video Production, 67. Section 90.631 is amended by § 90.703 Eligibility. Relay Press, Special Industrial, revising the first sentence of paragraphs * * * * * Manufacturers, Telephone Maintenance, (g) and (h) to read as follows: (a) Any person eligible for licensing Motor Carrier, Railroad, Taxicab, and § 90.631 Trunked systems loading, under subparts B or C of this part. Automobile Emergency licensees, as construction and authorization (b) Any person proposing to provide defined in § 90.7). * * * requirements. communications service to any person (4) * * * This category includes those * * * * * eligible for licensing under subparts B entities eligible in the Industrial/ (g) Wide area systems may be or C of this part, on a not-for-profit, cost- Business Pool of subpart C of this part authorized to persons eligible for shared basis. and does not include Special Mobilized licensing under subparts B or C of this (c) Any person eligible under this part Radio Systems as defined in § 90.603(c). part upon an appropriate showing of proposing to provide on a commercial *** need. * * * basis, station and ancillary facilities for * * * * * (h) Regional, statewide, or ribbon the use of individuals, federal (b) * * * configuration systems may be government agencies and persons (7) * * * authorized to persons eligible for eligible for licensing under subparts B (iii) The Public Safety Category licensing under subparts B or C of this or C of this part. consists of those entities eligible in the part upon an appropriate showing of 72. Section 90.705 is revised to read Public Safety Pool of subpart B of this need. * * * as follows: part. The Industrial/Land * * * * * § 90.705 Forms to be used. Transportation Category consists of 68. Section 90.633 is amended by Phase II applications for EA, Regional, Power, Petroleum, Forest Products, Film revising the first sentence of paragraphs or Nationwide radio facilities under this and Video Production, Relay Press, (f) and (g) to read as follows: subpart must be prepared in accordance Special Industrial, Manufacturers, § 90.633 Conventional systems loading with §§ 90.1009 and 90.1013. Phase II Telephone Maintenance, Motor Carrier, requirements. applications for radio facilities Railroad, Taxicab, and Automobile * * * * * operating on public safety/mutual aid Emergency licensees (as defined in (f) Wide area systems may be channels (Channels 161 through 170) or § 90.7). The Business Radio Category authorized to persons eligible for emergency medical channels (Channels consists of those entities eligible in the licensing under subparts B or C of this 181 through 185) under this subpart Industrial/Business Pool of subpart C of part upon an appropriate showing of must be prepared on FCC Form 600 and this part. Specialized Mobile Radio need. * * * submitted or filed in accordance with Systems (SMRS) will not be authorized (g) Regional, statewide, or ribbon § 90.127. in any of the above mentioned configuration systems may be 73. Section 90.713 is amended by categories, but only in the SMRS authorized to persons eligible for revising paragraph (e) to read as follows: category to those applicants eligible licensing under subparts B or C of this under § 90.603(c). part upon an appropriate showing of § 90.713 Entry criteria. * * * * * need. * * * * * * * * 65. Section 90.623 is amended by 69. Section 90.645 is amended by (e) A Phase II applicant for revising paragraph (b) to read as follows: revising paragraph (b) to read as follows: authorization in a geographic area for 18936 Federal Register / Vol. 62, No. 74 / Thursday / April 17, 1997 / Rules and Regulations

Channels 166 through 170 in the public communications of the disaster relief 79. Section 101.77 is amended by safety/mutual aid category may not have organization or its chapter affiliates. revising paragraph (a)(1) to read as any interest in another pending (b) Any Government entity and any follows: application in the same geographic area non-Government entity eligible to for Channels 166 through 170 in the § 101.77 Public safety licensees in the obtain a license under §§ 90.20(a)(1), 1850±1990 and 2110±2200 MHz bands. public safety/mutual aid category, and a 90.20(a)(2)(i), 90.20(a)(2)(ii), Phase II applicant for authorization in a 90.20(a)(2)(iii), 90.20(a)(2)(iv), (a) * * * geographic area for channels in the 90.20(a)(2)(vii), 90.20(a)(2)(ix), or (1) The agency is a Police licensee, a emergency medical category may not 90.20(a)(2)(xiii) is also eligible to obtain Fire Licensee, or an Emergency Medical have any interest in another pending a license for base/mobile operations on Licensee as defined in § 90.7 of this application in the same geographic area Channels 161 through 170. Base/mobile chapter, or meets the eligibility for channels in the emergency medical or base/portable communications on requirements of § 90.20(a)(2) of this category. these channels that do not relate to the chapter, except for § 90.20(a)(2)(ii) of 74. Section 90.719 is amended by immediate safety of life or to this chapter, or that it is a licensee of revising paragraph (c) to read as follows: communications interoperability among other part 101 facilities licensed on a the above-specified entities, may only primary basis under the eligibility § 90.719 Individual channels available for requirements of part 90, subpart B of assignment in the 220±222 MHz band. be conducted on a secondary non- interference basis to such this chapter; and * * * * * communications. * * * * * (c) Channels 181 through 185 are set 76. Section 90.723 is amended by 80. Section 101.147 is amended by aside in Phase II for emergency medical revising paragraphs (a) and (c) to read as revising the second sentence, footnote 1 use for applicants that meet the follows: of Table 1, and footnote 1 of Table 2 of eligibility criteria of § 90.20(a)(1)(iii) or paragraph (b)(1) and the first sentence of § 90.20(a)(2)(xiii). § 90.723 Selection and assignment of paragraph (b)(2) to read as follows: * * * * * frequencies. § 101.147 Frequency assignments. 75. Section 90.720 is revised to read (a) Phase II applications for as follows: frequencies in the 220–222 MHz band * * * * * shall specify whether their intended use (b) * * * § 90.720 Channels available for public (1) * * * Except as noted, however, safety/mutual aid. is for 10-channel nationwide systems, 10-channel EA systems, 15-channel the frequencies may be used by power (a) Part 90 licensees who meet the Regional systems, public safety/mutual licensees, as defined in § 90.7 of this eligibility criteria of §§ 90.20(a)(1), aid use, or emergency medical use. chapter, only if the frequencies in 90.20(a)(2)(i), 90.20(a)(2)(ii), Phase II applicants for frequencies for paragraph (b)(2) of this section are 90.20(a)(2)(iii), 90.20(a)(2)(iv), public safety/mutual aid use or exhausted in the particular geographic 90.20(a)(2)(vii), 90.20(a)(2)(ix), or emergency medical use shall specify the area. * * * 90.20(a)(2)(xiii) are authorized by this number of frequencies requested. All 1 rule to use mobile and/or portable units Available to power licensees, as defined frequencies in this band will be in § 90.7 of this chapter, regardless of on Channels 161–170 throughout the assigned by the Commission. whether frequencies in the power pool are United States, its territories, and * * * * * exhausted. possessions to transmit: * * * * * (1) Communications relating to the (c) Phase II applicants for public 1 safety/mutual aid and emergency Available to power licensees, as defined immediate safety of life; in § 90.7 of this chapter, regardless of (2) Communications to facilitate medical channels will be assigned only whether frequencies in the power pool are interoperability among entities eligible the number of channels justified to meet exhausted. under §§ 90.20(a)(1), 90.20(a)(2)(i), their requirements. (2) Power Pool: Frequencies listed in 90.20(a)(2)(ii), 90.20(a)(2)(iii), * * * * * this paragraph are available to persons 90.20(a)(2)(iv), 90.20(a)(2)(vii), 77. Section 90.733 is amended by defined as a Power licensee in § 90.7 of 90.20(a)(2)(ix), and 90.20(a)(2)(xiii); or revising paragraph (a)(2) to read as this chapter for use in multiple address (3) Communications on behalf of and follows: systems. * * * by members of organizations established for disaster relief purposes having an § 90.733 Permissible operations. * * * * * emergency radio communications plan (a) * * * 81. Section 101.601 is revised to read (i.e., licensees eligible under (2) Only by persons who are eligible as follows: § 90.20(a)(2)(vii)) for the transmission of for facilities under either this subpart or § 101.601 Eligibility. communications relating to the safety of in the pools included in subpart B or C Any person, or any governmental life or property, the establishment and of this part. entity or agency, eligible for licensing in maintenance of temporary relief * * * * * a radio service or pool under part 80, 87, facilities, and the alleviation of or 90 of this chapter or any person emergency conditions during periods of PART 101ÐFIXED MICROWAVE proposing to provide communications actual or impending emergency, or SERVICES service to such persons, governmental disaster, until substantially normal entities or agencies is eligible to hold a conditions are restored; for limited 78. The authority citation for part 101 license under this subpart. training exercises incidental to an continues to read as follows: emergency radio communications plan, Authority: 47 U.S.C. Secs. 154, 303, unless [FR Doc. 97–8917 Filed 4–16–97; 8:45 am] and for necessary operational otherwise noted. BILLING CODE 6712±01±U federal register April 17,1997 Thursday Safe; ProposedRule Substances GenerallyRecognizedas 21 CFRParts170,etal. Food andDrugAdministration Services Health andHuman Department of Part III 18937 18938 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: A. Regulatory Options HUMAN SERVICES B. Costs and Benefits Regarding Human Food Issues: Linda S. 1. Option One: Take No Action Kahl, Center for Food Safety and Food and Drug Administration 2. Option Two: Adopt Proposed GRAS Applied Nutrition (HFS–206), Food Notification Procedure 21 CFR Parts 170, 184, 186, and 570 and Drug Administration, 200 C St. 3. Option Three: Adopt a GRAS SW., Washington, DC 20204, 202– Notification Procedure Allowing FDA [Docket No. 97N±0103] 418–3101. Feedback on Independent GRAS Regarding Animal Feed Issues: George Determinations of Either a Higher or Substances Generally Recognized as Graber, Center for Veterinary Lower Level of Authoritativeness than Safe Medicine (HFV–220), Food and Drug the Proposed Notification System 4. Option Four: Eliminate Agency Administration, 7500 Standish Pl., Participation in Independent GRAS AGENCY: Food and Drug Administration, Rockville, MD 20855, 301–594–1731. HHS. Determinations SUPPLEMENTARY INFORMATION: C. Regulatory Flexibility Analysis ACTION: Proposed rule. D. Conclusions Table of Contents XV. Environmental Impact SUMMARY: The Food and Drug I. Background XVI. References Administration (FDA) is proposing to A. The 1958 Amendment I. Background clarify the criteria for exempting the use B. History of FDA’s Approach to the GRAS of a substance in human food or in Exemption A. The 1958 Amendment animal feed from the premarket 1. The GRAS List In 1958, in response to public concern approval requirements of the Federal 2. Opinion Letters Food, Drug, and Cosmetic Act (the act) 3. Agency-initiated GRAS Review about the increased use of chemicals in because such use is generally 4. GRAS Criteria and the GRAS foods and food processing and with the recognized as safe (GRAS). FDA is also Affirmation Process support of the food industry, Congress 5. The Plant Policy Statement proposing to replace the current GRAS enacted the Food Additives Amendment C. Elements of the GRAS Standard (the 1958 amendment) to the act. The affirmation process with a notification D. The GRAS Petition Process procedure whereby any person may basic thrust of the 1958 amendment was II. Scope of the Proposed Regulations to require that, before a new additive notify FDA of a determination that a III. Proposed Revisions to § 170.30— could be used in food, its producer particular use of a substance is GRAS. Eligibility for Classification as GRAS Under the proposed notification A. General Criteria demonstrate the safety of the additive to procedure, the agency intends to B. Scientific Procedures GRAS FDA. The 1958 amendment defined the evaluate whether the submitted notice Determination terms ‘‘food additive’’ (section 201(s) of provides a sufficient basis for a GRAS 1. Establishing General Recognition of the act (21 U.S.C. 321(s))) and ‘‘unsafe Safety determination and whether information food additive’’ (section 409(a) of the act 2. Corroboration of Safety (21 U.S.C. 348(a))), established a in the notice or otherwise available to C. Common Use GRAS Determination FDA raises issues that lead the agency premarket approval process for food D. Other Provisions of Current § 170.30 additives (section 409(b) through (h)), to question whether use of the substance IV. The Technical Element of a GRAS is GRAS. This proposal reflects FDA’s Determination Through Scientific and amended the food adulteration commitment to achieving the goals for Procedures provisions of the act to deem the Reinventing Food Regulations part A. Consideration of Dietary Exposure adulterated any food that is, or bears or of the President’s National Performance B. Substantial Equivalence to a GRAS contains, any food additive that is Substance Review (hereinafter referred to as unsafe within the meaning of section V. Proposed Revisions to § 170.35— 409 (section 402(a)(2)(C) of the act (21 Reinventing Food Regulations). The Affirmation of GRAS Status proposed notification procedure would U.S.C. 342(a)(2)(C))). VI. Proposed Establishment of a Notification Congress recognized that, under this allow FDA to direct its resources to Procedure scheme, the safety of an additive could questions about GRAS status that are a A. General Requirements not be established with absolute priority with respect to public health B. Specific Requirements certainty, and thus provided for a protection. 1. GRAS Exemption Claim 2. Identity and Specifications science-based safety standard that DATES: Written comments by July 16, 3. Self-limiting Levels of Use requires producers of food additives to 1997, except that comments regarding 4. Scientific Procedures GRAS demonstrate to a reasonable certainty information collection should be Determination that no harm will result from the submitted by May 19, 1997. The agency 5. Common Use GRAS Determination intended use of an additive (Ref. 1). proposes that any final rule that may C. Agency Response FDA has incorporated this safety issue based on this proposal become 1. Acknowledgment of Receipt 2. 90-day Response Letter standard into its regulations (§ 170.3(i) effective 60 days after its date of (21 CFR 170.3(i))). If FDA finds an publication. 3. Subsequent Agency Action D. Appeals additive to be safe, based ordinarily on ADDRESSES: Submit written comments E. Public Disclosure and Accessibility data submitted by the producer to the to the Dockets Management Branch 1. Public Disclosure agency in a food additive petition (FAP), (HFA–305), Food and Drug 2. Public Accessibility the agency issues a regulation specifying Administration, 12420 Parklawn Dr., F. Inventory the conditions under which the additive rm. 1–23, Rockville, MD 20857. Submit VII. Effect of the Proposed Notification may be safely used. written comments on the information Procedure on Existing GRAS Petitions In enacting the 1958 amendment, collection requirements to the Office of VIII. Interim Policy Congress recognized that many IX. Conforming Amendments Information and Regulatory Affairs, X. International Harmonization substances intentionally added to food Office of Management and Budget XI. Food Substances Used in Animal Feed would not require a formal premarket (OMB), New Executive Office Bldg., 725 XII. Summary of the Proposal review by FDA to assure their safety, 17th St. NW., rm. 10235, Washington, XIII. Paperwork Reduction either because their safety had been DC 20503, ATTN: Desk Officer for FDA. XIV. Analysis of Impacts established by a long history of use in Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18939 food or by virtue of the nature of the However, the existence of a severe added other categories of substances substances, their customary or projected conflict among experts regarding the (e.g., spices, seasonings, and flavorings) conditions of use, and the information safety of the use of a substance to the GRAS list in subsequent generally available to scientists about precludes a finding of general rulemakings (25 FR 404, January 19, the substances. Congress thus adopted, recognition (4,680 Pails, supra, 725 F.2d 1960; and 26 FR 3991, May 9, 1961). in section 201(s) of the act, a two-step at 990; Premo Pharmaceutical 2. Opinion Letters definition of ‘‘food additive.’’ The first Laboratories v. United States, 629 F.2d step broadly includes any substance, the 795, 803 (2d Cir. 1980)) (Cf. Coli-Trol Many substances that were intended use of which results or may 80, supra, 518 F.2d at 746 (mere conflict considered GRAS by the food industry reasonably be expected to result, among experts is not enough to preclude were not included in the agency’s GRAS directly or indirectly, in its becoming a a finding of general recognition)). list. Under the 1958 amendment, a component or otherwise affecting the It is on the basis of the GRAS substance that is GRAS for a particular characteristics of food. The second step, exemption to the food additive use may be marketed for that use however, excludes from the definition definition that many substances (such as without agency review and approval. of ‘‘food additive’’ substances that are vinegar, vegetable oil, baking powder, Nonetheless, as a practical matter, generally recognized, among experts and many salts, spices, flavors, gums, manufacturers who determined on their qualified by scientific training and and preservatives) are lawfully own initiative that use of a substance experience to evaluate their safety marketed today without a food additive qualified for the GRAS exemption (‘‘qualified experts’’), as having been regulation. Under the 1958 amendment, frequently decided to obtain the adequately shown through scientific a substance that is GRAS for a particular agency’s opinion on whether their procedures (or, in the case of a use may be marketed for that use determination was justified. Many substance used in food prior to January without agency review and approval. manufacturers wrote to FDA and 1, 1958, through either scientific However, when a use of a substance requested an ‘‘opinion letter,’’ in which procedures or through experience based does not qualify for the GRAS agency officials would render an on common use in food) to be safe exemption or other exemptions informal opinion on the GRAS status of under the conditions of their intended provided under section 201(s) of the act, use of a substance. Although convenient use. that use of the substance is a food and expedient, these opinion letters additive use subject to the premarket were often available only to the Importantly, under section 201(s) of requestor. Moreover, these opinion the act, it is the use of a substance, approval mandated by the act. In such circumstances, the agency can take letters were not binding on the agency rather than the substance itself, that is at the time they were issued and were eligible for the GRAS exemption. In enforcement action to stop distribution of the food substance and foods in fact formally revoked in 1970 (21 CFR addition, it is well settled that a mere 170.6, 35 FR 5810, April 9, 1970). showing that use of a substance is containing it on the grounds that such ‘‘safe’’ is not sufficient to exempt the foods are or contain an unlawful food 3. Agency-Initiated GRAS Review substance from the act’s definition of additive. In 1969 (34 FR 17063, October 21, Importantly, under section 201(s) of ‘‘food additive’’ (United States v. An 1969), FDA removed various cyclamate the act, the GRAS exemption applies to Article of Food * * * Coco Rico, Inc., salts, a family of nonnutritive the premarket approval requirements for 752 F.2d 11, 15 n. 4 (1st Cir. 1985)). sweeteners, from the GRAS list because food additives only. There is no Instead, the substance must be shown to they were implicated in the formation of corresponding exemption to the be ‘‘generally recognized’’ as safe under bladder tumors in rats (Ref. 2). In premarket approval requirements for the conditions of its intended use (Id.; response to the concerns raised by the color additives, which are defined in United States v. Articles of Food and new information on cyclamates, then- section 201(t) of the act. Drug * * * Coli-Trol 80, 518 F.2d 743, President Nixon directed FDA to 745 (5th Cir. 1975)). The proponent of B. History of FDA’s Approach to the reexamine the safety of GRAS the exemption has the burden of GRAS Exemption substances (Ref. 3), and FDA announced proving that the use of the substance is that the agency was conducting a 1. The GRAS List ‘‘generally recognized’’ as safe (Id). To comprehensive study of substances establish such recognition, the Shortly after passage of the 1958 presumed to be GRAS (35 FR 18623, proponent must show that there is a amendment, FDA clarified the December 8, 1970). The purpose of the consensus of expert opinion regarding regulatory status of a multitude of food study was to evaluate, by contemporary the safety of the use of the substance. substances that were used in food prior standards, the available safety (See United States v. Western Serum to 1958 and amended its regulations to information regarding substances Co., Inc., 666 F.2d 335, 338 (9th Cir. include a list of food substances that, presumed to be GRAS and to issue each 1982); United States v. Articles of Drug when used for the purposes indicated item in a new (i.e., affirmed) GRAS list, ** * Promise Toothpaste, 624 F.Supp. and in accordance with current good a food additive regulation, or an interim 776, 778 (N.D. Ill. 1985), aff’d 826 F.2d manufacturing practice, are GRAS. This food additive regulation pending 564 (7th Cir. 1987); United States v. list was incorporated into the agency’s completion of additional studies. Articles of Drug * * * Hormonin, 498 regulations as § 121.101(d) (now parts F.Supp.2d 424, 435 (D.N.J. 1980).) 182 and 582 (21 CFR parts 182 and 582)) 4. GRAS Criteria and the GRAS Unanimity among experts regarding (24 FR 9368, November 20, 1959). As Affirmation Process safety of a substance is not required. part of that rulemaking, however, FDA In the notice announcing the (See United States v. Articles of Drug acknowledged that it would be comprehensive agency review of ** * 5,906 boxes, 745 F.2d 105, 119 n. impracticable to list all substances that presumed GRAS substances, FDA 22 (1st Cir. 1984); United States v. An are GRAS for their intended use proposed criteria that could be used to Article of Drug * * * 4,680 Pails, 725 (formerly § 121.101(a); current establish whether these substances F.2d 976, 990 (5th Cir. 1984); Coli-Trol § 182.1(a)). should be listed as GRAS, become the 80, supra, 518 F.2d at 746; Promise Section 121.101(d) became commonly subject of a food additive regulation, or Toothpaste, supra, 624 F.Supp. at 782.) referred to as ‘‘the GRAS list.’’ FDA be listed in an interim food additive 18940 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules regulation pending completion of status of substances added to food. In is or the types of data and information additional studies (35 FR 18623). These the plant policy statement, FDA that are necessary to establish its safety. criteria were incorporated into the reviewed its position on the To emphasize this distinction between a agency’s regulations as § 121.3 applicability of the food additive GRAS substance and a food additive, (precursor of current § 170.30 (21 CFR definition and section 409 of the act to and to simplify discussion about the 170.30)) (36 FR 12093, June 25, 1971). foods derived from new plant varieties standard for general recognition of FDA made a second announcement in light of the intended changes in the safety, in this document, FDA uses the that it was conducting a study of composition of foods that might result term ‘‘technical element’’ when presumed GRAS substances (36 FR from the newer techniques of genetic discussing technical evidence of safety 20546, October 23, 1971) and modification such as recombinant and ‘‘common knowledge element’’ subsequently instituted a rulemaking to deoxyribonucleic acid (rDNA) when discussing general knowledge and establish procedures that the agency techniques: acceptance of safety. could use, on its own initiative, to The statutory definition of ‘‘food additive’’ The technical element of the GRAS affirm the GRAS status of substances makes clear that it is the intended or standard requires that information about that were the subject of that review and expected introduction of a substance into the substance establish that the were found to satisfy the criteria food that makes the substance potentially intended use of the substance is safe. As established in § 121.3 (proposed rule, 37 subject to food additive regulation. Thus, in discussed in section I.A of this FR 6207, March 25, 1972; final rule, 37 the case of foods derived from new plant document, FDA has defined ‘‘safe’’ FR 25705, December 2, 1972). These varieties, it is the transferred genetic material (§ 170.3(i)) as a reasonable certainty in procedures were subsequently codified and the intended expression product or the minds of competent scientists that products that could be subject to food at § 170.35 (a) and (b) (21 CFR 170.35 (a) additive regulation, if such material or the substance is not harmful under its and (b)). Because the GRAS review did expression products are not GRAS. intended conditions of use. Current not cover all GRAS substances (e.g., it § 170.30(b) provides that general did not cover many substances that (57 FR 22984 at 22990) recognition of safety through scientific In the plant policy statement, FDA were marketed based on a procedures requires the same quantity provided extensive guidance, including manufacturer’s independent GRAS and quality of scientific evidence as is criteria and analytical steps that determination), that rulemaking required to obtain approval of the producers could follow, on situations in included a mechanism (the current substance as a food additive. Similarly, which producers should consult with GRAS petition process; § 170.35(c)) current § 170.30(c)(1) provides that FDA to determine whether an FAP is whereby an individual could petition general recognition of safety through appropriate. FDA also stated its intent to FDA to review the GRAS status of experience based on common use in use its food additive authority in substances not being considered as part food prior to January 1, 1958, may be regulating foods and their byproducts of the agency’s GRAS review. determined without the quantity or derived from new plant varieties to the In 1974, the agency proposed to quality of scientific procedures required extent necessary to protect public clarify the criteria for GRAS status, the for approval of a food additive health. differences between GRAS status and regulation and must be based solely on food additive status, and the procedures C. Elements of the GRAS Standard food use of the substance prior to that being used to conduct the current Under section 201(s) of the act, a date. Current § 170.3(f) defines review of food substances (39 FR 34194, substance is exempt from the definition ‘‘common use in food’’ as a substantial September 23, 1974). The final of food additive and thus, from history of consumption for food use by regulations based on this proposal premarket approval requirements, if its a significant number of consumers. amended § 121.3 (current § 170.30) to safety is generally recognized by The common knowledge element of distinguish a determination of GRAS qualified experts. Accordingly, a the GRAS standard includes two facets: status through scientific procedures determination that a particular use of a (1) The data and information relied on (scientific procedures GRAS substance is GRAS requires both to establish the technical element must determination; current § 170.30(b)) from technical evidence of safety and a basis be generally available; and (2) there must be a basis to conclude that there a determination of GRAS status through to conclude that this technical evidence is consensus among qualified experts experience based on common use in of safety is generally known and about the safety of the substance for its food (common use GRAS determination; accepted. In contrast, a determination intended use. Neither facet is, by itself, current § 170.30(c)) (41 FR 53600, that a food additive is safe requires only December 7, 1976). Those final sufficient to satisfy the common technical evidence of safety.1 Thus, a regulations also established definitions knowledge element of the GRAS GRAS substance is distinguished from a for ‘‘common use in food’’ (current standard. food additive on the basis of the § 170.3(f)) and ‘‘scientific procedures’’ The usual mechanism to establish that common knowledge about the safety of (current § 170.3(h)). FDA subsequently scientific information is generally the substance for its intended use rather added criteria (§ 170.30(c)(2)) for the available is to show that the information than on the basis of what the substance determination of GRAS status through is published in a peer-reviewed scientific journal. However, experience based on common use in 1 In issuing a food additive regulation, the agency food when that use occurred exclusively considers technical evidence of safety but does not mechanisms to establish the basis for or primarily outside of the United States address the GRAS standard of general recognition. concluding that there is expert (53 FR 16544, May 10, 1988). Thus, in most cases, the agency’s issuance of a food consensus about the safety of a additive regulation means that FDA did not substance are more varied. In some 5. The Plant Policy Statement consider the possible GRAS status of that substance. In a few cases (e.g., 21 CFR 173.357, cellulose cases, publication in a peer-reviewed FDA’s ‘‘Statement of Policy: Foods triacetate used as a fixing agent in the scientific journal of data (such as Derived From New Plant Varieties’’ (the immobilization of lactase enzyme preparation), toxicity studies) on a test substance has plant policy statement) (57 FR 22984, FDA concluded, in evaluating the GRAS status of been used to establish expert consensus a substance, that the safety of a use of a substance May 29, 1992) is an example of a recent was not generally recognized and authorized its use in addition to general availability. In agency policy announcement regarding as a food additive rather than affirm it as GRAS (59 other cases, such publication of data agency priorities in reviewing the GRAS FR 36935, July 20, 1994). and information in the primary Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18941 scientific literature has been affirm their independent GRAS the notice, FDA would respond to the supplemented by: (1) Publication of data determinations. notifier in writing and could advise the and information in the secondary notifier that the agency has identified a II. Scope of the Proposed Regulations scientific literature, such as scientific problem with the notice. Although review articles, textbooks, and Based on its experience applying the information in a notice would be compendia; (2) documentation of the provisions of § 170.30, FDA is proposing publicly available consistent with the opinion of an ‘‘expert panel’’ that is to clarify when use of a substance is Freedom of Information Act (FOIA), specifically convened for this purpose; exempt from the act’s premarket FDA would make readily accessible to or (3) the opinion or recommendation of approval requirements because such use the public the notice’s GRAS exemption an authoritative body such as the is GRAS. In proposing these changes, claim, as well as the agency’s response National Academy of Sciences (NAS) or FDA is: (1) Emphasizing that a GRAS to the notice. However, FDA does not the Committee on Nutrition of the substance is distinguished from a food intend to conduct its own detailed American Academy of Pediatrics (CON/ additive by the common knowledge evaluation of the data that the notifier AAP) on a broad or specific issue that about the safety of the substance for its relies on to support a determination that is related to a GRAS determination. intended use rather than by what the a use of a substance is GRAS or to affirm substance is, or on the basis of the types In this document, FDA is using the that a substance is GRAS for its of data and information that are term ‘‘consensus’’ in discussing the intended use. necessary to establish its safety; (2) common knowledge element of the FDA has tentatively concluded that identifying the types of technical GRAS standard. Such consensus does the proposed notification procedure has evidence of safety that could form the not require unanimity among qualified advantages over the current petition basis of a GRAS determination; and (3) experts (5,906 boxes, supra, 745 F.2d at process because the resource-intensive clarifying the role of publication in 119 n. 22; United 4,680 Pails, supra, 725 rulemaking that is associated with a satisfying the general recognition F.2d at 990; Coli-Trol 80, supra, 518 petition would be eliminated. This standard. For consistency with the streamlining would allow FDA to F.2d at 746; Promise Toothpaste, supra, proposed changes to § 170.30, FDA is redirect its resources to questions about 624 F.Supp. at 782). For example, FDA also proposing to amend the definition GRAS status that are a priority with would evaluate a single published in § 170.3(h) of ‘‘scientific procedures.’’ respect to public health protection. In report questioning the safety of use of a In addition, in keeping with the addition, the proposed notice is simpler substance in food in the context of all Reinventing Food Regulations, FDA is than a GRAS affirmation petition and the publicly available and corroborative proposing to replace the current GRAS therefore conceivably would provide an information rather than conclude that affirmation petition process (§ 170.35(c)) incentive for manufacturers to inform such a report automatically disqualifies with a notification procedure (proposed FDA of their GRAS determinations. This the substance from satisfying the GRAS § 170.36) whereby any person may would result in increased agency standard (Cf. Coli-Trol 80, supra, 518 notify FDA of a determination that a awareness of the composition of the F.2d at 746). particular use of a substance is GRAS. nation’s food supply and the cumulative D. The GRAS Petition Process The submitted notice would include a dietary exposure to GRAS substances. ‘‘GRAS exemption claim’’ that would FDA has also tentatively concluded that The rulemaking process in § 170.35(c) provide specific information about a the public health would be better served whereby manufacturers may petition GRAS determination in a consistent if some resources that are currently FDA to affirm that a substance is GRAS format. This GRAS exemption claim directed to the GRAS petition process under certain conditions of use was would include a succinct description of were redirected to the preparation of designed as a voluntary administrative the ‘‘notified substance’’ (i.e., the documents that would provide the process whose purpose was to provide substance that is the subject of the industry with guidance on certain food a mechanism for official recognition of notice), the applicable conditions of use, safety issues for complex substances lawfully made GRAS determinations. To and the basis for the GRAS (e.g., macroingredients or biological the extent that a person elected to determination (i.e., through scientific polymers, such as proteins, submit a GRAS petition, the process procedures or through experience based carbohydrates, and fats and oils). could facilitate an awareness, by the on common use in food) and would be Finally, the reduction in resources agency as well as the domestic and dated and signed by the notifier. The devoted to the evaluation of GRAS international food industry, of GRAS exemption claim also would substances would allow FDA to shift independent GRAS determinations. include a statement that the information resources to its statutorily mandated However, GRAS affirmation involves supporting the GRAS determination was task of reviewing food and color the resource-intensive rulemaking available for FDA review and copying or additive petitions. process, including: (1) Publishing a would be sent to FDA upon request. In In light of its experience in reviewing filing notice in the Federal Register; (2) addition to the GRAS exemption claim, GRAS petitions, FDA believes that the requesting comment on the petitioned the notice would include detailed substitution of the proposed notification request; (3) conducting a comprehensive information about the identity and procedure for the current GRAS petition review of the petition’s data and properties of the notified substance and process would not adversely affect the information and comments received to a detailed discussion of the basis for the public health because the agency would the filing notice to determine whether notifier’s GRAS determination. be replacing one voluntary the evidence establishes that the Under the proposed notification administrative process with a different petitioned use of the substance is GRAS; procedure, the agency intends to voluntary administrative procedure that (4) drafting a detailed explanation of evaluate whether the notice provides a would utilize FDA’s resources more why the use is GRAS (as opposed to sufficient basis for a GRAS effectively and efficiently. Under both simply being safe); and (5) publishing determination and whether information the current and the proposed that explanation in the Federal Register. in the notice or otherwise available to procedures, a manufacturer may market FDA believes that, in practice, this FDA raises issues that lead the agency a substance that the manufacturer resource-intensive process deters many to question whether use of the substance determines is GRAS without informing persons from petitioning the agency to is GRAS. Within 90 days of receipt of the agency or, if the agency is so 18942 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules informed, while the agency is reviewing be common knowledge about the knowledge element of the GRAS that information. Thus, from a legal and substance throughout the scientific standard. regulatory perspective, this substitution community knowledgeable about the Specifically, FDA is proposing to is neutral. safety of substances directly or revise § 170.30(b) to provide that general FDA is also proposing to remove indirectly added to food. FDA is recognition of safety through scientific § 170.30(f), which expresses the proposing to amend this provision to procedures be based upon generally agency’s intent to review the GRAS define what that common knowledge is available and accepted scientific data, status of certain food substances, (i.e., that there is reasonable certainty information, methods, or principles, because § 170.30(f) is redundant with that the substance is not harmful under which ordinarily are published. Thus, the provisions of § 170.35 (a) and (b) the intended conditions of use). In other under proposed § 170.30(b), ‘‘studies’’ that the agency may, on its own words, proposed § 170.30(a) would would be one of several types of initiative, affirm the GRAS status of clarify that the safety standard for a scientific ‘‘data and information’’ that substances that directly or indirectly GRAS substance is identical to the could support the technical element of become components of food safety standard in § 170.3(i) and that a a scientific procedures GRAS (§ 170.35(a)) or publish a notice GRAS substance is neither more safe nor determination. However, depending on announcing its conclusion that there is less safe than an approved food the circumstances, other scientific data a lack of convincing evidence that the additive. Rather, the distinction and scientific information such as that substance is GRAS and that it should be between a GRAS substance and an relating to chemical identity or considered a food additive (§ 170.35(b)). approved food additive is that, for a characteristic properties of a substance, FDA’s regulations regarding the GRAS substance, there is common as well as methods of manufacture, eligibility of substances used in animal knowledge of safety within the expert could support, and in some cases be food or feeds for classification as GRAS, community. sufficient to satisfy that element. and the procedures for affirmation of In addition, under this proposed GRAS status for such substances, are B. Scientific Procedures GRAS Determination revision of § 170.30(b), generally codified at §§ 570.30 and 570.35 (21 available and accepted scientific CFR 570.30 and 570.35), respectively. 1. Establishing General Recognition of principles could be applied to, and FDA is proposing the following: (1) To Safety relied on as part of, the technical amend the provisions of § 570.30 that Current § 170.30(b) describes the element of a scientific procedures GRAS are parallel to the provisions of current technical element of a scientific determination. Webster’s New World § 170.30 (i.e., § 570.30 (a) and (b)); (2) to procedures GRAS determination (i.e., Dictionary of the American Language eliminate the GRAS affirmation petition that it requires the same quantity and defines a ‘‘principle’’ as ‘‘a fundamental process provided for in § 570.35 (a) and quality of scientific evidence as is truth, law, doctrine or motivating force (c); and (3) to provide the option of a required to obtain approval of the upon which others are based.’’ For GRAS notification procedure for animal substance as a food additive). Current example, the common scientific food or feeds that would be parallel to § 170.30(b) also describes the common principle ‘‘the dose makes the poison,’’ proposed § 170.36. FDA is proposing knowledge element of a scientific underlies a determination that a these changes because the regulations in procedures GRAS determination (i.e., substance is safe for use in food at part 570 (21 CFR part 570) implement that it ordinarily is based upon certain levels even if it exhibits toxicity the same statutory provisions as the published studies, which may be when present at higher levels. A related regulations in part 170 (21 CFR part corroborated by unpublished studies scientific principle is that the toxicity of 170). and other data and information). a substance may vary between animal Finally, FDA is proposing to make FDA is proposing two changes to the species. FDA relies on both of these certain conforming amendments to description of the common knowledge scientific principles when determining §§ 170.38, 184.1, 186.1, and 570.38. element in current § 170.30(b). First, whether the proposed use of a substance As FDA gains experience with the FDA is proposing to broaden this added to food is safe within the questions raised by industry in description to clarify the types of meaning of section 409 of the act. preparing notices, FDA expects, from technical evidence of safety (currently For consistency with this proposed time to time, to prepare guidance described only as ‘‘studies’’) that could amendment, FDA is also proposing to documents on issues of particular form the basis of a GRAS determination. amend the current definition of interest. However, such guidance FDA is proposing this change because ‘‘scientific procedures’’ in § 170.3(h). documents are not a subject of this the quantity and quality of scientific Under the current definition, scientific proposal. evidence required to obtain approval of procedures include those human, III. Proposed Revisions to § 170.30— a substance as a food additive vary animal, analytical, and other scientific Eligibility for Classification as GRAS considerably depending upon the studies, whether published or estimated dietary exposure to the unpublished, appropriate to establish A. General Criteria substance and the chemical, physical, the safety of a substance. FDA is FDA is proposing to expand the and physiological properties of the proposing to amend § 170.3(h) by description of the general criteria substance; there can likewise be a broadening it so that scientific provided in current § 170.30(a) for a comparable variation in the scientific procedures would include scientific GRAS determination. FDA is not evidence that forms the basis of a GRAS data (such as human, animal, analytical, proposing any changes to the first two determination. Second, FDA is and other scientific studies), sentences of current § 170.30(a), which proposing to amend this description to information, methods, or principles, reflect the language of the GRAS clarify the role of publication in whether published or unpublished, exemption as set out in section 201(s) of satisfying the common knowledge appropriate to establish the safety of a the act. element. FDA is proposing this change substance. In both this proposed The final sentence of current because publication is ordinarily definition and the proposed amendment § 170.30(a) provides that general required, but may not always be to § 170.30(b), the descriptor recognition of safety requires that there sufficient, to satisfy the common ‘‘scientific’’ applies equally to ‘‘data,’’ Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18943

‘‘information,’’ ‘‘methods,’’ and scientific literature has been evaluated level of an added nutrient source in ‘‘principles.’’ after its publication. For example, FDA foods, particularly when the safe level FDA is proposing to clarify the role of sometimes relies on generally available of intake is a narrow range because the publication in satisfying the common and accepted compendia such as difference between the recommended knowledge element of the GRAS Bergey’s Manual of Systematic dietary intake and the intake at which standard by adding the phrases Bacteriology (Ref. 4) when evaluating the substance exhibits toxic properties ‘‘generally available and accepted’’ and the common knowledge element of the is small. In cases such as these, the ‘‘which ordinarily are published’’ as GRAS standard for food substances opinions or recommendations of the descriptors of ‘‘scientific data, derived from a bacterial source. authoritative body may provide a basis information, methods, or principles’’ in The opinion of a specially-convened for concluding that there is expert proposed § 170.30(b). Thus, under expert panel can provide a basis for consensus regarding the safety of a proposed § 170.30(b), publication of showing expert consensus when an substance for its intended use in food. data and information about a GRAS individual published study raises safety substance is usually necessary, but may questions. The opinion of an expert 2. Corroboration of Safety not always be sufficient, to satisfy the panel is also useful when multiple FDA is proposing to retain the common knowledge element of the studies bearing on the safety of a concept in current § 170.30(b) that GRAS standard. substance are published but there are no unpublished data and information that The descriptor ‘‘which ordinarily are secondary sources that evaluate these bear on safety may be used to published’’ reflects that the usual studies and draw general conclusions corroborate published data and mechanism to establish that scientific based on this comprehensive body of information that establish general information is generally available is to knowledge. For example, during the recognition of safety. FDA is proposing show that the information is published agency-initiated GRAS review, FDA to amend current § 170.30(b) by in a peer-reviewed scientific journal. commissioned, through the Life removing the phrase ‘‘unpublished This descriptor maintains the explicit Sciences Research Office of the studies and other data and information’’ emphasis of current § 170.30(b) on the Federation of American Societies for and substituting the phrase importance of publication in satisfying Experimental Biology, the ‘‘Select ‘‘unpublished scientific data, the common knowledge element. Committee on GRAS Substances’’ (the information, or methods.’’ This However, current § 170.30(b) does not Select Committee). The charge to the proposed revision is comparable to the explicitly emphasize the second facet of Select Committee was to summarize the proposed broadening of the description the common knowledge element (i.e., available scientific literature and to of the common knowledge element of that there is a basis to conclude that provide a recommendation as to what the GRAS standard and likewise reflects there is the requisite expert consensus restrictions, if any, on the use of the the variation in the nature of the that the generally available data and substance would be needed to ensure its scientific evidence that would be information establish the safety of the safe use in food. required to obtain approval of the substance for its intended use). For In FDA’s view, the common substance as a food additive. example, there could be a basis to knowledge element of the GRAS C. Common Use GRAS Determination conclude that there is expert consensus standard precludes a GRAS that the published results of a particular determination if the data and FDA is not proposing any changes to safety study (i.e., the primary scientific information evaluated by such an expert current § 170.30(c)(1), which sets out literature) establish the safety of a panel are only available in files that are criteria for a common use GRAS substance for its intended use if the not publicly accessible, such as in determination. However, FDA is study raises no safety questions that confidential industry files. For example, proposing to amend current experts would need to interpret and in response to GRAS petitions § 170.30(c)(2), which sets out these resolve. On the other hand, the requesting that FDA affirm the GRAS criteria in the more narrow published results of a particular safety status of lactase from Kluyveromyces circumstance of that use occurring study may not be sufficient to satisfy the lactis entrapped in cellulose triacetate exclusively or primarily outside of the common knowledge element if the fibers for use in reducing the lactose United States. FDA is proposing to study raises safety questions that require content of milk, FDA affirmed that the revise the final sentence of current additional data to be resolved. In such lactase enzyme was GRAS (49 FR 47384, § 170.30(c)(2) by replacing the cases, the general recognition standard December 4, 1984) but issued a food recommendation that persons who usually requires more than a publication additive regulation authorizing the claim GRAS status on such basis obtain in the primary scientific literature. As secondary direct food additive use of FDA concurrence that the use of the mentioned, the basis for concluding that cellulose triacetate as an immobilizing substance is GRAS (i.e., through there is expert consensus historically agent because the information that the submission of a GRAS affirmation has included publication in secondary petitioner relied on to establish the petition) with a recommendation that sources, convening an expert panel, or safety of the cellulose triacetate was not persons who assert such a claim for a relying on an opinion or generally available (59 FR 36935, July substance notify FDA of that claim in recommendation of an authoritative 20, 1994). accordance with proposed § 170.36. body. The opinions or recommendations of This revision is a necessary conforming The body of information published in an authoritative body such as NAS or amendment because, as discussed in secondary sources (such as review CON/AAP frequently bear on an issue sections V and VI of this document, articles, articles describing scientific that is related to a GRAS determination. FDA is proposing to replace the current methods, general reference materials, For example, CON/AAP may affirmation process in § 170.35(c)(1) and textbooks) can be more useful than recommend the use in infant formula of with a notification procedure (proposed the primary scientific literature for a food substance whose regulatory § 170.36). The recommendation in showing a basis for a conclusion that the status is not explicitly identified in proposed § 170.30(c)(2) is appropriate necessary expert consensus exists FDA’s regulations. Similarly, NAS’s because notice will facilitate the lawful because the existence of the secondary Recommended Dietary Allowances (Ref. entry of GRAS substances into the sources implies that the primary 5) are useful in establishing the safe United States. FDA will be aware that a 18944 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules substance offered for import is the that are appropriate to establish the that have a relatively high dietary subject of a GRAS exemption claim and safety of a GRAS substance. exposure. The probable cumulative will also be aware of the basis for such Accordingly, FDA discusses below two intake of the fiber likely will be many claim. Absent notice, the substance may topics that pertain to the technical times higher from the consumption of appear to be adulterated and thus, be element of a scientific procedures GRAS the foods to which it is added than from detained under section 801(a) of the act determination: (1) The importance of the consumption of beets. The probable (21 U.S.C. 381(a)). Therefore, it is dietary exposure; and (2) the role of intake of the fiber from consumption of prudent for an individual who claims substantial equivalence. foods to which it is added may present that a substance is GRAS through A. Consideration of Dietary Exposure a basis for a safety concern, especially experience based on its common use in if the foods containing the added beet food outside of the United States to Section 409(c)(5) of the act requires fiber will not replace beets in the diet. notify FDA of that claim. The language that, in evaluating the proposed use of Likewise, in the case of a chemically of proposed § 170.30(c)(2) is comparable a food additive, FDA consider the synthesized substance that is to the language of current § 170.30(c)(2) probable consumption of the substance structurally identical to a naturally in that it is not a requirement. and of any substance formed in or on occurring substance in commonly food because of its use, as well as the D. Other Provisions of Current § 170.30 consumed food, technical evidence of cumulative effect of the substance in the safety would include consideration of FDA is not proposing any changes to diet, taking into account any chemically whether the cumulative exposure to the remainder of current § 170.30, or pharmacologically related substance both the synthetic and the natural except § 170.30(f) as discussed below, or substances in such diet. FDA has substance exceeds the exposure to the because the changes that the agency is incorporated this requirement into the natural substance and whether the proposing in this document require no definition of ‘‘safe’’ and ‘‘safety’’ with combined exposure presents a basis for conforming amendments to those respect to substances added to food a safety concern. sections. (§ 170.3(i)). Thus, the technical element Current § 170.30(f) was issued under of a scientific procedures GRAS B. Substantial Equivalence to a GRAS the auspices of the agency-initiated determination must consider the Substance GRAS review (36 FR 12093, June 25, probable consumption and cumulative 1971) and expresses the agency’s intent effect of the substance in the diet A report of a joint Food and to review the GRAS status of certain because a scientific procedures GRAS Agriculture Organization (FAO) and food substances. As discussed in section determination requires the same World Health Organization (WHO) V of this document), FDA is proposing quantity and quality of evidence as is consultation (the 1996 FAO/WHO to remove the provision in § 170.35(a) required to obtain approval of the report) recommended that ‘‘[s]afety that the Commissioner of Food and substance as a food additive. If the assessment based on the concept of Drugs (the Commissioner), on the dietary exposure to the substance under substantial equivalence * * * be applied petition of an interested person, may the intended conditions of use presents in establishing the safety of foods and affirm the GRAS status of substances a basis for concern about the safety of food components derived from that directly or indirectly become its use, data or information addressing genetically modified organisms’’ (Ref. components of food. The agency is those concerns are necessary to satisfy 6). The 1996 FAO/WHO report stated proposing to retain, however, the the technical element. As with other that: provision in § 170.35(a) that the data and information that support a [s]ubstantial equivalence embodies the Commissioner, on his/her own GRAS determination, data or concept that if a new food or food component initiative, may affirm the GRAS status of information addressing a safety question is found to be substantially equivalent to an such substances. In addition, the agency raised by dietary exposure must also existing food or food component, it can be is proposing no changes to the provision satisfy the common knowledge element treated in the same manner with respect to in § 170.35(b) that if the Commissioner by being generally available to, and safety (i.e. the food or food component can concludes that there is a lack of accepted by, qualified experts. be concluded to be as safe as the In some cases, dietary exposure is conventional food or food component). convincing evidence that a substance is Account should be taken of any processing GRAS and that it should be considered unlikely to present a basis for a safety that the food or food component may a food additive, he/she shall publish a concern. For example, dietary exposure undergo as well as the intended use and the notice thereof in the Federal Register in to an enzyme preparation that is derived intake by the population. accordance with § 170.38. Therefore, from a controlled fermentation of a § 170.30(f) is redundant with § 170.35 nonpathogenic, nontoxigenic The 1996 FAO/WHO report relied, in (a) and (b). Accordingly, in keeping with microorganism that does not produce part, on previous expert reports that had the agency’s goals for the Reinventing antibiotics, and that is processed using discussed the concept of substantial Food Regulations, FDA is proposing to substances that are acceptable for use in equivalence, including the 1990 joint remove current § 170.30(f). foods generally, would not ordinarily FAO/WHO consultation, ‘‘[s]trategies present a basis for a safety concern. On for assessing the safety of foods IV. The Technical Element of a GRAS the other hand, consumption of a produced by biotechnology’’ (Ref. 7); a Determination Through Scientific component of a commonly consumed report prepared by an expert group of Procedures food may present a basis for a safety the Organization for Economic Co- A GRAS substance is distinguished concern if the dietary exposure to the operation and Development (OECD), from a food additive on the basis of the isolated component under its intended ‘‘[s]afety evaluation of foods produced common knowledge about the safety of conditions of use is many times greater by modern biotechnology: Concepts and the substance for its intended use rather than its dietary exposure when principles’’ (Ref. 8); and a report of a than on the basis of what the substance consumed as a component of food. WHO workshop, ‘‘[a]pplication of the is or the types of data and information For example, a fiber may be extracted principles of substantial equivalence to that are necessary to establish its safety. from a vegetable that has a relatively the safety evaluation of foods or food Nonetheless, FDA is frequently asked low dietary exposure (such as beets) and components from plants derived by about the types of data and information added, at the same level, to other foods modern biotechnology’’ (Ref. 9). Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18945

FDA believes that in certain instances On the other hand, the product tentatively concluded that the proposed the concept of substantial equivalence resulting from the chemical reaction of notification procedure, discussed more may have applicability to the technical two or more GRAS substances is a fully in section VI of this document, element of a GRAS determination, and discrete new substance that may have would allow the agency to direct its the agency has already applied this properties that are distinctly different resources to the more significant concept when evaluating the safety of from the individual GRAS substances questions about GRAS status. new or modified food substances. For from which it is synthesized or from a Proposed § 170.35(a) would continue example, the agency’s approach (57 FR simple mixture of those GRAS to provide a mechanism whereby FDA, 22984 and Ref. 10) to assessing the substances. The concept of substantial on its own initiative, may affirm the safety of foods derived from new plant equivalence may not be relevant here GRAS status of the use of a substance varieties, including the safety of newly unless the reaction product is widely that directly or indirectly becomes a introduced substances in the food recognized to be metabolized in the component of food. FDA proposes to (primarily proteins, carbohydrates, and same way as the individual components retain the option of agency-initiated fatty acids) and unintended changes in from which it is synthesized. Likewise, affirmations for those circumstances the food’s composition, is similar to the in the case of a chemically synthesized where such action is necessary or concept of substantial equivalence substance that is structurally identical useful. For example, FDA may propose posited by FAO, WHO, and OECD. 2 As to a naturally occurring substance in to revise an existing regulation affirming another example, FDA has applied this commonly consumed food, the GRAS status of a use of a substance concept in affirming the GRAS status of compositional differences between the if the agency determines that the current several microbially-derived chymosin synthesized and naturally occurring regulation is confusing or unnecessarily (i.e., rennet) enzyme preparations (55 substance may include the presence of restrictive. In addition, the agency may FR 10932 at 10935, March 23, 1990; 57 any residues of potentially harmful choose to complete a rulemaking FR 6476 at 6479, February 25, 1992; 58 chemicals carried over to the synthetic already begun as part of the agency- FR 27197 at 27202, May 7, 1993) and substance from the manufacturing initiated GRAS review. several animal-and plant-derived process. Proposed § 170.35(a) includes a enzyme preparations (60 FR 32904 at FDA invites comment on the technical revision that amends current 32911, June 26, 1995). applicability of the concept of § 170.35(a) to place it in the singular. However, the concept of substantial substantial equivalence to the technical For consistency with the language of the element of a GRAS determination. equivalence may be of minimal statute, proposed § 170.35(a) also has relevance in circumstances where the V. Proposed Revisions to § 170.35— been revised to clarify that the differences between two substances Affirmation of GRAS Status Commissioner might affirm the GRAS status of a use of a substance, rather outweigh the similarities. Thus, a As a result of the agency’s experience critical factor that must be considered than the substance itself. in processing FAP’s and GRAS In light of the increasing complexity when applying the concept of affirmation petitions, FDA has of the food supply, FDA recognizes that substantial equivalence is any difference tentatively concluded that the petition members of the food industry may wish in composition or characteristic process, which is the statutorily to engage in discussions with the agency properties between the substances being mandated process for food additives, concerning novel issues that accompany compared. In the example of a should no longer be applied to GRAS the technical element of some GRAS microbially-derived enzyme substances, where the conditions of safe determinations. FDA believes that the preparation, its principal enzyme use of a substance have already been elimination of the GRAS petition component may show substantial recognized by qualified experts. FDA process will not constrain industry from equivalence in structure and function to believes that the lengthy rulemaking consulting with the agency about such that of a GRAS enzyme preparation associated with the GRAS petition derived from an animal source but process deters many persons who novel issues. Rather, FDA believes that exhibit different properties such as independently determine that use of a the substitution of the proposed specific activity (i.e., the rate at which substance is GRAS from informing the notification procedure for the current the enzyme catalyzes a reaction) or agency of such determinations. petition process will encourage industry optimum reaction conditions of pH and Moreover, FDA believes that the current to consult with FDA early in temperature because of changes, either commitment of its resources to the development of food substances to through natural selection or through GRAS petition process provides limited identify the critical aspects of the safety selective chemical modification, in the public health benefit because determination that would need general particular amino acid sequence of the manufacturers who submit an recognition to qualify for a GRAS enzyme’s active site. Such differences, affirmation petition frequently market exemption. which are common when comparing the substance at issue before FDA FDA is also proposing to remove enzyme preparations derived from reaches a decision on the GRAS status current § 170.35(c), which prescribes the different sources, generally do not of its intended use. procedure for the submission of a GRAS outweigh the similarities between the Accordingly, FDA is proposing to affirmation petition. Under proposed enzyme preparations. amend current § 170.35(a) to remove the § 170.35(a), FDA will no longer be provision that FDA may review the bound to review such a petition. 2 In the plant policy statement, FDA used the term GRAS status of a substance added to Therefore, if proposed § 170.35(a) ‘‘substantial similarity,’’ rather than ‘‘substantial food in response to a petition from an becomes final, current § 170.35(c) will equivalence,’’ to avoid possible confusion with the become obsolete. agency’s use of the concept of ‘‘substantial interested party. FDA has tentatively equivalence’’ with respect to the premarket concluded that the elimination of the VI. Proposed Establishment of a notification process for medical devices. For GRAS petition process would not Notification Procedure consistency with current thinking from adversely affect public health because international expert groups such as the FAO/WHO A. General Requirements and OECD consultation groups, FDA is now using the agency is simultaneously proposing the term ‘‘substantial equivalence’’ with respect to to establish a notification procedure for Proposed § 170.36(a)(1) provides that food products. GRAS substances. FDA has also any person may notify FDA of a claim 18946 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules that a particular use of a substance is to make this product; that is, that the FDA is aware that there is increasing exempt from the statutory premarket substance be GRAS for such use, used interest in submitting an electronic copy approval requirements based on the in accordance with the agency’s food of information prepared for regulatory notifier’s determination that such use is additive regulations, or authorized for purposes. FDA requests comment on GRAS. The agency encourages such use by a prior sanction (proposed whether it would be appropriate to manufacturers and developers of food § 106.40(a); 61 FR 36154 at 36212, July require or recommend that the substances and of new processes for 9, 1996). FDA also proposed that a ‘‘new submission include an electronic copy producing food substances to use this infant formula’’ submission required in addition to the three paper copies notification procedure to inform FDA if under section 412 (c) and (d) of the act required under proposed § 170.36(b). such manufacturers or developers (21 U.S.C. 350a (c) and (d)) include the B. Specific Requirements conclude that there is general basis on which each ingredient meets recognition that use of a substance is the requirements of proposed Proposed § 170.36(c) provides details safe.3 § 106.40(a), and that any claim that an on information that must be included in Current agency regulations ingredient is GRAS be supported by a a notice. FDA recognizes that a decision concerning the eligibility of a substance citation to the agency’s regulations or by to submit a notice is voluntary. for a health claim (§ 101.14(b)(3)(ii)) (21 an explanation as to why there is However, as discussed (see discussion CFR 101.14(b)(3)(ii)) require that a general recognition of the safety of the of proposed § 170.36(e)), under the substance that is to be consumed as a use of the ingredient in infant formula proposed notification procedure, FDA component of conventional food at (proposed § 106.120(b)(6)(ii); 61 FR would respond to a notice within 90 other than decreased dietary levels be a 36154 at 36217). Again, as discussed in days. In order for the agency to meet food, food ingredient, or a component of detail in section VI.D of this document, this timeframe, the information in the a food ingredient, whose use, at the an agency response to a GRAS notice notice needs to be presented in an levels necessary to justify a claim, be would not be equivalent to an agency orderly and consistent fashion. demonstrated by the proponent of the affirmation of GRAS status or place an Moreover, FDA believes that a claim, to FDA’s satisfaction, to be safe agency imprimatur on the substance prescribed format and a description of and lawful under the applicable food that is the subject of the notice. information that the agency considers safety provisions of the act. In the final Therefore, if adopted, this proposed important in supporting a GRAS rule establishing § 101.14(b)(3)(ii) (58 GRAS notification program will not determination would simplify the FR 2478 at 2502, January 6, 1993), FDA substitute for the requirements proposed notifier’s task of preparing the notice. explained that the preliminary for new infant formula submissions. 1. GRAS Exemption Claim requirement that a substance be safe and The fact that the proposed GRAS lawful was necessary in the health claim A GRAS determination must comply notification program will not satisfy the regulation because FDA’s authorization with the provisions of § 170.30 and the requirements of either § 101.14(b)(3)(ii) of a health claim places the agency’s person making such determination is or proposed § 106.120(b)(6)(ii) is imprimatur on the claim. FDA further responsible for ensuring such reflected in proposed § 170.36(a)(2). stated that it would be a violation of the compliance, regardless of whether that Under proposed § 170.36(a)(2)(i), any agency’s responsibility under the act to person notifies the agency about the person who submits a health claim authorize a health claim for a substance determination. Accordingly, proposed petition under § 101.14 must comply in without the agency being satisfied that § 170.36(c)(1) requires that the notice the particular use of the substance is full with § 101.14(b)(3)(ii), regardless of include a claim (hereinafter referred to safe. As discussed in detail in section whether the agency has been notified as the ‘‘GRAS exemption claim’’), dated VI.D of this document, an agency under proposed § 170.36 about a and signed by the notifier, that a response to a GRAS notice would not be relevant GRAS determination and particular use of a substance is exempt equivalent to an agency affirmation of regardless of the nature of the agency’s from the premarket approval GRAS status. Therefore, if adopted, the response to that notice. Similarly, requirements of the act because the GRAS notification procedure proposed proposed § 170.36(a)(2)(ii) provides that notifier has determined that such use is in this notice will not satisfy a health any person who makes a new infant GRAS. Proposed § 170.36(c)(1) would claim petitioner’s responsibilities under formula submission under § 106.120 distinguish the notification procedure, § 101.14(b)(3)(ii). must comply in full with in which the notifier explicitly accepts In addition, FDA recently proposed § 106.120(b)(6)(ii), regardless of whether responsibility for the GRAS that good manufacturing practice for the agency has been notified under determination, from the GRAS petition infant formula requires that only proposed § 170.36 about a relevant process, in which the notifier is substances whose use in infant formula GRAS determination and regardless of requesting that the agency affirm the is safe and suitable under the applicable the nature of the agency’s response to GRAS status of use of a substance. food safety provisions of the act be used that notice. Proposed § 170.36 (c)(1)(i) through Proposed § 170.36(b) requires that (c)(1)(iv) identify specific information 3 FDA considers that the current voluntary notice of a GRAS exemption claim be required in a GRAS exemption claim in procedure whereby developers of new plant submitted in triplicate and provides the a prescribed format. This requirement varieties modified through the use of rDNA address for such a submission. FDA techniques notify the agency about food derived will simplify the notifier’s task of from the plant is parallel to, and has some plans to use one copy of the notice for preparing this section of a notice and overlapping provisions with, the proposed GRAS the agency’s administrative record. FDA will enable the agency to use this notification procedure but is nonetheless distinct anticipates that at least two agency section of a notice to effectively and from this proposed procedure. For example, current notices to the agency concerning new plant scientists, with food safety expertise efficiently inform the public about varieties generally are broader in scope than the relating to identity, dietary exposure received notices (see discussion of regulatory status of substances introduced into the and health effects, will evaluate most proposed § 170.36(f)(2)). new plant variety and usually include a safety and notices. Thus, for efficient FDA has requested comment on nutritional assessment of food derived from the new plant variety in addition to a basis for the notifier’s administration of the notification whether proposed § 170.36(b) should determination that an FAP is not required for any procedure, FDA is stipulating that three require or recommend that an electronic of the substances introduced into that food. copies of a notice be submitted. copy of the entire notice be submitted Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18947 in addition to three paper copies. In boundaries of the GRAS exemption evaluated the evidence that forms the particular, receiving electronic copies of claim consistent with section 201(s) of basis of such a determination, regardless the GRAS exemption claim may make the act, which states that a GRAS of whether the person subsequently FDA’s administration of the GRAS substance must be generally recognized notifies the agency about the claim. notification procedure more efficient, as safe ‘‘under the conditions of its Therefore, FDA believes that the burden especially if the agency uses an intended use.’’ This information is also to the notifier of the proposed rule is the electronic means to make those claims necessary to determine whether dietary minimal burden of maintaining the readily accessible to the public. exposure to the substance presents a information. Such preservation of the Accordingly, FDA specifically requests basis for concern about the safety of its data and information that are the basis comment on whether the regulation use. for the GRAS determination also should include a recommendation or d. Basis for the GRAS determination. represents prudent practice for those requirement that the notice include an Proposed § 170.36(c)(1)(iv) requires that who claim an exemption from a electronic copy of the GRAS exemption the GRAS exemption claim identify the statutory requirement. claim required by proposed basis for the GRAS determination as The new procedure that FDA is § 170.36(c)(1). either scientific procedures or proposing to establish will involve the a. Notifier. Proposed § 170.36(c)(1)(i) experience based on common use in submission of a detailed summary of the requires that the GRAS exemption claim food. The act differentiates between information that forms the basis for an include the name and address of the these two bases for GRAS determination exemption from a statutory requirement notifier. This is necessary for full and, under § 170.30, the requirements rather than the submission of the identification of the person who accepts for a scientific procedures GRAS information itself. It therefore is prudent responsibility for the claim. This is also determination are different from the that FDA monitor compliance with the necessary so that the agency can both requirements for a common use GRAS essence of the statutory requirement acknowledge receipt of the notice determination. The basis for a GRAS (i.e., that there is common knowledge (proposed § 170.36(d)) and inform the determination is thus fundamental to among qualified experts that there is notifier of the agency’s response to the the GRAS exemption claim. reasonable certainty that the substance notice (proposed § 170.36(e)). e. Availability of information. A is not harmful under the intended b. Name of notified substance. GRAS determination must comply with conditions of use). Accordingly, FDA Proposed § 170.36(c)(1)(ii) requires that the provisions of § 170.30 and the intends to conduct random audits of the GRAS exemption claim include the person making such determination is data and information maintained by the common or usual name of the notified responsible for ensuring such notifier. Moreover, because the substance. This is necessary to identify compliance, regardless of whether that proposed substitution of a notification the notified substance as well as to person notifies the agency about the procedure for the current petition identify whether there are any labeling determination. As discussed more fully process would allow FDA to direct its issues that need to be addressed. The below (see discussion of proposed resources to priority questions about notifier may include in the GRAS § 170.36(c)(4)), and in keeping with the GRAS status, FDA might conduct an exemption claim additional agency’s commitment to achieving the audit on a broad issue or class of information, such as that described in goals for Reinventing Food Regulations, products if the issue or use of a class of proposed § 170.36(c)(2), concerning the FDA is proposing to require that a products raises important public health identity of the substance if such notifier supply a detailed summary of issues. information is appropriate or necessary the information that is the basis for a to fully and unambiguously describe it. GRAS determination rather than the 2. Identity and Specifications The agency recognizes that notifiers information itself. Proposed Proposed § 170.36(c)(2) requires that may have questions concerning the § 170.36(c)(1)(v) provides a mechanism the notice include detailed information common or usual name for a notified for FDA to verify the information that about the identity of the notified substance. FDA advises that in such supports a GRAS determination by substance, including, as applicable, the circumstances, a notifier should consult requiring that the GRAS exemption chemical name, Chemical Abstracts with the Office of Food Labeling in claim include a statement that the data Service (CAS) registry number, Enzyme FDA’s Center for Food Safety and and information that are the basis for Commission (EC) number, empirical Applied Nutrition (CFSAN). the determination are available for formula, structural formula, quantitative c. Conditions of use. Proposed review and copying by FDA or will be composition, method of manufacture § 170.36(c)(1)(iii) requires that the GRAS sent to FDA upon request. Notifiers who (excluding any trade secret exemption claim identify the applicable voluntarily choose to notify FDA of a information), characteristic properties, conditions of use of the notified GRAS determination receive as a benefit any potential human toxicants, and substance, including the foods in which a response that documents the agency’s specifications for food-grade material. the substance is to be used, levels of use awareness of the determination. As a This detailed information, which would in such foods, and the purposes for condition of that benefit, the notifier be in addition to the substance’s which the substance is used, including, must consent to grant FDA access to the common or usual name that would be when appropriate, a description of the data and information that are the basis included under proposed population expected to consume the of the GRAS determination. § 170.36(c)(1)(ii), is necessary to substance (e.g., if the substance is There is no burden on the notifier for describe accurately the notified intended for use in a limited developing the data and information substance using commonly accepted population, such as ingredients used that are the basis for the GRAS scientific nomenclature and practice. mainly in infant formula, medical foods, determination because such data and For some substances, such as calcium or in specially designed food products information must already be generally acetate (21 CFR 184.1185), the most typically consumed as a sole source of available in order to satisfy the common relevant information concerning the diet by persons who are unable to knowledge element of a GRAS identity may be chemical information consume food in conventional form). determination. Additionally, any person such as its CAS registry number and Information describing the conditions of who determines that a substance is empirical formula. For other substances, use is necessary to delineate the GRAS should have assembled and such as whey (21 CFR 184.1979), a 18948 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules chemical formula cannot be used for Similarly, the regulations for many requires that information about the identification; instead, source and GRAS substances stipulate, as a general substance show that there is reasonable quantitative composition (e.g., percent purity specification, the maximum certainty in the minds of competent of protein, fat, ash, lactose, and permissible level of a heavy metal scientists that the substance is not moisture) appropriately describe the toxicant such as lead. harmful under the intended conditions substance. In addition, GRAS substances of use. The nature of the information In many cases, the method of frequently require a particular identity that the notifier relies on to establish the manufacture provides important specification to adequately define the technical element of the GRAS standard identity information. For example, an substance whose safety is generally enzyme preparation that is derived from recognized. For example, in affirming may vary from substance to substance. an animal source and contains the that canola oil (i.e., low erucic acid Such information may include, but is enzyme chymosin as its principal rapeseed oil) is GRAS for use as an not limited to, the identity, enzyme component (§ 184.1685(a)(1) (21 edible fat and oil, FDA only considered characteristic properties, and methods CFR 184.1685(a)(1))) is chemically the GRAS status of oil that contains of manufacture of the notified different from an enzyme preparation levels of a specific fatty acid (erucic substance, applicable toxicological that is derived from a microbial source acid) that are no more than 2 percent of studies, and information relating to and contains the enzyme chymosin as the component fatty acids. Therefore, dietary exposure. its principal enzyme component the identity specification for low erucic The common knowledge element (§ 184.1685(a)(2)) because the acid rapeseed oil (21 CFR requires both that the information relied components and contaminants derived 184.1555(c)(1)) stipulates that, on be generally available and that there from the source material are distinctly chemically, the oil is a mixture of be a basis to conclude that there is different. triglycerides, composed of both expert consensus about the safety of the In some cases, the characteristic saturated and unsaturated fatty acids, substance for its intended use. A notice properties of a substance may be with an erucic acid content of no more summary that fully describes the important when defining the conditions than 2 percent of the component fatty technical evidence of safety, but does under which the substance may safely acids. be used. For example, if an isolated or In some cases, FDA expects that the not provide a basis to conclude that the chemically processed fiber is intended specifications for a notified substance technical evidence is generally available for use as a replacement for part of the may be generally available in a standard and accepted, would be incomplete. The flour used in baked goods, information reference such as the Food Chemicals common knowledge element applies to about its physicochemical properties, Codex (FCC), which contains general all of the evidence that is the basis for such as its ability to swell due to high and specific requirements for more than the safety determination. water absorption or to bind 900 substances used in food. In other a. Technical evidence of safety. physiologically important ions, may be cases, the specifications for the notified Proposed § 170.36(c)(4)(i)(A) requires important in establishing a safe level of substance may be the same as, or similar that the notice include a detailed the fiber in baked goods. to, specifications in the agency’s GRAS summary of the basis for the notifier’s The proposed requirement that regulations but not available in any determination that a particular use of information relating to identity include other standard reference. For example, the substance is GRAS through any potential human toxicants in the the specifications for an oil that is notified substance derives from the scientific procedures. This summary substantially similar to hydrogenated would include a comprehensive known presence of such toxicants in and partially hydrogenated menhaden substances of natural biological origin. discussion of, and citations to, generally oil, which FDA has affirmed as GRAS available and accepted scientific data, For example, it is well known that for use as an edible fat or oil, could be information, methods, or principles that potatoes contain the naturally occurring based on the specifications in 21 CFR the notifier relies on to establish safety. toxicant, solanine. In the plant policy 184.1472. statement (57 FR 22984 at 22987), FDA Proposed § 170.36 (c)(2) and (c)(3) of discussed the importance of ensuring 3. Self-limiting Levels of Use the notice would require that that new plant varieties do not contain Proposed § 170.36(c)(3) requires that information relating to the identity, significantly higher levels of toxicants the notice include any self-limiting characteristic properties, and methods than are present in other edible varieties levels of use of the substance. If a of manufacture of the notified substance of the same species. This consideration substance is added to food above its be described in detail; therefore, the applies to all food products that derive technologically self-limiting level, the comprehensive discussion in the notice from a source known to contain food becomes unpalatable, unappealing summary should focus on how that naturally occurring toxicants. or otherwise unfit for consumption. information is relevant to the GRAS Specifications are an important factor Information on a technologically self- determination. Under proposed in establishing food-grade quality for limiting level of use of a substance § 170.36(c)(4), the comprehensive any substance intended for use in food. would be important in addressing discussion in the notice summary of any Substances that do not meet the concerns about the level of use of the applicable toxicological studies should specifications may not be suitable for substance as a food component. For fully describe such studies, identify the use in food. Specifications may be example, it is generally known that the conclusions drawn from such studies, general or particular and may relate to taste associated with many GRAS and explain how these conclusions are identity, purity, or both. synthetic flavoring substances limits the relevant to the GRAS determination. General specifications governing both levels at which the flavoring substances FDA is not proposing to require that the identity and purity are common for can be used to levels below those GRAS substances. For example, the known to exhibit toxic properties. notice include the raw data supporting regulations for microbially-derived the conclusions of applicable GRAS substances usually stipulate, as a 4. Scientific Procedures GRAS toxicological studies because the agency general identity specification, that the Determination does not intend, in most cases, to source microorganism be a The technical element of a scientific conduct its own detailed evaluation of nontoxigenic, nonpathogenic strain. procedures GRAS determination those data. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18949

Proposed § 170.36(c)(4)(i)(A) specifies Under proposed § 170.36(c)(4)(i)(A), procedures requires the same quantity that the discussion in the notice notifiers should limit published and quality of scientific evidence summary include a consideration of the information citations to those that the required to obtain approval of the probable consumption of the substance notifier discusses and relies on to substance as a food additive. and the cumulative effect of the support a GRAS determination or that d. Basis for concluding expert substance in the diet, taking into are appropriately discussed and consensus. Proposed § 170.36(c)(4)(i)(C) account any chemically or explained because they may appear to requires that the notice summary of a pharmacologically related substances in be inconsistent with a GRAS scientific procedures GRAS such diet. This consideration of dietary determination (see discussion of determination include the basis for exposure is mandated for food additives proposed § 170.36(c)(4)(i)(B)). concluding, in light of the data and by section 409(c)(5) of the act; Accordingly, the notifier should not cite information described in the notice, that § 170.30(b) further provides that a published information unless the cited there is a consensus among qualified scientific procedures GRAS information bears directly on the GRAS experts that there is reasonable certainty determination requires the same determination. For example, a that the substance is not harmful under quantity and quality of scientific bibliography describing an exhaustive the intended conditions of use. Thus, evidence as would be required to literature search about a notified the notice summary must consider the approve a food additive. Thus, such substance is of limited or no value in totality of the publicly available and information should be included in the supporting the common knowledge corroborative evidence about the safety notice summary. Several technical element of a GRAS determination if the of the substance for its intended use, documents that discuss the practical relevance of the cited literature is not including both favorable and potentially details of estimating consumer exposure readily apparent or fully discussed. unfavorable information. to a food substance are available from Moreover, such a bibliography would As discussed in section I.C of this the agency.4 not, absent a discussion of the relevance document, the bases for concluding that there is the requisite expert consensus The notice summary may also include of the material cited to the GRAS may be quite varied. For example, there a comprehensive discussion of scientific determination in question, fulfill the technical element of a GRAS could be a basis to conclude that the data, information, and methods that, in necessary expert consensus exists if data the notifier’s view, corroborate the determination. c. Unfavorable information. Proposed published in the primary scientific GRAS determination. For example, for a § 170.36(c)(4)(i)(B) requires that the literature establish the safety of a substance whose safety is established notice summary of a scientific substance for its intended use and such based on its identity, method of procedures GRAS determination data raise no safety questions that manufacture, and characteristic include a comprehensive discussion of experts would need to resolve. On the properties, a notifier may describe a any reports of investigations or other other hand, data published in the toxicological study and rely on these information (e.g., adverse event reports primary scientific literature may not data as corroborative. However, as with and consumer complaints) that may provide a basis for expert consensus if studies that are relied on to support a appear to be inconsistent with the GRAS those data raise unresolved safety GRAS determination, the determination. FDA is proposing this questions. Alternatively, the opinions of comprehensive discussion should fully requirement as a prelude to proposed a specially convened expert panel or of describe such studies, identify the § 170.36(c)(4)(i)(C), which would an authoritative body such as NAS may conclusions drawn from such studies, require that the notice summary include provide a basis for expert consensus. and explain how these conclusions are a basis to conclude that there is expert However, an ongoing scientific relevant to the GRAS determination. consensus regarding the safety of use of discussion or controversy about safety b. General availability of information the substance. In other words, in order concerns raised by available data would supporting safety. The inclusion of to meet the act’s general recognition make it difficult to provide a basis for citations to published articles is standard, all information, both favorable expert consensus about the safety of a customary scientific practice and is the and unfavorable, that bears on the safety substance for its intended use. simplest way to demonstrate the general of the substance for its intended use 5. Common Use GRAS Determination availability of the information on which must be considered. the notifier relies. Proposed Proposed § 170.36(c)(4)(i)(B) is a. Technical evidence of safety. § 170.36(c)(4)(i)(A) does not require that consistent with the provision in current Proposed § 170.36(c)(4)(ii)(A) requires a notifier submit copies of published § 170.35(c)(1)(iv) and (c)(1)(v) (which that the notice summary of a common information identified in the notice are proposed for deletion) that a GRAS use GRAS determination include a summary because, in most cases, the affirmation petition include adverse comprehensive discussion of, and agency does not intend to conduct its information or consumer complaints citations to, generally available data and own detailed evaluation of the data that and be a representative and balanced information that the notifier relies on to the notifier relies on to support a submission that includes known establish safety, including evidence of a determination that a use of a substance information, both favorable and substantial history of consumption of is GRAS. Rather, the agency intends to unfavorable. Proposed the substance by a significant number of evaluate whether the notice summary § 170.36(c)(4)(i)(B) is also consistent consumers. Under current establishes a basis to conclude that there with a similar provision (§ 171.1(c) (21 § 170.30(c)(1), in evaluating whether use is expert consensus regarding the safety CFR 171.1(c))) in the FAP regulations, of a substance is GRAS through of use of the substance. which requires that the petition must experience based on common use in not omit without explanation any food prior to January 1, 1958, FDA relies 4 For example, ‘‘Recommendations for reports of investigations that would bias on information documenting that the Submission of Chemical and Technological Data for an evaluation of the safety of the food ‘‘common use in food’’ of a substance Direct Food Additive and GRAS Food Ingredient additive. Thus, the requirement in satisfies the definition in § 170.3(f) such Petitions’’ (1993); ‘‘Estimating Exposure to Direct Food Additives and Chemical Contaminants in the proposed § 170.36(c)(4)(i)(B) is that adverse health effects, if they Diet’’ (1995); and ‘‘Recommendations for Chemistry appropriate because general recognition occurred, could be noted. In other Data for Indirect Food Additive Petitions’’ (1995). of safety based upon scientific words, a substance is not eligible for the 18950 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

GRAS exemption merely because it was c. Unfavorable information. Proposed documentation of the information, usually by used in food before January 1, 1958, if § 170.36(c)(3)(ii)(B) requires that the publication. such use were not sufficiently notice summary of a common use GRAS (50 FR 27294 at 27295, July 2, 1985) widespread.5 determination include a comprehensive In addition, under § 170.30(c)(2), The fact that GRAS status is discussion of any reports of when the common use in food occurred determined through experience based investigations or other information that exclusively or primarily outside of the on common use in food does not may appear to be inconsistent with the United States, a common use GRAS preclude, in addition to information GRAS determination. The legislative determination requires that such use be documenting that a substance has a history of the 1958 amendment documented by published or other substantial history of consumption for demonstrates that Congress believed information and be corroborated by food use by a significant number of that there was no reason to conduct information from a second, consumers, a discussion of relevant data specific tests to establish the safety of independent, source that confirms the or information that bears on the safety substances commonly used in food history and circumstances of use of the of the substance under its intended because their history of common use substance. Such information must be conditions of use. Thus, the notice established a presumption of such safety widely available in the country in summary may also include a (Ref. 1). However, nothing in the which the use occurred and readily comprehensive discussion of scientific legislative history suggests that Congress accessible to interested qualified experts data or information that, in the notifier’s intended that subsequent reports of in the United States. adverse effects associated with the use view, corroborates the common use C. Agency Response GRAS determination. With respect to of a substance in food be ignored in the toxicological studies that are viewed as safety evaluation. A notice summary of 1. Acknowledgment of Receipt a common use GRAS determination corroborative, the comprehensive Proposed § 170.36(d) requires that, should also address whether use was/is discussion should fully describe the within 30 days of receipt of a notice, sufficiently widespread that any studies, identify the conclusions drawn FDA acknowledge receipt of the notice substance-related adverse effects would from such studies, and explain how by informing the notifier in writing of be observed and recorded. Where a these conclusions are relevant to the the date on which the notice was substance has been used by a limited GRAS determination. received. This acknowledgment would population, 6 As discussed in section I.A of this for a limited period of serve as a means to establish the date of document, it is the use of a substance, time, or under circumstances that do not receipt, which FDA is proposing to rather than the substance itself, that is lend themselves to the observation and couple with certain aspects of the eligible for the GRAS exemption. In recording of adverse effects, the lack of agency response (see discussion of addition, section 201(s) of the act makes reported adverse effects may not be proposed § 170.36 (d), (e), and (f) of this a clear distinction between qualifying meaningful. document). for the GRAS exemption through d. Basis for concluding expert scientific procedures and qualifying for consensus. Proposed § 170.36(c)(4)(ii)(C) 2. 90-Day Response Letter the GRAS exemption through common requires that the notice summary of a Under the proposed notification use in food. Many substances that are common use GRAS determination procedure, FDA would not receive the GRAS for a specific use through a include the basis for concluding, in light detailed data and information that common use GRAS determination could of the data and information described in support a GRAS determination. become the subject of GRAS the notice, that there is a consensus Therefore, FDA would not be in a determinations for additional uses. It is among qualified experts and that there position to affirm a notifier’s conclusion important to note, however, that an is reasonable certainty that the that a use of a substance is GRAS, and evaluation of whether an additional use substance is not harmful under the the rulemaking part of the GRAS of a substance that is GRAS through intended conditions of use. Thus, the affirmation process would not be experience based on common use in notice summary must consider the necessary or appropriate. Rather, FDA food is also GRAS requires a scientific totality of the publicly available and would evaluate whether the notice procedures GRAS determination when corroborative evidence about the safety provides a sufficient basis for the the use in question was not common of the substance for its intended use, notifier’s GRAS determination. For prior to January 1, 1958. including both favorable information example, FDA may question the GRAS and potentially unfavorable status of use of a substance if the b. General availability. As discussed information. for notifiers of a scientific procedures information provided in a notice: (1) FDA has previously discussed the Does not adequately establish technical GRAS determination, notifiers of a common knowledge element as it common use GRAS determination evidence of safety; (2) is not generally applies to a common use GRAS available; (3) does not convince the should limit citations to published determination which reads as follows: information to those that the notifier agency that there is the requisite expert discusses and relies on to support a For a substance to be GRAS on the basis consensus about the safety of the of a history of common use in food, there GRAS determination or that are substance for its intended use; or (4) is must be a consensus among the community so poorly presented that the basis for the appropriately discussed and explained of qualified experts that the use of the because they appear to be inconsistent substance is safe. For such a consensus to be GRAS determination is not clear. FDA with the GRAS determination. possible, information about the use of the also may be aware of information that is substance must be generally available. not included in the notice but raises 5 For example, subsequent to the 1958 General availability is the result of important public health issues that lead amendment, FDA required that food additive the agency to question GRAS status of petitions be submitted for several substances, such 6 An exception is the use of a food substance in use of the substance. as polysorbates (25 FR 1727, February 27, 1960), a limited population such as infants, where such FDA believes that this narrow agency even though those substances had been used in limited use may be part of a demonstration of the food prior to January 1, 1958, because the pre-1958 safety of the substance for use by the limited evaluation would not have a negative consumption alone was not sufficient to establish population (e.g., as an ingredient in an infant impact on public health because the safety (24 FR 11079, December 31, 1959). formula). agency is replacing a voluntary Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18951 administrative process that was prerogative under the statute to market concerning the safety of a substance or developed to provide official a GRAS substance. Nonetheless, as an class of substances that is used in food recognition of a lawfully made GRAS alternative approach, the notification unless action by the agency is necessary determination with a different voluntary program could be structured so that for public health protection. administrative procedure. From a legal FDA responds to the notifier only when Similarly, FDA may direct resources and regulatory perspective, this the agency questions the GRAS status of to exploring issues raised by a GRAS substitution is neutral. the intended use of the substance. FDA notice even though such issues do not, This narrow evaluation would specifically requests comment on on their face, appear to be significant facilitate FDA’s rapid response to the whether the agency should, in all cases, public health issues. Alternatively, FDA notifier. Accordingly, under proposed provide a notifier with a letter at the may, at some point after its 90-day § 170.36(e), FDA would respond to the conclusion of the agency’s evaluation of response to the notifier, receive notifier in writing within 90 days of a notice. Such comments may result in additional information about a notified receipt of the notice. In some a modification to proposed § 170.36(e). substance that raises questions about the circumstances, the agency’s response FDA has also considered whether the safety of that substance. If, after issuing would not question the GRAS time for the agency’s response should be a 90-day response letter, questions determination. This response, however, longer than 90 days, and specifically develop for the agency regarding the would not be equivalent to an agency requests comment on whether the GRAS status of a use of a substance, affirmation of GRAS status because FDA proposed 90-day timeframe for an FDA may subsequently advise the would neither receive nor review the agency response should be lengthened, notifier and other interested parties of detailed data and information that e.g., to 120 days or 150 days. FDA’s those questions. support the GRAS determination. In proposal to respond within 90 days In such circumstances, FDA addition, consistent with proposed reflects both a commitment to ordinarily expects to advise a notifier by § 170.36(a)(2), any response from FDA operational efficiency and a belief that letter that the agency has subsequently would not constitute compliance with the agency’s evaluation of whether a identified a problem with the notice. As § 101.14(b)(3)(ii) or with the notice provides a sufficient basis for a discussed more fully in section VI.F of requirements that the agency has GRAS determination could likely be this document, such a letter would be proposed (61 FR 36154) for new infant accomplished in such a period. placed in a publicly accessible file so formula submissions. However, FDA’s expectation that it that other interested parties would In other circumstances, the agency’s could respond within 90 days is in part become aware of the agency’s position. response could include identification of predicated on its estimate, which is Alternatively, FDA may, in accordance a problem with the notice. However, discussed more fully in the agency’s with §§ 170.35(b)(4) and 170.38, publish whether FDA chooses to advise a analysis of the information collection a notice in the Federal Register notifier that the agency has identified a requirements of this document, that the determining that use of a substance is problem with the notice, where the agency would receive approximately 50 not GRAS and is a food additive subject notice raises no important public health notices per year. Accordingly, although to section 409 of the act. Importantly, issues, is a matter committed to the comments on the information collection however, when faced with a public agency’s discretion. requirements of this document are health hazard, the existence of such FDA is proposing to respond in submitted directly to the Office of rulemaking authority would not writing to a notifier in all circumstances Information and Regulatory Affairs, preclude other agency action, including for the following reasons. First, a OMB, the agency also requests comment seizure and injunction, to remove from written response would make clear that directly to FDA on the number of the market a product that is an the agency’s evaluation of a notice has notices that manufacturers anticipate unapproved food additive. come to closure. Second, as discussed submitting on an annual basis. Such As discussed in section VI.A of this more fully in section X of this information may result in a modified document, FDA has recently proposed document, FDA believes that a written timeframe for the agency’s response. that a ‘‘new infant formula’’ submission response would facilitate international required under section 412 (c) and (d) trade. Third, as discussed more fully in 3. Subsequent Agency Action of the act include the basis on which section VI.F of this document, FDA FDA is continuously evaluating the each ingredient is determined to be safe believes that a written response would safety of substances in the food supply. and suitable under the food safety be a useful element of any file that the In some cases, FDA may consider provisions of the act (proposed agency makes publicly accessible or any whether an emerging body of scientific § 106.120(b)(6)(ii); 61 FR 36154 at inventory that the agency prepares of knowledge raises questions about the 36217). The agency could receive a notices received under proposed continued safe use of a food additive or notice under proposed § 170.36 § 170.36. of a substance whose use was listed as concerning a GRAS determination for a However, under a notification GRAS, affirmed as GRAS, or commonly broad use of a substance in foods and procedure, an agency response is not considered to be GRAS by the food subsequently receive a new infant imperative in those circumstances in industry. Likewise, FDA may consider formula submission that lists the which the agency chooses to raise no whether specific information brought to substance as an ingredient in a new question about the GRAS status of the the agency’s attention (e.g., through infant formula and asserts that the use intended use of the substance. As routine correspondence from interested of the substance in infant formula is discussed in sections I.A and II of this parties or through a citizen petition) GRAS. In such circumstances, FDA document, a manufacturer may market a raises such safety questions. In most could choose to reexamine the notice substance that the manufacturer cases, the information that comes to previously received under proposed determines is GRAS without informing FDA’s attention does not demonstrate a § 170.36. If, following such the agency or, if the agency were so health hazard, and the scientific issues reexamination, the agency questions informed, while the agency is reviewing are resolved upon consideration by the whether use of the substance in infant that information. Thus, FDA’s proposal agency. Thus, the agency does not formula is GRAS, the agency could so to respond to a notifier in all routinely publicize safety issues that it inform the person who submitted the circumstances does not alter a notifier’s is considering, or reconsidering, GRAS notice under proposed § 170.36. 18952 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

D. Appeals responsible for ensuring that the appropriate, establish a regulation in FDA recognizes that in some cases a determination complies with the part 184 or part 186 affirming such use notifier may disagree with the agency if provisions of § 170.30, regardless of as GRAS. However, if this proposal the notifier receives a response advising whether that person notifies the agency becomes final, the existing process that FDA has identified a problem with about the determination. Further, the whereby an interested person may the notice. FDA has recently reviewed common knowledge element of a GRAS petition FDA to affirm the GRAS status the vehicles, provided in part 10 (21 determination signifies that neither the of use of a substance and list such CFR part 10) of its regulations, that any common or usual name of the affirmed uses in part 184 or part 186 person or firm may use to appeal an substance, the intended use of the would be eliminated. agency employee’s decision (61 FR 9181 substance, nor the basis for the GRAS FDA believes that there would be at 9184, March 7, 1996). Although an determination can be confidential. considerable interest, from a broad agency response to a notice under Proposed § 170.36(f)(1) further segment of the public, including proposed § 170.36 does not constitute provides that all remaining data and members of the regulated industry, an agency decision on the GRAS status information in a notice be available for other Federal, State, and local of a substance, FDA is advising that it public disclosure, in accordance with government agencies, international will consider any of the existing appeals part 20 (21 CFR part 20), on the date the government agencies, and public processes that are described below as an notice is received. The common interest groups, in notices received appropriate vehicle to engage the agency knowledge element of a GRAS under proposed § 170.36. Such groups in cases where a notifier disagrees with determination signifies that neither the likely would want to know whether a response received under proposed detailed information about the identity FDA is aware that a substance is being § 170.36. of the substance nor the information used in food on the basis of the GRAS Under § 10.75, an interested person needed to establish technical evidence exemption and whether FDA has may request internal agency review of of safety can be confidential. Therefore, advised the notifier that it has identified an agency decision made by anyone FDA assumes that a notice will not a problem with the notice. Therefore, other than the Commissioner. Such contain any information that is FDA is proposing to establish a review ordinarily would be by the protected from public disclosure. procedure whereby all members of the employee’s supervisor, but may move Moreover, because a GRAS substance public could readily access such up the management ranks to the Center may be marketed without prior information. Moreover, such a Director or to the Office of the approval, FDA assumes that, in most procedure would be in keeping with the Commissioner if the issue cannot be cases, submission of a notice will not agency’s goals in meeting the resolved, important policy matters are reflect the notifier’s plans about the Reinventing Food Regulations. present, or it would be in the public timing of commercialization, which is All GRAS petitions are currently on interest. Sections 10.25 and 10.33 arguably confidential commercial public display at the Dockets permit an interested person to petition information (§ 20.61(b)). Management Branch (DMB) because the the Commissioner to review any A notifier who considers that certain petition process includes informal administrative action. The regulations information in a submission should not rulemaking and DMB is the usual also include less formal methods of be available for public disclosure should repository for information that is appeal. For example, under § 10.65, an identify as confidential the relevant publicly available during informal interested person may correspond or portions of the submission for FDA rulemaking. However, FDA sees no need consideration. FDA will review the to place the entire GRAS notice on meet with FDA about any matter under identified information, determine public display at DMB because, under FDA’s jurisdiction. Finally, any person whether that information is exempt the proposed notification procedure, the with concerns about an agency response from public disclosure under part 20, agency will no longer be engaged in to a notice received under proposed and release or protect the information in rulemaking. Moreover, a process of § 170.36 may contact FDA’s Office of the accordance with that determination. maintaining a copy of all notices at Chief Mediator and Ombudsman (the FDA advises that, in most cases, the DMB would require that an additional Ombudsman’s Office). The agency is likely to determine that all copy be submitted and that an Ombudsman’s Office, which reports information submitted to support a administrative copy be maintained at directly to the Commissioner, works on GRAS determination is available for two locations (i.e., CFSAN as well as resolving issues and conflicts that arise public disclosure. DMB). Such a process would be in any FDA component. The administratively inefficient. Ombudsman’s staff is available to 2. Public Accessibility Nonetheless, FDA has considered the discuss options, explain FDA’s practices The food industry’s basic need to best way to make the information from and procedures, and suggest approaches know whether a food substance is in the proposed notification procedure for resolution. When appropriate, the compliance with applicable provisions readily accessible to the public. FDA staff of the Ombudsman’s Office may of the act originally persuaded the has tentatively concluded that making contact FDA’s staff involved in the issue agency to clarify the regulatory status of both the GRAS exemption claim and mediate a dispute. a multitude of food substances by provided under proposed § 170.36(c)(1) E. Public Disclosure and Accessibility publishing the GRAS list. Under this and all letters issued by the agency proposal, the current GRAS list (i.e., relevant to each claim easily accessible 1. Public Disclosure current part 182) and the regulations to the public is the most direct and Proposed § 170.36(f)(1) provides that listing uses of a substance that FDA has administratively efficient way of any GRAS exemption claim submitted affirmed as GRAS (i.e., current parts 184 meeting the needs of the public. under proposed § 170.36(c)(1) of this and 186 (21 CFR parts 184 and 186)) Accordingly, under proposed section be immediately available for would remain in the agency’s codified § 170.36(f)(2), the following information public disclosure on the date the notice regulations. In addition, FDA is would be readily accessible for public is received. As discussed in section retaining the process whereby the review and copying: (1) A copy of all VI.B.1 of this document, any person agency may, on its initiative, review the GRAS exemption claims received under who makes a GRAS determination is GRAS status of a substance and, if proposed § 170.36(c)(1); (2) a copy of all Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18953 letters issued by the agency under such an inventory would be a new publicly accessible electronic modes, proposed § 170.36(e); and (3) a copy of record within the meaning of § 20.24 such as the agency’s home page on the any subsequent letter issued by the and FDA would not be required to contemporary World Wide Web. FDA agency. prepare such an inventory in response requests comment on making any FDA considered whether the agency to a FOIA request. However, FDA inventory prepared by the agency should only make a GRAS exemption recognizes the utility and importance of available through such electronic claim readily accessible if the agency an inventory of notices received under modes. has not advised a notifier that it has proposed § 170.36 and of the agency’s VII. Effect of the Proposed Notification identified a problem with the notice. response to those notices, particularly Procedure on Existing GRAS Petitions The agency decided to make all claims for persons without ready access to the and responses readily accessible agency’s DMB. FDA also recognizes that Under the current GRAS affirmation because such a system will properly many members of the public would process, the agency conducts a underscore the notifier’s acceptance of prefer to access basic information preliminary examination of the data and responsibility for the determination. relevant to GRAS notices in a information submitted in the petition. If Proposed § 170.36(f)(2) makes explicit to streamlined format. FDA further FDA finds that the submitted notifiers that their notice to the agency recognizes that the agency itself can information conforms to the about a GRAS determination is a public most efficiently carry out its own requirements established under claim. responsibilities (e.g., with respect to §§ 170.30 and 170.35, FDA makes an Initially, FDA intends to prepare a file monitoring imports of food products) by administrative decision to file the containing the information specified by having basic information relevant to petition and publishes a notice in the proposed § 170.36(f)(2) and to place that GRAS notices available in such a Federal Register to that effect. file on public display at DMB. FDA is format. At this time, approximately 60 filed planning this approach because DMB is Therefore, FDA intends to maintain GRAS affirmation petitions are pending a common repository for publicly an inventory of notices received, the at FDA. These petitions were filed with available files. Alternatively, FDA could agency’s response, and any subsequent the agency under an administrative make the file accessible for inspection at relevant agency correspondence. Such process that the agency is proposing to the agency’s Freedom of Information an inventory would be an remove. Therefore, if this proposal Office or, in keeping with the current administratively efficient mechanism of becomes final, the administrative procedures for public inspection of the accounting for the information residing process that FDA would use to bring information FDA considered and relied in the publicly accessible file. Such an these petitions to closure will no longer on to reach a decision on an FAP, at inventory also would complement the be operative. Moreover, FDA is CFSAN. Although FDA has tentatively current agency regulations tabulating proposing to eliminate the GRAS concluded that it would be best to substances that are listed (part 182) or affirmation process in order to increase provide for public accessibility at DMB affirmed (parts 184 and 186) as GRAS. effectiveness and efficiency. The because the public is already FDA has tentatively concluded that continued commitment of agency accustomed to obtaining information any inventory of notices received resources to complete the GRAS petition relating to GRAS substances at that should be an adjunct to proposed process for pending petitions would be location, the agency requests comment § 170.36(f)(2), rather than the sole means contrary to one of the agency’s goals in on this matter. of distributing the information available this rulemaking. FDA is not proposing to codify how from the notification procedure, because FDA recognizes that persons who or where the information prescribed by the agency could place the GRAS have a pending GRAS affirmation proposed § 170.36(f)(2) would be made exemption claims and the letters issued petition have invested time and accessible because any mechanism that by the agency in the publicly accessible resources in those petitions. Therefore, appears in the agency’s regulations will file faster than it could amend an proposed § 170.36(g)(1) stipulates that bind the agency to its provisions. In inventory. However, FDA is not any GRAS affirmation petition filed keeping with the agency’s goals in proposing to codify the inventory as an under § 170.35 prior to the date that a meeting the Reinventing Food adjunct to proposed § 170.36(f)(2) final rule based on this proposal Regulations, FDA wishes to maintain because such an inventory would becomes effective, and still pending as flexibility to improve the process for require continuous amendment and the of such effective date, will be public accessibility, particularly as the administrative procedures required to presumptively converted to a GRAS agency gains experience with electronic amend a codified inventory would be notice under proposed § 170.36. This modes of information dissemination. too cumbersome to meet the needs of conversion will allow the agency to FDA is aware that the public review of the public and the agency efficiently. bring filed GRAS affirmation petitions hard copy (i.e., paper) files in a public FDA is also not proposing to mention to closure, albeit under a different reading room may become obsolete as the availability of the inventory in its process than the one to which they were electronic technology for public codified regulations. In keeping with the submitted. dissemination of information advances. agency’s goals in meeting Reinventing However, the proposed notification FDA requests comment on whether Food Regulations, FDA believes that procedure has certain requirements that proposed § 170.36(f)(2) is an effective refraining from codifying any aspect of have no specific counterpart in the and efficient means to provide the the inventory will provide the agency petition process. In particular, under the public with ready access to information with maximum flexibility to improve notification procedure a notifier from the proposed notification the process by which the inventory is explicitly accepts full responsibility for procedure. updated and maintained. the GRAS determination by signing a Initially, FDA intends that such an GRAS exemption claim (under proposed F. Inventory inventory would be publicly accessible § 170.36(c)(1)). In contrast, under the Proposed § 170.36(f)(2) would not in any file maintained in accordance petition process a petitioner requests require that FDA maintain an inventory with proposed § 170.36(f)(2), e.g., at that FDA attest to a GRAS of the information retained in the DMB. FDA could also make such an determination. Thus, FDA cannot publicly accessible file. Consequently, inventory available through prevailing assume that all persons who submitted 18954 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules a GRAS petition would in fact be Proposed § 170.36(g)(2)(iii) requires all data and information that are the willing to accept full responsibility for that the GRAS exemption claim include basis for the GRAS determination are the determination. the common or usual name of the available for FDA review and copying or Moreover, the GRAS exemption claim substance that was the subject of the will be sent to FDA upon request in proposed § 170.36(c)(1) would be a converted GRAS affirmation petition (proposed § 170.36(g)(2)(vi)(B)). complete and separate section of a (i.e., the notified substance). As with Proposed § 170.36(g)(2)(vi) takes into GRAS notice that could stand alone and proposed § 170.36(c)(1)(ii), this is account the fact that, in many cases, a would contain basic information in a necessary to identify the notified petitioner has already submitted the consistent format. As discussed, under substance as well as to identify whether complete record that supports the GRAS proposed § 170.36(f)(2) the agency there are any labeling issues that need determination. Alternatively, proposed would use the GRAS exemption claim to be addressed. FDA is satisfied that § 170.36(g)(2)(vi) provides to the person to effectively and efficiently inform the detailed identity information, such as who submitted a GRAS petition the public about received notices. Thus, that described in proposed option of agreeing to provide upon logic compels that a GRAS exemption § 170.36(c)(2), will be present in the request any additional information that claim filed under proposed § 170.36(g) referenced petition because, under supports the GRAS determination but include all elements of the claim current § 170.35(c)(1)(i), FDA requires was not included in the GRAS petition. required under proposed § 170.36(c)(1), that a GRAS petition contain such As discussed with respect to proposed rather than only those elements that information as a prerequisite to filing § 170.36(c)(1)(v), FDA might conduct have no counterpart in the GRAS the petition. random audits of such data and affirmation petition process. Proposed § 170.36(g)(2)(iv) requires information or conduct an audit on a Accordingly, proposed § 170.36(g)(2) that the GRAS exemption claim include broad issue or class of products if the provides that any person who submitted the applicable conditions of use that are issue or use of a class of products raises a GRAS affirmation petition that is supported by data and information in important public health issues. converted to a notice under the the referenced GRAS petition, including FDA requests comment on proposed provisions of proposed § 170.36(g)(1) the foods in which the notified § 170.36(g) as a mechanism for may amend such converted petition to substance is to be used, levels of use in administering pending GRAS satisfy the requirements of proposed such foods, and the purposes for which affirmation petitions if the proposed § 170.36 by submitting to the agency a the notified substance is used, notification procedure becomes final. including, when appropriate, a Proposed § 170.36(g) would not claim, dated and signed by the notifier description of the population expected preclude any person who had a filed (i.e., the former petitioner), that a to consume the substance. As with GRAS petition prior to the effective date particular use of a substance is exempt proposed § 170.36(c)(1)(iii), this of a final GRAS notification rule from from the premarket approval information describing the conditions of submitting a notice of a claim for requirements of the act because the use is necessary to delineate the exemption according to the provisions notifier has determined that such use is boundaries of the GRAS exemption of proposed § 170.36(c) or from GRAS. Proposed § 170.36 (g)(2)(i) claim consistent with section 201(s) of submitting an FAP under § 171.1 and through (g)(2)(vi) describe the format of the act, which states that a GRAS requesting that FDA cross reference the the GRAS exemption claim that would substance must be generally recognized information contained in the filed GRAS amend a converted GRAS affirmation as safe ‘‘under the conditions of its petition in accordance with § 171.1(b). petition to satisfy the requirements of a intended use.’’ Importantly, a petitioner VIII. Interim Policy notice under proposed § 170.36. This who amends a converted GRAS claim format is similar to that required affirmation petition to satisfy the Between the time of publication of under proposed § 170.36(c)(1) but has requirements of a notice may do so only this proposal and any final rule based been modified in two particulars (i.e., for the intended use that was the subject on this proposal, FDA invites interested proposed § 170.36 (g)(2)(ii) and of the GRAS affirmation petition. Any persons who determine that a use of a (g)(2)(vi)) to take into account the fact additional use(s) would be the subject of substance is GRAS to notify FDA of that the data and information to support a separate notice under proposed such GRAS determinations as described the GRAS determination have already § 170.36(c). in proposed § 170.36 (b) and (c). In been submitted to the agency in the Proposed § 170.36(g)(2)(v) requires general, the agency would administer applicable GRAS petition. that the GRAS exemption claim identify the notices as described in proposed Proposed § 170.36(g)(2)(i) requires the basis for the GRAS determination as § 170.36 (d) through (f) (i.e., FDA would that the GRAS exemption claim include scientific procedures or experience acknowledge receipt of the notice, the name and address of the notifier. As based on common use in food. As respond in writing to the notifier, and with proposed § 170.36(c)(1)(i), this is discussed in section I.B.4 of this make publicly accessible a copy of all necessary for full identification of the document, under § 170.30, the GRAS exemption claims and the person who accepts responsibility for requirements for a scientific procedures agency’s response). However, although the claim. This also is necessary so that GRAS determination are different from FDA would make a good faith effort to the agency can administer the those for a common use GRAS respond within the proposed 90-day amendment to the converted petition determination. The basis for a GRAS timeframe, the agency would not be according to the provisions of proposed determination is thus fundamental to bound by such a timeframe. FDA will § 170.36 (d) and (e) (see proposed the GRAS exemption claim. determine whether its experience in § 170.36(g)(3)(i)). Proposed § 170.36(g)(2)(vi) requires administering such notices suggests Proposed § 170.36(g)(2)(ii) requires that the GRAS exemption claim include modifications to the proposed that the GRAS exemption claim include either a statement that the complete procedure. the applicable GRAS affirmation record that supports the GRAS FDA realizes that some individuals petition number. The petition number is determination has already been who have a filed GRAS affirmation the simplest way to identify the submitted to the agency in the relevant petition pending at the agency may be converted petition that is being GRAS petition (proposed interested in converting such petition to amended. § 170.36(g)(2)(vi)(A)) or a statement that a notice under proposed § 170.36(g) or Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18955 in submitting a complete notice for the effectiveness by providing more For these reasons, FDA does not petitioned use under proposed § 170.36 consumer protection with scarce anticipate that the proposed substitution (b) and (c). FDA invites such petitioners government resources, and increase of a GRAS notification procedure for the to submit an amendment in accordance worldwide access to safe and high GRAS petition process will have any with proposed § 170.36(g)(2) or to quality food products (60 FR 53078, impact on international trade. submit a complete notice for the October 11, 1995). FDA is not aware of Nevertheless, the agency invites petitioned use in accordance with a provision in the laws of any other comment on this matter from the proposed § 170.36 (b) and (c). FDA country that is equivalent to the GRAS international community and from firms would administer such notice or exemption. On the other hand, the laws who import food products into the amendment as described in proposed of other countries provide exemptions United States or who export U.S. made § 170.36 (d) through (f). However, (e.g., for ‘‘natural’’ products) that have food products. during the interim period FDA would no equivalent under the act. Thus, the XI. Food Substances Used in Animal not continue to commit resources to international community is already Feed review of a GRAS affirmation petition if accustomed to operating in accordance the agency receives an amendment in with a variety of regulatory approaches FDA’s regulations regarding the accordance with proposed § 170.36(g)(2) for substances added to food. FDA’s eligibility of substances used in animal or receives a complete notice proposed substitution of a GRAS food or feeds for classification as GRAS, concerning the petitioned use. notification procedure for the current and the procedures for affirmation of FDA will consult upon request with GRAS petition process would not GRAS status for such substances, are interested persons who seek additional impose any new requirements that codified at §§ 570.30 and 570.35, guidance in preparing a notice because would affect imported food products. respectively. The requirements described in these regulations are such consultation may identify sections Under the current petition process, parallel to the requirements for GRAS of the proposed procedure that may FDA makes a public announcement that substances that are used in human food, require clarification in any final rule a petition has been filed and although some requirements of § 170.30 based on the proposal. incorporates an affirmed use of a have no corresponding requirement in substance into a codified list. Under the IX. Conforming Amendments § 570.30. As an example relevant to this proposed notification procedure, FDA This proposal would eliminate the rulemaking, the requirements of GRAS petition process set out in would make readily accessible to the § 570.30(c) are identical to the § 170.35(c). Therefore, FDA is proposing public, including international agencies requirements of § 170.30(c)(1), but conforming amendments to revise and firms, the notice’s ‘‘GRAS § 570.30(c) has not been amended to current §§ 184.1(b)(1) and 186.1(b)(1) by exemption claim,’’ which would describe the requirements for a common removing the last sentence of each include a succinct description of the use GRAS determination based on paragraph. These sentences provide that notified substance, the applicable history of use when that history of use persons seeking FDA approval of an conditions of use, and the basis for the occurred primarily or exclusively independent determination that a use of GRAS determination (i.e., through outside the United States. In addition, a food substance is GRAS may submit scientific procedures or through the agency’s GRAS review did not a petition in accordance with § 170.35. experience based on common use in extend to the use of food substances in Consistent with the proposed food). FDA would also make readily animal food or feeds. Thus, § 570.30 elimination of the GRAS petition accessible to the public the agency’s does not contain provisions analogous process set out in § 170.35(c), FDA is response to the notice. Further, under to § 170.30 (e) and (f). also proposing a conforming the act, a variety of substances that must The general provisions in subpart A of amendment to revise current § 170.38(a) be declared on the food label are exempt part 184 were issued under the auspices to: (1) Remove the provision that the from premarket approval on the basis of of the agency’s comprehensive review of Commissioner may, in accordance with the GRAS exemption and are not GRAS substances. Because this agency § 170.35(c)(5), publish a notice in the included on any government list or review did not extend to the use of food Federal Register determining that a inventory of substances that are used substances in animal food or feeds, the substance is not GRAS and is a food lawfully in the U.S. food supply. agency did not issue a corresponding additive subject to section 409 of the act Operation of either the petition process subpart A in part 584 (21 CFR part 584). and (2) retain the provision in or the proposed notification procedure Therefore, any proposed rule to modify § 170.38(a) that the Commissioner may, does not change that fact. §§ 570.30 and 570.35 would require no in accordance with § 170.35(b)(4) (i.e., FDA recognizes that interested conforming amendments in part 584. on his/her own initiative), publish such persons may want to know the official FDA is also proposing to amend the a notice in the Federal Register. regulatory status of a food substance in provisions of § 570.30 that are parallel Importantly, however, when faced with the United States prior to using that to the provisions of current § 170.30 a public health hazard, the existence of substance in foods that will enter (i.e., § 570.30 (a) and (b)) because such rulemaking authority would not international commerce. FDA also §§ 170.30 and 570.30 implement the preclude other agency action, including recognizes that the proposed agency same statutory provisions. Therefore, it seizure and injunction, to remove from response to a GRAS notice may have is important for the agency’s standards the market a product that is an less weight in the international concerning GRAS substances to be unapproved food additive. community than the agency’s consistent with respect to substances affirmation of GRAS status. However, as used in human food and substances X. International Harmonization a practical matter, FDA has announced used in animal food or feeds. FDA is committed to international only approximately 30 GRAS FDA is also proposing to eliminate the harmonization of regulatory affirmations in the 10 years preceding GRAS affirmation petition process requirements and guidelines that this proposed rule. This small number provided for in § 570.35 (a) and (c) preserve and enhance the agency’s of GRAS affirmations has a minimal because the corresponding process for ability to accomplish its public health impact on considerations of substances used in human food is being mission, enhance regulatory international trade. eliminated. Although the GRAS 18956 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules affirmation process has rarely been a few notices per year, agency resources replace the current voluntary GRAS employed for substances used in animal devoted to the animal feed program affirmation process with a voluntary food or feeds, FDA believes that it is likely would be insufficient to evaluate, procedure whereby any person may appropriate to provide the option of a within the proposed 90-day timeframe, notify FDA of a GRAS determination. GRAS notification procedure for animal whether the notice provides a sufficient The notice would include a ‘‘GRAS food or feeds that would be parallel to basis for a GRAS determination. Thus, exemption claim,’’ dated and signed by proposed § 170.36. Therefore, in comments to the proposal may justify the notifier, that would provide, in a proposed § 570.36 the agency is that the agency adopt, in a final rule, a consistent format, specific information proposing a GRAS notification longer timeframe for notifications about a GRAS determination. This claim procedure for substances used in animal concerning substances used in animal would include a succinct description of food or feeds. Finally, FDA is proposing feed. the notified substance, the applicable to revise current § 570.38(a) as a The agency recognizes that notifiers conditions of use, and the basis for the conforming amendment required by may have questions concerning the GRAS determination. The GRAS removing the current GRAS affirmation common or usual name for a substance exemption claim would also include a petition process for substances used in that would be used in animal feeds. statement that the information animal food or feeds. FDA advises that, in such supporting the GRAS determination was With regard to the notification circumstances, a notifier should consult available for FDA review and copying or procedure, FDA’s proposal for with the Division of Animal Feeds in would be sent to FDA upon request. In substances that would be used in animal FDA’s Center for Veterinary Medicine. addition to the GRAS exemption claim, food or feeds is for practical purposes XII. Summary of the Proposal the notice would include detailed identical to FDA’s proposal for information about the identity of the substances that would be used in FDA is proposing to clarify current notified substance and a detailed § 170.30 regarding the eligibility of the human food. As discussed in more discussion of the basis for the notifier’s use of a substance for exemption from detail throughout this document, FDA is GRAS determination. specifically requesting comment on the the act’s premarket approval requirements based on a GRAS FDA would evaluate whether the following issues concerning the notice provides a sufficient basis for a proposed regulations for substances that determination. Specifically, FDA is proposing to amend current § 170.30(a) GRAS determination and whether would be used in human food: (1) information in the notice or otherwise Whether it would be appropriate to to clarify that general recognition of safety requires that there be common available to FDA raises issues that lead require or recommend that the the agency to question whether use of submission include an electronic copy, knowledge among the qualified expert community that there is reasonable the substance is GRAS. Within 90 days in addition to three paper copies, of from the date of receipt of the notice, some or all of the notice; (2) the certainty that the substance is not FDA would respond to the notifier in proposed requirement that, in all cases, harmful under the intended conditions writing and could advise the notifier FDA respond to the notifier; (3) whether of use. This amendment would also that the agency has identified a problem the agency should be permitted more clarify that a GRAS substance is neither with the notice. A response that does than 90 days to respond to a GRAS more safe nor less safe than an approved not advise that the agency has identified notice; (4) the number of notices that food additive, and that the distinction a problem with the notice would not be notifiers anticipate submitting on an between a GRAS substance and an equivalent to an affirmation of GRAS annual basis; (5) the agency’s proposal approved food additive is in the status by the agency. to provide the public with ready access common knowledge of, and expert to information from the proposed consensus about, that safety. For each notice received, FDA would notification procedure and the location In addition, FDA is proposing two make readily accessible to the public the for such information; (6) whether any changes to current § 170.30(b). First, GRAS exemption claim and the agency’s inventory prepared by the agency FDA is proposing to clarify the types of response. Although FDA would should be available through electronic technical evidence of safety that maintain a readily accessible inventory modes; (7) its proposal for administering ordinarily would constitute common of notices received and the agency’s pending GRAS affirmation petitions if knowledge about a substance that is response to them, this inventory would the proposed notification procedure GRAS through scientific procedures. be neither codified nor referenced in the becomes final; and (8) whether the FDA is proposing this change because agency’s regulations. proposed substitution of a GRAS the quantity and quality of scientific Under the proposal, all GRAS notification procedure for the GRAS evidence required to obtain approval of affirmation petitions that were filed by petition process would have any impact a substance as a food additive vary FDA under § 170.35 prior to the on international trade. FDA specifically considerably depending upon the effective date of a GRAS notification requests comments on these same issues estimated dietary exposure to the final rule and still pending as of that for the proposed regulations concerning substance and the chemical, physical, date would be presumptively converted substances that would be used in animal and physiological properties of the to a notice on that date. Any person who foods or feed. substance. Second, FDA is proposing to had submitted a GRAS affirmation In the case of substances that would clarify the role of publication in petition that is converted to a notice be used in animal feed, FDA is satisfying the common knowledge could: (1) Amend such converted particularly concerned about the element of the GRAS standard because petition to satisfy the requirements of practical implications of a 90-day publication is ordinarily required, but the notification procedure by submitting response period, because, to date, the may not always be sufficient, to satisfy to the agency a modified GRAS agency has received fewer than 10 this element. For consistency with these exemption claim; (2) submit an FAP for GRAS affirmation petitions for proposed amendments, FDA is also the substance and request that FDA substances that would be used solely in proposing to amend the definition of cross reference the information in the animal food or feed. Should the number ‘‘scientific procedures’’ in § 170.3(h). GRAS affirmation petition; or (3) submit of notices received under a GRAS In keeping with the Reinventing Food a complete notice in accordance with notification program exceed more than Regulations, FDA is proposing to the notification procedure. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18957

FDA’s regulations in part 570 this proposal, along with an estimate of section 201(s) of that act provides an concerning GRAS substances for use in the resulting annual information exemption from the definition of ‘‘food animal food or feeds implement the collection burden. Included in the additive’’ and thus from the premarket same statutory provisions as the estimate is the time needed to review approval requirement, for uses of regulations in part 170 concerning instructions, to gather the required substances that are GRAS by qualified GRAS substances for use in human information, and to disclose the experts. FDA is proposing a voluntary food. Accordingly, FDA is proposing: (1) information. procedure whereby members of the food To amend the provisions of § 570.30 FDA invites comments on the industry who determine that use of a following: (1) Whether the proposed that are parallel to the provisions of substance satisfies the statutory current § 170.30 (i.e., § 570.30(a) and collection of information is necessary exemption may notify FDA of that (b)); (2) to eliminate the GRAS for the proper performance of the determination. The notice would affirmation petition process provided functions of the agency, including for in § 570.35(a) and (c); and (3) to whether the information will have include a detailed summary of the data provide the option of a GRAS practical utility; (2) the accuracy of the and information that support the GRAS notification procedure for substances agency’s estimate of the burden of the determination, and the notifier would used in animal food or feeds that would proposed collection of information, maintain a record of such data and be parallel to proposed § 170.36. including the validity of the information. FDA would make the FDA is also proposing several methodology and assumptions used; (3) information describing the GRAS claim, amendments to parts 170, 184, 186, and ways to enhance the quality, utility, and and the agency’s response to the notice, 570 of its regulations as conforming clarity of the information to be available in a publicly accessible file; amendments. collected; and (4) ways to minimize the the entire GRAS notice would be burden of the collection of information XIII. Paperwork Reduction publicly available consistent with the on those who are to respond, including FOIA and other Federal disclosure This proposed rule contains through the use of automated collection statutes. information that is subject to review by techniques, where appropriate, or other Description of Respondents: OMB under the Paperwork Reduction forms of information technology. Act of 1995 (Pub. L. 104–13). Therefore, Title: Notice of a Claim for GRAS Manufacturers of Substances Used in in accordance with 44 U.S.C. Exemption Based on a GRAS Food and Feed 3506(c)(2)(B) and 5 CFR part 1320, FDA Determination FDA estimates the total annual is providing below the title, description, Description: Section 409 of the act burden for this information collection to and respondent descriptions for the establishes a premarket approval be 9,900 hours. information collections contained in requirement for ‘‘food additives;’’

ESTIMATED ANNUAL REPORT BURDEN

Annual fre- 21 CFR Number of quency per Total annual Hours per Total hours respondents response response response

170.36 ...... 50 1 50 150 7,500 570.36 ...... 10 1 10 150 1,500

There are no operating or maintenance costs or capital costs associated with this collection.

ESTIMATED ANNUAL RECORDKEEPING BURDEN

Annual fre- Number of quency of Total annual Hours per 21 CFR record- record- records record- Total hours keepers keeping keeper

170.36(c)(v) ...... 50 1 50 15 750 570.36(c)(v) ...... 10 1 10 15 150

There are no operating or of 1995. Interested persons are necessary, to select the regulatory maintenance costs or capital costs requested to send comments regarding approaches that maximize net benefits associated with this collection. information collection by May 19, 1997 (including potential economic, FDA tentatively concludes that there to the Office of Information and environmental, public health and safety are no anticipated capital costs or Regulatory Affairs, OMB (address effects; other advantages; distributive operating and maintenance costs above). impacts; and equity). Executive Order 12866 classifies a rule as significant if associated with the proposed XIV. Analysis of Impacts information collection requirements. it meets any one of a number of However, the agency welcomes FDA has examined the impacts of the specified conditions, including having comments on any such anticipated proposed rule under Executive Order an annual effect on the economy of $100 costs. 12866 and the Regulatory Flexibility Act million or adversely affecting in a The agency has submitted copies of (5 U.S.C. 601–612). Executive Order material way a sector of the economy, the proposed rule to OMB for review of 12866 directs agencies to assess all costs competition, or jobs, or if it raises novel the portions of the proposal that are and benefits of available regulatory legal or policy issues. If a rule has a subject to the Paperwork Reduction Act alternatives and, when regulation is significant economic impact on a 18958 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules substantial number of small entities, the The benefit firms receive from procedure is based on a 90-day review Regulatory Flexibility Act requires participation in the existing GRAS period rather than on the open-ended agencies to analyze regulatory options petition process appears to involve a review period of the GRAS petition that would minimize the economic reduction in the cost of marketing foods process. In some cases, the GRAS impact of that rule on small entities. containing substances independently petition process involves a number of FDA finds that this proposed rule is determined to be GRAS because FDA iterative steps in which FDA asks for not a significant rule as defined by affirmation of GRAS status would likely and receives additional supporting Executive Order 12866, and finds under facilitate marketing of such substances. information. Under the notification the Regulatory Flexibility Act that this Manufacturers of these foods and retail procedure, FDA will base its response proposed rule will not have a significant establishments buying these foods for on the notifier’s initial submission. impact on a substantial number of small subsequent resale to consumers may be In addition to the time advantage, the entities. Finally, FDA, in conjunction reluctant to offer them for sale in the cost of participation in the proposed with the Administrator of OMB, finds absence of assurance that FDA will not notification procedure will probably be that this proposed rule is not a major subsequently conclude that ingredients less than the cost of participation in the rule for the purpose of congressional independently determined to be GRAS GRAS petition process because the review (Pub. L. 104–121). are unapproved food additives. If these notification procedure will require the submission of only a summary of the A. Regulatory Options substances were subsequently found not to be GRAS, any ensuing seizure of information used to support the FDA has the following primary foods containing the unapproved food independent GRAS determination, options: additive might damage the credibility of rather than the full supporting (1) Take no action; those manufacturers and retail information required under the GRAS (2) Adopt proposed GRAS notification establishments, and might lead to petition process. For example, the procedure; economic losses. If there were no notification procedure will not require (3) Adopt a GRAS notification process for agency GRAS affirmation, the submission of references or material procedure allowing FDA feedback on firms making independent GRAS relating to methods of detection in independent GRAS determinations of determinations may attempt to foods, which are required under the either a higher or lower level of substitute for GRAS affirmations by GRAS petition process. Submissions authoritativeness than the proposed doing additional research, contracting under the notification procedure will notification system; and with third party research organizations, probably be about 25 to 30 pages, while (4) Eliminate agency participation in or taking other steps to provide submissions under the current GRAS independent GRAS determinations. adequate assurances to other firms that petition process can have hundreds or B. Costs and Benefits FDA will probably not subsequently even thousands of pages. challenge their independent GRAS On the other hand, the same 1. Option One: Take No Action determinations. underlying information will be required Neither costs nor benefits are In addition to providing a desired under the notification procedure as associated with taking no action. This good or service, the GRAS petition under the GRAS petition process, so the option is the baseline case in process may result in some benefit in potential cost savings will be confined comparison with which the costs and terms of reducing the health risks from to the relatively modest costs of benefits of the other options are substances independently determined to assembling, copying, and mailing determined. be GRAS if FDA review of the information. The more significant cost The existing GRAS petition process is information supporting independent of generating or locating the requisite a government service provided to GRAS determinations uncovers an underlying information will not be industry by which firms may erroneous determination which, if affected. In addition, the summary voluntarily submit information to FDA undetected, could lead to health risks. required under the proposed for agency review and affirmation of the notification procedure may fairly be GRAS status of the use of a substance 2. Option Two: Adopt Proposed GRAS viewed as a step beyond simply in food. Although FDA does not charge Notification Procedure providing the supporting information as a fee to review material submitted under The chief benefit of eliminating the required under the GRAS petition the GRAS petition process, participation existing GRAS petition process and process. Therefore, although in that process is not without cost replacing it with the proposed GRAS participation in the proposed because the required information must notification procedure is that the notification procedure will probably be either be generated or gathered, and notification procedure will enable somewhat less costly than participation submitted to FDA. The fact that some industry to obtain a limited degree of in the GRAS petition process, the cost firms participate in this voluntary FDA feedback on independent GRAS reduction is likely to be relatively process implies that for some firms, the determinations more quickly and at modest. benefit of participation must be greater lower cost, to both industry and FDA, The primary cost of replacing the than the cost of participation, and also than the GRAS petition process. Under existing GRAS petition process with the that the net benefit of participation must the proposed notification procedure, proposed notification procedure is that be greater than the net benefit of FDA will determine whether the notice it reduces the options available to existing alternatives, such as private provides a sufficient basis for a GRAS industry for obtaining FDA feedback on third-party review of independent determination or whether information independent GRAS determinations at a GRAS determinations. However, the fact in the notice, or otherwise available to level of authoritativeness comparable to that the cost of participation does not FDA, raises issues that lead the agency that currently offered under the GRAS reflect the costs involved in actually to question whether use of the substance petition process. Currently, feedback at administering the GRAS petition is GRAS. this level of authoritativeness is process means that participation in that The proposed notification procedure available through both the GRAS process cannot support inferences will come to closure more quickly and petition process and the FAP process. regarding the net social benefits of the generate less uncertainty than the GRAS The fact that FDA receives both GRAS petition process. petition process because the notification petitions and FAP’s suggests that some Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18959 firms find participation in the GRAS would either require submission of determinations, then these other steps petition process less costly than more information or more detailed will be associated with countervailing participation in the FAP process. information, or would involve more public health benefits. However, this difference in cost is detailed agency review of the same Again, it is difficult to determine probably relatively modest because the amount of information. Thus, whether this option would result in net systems are quite similar. For example, participation in such a system would social costs or benefits because of the substances that are GRAS may be arguably provide more valuable difficulty of estimating the value of marketed without prior agency approval feedback than participation in the various levels of FDA and non FDA and thus may be marketed during the proposed notification procedure but feedback on independent GRAS period in which either a GRAS petition would also be more costly than determinations. However, the or an FAP on that substance is under participation in the proposed distinctive role of FDA in GRAS issues review. notification procedure. A system suggests that FDA feedback may be The net benefit or cost of the providing less authoritative feedback more valuable to industry than other, proposed notification procedure will than the proposed GRAS notification equally costly, activity designed to depend largely on whether the value of procedure would either require confirm independent GRAS participation in the proposed submission of less information or less determinations. Therefore, it is likely notification procedure is or is not detailed information, or would involve that the availability of some type of comparable to that of participation in less detailed agency review of the same notification procedure will lead to the GRAS petition process. If the value amount of information. Thus, greater net benefits than no notification of participation in the two systems is participation in such a system would procedure. roughly comparable, then the time and arguably provide less valuable feedback C. Regulatory Flexibility Analysis cost advantages of the proposed than participation in the proposed notification procedure will probably notification procedure but would The proposed action will affect any lead to modest net benefits. However, if probably also be less costly than firm that may have chosen to participate participation in the proposed participation in the proposed in the existing GRAS petition process or notification procedure is significantly notification procedure. may choose to participate in the less valuable than participation in the In both cases, it is difficult to proposed GRAS notification process, GRAS petition process because of the determine whether the resulting including manufacturers of both human lower level of authoritativeness of FDA changes in the value of FDA feedback and animal food, food additives, and feedback available through the available through the notification feed additives. The Dun’s Market notification procedure, then the procedure would compensate firms for Identifiers database lists 27,989 firms in proposed procedure could lead to net the resulting changes in the cost of Standard Industry Code (SIC) 20, Food costs because firms may submit participation in such procedures, or to and Kindred Products. This includes relatively more costly FAP’s or take compare the net social benefits of dog and cat food, and prepared feeds other steps to compensate for the lack of offering such procedures with the net not elsewhere classified. In addition, more authoritative FDA feedback on benefits of the existing GRAS petition this database lists 113 firms in SIC 2869, independent GRAS determinations. process. Industrial Organic Chemicals, Not Elsewhere Classified, the SIC code that 3. Option Three: Adopt a GRAS 4. Option Four: Eliminate Agency includes manufacturers of food Notification Procedure Allowing FDA Participation in Independent GRAS additives. Therefore, a total of 28,102 Feedback on Independent GRAS Determinations firms will potentially be affected by this Determinations of Either a Higher or The costs and benefits of this option proposed rule. Lower Level of Authoritativeness Than are qualitatively similar to those of The Small Business Administration the Proposed Notification System adopting a notification procedure (SBA) guidelines on the definition of a The benefits and costs of replacing the allowing FDA feedback of only a small business for SIC 20 identify a existing GRAS petition process with minimal level of authoritativeness. In small business as being a business notification procedures allowing FDA general, the same results will occur if having no more than 1,000, 750, or 500 feedback on independent GRAS the value of participation in a employees, depending on the more determinations at either higher or lower notification procedure drops below the precise four-digit SIC code associated levels of authoritativeness than the costs involved in participation, or if a with the firm in question. However, proposed notification procedure are notification procedure is not available. there is no easy way to distribute the qualitatively similar to the benefits and In both cases, industry will either total number of firms in SIC 20 into the costs of adopting the proposed submit relatively costly FAP’s or take appropriate four-digit SIC categories notification procedure. other steps to compensate for the lack of because more than one primary four- The net benefits or costs of a GRAS notification procedure or digit SIC code may be associated with notification procedures allowing more petition process, or simply forgo any given firm. To avoid missing any or less authoritative FDA feedback government oversight of their small firms, the least restrictive size depend largely on the cost of independent GRAS determinations. definition of 1,000 or fewer employees participation in those systems and the If FDA no longer participates in was used for all firms. The SBA value of the feedback provided to independent GRAS determinations, definition of a small business in SIC participating firms under those systems. FDA will not be aware of substances 2869 is a business with 1,000 or fewer The value of FDA feedback to that have been the subject of employees. Based on these definitions, participating firms involves the degree independent GRAS determinations and assuming that the distribution of to which that feedback facilitates the unless firms choose to submit FAP’s for employment for firms for which no marketing of substances that have been those substances. Any public health employee data are available is the same subject to independent GRAS benefits associated with FDA awareness as the distribution for firms for which determinations. A system providing of these substances will be lost. data are available, a total of 27,531 firms more authoritative feedback than the However, if firms take other steps to could potentially be affected by this proposed GRAS notification procedure confirm independent GRAS proposed rule. 18960 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

Although this proposal may affect a Doses of a Mixture of Cyclamate and analytical, or other scientific studies), substantial number of firms that Saccharin,’’ Science, 167:1131–1132, 1970. information, methods, and principles, manufacture food or food additives, 3. New York Times, p. 22, October 31, whether published or unpublished, many of which are small firms, this 1969. appropriate to establish the safety of a proposal will not have a significant 4. Sneath, P. H. A. et. al., Bergey’s Manual of Systematic Bacteriology, Williams & substance. impact on these firms for two reasons. Wilkins, Baltimore, 1984. * * * * * First, this proposal replaces one 5. Subcommittee on the 10th Edition of the 3. Section 170.30 is amended by voluntary program with another Recommended Dietary Allowances, Food and revising the last sentence of paragraphs voluntary program. Therefore, small Nutrition Board, Commission on Life (a), (b), and (c)(2); and by removing and firms will not be required to undertake Sciences, National Research Council, reserving paragraph (f) to read as any additional activity or bear any Recommended Dietary Allowances, 10th ed., follows: additional costs. Second, participation Washington, DC, National Academy Press, in the proposed GRAS notification 1989. § 170.30 Eligibility for classification as procedure should be somewhat less 6. ‘‘Biotechnology and Food Safety,’’ (Food generally recognized as safe (GRAS). and Agriculture Organization, Rome, 1996). (a) * * * General recognition of safety costly than participation in the GRAS 7. ‘‘Strategies for Assessing the Safety of petition process. Therefore, small firms Foods Produced by Biotechnology’’ (World requires common knowledge throughout should be better able to participate in Health Organization, Geneva, 1991). the scientific community knowledgeable the notification procedure than the 8. ‘‘Safety Evaluation of Foods Derived by about the safety of substances directly or petition process. Modern Biotechnology: Concepts and indirectly added to food that there is Principles’’ (Organization for Economic reasonable certainty that the substance D. Conclusions Cooperation and Development, Paris, 1993). is not harmful under the intended In accordance with Executive Order 9. ‘‘Application of the Principles of conditions of use. 12866, FDA has analyzed this proposed Substantial Equivalence to the Safety (b) * * * General recognition of rule and finds that this proposed rule is Evaluation of Foods or Food Components safety through scientific procedures neither economically significant nor a from Plants Derived by Modern shall be based upon generally available Biotechnology’’ (World Health Organization, significant action, as defined by that Geneva, 1995). and accepted scientific data, order. FDA has also analyzed this 10. Kessler, D. A., M. R. Taylor, J. H. information, methods, or principles, proposed rule in accordance with the Maryanski, E. L. Flamm, and L. S. Kahl, ‘‘The which ordinarily are published and may Regulatory Flexibility Act and finds that Safety of Foods Developed by be corroborated by unpublished this proposed rule will not have a Biotechnology,’’ Science, 256:1747–1749 and scientific data, information, or methods. significant impact on a substantial 1832, 1992. (c)(1) * * * (2) * * * Persons who claim that use number of small businesses. List of Subjects Accordingly, under the Regulatory of a substance is GRAS through Flexibility Act, 5 U.S.C. 605(b), the 21 CFR Part 170 experience based on its common use in Commissioner certifies that this Administrative practice and food outside of the United States should proposed rule will not have a significant procedure, Food additives, Reporting notify FDA of that claim in accordance economic impact on a substantial and recordkeeping requirements. with proposed § 170.36. number of small entities. * * * * * The net costs and benefits of replacing 21 CFR Part 184 4. Section 170.35 is amended by the GRAS petition process with the Food ingredients. revising paragraph (a) and by removing proposed GRAS notification procedure paragraph (c) to read as follows: are indeterminate. However, any 21 CFR Part 186 increase in net costs or benefits relative Food ingredients, Food packaging. § 170.35 Affirmation of generally to the current system will probably be recognized as safe (GRAS) status. 21 CFR Part 570 modest. FDA requests comments on the (a) The Commissioner, on his own costs and benefits of replacing the GRAS Animal feeds, Animal foods, Food initiative, may affirm the GRAS status of petition process with the proposed additives. the use of a substance that directly or GRAS notification procedure. Therefore, under the Federal Food, indirectly becomes a component of Drug, and Cosmetic Act and under food. XV. Environmental Impact authority delegated to the Commissioner * * * * * The agency has determined under 21 of Food and Drugs, it is proposed that 5. New § 170.36 is added to subpart B CFR 25.24(a)(8) that this action is of a 21 CFR parts 170, 184, 186, and 570 be to read as follows: type that does not individually or amended as follows: cumulatively have a significant effect on § 170.36 Notice of a claim for exemption the human environment. Therefore, PART 170ÐFOOD ADDITIVES based on a GRAS determination. neither an environmental assessment (a)(1) Any person may notify FDA of 1. The authority citation for 21 CFR nor an environmental impact statement a claim that a particular use of a part 170 is revised to read as follows: is required. substance is exempt from the statutory Authority: Secs. 201, 401, 402, 409, 701 of premarket approval requirements based XVI. References the Federal Food, Drug, and Cosmetic Act (21 on the notifier’s determination that such The following references have been U.S.C. 321, 341, 342, 348, and 371). use is generally recognized as safe placed on display at DMB (address 2. Section 170.3 is amended by (GRAS). above) and may be seen by interested revising paragraph (h) to read as (2) Notice to the agency of this section persons between 9 a.m. and 4 p.m., follows: shall not constitute compliance with: Monday through Friday. (i) Section 101.14(b)(3)(ii) of this § 170.3 Definitions. 1. House Report No. 2284, July 28, 1958. chapter. Any person who submits a 2. Price, J. M., C. G. Biava, B. L. Oser, E. * * * * * health claim petition under § 101.14 of E. Vogin, J. Steinfeld, and H. L. Ley, ‘‘Bladder (h) Scientific procedures include this chapter shall comply in full with Tumors in Rats Fed Cyclohexylamine or High scientific data (such as human, animal, § 101.14(b)(3)(ii) regardless of whether Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18961 the agency has been notified under this species), characteristic properties, any substances added to food that there is section about a substance and regardless content of potential human toxicants, reasonable certainty that the substance of the nature of the agency’s response. and specifications for food-grade is not harmful under the intended (ii) Section 106.120(b)(6)(ii) of this material; conditions of use. chapter. Any person who submits a new (3) Information on any self-limiting (d) Within 30 days of receipt of the infant formula submission under levels of use; and notice, FDA shall acknowledge receipt proposed § 106.120 of this chapter shall (4) A detailed summary of the basis of a notice by informing the notifier in comply in full with proposed for the notifier’s determination that a writing of the date on which the notice § 106.120(b)(6)(ii) regardless of whether particular use of the notified substance was received. the agency has been notified under this is exempt from the premarket approval (e) Within 90 days of receipt of the section about a substance and regardless requirements of the act because such notice, FDA shall respond to the notifier of the nature of the agency’s response. use is GRAS. Such determination may in writing. (b) A notice of a GRAS exemption be based either on scientific procedures (f)(1) Any GRAS exemption claim claim shall be submitted in triplicate to or on common use in food. submitted under paragraph (c)(1) of this the Office of Premarket Approval (HFS– (i) For a GRAS determination through section shall be immediately available 200), Center for Food Safety and scientific procedures, such summary for public disclosure on the date the Applied Nutrition, Food and Drug shall include: notice is received. All remaining data Administration, 200 C St. SW., (A) A comprehensive discussion of, and information in the notice shall be Washington, DC 20204. and citations to, generally available and available for public disclosure, in (c) Notifiers shall submit the accepted scientific data, information, accordance with part 20 of this chapter, following information: methods, or principles that the notifier on the date the notice is received. (1) A claim, dated and signed by the relies on to establish safety, including a (2) For each GRAS notice submitted notifier, or by the notifier’s attorney or consideration of the probable under this section, the following agent, or (if the notifier is a corporation) consumption of the substance and the information shall be readily accessible by an authorized official, that a probable consumption of any substance for public review and copying: particular use of a substance is exempt formed in or on food because of its use (i) A copy of the GRAS exemption from the premarket approval and the cumulative effect of the claim submitted under paragraph (c)(1) requirements of the Federal Food, Drug, substance in the diet, taking into of this section. and Cosmetic Act (the act) because the account any chemically or (ii) A copy of any letter issued by the notifier has determined that such use is pharmacologically related substances in agency under paragraph (e) of this GRAS. Such GRAS exemption claim such diet; section. shall include: (B) A comprehensive discussion of (iii) A copy of any subsequent letter (i) The name and address of the any reports of investigations or other issued by the agency regarding such notifier; information that may appear to be notice. (ii) The common or usual name of the inconsistent with the GRAS (g)(1) Any GRAS affirmation petition substance that is the subject of the determination; and that was filed by FDA under § 170.35 GRAS exemption claim (i.e., the (C) The basis for concluding, in light prior to (date the final rule becomes ‘‘notified substance’’); of the data and information described effective) and is still pending as of (date (iii) The applicable conditions of use under paragraphs (c)(1), (c)(2), (c)(3), the final rule becomes effective) shall be of the notified substance, including the (c)(4)(i)(A), and (c)(4)(i)(B) of this presumptively converted to a notice foods in which the substance is to be section, that there is consensus among under the provisions of this section on used, levels of use in such foods, and experts qualified by scientific training (date the final rule becomes effective). the purposes for which the substance is and experience to evaluate the safety of (2) Any person who submitted a used, including, when appropriate, a substances added to food that there is GRAS affirmation petition that is description of the population expected reasonable certainty that the substance converted to a notice under paragraph to consume the substance; is not harmful under the intended (g)(1) of this section may amend such (iv) The basis for the GRAS conditions of use. converted petition to meet the determination (i.e., through scientific (ii) For a GRAS determination through requirements of this section by procedures or through experience based experience based on common use in submitting to the agency a claim, dated on common use in food); and food, such summary shall include: and signed by the notifier (i.e., the (v) A statement that the data and (A) A comprehensive discussion of, former petitioner), or by the notifier’s information that are the basis for the and citations to, generally available data attorney or agent, or (if the notifier is a notifier’s GRAS determination are and information that the notifier relies corporation) by an authorized official, available for the Food and Drug on to establish safety, including that a particular use of a substance is Administration’s (FDA) review and evidence of a substantial history of exempt from the premarket approval copying at reasonable times at a specific consumption of the substance by a requirements of the act because the address set out in the notice or will be significant number of consumers; notifier has determined that such use is sent to FDA upon request. (B) A comprehensive discussion of GRAS. Such GRAS exemption claim (2) Detailed information about the any reports of investigations or other shall include: identity of the notified substance, information that may appear to be (i) The name and address of the including, as applicable, its chemical inconsistent with the GRAS notifier; name, Chemical Abstracts Service (CAS) determination; (ii) The applicable GRAS affirmation Registry Number, Enzyme Commission (C) The basis for concluding, in light petition number; number, empirical formula, structural of the data and information described (iii) The common or usual name of the formula, quantitative composition, under paragraphs (c)(1), (c)(2), (c)(3), substance that was the subject of the method of manufacture (excluding any (c)(4)(ii)(A), and (c)(4)(ii)(B) of this converted GRAS affirmation petition trade secrets and including, for section, that there is consensus among (i.e., the notified substance); substances of natural biological origin, experts qualified by scientific training (iv) The applicable conditions of use source information such as genus and and experience to evaluate the safety of of the notified substance that are 18962 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules supported by data and information in § 184.1 [Amended] 14. Section 570.35 is amended by the referenced GRAS petition, including 8. Section 184.1 Substances added revising paragraph (a) and by removing the foods in which the substance is to directly to human food affirmed as paragraph (c) to read as follows: be used, levels of use in such foods, and generally recognized as safe (GRAS) is the purposes for which the substance is § 570.35 Affirmation of generally amended in paragraph (b)(1) by recognized as safe (GRAS) status. used, including, when appropriate, a removing the last sentence. description of the population expected (a) The Commissioner, on his own to consume the substance; PART 186ÐINDIRECT FOOD initiative, may affirm the GRAS status of (v) The basis for the GRAS SUBSTANCES AFFIRMED AS the use of a substance that directly or determination (i.e., through scientific GENERALLY RECOGNIZED AS SAFE indirectly becomes a component of procedures or through experience based food. on common use in food); and 9. The authority citation for 21 CFR * * * * * (vi)(A) A statement that the complete part 186 continues to read as follows: 15. New § 570.36 is added to subpart record that supports the GRAS Authority: Secs. 201, 402, 409, 701 of the B to read as follows: determination has been submitted to the Federal Food, Drug, and Cosmetic Act (21 § 570.36 Notice of a claim for exemption agency in the applicable GRAS petition; U.S.C. 321, 342, 348, and 371). or based on a GRAS determination. (B) A statement that the data and § 186.1 [Amended] (a) Any person may notify FDA of a information that are the basis for the 10. Section 186.1 Substances added claim that a particular use of a notifier’s GRAS determination are indirectly to human food affirmed as substance is exempt from the statutory available for FDA review and copying at generally recognized as safe (GRAS) is premarket approval requirements based reasonable times at a specific address amended in paragraph (b)(1) by on the notifier’s determination that such set out in the claim or will be sent to removing the last sentence. use is generally recognized as safe FDA upon request. (GRAS). (3)(i) A petition that is converted to a PART 570ÐFOOD ADDITIVES (b) A notice of a GRAS exemption notice under the provisions of claim shall be submitted in triplicate to paragraph (g)(1) of this section and that 11. The authority citation for 21 CFR the Division of Animal Feeds (HFV– is amended according to the provisions part 570 is revised to read as follows: 220), Center for Veterinary Medicine, of paragraph (g)(2) of this section shall Authority: Secs. 201, 401, 402, 409, 701 of Food and Drug Administration, 7500 be reviewed and administered according the Federal Food, Drug, and Cosmetic Act (21 Standish Pl., Rockville, MD 20855. to the provisions of paragraphs (d), (e), U.S.C. 321, 341, 342, 348, and 371). (c) Notifiers shall submit the and (f) of this section. For the purposes following information: 12. Section 570.3 is amended by of paragraphs (d), (e), and (f) of this (1) A claim, dated and signed by the revising paragraph (h) to read as section, the date of receipt of the notifier, or by the notifier’s attorney or follows: amendment described in paragraph agent, or (if the notifier is a corporation) (g)(2) of this section shall be the date of § 570.3 Definitions. by an authorized official, that a receipt of the notice. * * * * * particular use of a substance is exempt (3)(ii) After (date 90 days after date of (h) Scientific procedures include from the premarket approval publication of the final rule), FDA will scientific data (such as human, animal, requirements of the Federal Food, Drug, inform any person who submitted a analytical, or other scientific studies), and Cosmetic Act (the act) because the GRAS affirmation petition that is information, methods, and principles, notifier has determined that such use is converted to a notice under the whether published or unpublished, GRAS. Such GRAS exemption claim provisions of paragraph (g)(1) of this shall include: section, and who has not amended such appropriate to establish the safety of a substance. (i) The name and address of the petition according to the provisions of notifier; paragraph (g)(2) of this section, that the * * * * * (ii) The common or usual name of the converted petition is inadequate as a 13. Section 570.30 is amended by substance that is the subject of the notice under this section. revising the last sentence of paragraphs GRAS exemption claim (i.e., the notified 6. Section 170.38 is amended by (a) and (b) to read as follows: substance); revising paragraph (a) to read as follows: § 570.30 Eligibility for classification as (iii) The applicable conditions of use § 170.38 Determination of food additive generally recognized as safe (GRAS). of the notified substance, including the status. foods in which the substance is to be (a) * * * General recognition of safety used, levels of use in such foods, and (a) The Commissioner may, in requires common knowledge throughout accordance with § 170.35(b)(4), publish the purposes for which the substance is the scientific community knowledgeable used, including, when appropriate, a a notice in the Federal Register about the safety of substances directly or determining that a substance is not description of the population expected indirectly added to food that there is to consume the substance; GRAS and is a food additive subject to reasonable certainty that the substance section 409 of the act. (iv) The basis for the GRAS is not harmful under the intended determination (i.e., through scientific * * * * * conditions of use. procedures or through experience based (b) * * * General recognition of PART 184ÐDIRECT FOOD on common use in food); and safety through scientific procedures (v) A statement that the data and SUBSTANCES AFFIRMED AS shall be based upon generally available GENERALLY RECOGNIZED AS SAFE information that are the basis for the and accepted scientific data, notifier’s GRAS determination are 7. The authority citation for 21 CFR information, methods, or principles, available for the Food and Drug part 184 continues to read as follows: which ordinarily are published and may Administration’s (FDA) review and be corroborated by unpublished Authority: Secs. 201, 402, 409, 701 of the copying at reasonable times at a specific Federal Food, Drug, and Cosmetic Act (21 scientific data, information, or methods. address set out in the notice or will be U.S.C. 321, 342, 348, and 371). * * * * * sent to FDA upon request. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 18963

(2) Detailed information about the (B) A comprehensive discussion of GRAS. Such GRAS exemption claim identity of the notified substance, any reports of investigations or other shall include: including, as applicable, its chemical information that may appear to be (i) The name and address of the name, Chemical Abstracts Service (CAS) inconsistent with the GRAS notifier; Registry Number, Enzyme Commission determination; number, empirical formula, structural (C) The basis for concluding, in light (ii) The applicable GRAS affirmation formula, quantitative composition, of the data and information described petition number; method of manufacture (excluding any under paragraphs (c)(1), (c)(2), (c)(3), (iii) The common or usual name of the trade secrets and including, for (c)(4)(ii)(A), and (c)(4)(ii)(B) of this substance that was the subject of the substances of natural biological origin, section, that there is consensus among converted GRAS affirmation petition source information such as genus and experts qualified by scientific training (i.e., the notified substance); species), characteristic properties, any and experience to evaluate the safety of (iv) The applicable conditions of use content of potential human or animal substances added to food that there is of the notified substance that are toxicants, and specifications for feed- reasonable certainty that the substance supported by data and information in grade material; is not harmful under the intended the referenced GRAS petition, including conditions of use. (3) Information on any self-limiting the foods in which the substance is to (d) Within 30 days of receipt of the levels of use; and be used, levels of use in such foods, and (4) A detailed summary of the basis notice, FDA shall acknowledge receipt of a notice by informing the notifier in the purposes for which the substance is for the notifier’s determination that a used, including, when appropriate, a particular use of the notified substance writing of the date on which the notice was received. description of the population expected is exempt from the premarket approval to consume the substance; requirements of the act because such (e) Within 90 days of receipt of the use is GRAS. Such determination may notice, FDA shall respond to the notifier (v) The basis for the GRAS be based either on scientific procedures in writing. determination (i.e., through scientific or on common use in food. (f)(1) Any GRAS exemption claim procedures or through experience based (i) For a GRAS determination through submitted under paragraph (c)(1) of this on common use in food); and scientific procedures, such summary section shall be immediately available (vi)(A) A statement that the complete shall include: for public disclosure on the date the record that supports the GRAS (A) A comprehensive discussion of, notice is received. All remaining data determination has been submitted to the and citations to, generally available and and information in the notice shall be agency in the applicable GRAS petition; accepted scientific data, information, available for public disclosure, in or accordance with part 20 of this chapter, methods, or principles that the notifier (B) A statement that the data and relies on to establish safety, including a on the date the notice is received. (2) For each GRAS notice submitted information that are the basis for the consideration of the probable under this section, the following GRAS determination are available for consumption of the substance and the information shall be readily accessible FDA’s review and copying at reasonable probable consumption of any substance for public review and copying: times at a specific address set out in the formed in or on food because of its use (i) A copy of the GRAS exemption claim or will be sent to FDA upon and the cumulative effect of the claim submitted under paragraph (c)(1) request. substance in the diet, taking into of this section. account any chemically or (3)(i) A petition that is converted to a (ii) A copy of any letter issued by the notice under the provisions of pharmacologically related substances in agency under paragraph (e) of this such diet; paragraph (g)(1) of this section and that section. is amended according to the provisions (B) A comprehensive discussion of (iii) A copy of any subsequent letter of paragraph (g)(2) of this section shall any reports of investigations or other issued by the agency regarding such be reviewed and administered according information that may appear to be notice. to the provisions of paragraphs (d), (e), inconsistent with the GRAS (g)(1) Any GRAS affirmation petition and (f) of this section. For the purposes determination; and that was filed by FDA under § 570.35 of paragraphs (d), (e), and (f) of this (C) The basis for concluding, in light prior to (date the final rule becomes section, the date of receipt of the of the data and information described effective) and is still pending as of (date amendment described in paragraph under paragraphs (c)(1), (c)(2), (c)(3), the final rule becomes effective) shall be (g)(2) of this section shall be the date of (c)(4)(i)(A), and (c)(4)(i)(B) of this presumptively converted to a notice receipt of the notice. section, that there is consensus among under the provisions of this section on experts qualified by scientific training (date the final rule becomes effective). (ii) After (date 90 days after date of and experience to evaluate the safety of (2) Any person who submitted a publication of the final rule), FDA will substances added to food that there is GRAS affirmation petition that is inform any person who submitted a reasonable certainty that the substance converted to a notice under paragraph GRAS affirmation petition that is is not harmful under the intended (g)(1) of this section may amend such converted to a notice under the conditions of use. converted petition to meet the provisions of paragraph (g)(1) of this (ii) For a GRAS determination through requirements of this section by section, and who has not amended such experience based on common use in submitting to the agency a claim, dated petition according to the provisions of food, such summary shall include: and signed by the notifier (i.e., the paragraph (g)(2) of this section, that the (A) A comprehensive discussion of, former petitioner), or by the notifier’s converted petition is inadequate as a and citations to, generally available data attorney or agent, or (if the notifier is a notice under this section. and information that the notifier relies corporation) by an authorized official, § 570.38 [Amended] on to establish safety, including that a particular use of a substance is evidence of a substantial history of exempt from the premarket approval 16. Section 570.38 Determination of consumption of the substance by a requirements of the act because the food additive status is amended in significant number of consumers; notifier has determined that such use is paragraph (a) by removing ‘‘or (c)(5)’’. 18964 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

Dated: April 8, 1997. William B. Schultz, Deputy Commissioner for Policy. [FR Doc. 97–9706 Filed 4–16–97; 8:45 am] BILLING CODE 4160±01±P federal register April 17,1997 Thursday Availability; Notice Early HeadStartProgramGrant Administration forChildrenandFamilies Services Health andHuman Department of Part IV 18965 18966 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

DEPARTMENT OF HEALTH AND Applications transmitted to ACF in the Early Head Start program and the HUMAN SERVICES any electronic form will not be accepted principles and program description that regardless of date of time of submission will guide the development, Administration for Children and and time of receipt. All applications implementation and operation of the Families must be in hard copy form to be program. • [Program Announcement No. ACYF±HS± considered acceptable. Part II contains key program 93600±97±03] ADDRESSES: Applications may be mailed information such as a description of to: competitive categories, eligible Early Head Start Program Grant Early Head Start Program Category applicants, project periods, applicable Availability llllll, ACYF Operations Center, Head Start regulations, and Early Head Start as a learning community. AGENCY: Administration on Children, 3030 Clarendon Blvd., Suite 240, • Arlington, Virginia 22201. Part III presents requirements for Youth and Families (ACYF), ACFD, information that must be included in HHS. Hand Delivered, Courier or Overnight delivery applications are received each application. ACTION: Announcement of financial • during the normal working hours of 8:00 Part IV presents the criteria upon assistance to be competitively awarded a.m. to 4:30 p.m., Monday through which applications will be reviewed to public and non-profit private Friday, on or prior to the established and evaluated. entities—including Head Start grantees, • Part V contains instructions for closing date at the above address. Parent and Child Centers and preparing the fiscal year 1997 If you plan to submit an application, Comprehensive Child Development application. This section notes that the we ask that you send a postcard or call Programs—to provide child and family Commissioner of the Administration on in the following information: the name, development services for low-income Children, Youth and Families, address, and telephone number of the families with children under age three depending on the availability of funds contact person; the name of the and pregnant women. and an adequate number of acceptable organization; and the category of applications, may choose to fund a funding for which you may submit an SUMMARY: Section 645A of the Head fiscal year 1998 cohort of programs out application, within two weeks of receipt Start Act, as amended, 42 U.S.C. 9801 of the pool of applications submitted as of this announcement to: Early Head et seq., requires that, beginning in fiscal a response to this program Start, Administration on Children, year 1995, the Secretary of Health and announcement. Youth and Families Operations Center, Human Services award grants Appendix A—ACF Uniform 3030 Clarendon Boulevard, Suite 240, competitively to agencies and Discretionary Grant Application Form— Arlington, VA 22201. The telephone organizations to implement programs This material includes the relevant number is 1–800–351–2293. This which we call ‘‘Early Head Start.’’ These forms, certifications, disclosures and information will be used to determine programs provide early, continuous, assurances necessary for completing and the number of expert reviewers needed intensive, and comprehensive child submitting the application. development and family support and to update the mailing list of persons Appendix B lists the Single Points of services on a year-round basis to low- to whom the program announcement is Contact for each State and Territory. income families with children under age sent. Appendix C is The Statement of the three and pregnant women. The purpose FOR FURTHER INFORMATION CONTACT: For Advisory Committee on Services for of the program is to enhance children’s questions related to the Program Families with Infants and Toddlers. physical, social, emotional, and Announcement, please contact the Appendix D—Category One—New intellectual development; to support Administration on Children, Youth and Early Head Start Awards provides a list parents’ efforts to fulfill their parental Families Operations Center, Technical of the geographic areas not open for roles; and to help parents move toward Assistance Team at 1–800–351–2293. competition under Category One. self-sufficiency. Thus, the goals for Staff at this Center will answer Appendix E—Category Two—New Early Head Start are to: questions regarding the application Awards to Communities Served by • Promote the physical, cognitive, requirements or refer you to the Parent and Child Centers provides a list social and emotional growth of infants appropriate contact person in ACYF for of geographic areas open to competition and toddlers and prepare them for programmatic questions. You may also under Category Two. future growth and development; locate frequently asked questions about An application kit containing the ACF • Support parents—mothers, fathers, this program announcement on the Uniform Discretionary Grant and guardians—in their role as the ACYF website at http:// Application Form, applicable Head Start primary caregivers and educators of www.acf.dhhs.gov. Regulations, State Contact lists (e.g., their children, and in meeting family For a copy of the application kit, or Part H Lead Agency Coordinators) and goals and achieving self-sufficiency for another copy of the program other useful information should be across a wide variety of domains; announcement, please call or fax your obtained by applicants. (See address • Strengthen community supports for request to the ACYF Operations Center listed earlier in this announcement families with young children; and under ‘‘For Further Information.’’) • at 1–800–351–2293 (phone) or 1–800– Develop highly-trained, caring and 351–4490 (fax). adequately compensated program staff, B. Program Purpose because the quality of staff and their SUPPLEMENTARY INFORMATION: With the reauthorization of the Head relationships with children and parents Part I. General Information Start Act in 1994, Congress established are critical to achieving all the other a new program for low-income families goals. A. Introduction with infants and toddlers and pregnant DATES: The CLOSING TIME AND DATE This program announcement is women which is called Early Head FOR RECEIPT of applications is 4:30 pm divided into five sections: Start. Beginning in fiscal year 1995, 68 (Eastern Time Zone), June 16, 1997. • Part I contains general information grants were awarded and, in fiscal year Applications received after 4:30 pm will and an introductory section which 1996, an additional 75 grants were not be accepted. contains the history and background of selected from among competing Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18967 agencies and organizations to • Ensure that the Early Head Start develop a new initiative for expanded implement Early Head Start programs program is supportive and nurturing of Head Start supports to families with which provide early, continuous, families; infants and toddlers, as well as convene intensive, and comprehensive child • Respond to the needs of families, a high-level committee charged with development and family support including the need for full-time child developing guidelines for this new services. care for working families; effort. This recommendation was fueled • In creating this program, the Congress Connect with other service by relevant research findings and acted upon evidence from research and providers at the local level to ensure recognition in the field that much more practice which illustrates that early that a comprehensive array of health, could be accomplished with earlier, intervention through high quality nutrition, and other services is provided more sustained support for very young programs enhances children’s physical, to the program’s pregnant women, very children and their families. young children, and their families; social, emotional, and cognitive • 3. Relevant Research development; enables parents to be Recruit, train, and supervise high better caregivers and teachers to their quality staff to ensure the kind of warm Findings from more than three children; and helps parents meet their and continuous relationships between decades of research in child and family own goals, including economic caregivers and children that are crucial development illustrate that the time independence. Such programs answer to learning and development for infants from conception to age three is critical and toddlers; for human development. The basic an undeniable need. As pointed out in • ‘‘The Report of the Carnegie Task Force Ensure parent involvement in cognitive, social, and emotional on Meeting The Needs of Young policy and decision making; and foundation is established in these early • Coordinate with local Head Start Children,’’ many of the 12 million years. The research also indicates that, and other child development programs children under three and their families to develop optimally, infants and in order to ensure continuity of services in the United States today face a ‘‘quiet toddlers must have healthy beginnings for these children and families. crisis.’’ The numerous indicators of this and the continuity of responsive and crisis include: one in four infants and C. History and Background caring relationships. Together, these supports help promote optimal toddlers live in families with incomes 1. Legislation below the poverty line; nine out of every cognitive, social, emotional, physical, thousand infants die before the age of In May 1994, the President signed and language development. When these one; and, more than five million into law the bipartisan Head Start supports are missing, the immediate and children under three receive child care Reauthorization Act of 1994. This future development of the child may be from other adults while their parents reauthorization established within the compromised. Recent research identifies work, much of that care being of poor Head Start Bureau a new program for the characteristics of effective programs quality. low-income pregnant women and that enhance both child and family The Early Head Start program families with infants and toddlers. The development. This growing body of provides resources to community reauthorization sets aside funds from knowledge provides a foundation upon programs to address such needs and to the total Head Start budget for the which the Early Head Start program is achieve the purposes set forth by subsequent four years at a rate of three based. A more detailed discussion about the Congress. The local programs funded percent in FY 1995; four percent in FY research in maternal and infant health, through Early Head Start operate as a 1996 and 1997; and five percent in FY child-caregiver relationships, and the national laboratory to demonstrate the 1998. Consolidated into the new characteristics of successful programs impact that can be gained when early, initiative were the Parent and Child can be found in the Statement of the continuous, intensive and Centers Program and the Advisory Committee on Services for comprehensive services are provided to Comprehensive Child Development Families with Infants and Toddlers, pregnant women and very young Program. which is included as Appendix C. children and their families. This section of the legislation had a number of sources, including the In FY 1995 a contract was awarded to Programs participating in this Mathematica Policy Research, Inc. to demonstration effort will: recommendations of the Advisory • Committee on Head Start Quality and conduct a cross-site evaluation of Early Ensure quality by meeting the Head Start. In FY 1996, 16 university requirements in the Head Start Program Expansion, as well as recent lessons from research and practice. partners of the initial 68 Early Head Performance Standards and other Start grantees were selected to conduct applicable regulations; 2. The Advisory Committee on Head • site-specific research. Thus, those 16 Provide early, individualized child Start Quality and Expansion sites became the participants in the development and parent education In June 1993, the Secretary of the national cross-site evaluation conducted services to low-income infants and Department of Health and Human by Mathematica. Results are not yet toddlers and their families according to Services formed an Advisory Committee available. Because the evaluation of a plan developed jointly by the parents to look at Head Start quality and Early Head Start is already underway, and staff; the FY 1997–1998 Cohort of Early Head • expansion. The recommendations of Provide these services through an that Committee centered around: Start grantees will not participate in the appropriate mix of home visits, • Striving for excellence in staffing, cross-site evaluation. experiences at the Early Head Start management, oversight, facilities, and 4. Precursor Program Experiences center, and experiences in other settings research; such as family-or center-based child • Expanding to better meet the needs In enacting Early Head Start, Congress care; of children and families; and was building on lessons learned through • Provide early opportunities for • Forging new partnerships with Federal, State, and community programs infants and toddlers with and without communities, schools, the private that serve some of our country’s very disabilities to grow and develop sector, and other national initiatives. young children and their families. together in nurturing and inclusive Included in the report was a Most notable among the early Federal settings; recommendation that the Department efforts include the following: 18968 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

• The Maternal and Child Health health, substance abuse treatment and development of the original fiscal year Services Block Grant has its roots in prevention and other services to 1995 program announcement as well as Title V of the Social Security Act, which strengthen the home and family. There this announcement. was enacted in 1935. It is administered are currently 19 CCDPs in communities The results of this consultation by the Maternal and Child Health throughout the country. Eighteen others contributed significantly to the recently Bureau (MCHB) of the Health Resources have been competitively selected to revised Head Start Program Performance and Services Administration in HHS become Early Head Start programs. Standards (45 CFR Part 1304), which which provides leadership for building • The Even Start Literacy Program, address services to infants, toddlers, and the infrastructure for health care administered by the Department of pregnant women as well as to preschool services delivery to all mothers and Education, integrates early childhood children and their families. education and adult education for children in the U.S., with particular E. Principles Recommended by the Field responsibility for serving those low- parents into a unified program. income or isolated populations who • The Healthy Start Initiative, The Advisory Committee on Services would otherwise have limited access to administered by the Maternal and Child for Families with Infants and Toddlers care. Health Bureau in HHS, started in 1991 identified nine principles that are • The Parent and Child Centers as a demonstration program to combat characteristic of successful programs for Program (PCC) was established in 1967 infant mortality through community families with very young children. to provide an array of services for coalitions. These principles are consistent with the pregnant women, infants/toddlers, In addition to these Federal efforts, themes that emerged from the broader parents, and families as a whole. many States and foundations are consultation conducted by the Services include health, education, focusing on the special needs of very Department. Therefore, applicants are personal and interpersonal young children and their families. expected to take into consideration development, and family assistance. Carnegie and Ford are among the these principles in designing their There are currently 58 PCCs across the foundations addressing the needs of programs. country. Thirty-four others have been pregnant women and families with 1. High Quality: Programs will ensure competitively selected and converted infants and toddlers. high quality in both the services provided to children and families into Early Head Start programs. D. Consultation • The Migrant Head Start program directly, and the services provided was established in 1969 to meet the In the statute establishing the new through referrals. Programs will needs of mobile farmworker children program called Early Head Start, recognize that the conception-to-three and their families. The program Congress called on the Secretary to age period is unique both in the rate of provides age-appropriate infant, toddler develop program guidelines in development and in the way young and preschool programming, full-day consultation with experts in early children’s physical and mental growth services (8 to 12 hours per day), and full childhood development, health, and reflects and absorbs experiences with week services (five to seven days per family services; and take into caregivers and the surroundings. week) based on the needs of working consideration the knowledge and Because of this, the experiences and families. These services are offered in experience gained from other early environments provided need to be of center-based and family child care childhood programs that serve large highest quality to promote child settings during peak agricultural numbers of infants and toddlers development. seasons. There are currently 25 Migrant including the Comprehensive Child 2. Prevention and Promotion: Head Start grantees and 42 delegate Development Program, Head Start Recognizing that windows of agencies operating in 39 States. Infants Parent and Child Centers and the opportunity open and close quickly for and toddlers comprise over 40 percent Migrant Head Start program. As a result, very young children and their families, of the children served annually. the Secretary formed the Advisory programs will seek out opportunities to • The Child and Family Resource Committee on Services for Families promote the physical, social, emotional, Program (CFRP) operated as a with Infants and Toddlers. The cognitive and language development of demonstration from 1973 to 1983. Ten Committee was charged with advising young children and families before CFRP programs linked community the Department on the development of conception, prenatally, upon birth, and resources in efforts to enhance families’ program approaches for the Early Head during the early years. Program staff abilities to provide safe, stable, Start initiative. In September 1994, the will seek to prevent and detect problems nurturing environments for their Advisory Committee unanimously at their earliest stages, rallying the children. agreed to a statement that sets forth the services needed to help the child and • Part H of the Individuals with vision, goals, principles, and program family anticipate and overcome Disabilities Education Act was initiated cornerstones for Early Head Start (the problems before they interfere with in 1986 as an early intervention program Statement, which includes the Advisory healthy development. for children birth to age three who have Committee membership list, is included 3. Positive Relationships and or are at risk for developmental as Appendix C). Continuity: Programs will support and disability. Part H supports In addition, Federal staff conducted enhance strong, caring, continuous comprehensive, statewide programs approximately 30 focus groups during relationships among the child, parents, which identify and coordinate needed the summer of 1994 to hear from family, and caregiving staff. Programs services within the context of a family- parents, practitioners, researchers, will support the mother-child, father- centered services delivery model. advocates, and representatives of child bond by recognizing each parent • The Comprehensive Child professional organizations. Federal staff as his or her child’s first and primary Development Program (CCDP) was also met with or received materials and source of love, nurturance and enacted in 1988 to provide and recommendations from a number of guidance. Programs will ensure that coordinate a wide range of services to other parents, practitioners, and relationships between caregiving staff children and families including child researchers. The suggestions, guidance, and young children support infant and development, health care, education, and information received through this toddler attachment to a limited number economic self-sufficiency, mental consultation process helped shape the of skilled and caring individuals, thus Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18969 maintaining relationships with These principles are explained in support and nurture children while, at caregivers over time and avoiding the more detail in the Statement of the the same time, meeting other critical trauma of loss experienced with Advisory Committee on Services for social and economic needs. Therefore, frequent turnover of key people in the Families with Infants and Toddlers, programs must work to help parents set child’s life. which is attached as Appendix C. and achieve goals for themselves and 4. Parent Involvement: Programs will their children through individualized F. Program Description ensure the highest level of partnership family development plans, which are with parents, both mothers and fathers. In addition to the principles outlined collaboratively designed and updated by Programs will support parents as above, a description of the Early Head families and staff, and are responsive to primary nurturers, educators, and Start program also emerged during the goals and ideals of the families. advocates for their children; assure that consultation with the field. The When families are served by additional each parent has opportunities for Advisory Committee members programs which also require an experiences that support his or her own conceptualized the program as having individualized family development or growth and goals, including that of four cornerstones: child development; service plan, such as a family parenting; encourage independence and family development; community employability plan or a plan under Part self-sufficiency for parents; and provide building; and staff development. H of the Individuals with Disabilities a policy-making and decision-making 1. Child Development Education Act, then a single role in the program for parents. coordinated plan should be developed 5. Inclusion: Programs will develop To develop fully, children need so families experience a seamless services and create an environment individualized support that honors the system of services. which builds upon and responds to the unique characteristics and pace of their The types of services that programs unique strengths and needs of each physical, social, emotional, cognitive must provide directly or through child and family. Further, programs will and language development. Critical to referrals include: support participation in community life this development are the promotion of • Ongoing support to parents through by young children with disabilities and child health; positive relationships case management, peer support groups, their families; and families of very between the child and parents and other or other approaches; young children with significant significant caregivers; opportunities for • Child development information and disabilities will be fully included in all children’s active involvement in services; program services. appropriately stimulating environments; • Health services, including services 6. Culture: Programs will demonstrate and enhancement of each parent’s for women prior to, during, and after an understanding of, respect for, and knowledge about the development of pregnancy; their child within healthy, safe responsiveness to the home culture of • Mental health services; environments. The services that children and families as culture is the • Services to improve health behavior programs must provide to support the context for healthy identity such as smoking cessation and development in the first years of life. child development cornerstone include: • High quality early education substance abuse treatment; 7. Comprehensiveness, Flexibility, • services provided both in and out of the Services to adults to support Responsiveness, and Intensity: Programs home in a range of developmentally progress towards economic will respond in flexible ways to the appropriate settings for infants and independence, such as adult education unique strengths, abilities, and needs of toddlers; and basic literacy skills, job training, job the children, families and communities • Home visits (especially for families placement services, assistance in they serve. Developmental opportunities with newborns and other infants, as obtaining income support, child support provided to each infant and toddler will needed); or related assistance, food, and decent, address the whole child and be • Parent education, including parent- safe housing, and emergency cash or in- continually adapted to keep pace with child activities; kind assistance; and his or her developmental growth. • Comprehensive health and mental • Transportation to program services. Programs also need to be responsive to health services for children; and Programs also must directly provide the distinct needs and experiences of • Part-and full-day child care opportunities for parent involvement in parents whose children are disabled and services, as needed by children and the program so that parents can be those parents who have disabilities. families. involved as decision-makers, 8. Transition: Programs will be In addition, Early Head Start volunteers, and/or employees. responsible for ensuring the smooth programs will be responsible for helping Additional services not listed above, but transition of children and their families the family identify and access the identified by families through into Head Start or other preschool or services of a consistent health community assessments and mappings, child development programs which are professional who can provide ongoing may be provided either directly or of high quality and provide consistent care for the family, child and pregnant through referral at local option. and responsive caregiving. woman. Further, Early Head Start 3. Community Building 9. Collaboration: Recognizing that no programs will be responsible for one program will be able to meet all of coordinating with programs providing Children develop within the context a child’s and family’s needs, programs services in accordance with Part H of of the family and the family develops will build strong connections to other the Individuals with Disabilities within the context of the community. service providers and to community Education Act so that children and Therefore, to support children’s sources of support for families. These families served by these two programs development, Early Head Start programs efforts will foster a caring, can experience a seamless system of must establish collaborative comprehensive and integrated services. relationships with other community community-wide response to families providers to create an environment that with young children, maximize scarce 2. Family Development shares responsibility for the healthy financial resources, and avoid Healthy child development depends development of its children and their duplication of agency effort. on the ability of parents and families to families. 18970 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

The goal of these community practices, early identification of services to low-income families with relationships is three-fold: increasing unhealthy behaviors or health problems, infants and toddlers through Early Head access to high quality services for service coordination, and the provision Start programs after the authority for program families; assuring that the of services and support to diverse funding the PCCs expires in FY 1997. program’s approach to serving pregnant populations, including families and Applicants in each geographic area women and families with infants and children with disabilities and will compete for funds against other toddlers fits into the existing developmental delays; and applicants wishing to serve the same constellation of services in the • Recognize that high quality geographic area. There are 58 such community so that there is a coherent, performance and development occur competitive areas (see Appendix E). when they are linked to rewards such as integrated approach to supporting C. Eligible Applicants families with very young children; and salary, compensation, and career encouraging systemic improvements in advancement. Applicants eligible to apply to service delivery for all the families in a These cornerstones are explained in become an Early Head Start program are community. more detail in the Statement of the public agencies and private non-profit All programs will be required to Advisory Committee on Services for agencies. Eligible applicants include conduct an in-depth assessment of Families with Infants and Toddlers, agencies that operate Comprehensive existing community resources and which is attached as Appendix C. Child Development Programs (CCDPs). needs and engage in an ongoing Applicants are expected to take into Before applications are reviewed, each collaborative planning process with a consideration these four cornerstones, application will be screened to range of stakeholders, including parents the Head Start Program Performance determine whether the applicant and residents of the community. If the Standards and other applicable organization is eligible as specified community recently conducted such an regulations when designing their under this section. Applications from assessment, the program would be able programs. organizations which do not meet to use the results from that study and eligibility requirements will not be Part II. Program Information and considered or reviewed in this then proceed with the collaborative Requirements planning process. competition and the applicant will be so A. Statutory Authority informed. In addition, inadequate 4. Staff Development The Head Start Act, as amended, 42 preparation or omission of essential Programs are only as good as the U.S.C. 9801 et seq. components of the application or failure individuals who staff them. Thus, staff to comply with format specifications as development is a key element of Early B. Grant Competition described in Parts III and IV will result Head Start programs. The funds available for Early Head in applications being withdrawn from To ensure the recruitment and Start grants in fiscal years 1997–1998 further consideration. development of high quality staff, all will be awarded through competitions On all applications developed jointly programs will be required to: in two categories: by more than one organization, the • Select staff who, together, cover the application must identify only one spectrum of skills, knowledge and 1. Category One—New Awards to organization as the lead organization professional competencies necessary to Unserved Areas and official applicant. The lead provide high quality, comprehensive, Grants will be competitively awarded organization must meet the criteria of an inclusive, culturally appropriate, and to eligible applicants to operate Early ‘‘Eligible Applicant.’’ The other family-centered services to young Head Start programs in geographic areas participating agencies and organizations children and their families; not currently served by Head Start can be included as co-participants such • Select staff who are capable of Parent and Child Centers (PCC) and as contractors or delegate agencies. Only entering into one-to-one caregiving existing Early Head Start (EHS) organizations, not individuals, are relationships with infants and toddlers, programs. See Appendix D for a list of eligible to apply under this and caring, respectful and empowering the geographic areas not open to announcement. relationships with families and other competition under Category One. D. Eligible Participants coworkers; Applicants in Category One will • Select program directors who compete on a national basis with all Persons who may participate in the possess the above characteristics and are other organizations that apply to serve Early Head Start program include highly skilled administrators who currently unserved areas. pregnant women and families with exemplify leadership qualities such as In awarding grants in this category, children under age three who have integrity, warmth, intuition and holistic ACYF shall ensure an equitable incomes at or below the poverty line. thinking; geographic distribution of the grants. Head Start regulations permit, however, • Provide ongoing staff training, ACYF will consider the benefit to up to 10 percent of children in local supervision and mentoring for both line communities of funding new providers. programs to be from families which do staff and supervisors that reflects an not meet these low-income criteria. interdisciplinary approach and an 2. Category Two—New Awards to Head Start regulations also require that emphasis on relationship building and Communities Served by PCCs a minimum of 10 percent of enrollment employs techniques and opportunities Grants will be competitively awarded opportunities in each program be made for practice, feedback and reflection; to operate Early Head Start programs in available to children with disabilities. • Provide training so that staff are geographic areas currently served by Such children are expected to be ‘‘cross-trained’’ in the areas of child existing Head Start Parent and Child enrolled in the full range of services and development, family development and Centers (PCCs). See Appendix E for a activities in inclusive settings with their community building in addition to the list of the geographic areas. In awarding non-disabled peers and to receive areas of home visiting, caregiving grants in this category, ACYF is individualized services as needed. The relationships, effective communication interested in assuring that communities report from Congress discussing the with parents, family literacy, healthy/ currently served by PCCs will have an creation of this program encouraged that safe environments and caregiving opportunity to continue receiving participants in programs funded Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18971 through this initiative be identified the size of the program, the costs of from the date of their grant award. while pregnant or while their children operating in different communities and Because the first year is unlikely to are infants. the amount of support that is provided include 12 months of full operation, it from non-federal sources or through is assumed that first year budgets will E. Target Populations partnerships with other community be lower than budgets for future years. Target populations are those that are agencies and funding sources, such as Applicants are expected to submit a first specified in Part II, Section D. Within child care providers. year budget which will include a start- these categories, applicants may choose Each applicant is encouraged to up budget and a prorated operational to focus on special populations, such as request an amount of funds that would budget as well as an on-going teen parents, or to design a program allow it to carry out an effective, high annualized budget. linked to welfare reform initiatives if quality program that is cost-effective they wish. and meets the needs of its community. G. Required Match Awards, on a competitive basis, will Grantees that operate Early Head Start F. Project Period, Funding and Project be for a one-year budget period, programs must provide at least 20 Sizes although project periods will be for five- percent of the total approved costs of We estimate that a total of years. Applications for continuation the project. The total approved cost of approximately $25,800,000 in ACYF grants funded under these awards the project is the sum of the ACF share funds will be available for funding new beyond the first one-year budget period, and the non-Federal share. The non- Early Head Start programs in fiscal year but within the five-year project period, Federal share may be met by cash or in- l997. will be entertained in subsequent years kind contributions, fairly evaluated, A considerable amount of additional on a non-competitive basis, subject to including facilities, equipment or funds may be available in FY 1998 the availability of funds, satisfactory volunteer services. Therefore, a project because the Head Start Act increases progress of the grantee and a requesting $100,000 in Federal funds funding for Early Head Start projects determination that continued funding (based on an award of $125,000 per from four percent of total Head Start would be in the best interest of the budget period), must include a match of funding in FY 1997 to five percent in FY Government. Continuation funds will be at least $25,000 (20 percent of the total 1998. If the Administration’s FY 1998 available to serve eligible infants, project costs). Applicants are budget requests were appropriated, a toddlers and pregnant women who were encouraged to provide more than the total of approximately $89,000,000 in initially enrolled and those eligible minimum 20 percent non-Federal share. funds for Early Head Start would be children and pregnant women who In certain instances, the requirement for available. As previously noted, the replace starting infants, toddlers and a 20 percent non-federal match may be selecting official may decide to select pregnant women who left the program waived in part or in whole, if the some or all of the awardees of FY 1998 during any single year. circumstances described in Section funds from among the applicants to this Allowable costs for developing and 640(b) of the Head Start Act exist. announcement. The amount that will be administering an Early Head Start H. Applicable Head Start Standards awarded will be dependent on the program may not exceed 15 percent of amount of funds available and the the total approved costs of the program. Agencies that receive funding under nature and quality of applications Costs classified as development and this announcement must adhere to the received. administrative costs are those costs standards set forth in certain regulations Applicants are encouraged to apply related to the overall management of the that govern Head Start programs in for projects that will serve between 32 program. Additional information addition to Department of Health and and 120 infants, toddlers and pregnant pertaining to limitations of costs on Human Services’ regulations that govern women. It is felt that projects serving development and administration of discretionary grants generally. The fewer than 32 children and pregnant Early Head Start programs can be found relevant Head Start regulations are: women would have difficulty providing in Head Start regulation 45 CFR Head Start Grants Administration, 45 high quality services while being cost 1301.32, Limitations on Costs of CFR Part 1301; Program Performance effective. The recommended upper limit Development and Administration of a Standards for Operation of Head Start is intended to ensure that projects are of Head Start Program, which is available Programs by Grantee and Delegate a manageable size and will also allow in the application kit. Agencies, 45 CFR Part 1304; and funds to be distributed among more All programs will be reviewed at the Eligibility, Recruitment, Selection, communities. Applicants may propose end of the first year of operation to Enrollment and Attendance in Head projects outside of these recommended determine their suitability for receiving Start, 45 CFR Part 1305; and Head Start sizes, but must justify doing so. continued funding. Programs will be Program Performance Standards on Examples of such justifications might be expected to submit an ongoing Services for Children with Disabilities, a project to serve an isolated or sparsely operational plan and revised budget. 45 CFR Part 1308. populated community with a small Federal staff also may ask for additional On November 5, 1996, the final number of eligible families. Conversely, material as part of the review. version of the revised Head Start a project from a high population area Given the importance of planning, Program Performance Standards (45 that can demonstrate that it has the selecting high quality staff and setting in CFR Part 1304) was published in the capacity to serve a larger number of place training mechanisms, and Federal Register [61 FR 57186]. In children and pregnant women would be coordinating with other programs addition to revising the standards for considered. within the community, we expect that Head Start services to preschool There are no pre-determined cost per programs will spend some portion of children and their families, these child amounts for which applicants their first year focusing on start-up regulations provide, for the first time, must apply. It is expected that there activities. performance standards for Early Head may be considerable variation in Programs are required to begin serving Start programs serving pregnant women amounts applicants receive depending children, families and pregnant women and families with infants and toddlers. on a number of factors, including the within the first year. Programs must be The effective date for these regulations way in which the program is structured, fully operational no later than one year is January 1, 1998. At that time, all Head 18972 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Start and Early Head Start programs will information system to collect program program from community leaders and be expected to comply with the revised information on infants, toddlers and residents. Performance Standards. Applications pregnant women, services, collaborative 2. Identify the population to be served for Early Head Start grants must provide arrangements, staff, training, services by the project and explain why this evidence of the applicant’s knowledge utilization and costs. The Head Start population is most in need of the of and capacity to meet the relevant Family Information System (HSFIS) is program. Identify the target enrollment Head Start regulations, including the currently being modified to size (the estimated number of infants, requirements of the revised Performance accommodate the needs of Early Head toddlers and pregnant women) and Standards. Start. The HSFIS software and User’s provide assurances that the population The Head Start Program Performance Manual will be made available to Early Standards prescribe the program the program intends to recruit and Head Start grantees at the time of grant enroll will meet Early Head Start requirements that grantees must meet as award. Grantees will be responsible for eligibility criteria. they administer Early Head Start coordinating the collection of data for programs. The four cornerstones and and management of HSFIS. 3. Identify the geographic location to nine principles identify the factors that be served by the program. Describe the must be considered in designing an 3. Continuous Improvement key characteristics of the targeted area Early Head Start program. The Requirements and explain what makes the area an cornerstones and principles are In order to enter fully into the identifiable community or embedded in the Head Start Program learning community environment on neighborhood. Describe what services Performance Standards which are both the national and local level, all and resources are/are not currently critical in the implementation of an Early Head Start programs will be available in the area to serve pregnant Early Head Start program. required to: women, infants and toddlers. Provide demographic and other information on I. Early Head Start as a Learning • Conduct a local assessment of Community progress toward stated objectives and the target area which demonstrates that program improvement using the there are a sufficient number of eligible, 1. Overview automated information system and other unserved infants, toddlers and pregnant On both the local and national level, sources of data which measure progress women in the area to justify the target Early Head Start is envisioned as a toward stated objectives and contribute enrollment size. For Category One funds learning community for how quality to a process of continuous improvement only, demonstrate that the geographic services should be delivered to low- within the program and sponsoring area is currently unserved by an Early income pregnant women and families agency; and Head Start program or a Head Start with infants and toddlers. Thus, • Provide information from the Early Parent and Child Center. For Category continuous improvement, evaluation, Head Start automated information Two, demonstrate that the geographic research and dissemination activities system as approved by OMB. area is in the same area as that served play a critical role in this initiative. by the current Parent and Child Center These activities include, but are not Part III. Application Requirements or explain why the boundaries of the limited to: Applicants must address the service area are proposed to be changed • Continuous review and following requirements in their (e.g. as a result of the needs assessment). measurement of program processes to applications for financial assistance. For B. Results or Benefits determine progress toward stated the convenience of applicants, these objectives and for the purpose of requirements have been organized 1. Identify the specific results or program improvement; according to the evaluation criteria • benefits that could be expected for Studies of program processes presented in Part IV. children, families and pregnant women including services offered to and A. Objectives and Need for Assistance participating in the program. Identify received by families and descriptions of the specific community-wide results or how the services are delivered; 1. State the objectives for the program benefits. Identify the specific results or • Qualitative studies of individual and indicate how these objectives relate benefits that could be expected for the families and programs; • to the Head Start Program Performance staff working in a collaborative Studies of child, family, program Standards (see Section II. H of this and community variables that partnership with other child Announcement) and demonstrate that development caregivers and family contribute to program outcomes; there is a need for the program that • Studies of program quality and the development staff working in a variety relates to these standards and is based relationship of quality to program of relevant community agencies. on an assessment of need in the outcomes; 2. Identify the kinds of qualitative and • Studies of program variations and community. Describe the method used to undertake the community assessment quantitative data the program will their relationship to impacts; collect to measure progress towards the • National impact studies, conducted and consumer consultation process that led the applicant to conclude that there stated results or benefits. State how you by a national contractor; will determine the extent to which the • Establishment of longitudinal is a need for the proposed program. An applicant need not conduct an program has achieved its stated research in a sample of Early Head Start objectives. national impact study sites; and independent assessment of the • Documentation of the program community if such an assessment 3. Provide assurances that the models and development of materials already exists. In this case, the applicant program will collect data on groups of for dissemination purposes. should describe the method used in the individuals and geographic areas recently conducted assessment and served, types of services provided, 2. Requirement on the Use of an explain any additional consultation service utilization information, types Automated Information System with consumers as it relates to the and nature of needs identified and met, All Early Head Start programs will be development of the proposed program. and such other information as may be required to use an automated Provide letters of support for your required periodically by the ACF. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18973

C. Approach children (including children from non- development approach will assist English speaking families). families and individual family members In designing the approach, applicants 5. Explain how the program’s child in identifying, pursuing and achieving are reminded that, as of January 1, 1998, development approach will promote goals and overcoming obstacles on the all Early Head Start (EHS) programs parent/guardian-child interaction and way to achieving those goals. must meet the requirements of the support the mother-child and/or father- 10. Describe how the program will revised Head Start Program Performance child bond. Also explain how caregiving develop relationships with parents Standards, 45 CFR Part 1304. Therefore, will be provided in ways that support which promote their involvement with all elements of the EHS program should infant and toddler attachment to a the program. Describe the strategy and be consistent with these standards. limited number of skilled and caring the opportunities for parent 1. All applicants must describe the individuals. involvement, providing assurances that planning the program will conduct 6. Describe how high quality infant it meets or exceeds the parent during the start-up period to prepare for and toddler full-and part-day child care involvement standards described in 45 implementation of the program and will be provided to children of parents CFR Part 1304, the Head Start Program explain how consumers and other who are working or in training or to Performance Standards. Explain what stakeholders in the community will be children who require out-of-home care special efforts the program will make to involved in the planning. due to special parental circumstances reach out to and to involve fathers. 2. Explain the approach to be used to such as substance abuse treatment. 11. Describe what services the recruit and enroll the number and type Discuss the relationship between these program will provide, either directly or of infants, toddlers and pregnant women resources and the program’s overall through referrals, to promote adult and from the target recruitment area, as child development approach. Describe family health and wellness. Identify and discussed in Part III, Section A. Discuss the process the program will use to explain the mental and physical health any special efforts you will make to determine that child care (provided services which will be made available recruit and enroll low-income pregnant either directly or through referral) will and accessible to the families of the women and children under age one. be of high quality. Include the location infants and toddlers served by the 3. Describe how the program will and description of the proposed child program. Describe what the program ensure that at least 10 percent of care facilities and describe any will do to promote women’s health and improvements and the costs associated wellness prior to, during and after enrollment opportunities will be made with them which may be required to pregnancy. In addition, describe what available to children with disabilities comply with the Head Start the program will do to facilitate access (as defined by the IDEA Part H Lead Performance Standards. Indicate if the to substance abuse prevention and Agency for the State). Describe the facility is immediately available or treatment services and smoking policies and practices the program will indicate the estimated date for cessation programs for affected families. have in place to assure that a child will occupancy. In addition, describe the 12. Describe what services the not be denied enrollment or program’s approach to building capacity program will provide, either directly or participation in the program on the in communities where high quality through referrals, to promote progress basis of a disability or the severity of infant/toddler child care is lacking. toward economic self-sufficiency for such a condition. Describe how the 7. Describe the efforts the program parents. Describe the program’s program will work with the Part H local will make to help assure continuation of approach to basic literacy training, adult lead agency or, if available, the local developmentally-appropriate services basic eduction, employability skills Interagency Coordinating Council, to for children, once the children reach the training, job development and recruit and enroll children with age of three. placement services and any other disabilities (and their families) who 8. Describe the specific approaches for employment and training services that have been previously identified by the providing, either directly or through are planned. Part H agency, and to collaborate with referrals, ongoing well-baby and well- 13. Describe what assistance the the Part H agency to arrange and child health services such as early and program will provide, either directly or provide for special services needed by periodic screenings, diagnosis, through referrals, to families in these children and their families. treatment, immunizations, nutritional obtaining needed income support, child Describe how staff will coordinate their assessments, developmental support and related assistance. efforts with others to ensure children surveillance and anticipatory guidance. 14. Identify the existing transportation with disabilities and their families In addition, describe the approach for resources available to families in receive high quality services. ensuring that children are cared for in reaching services provided at the 4. Describe the approach to providing safe and hygienic environments. program site and in off-site locations. child development services and explain 9. Describe the approach for Describe any transportation the rationale for choosing the approach. supporting family growth and arrangements the program will make to Identify and describe the specific development and explain the rationale ensure that children and pregnant approaches that will be used for for choosing the approach. Explain the women are able to access needed assuring the intellectual, social, framework of and procedures for services. emotional and physical development of developing each family’s individualized 15. Describe the program’s approach the infants and toddlers served. plan. Explain how you intend to work to community building and explain the Describe the philosophy, curricula, with other service delivery systems rationale for choosing the approach. staffing patterns, staff qualifications, which require a similar plan, such as Describe how the program will be types and quality of settings and any the Part H Individualized Family coordinated with other programs and other relevant information that will Service Plan (IFSP), to ensure that the services in the community which serve comprise the program’s model for family only needs to complete one plan pregnant women, infants, toddlers and supporting the growth and development and that one plan can be used by all their families and how the program will of very young children. Clearly explain relevant programs to ensure a seamless assist in the development of local how your model will meet the service delivery system for the child and community capability, expertise and developmental needs of very young family. Describe how your family commitment to carry out comprehensive 18974 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices service programs built around the needs sufficient grounding in infant/toddler minimizing staff turnover; and a of low-income pregnant women and development and care and parent/ description of how the program will go families with very young children. caregiver relations prior to working with about establishing a Policy Council (as Describe any barriers to collaboration in children and families enrolled in the described by 45 CFR Part 1304) and a your community and explain the program. Please note the revised Head Health Services Advisory Committee (as program’s strategy for addressing these. Start Program Performance Standards described by 45 CFR Part 1304). Identify by name specific providers, require that Early Head Start staff 20. Identify and describe the proposed agencies and organizations with which working as teachers with infants and site which will be used to serve children the applicant will coordinate in order to toddlers must obtain a Child and families and include a description carry out the requirements of this Development Associate (CDA) of the size and location of classroom, project. Applicants should furnish credential for infant and toddler administrative, and food service space, formal interagency agreements or caregivers or an equivalent credential if applicable. If incidental alteration and contracts (if available) indicating which that addresses comparable competencies renovation costs are proposed, include a services will be provided to which within one year of the effective date of written estimate and the date by which program participants and for what the final rule (January 1, 1998) or, the proposed facility will be licensed periods of time, by each of those thereafter, within one year, as a teacher and available to provide child and provider agencies and/or organizations. of infants and toddlers (45 CFR Part family services. 16. Describe linkages with community 1304.52(f)). D. Collaboration resources that the program will establish 18. Describe the approach to staff and maintain during the planning, development and the rationale for Describe the collaborative implementation and operation of the choosing the approach. Describe the relationships the applicant will develop program: health and nutrition (e.g., training, technical assistance, and in order to maximize resources in the public health departments and other supervision that will be provided to community. Include letters of support health providers and programs ensure continued enhancement of staff and commitment from other partner including Title V, Supplemental Food skills and teamwork. Describe how agencies in the community. In the area Program for Women, Infants and training and technical assistance of child care to meet the needs of low- Children (WIC) and Medicaid prenatal opportunities will be coordinated with income parents, describe collaborative care services and the Medicaid Early other service providers in the approaches to funding and service and Periodic Screening, Diagnosis and community so that Early Head Start delivery with other community-based Treatment program (EPSDT)); early both provides and benefits from the child care agencies and providers or intervention (e.g., Part H local lead knowledge, expertise, and training child care funding sources. In agency or, if available, local interagency opportunities of other relevant partnerships with child care agencies coordinating councils and University community programs and service and providers, the child care programs Affiliated Programs); mental health and delivery systems. Describe how the gain the benefit of Early Head Start substance abuse prevention and program will ensure that staff are resources and experience in enhancing treatment; the agency administering knowledgeable about the rights of the quality of staffing and program Temporary Assistance for Needy children with disabilities and are services to levels consistent with Head Families (TANF); education (e.g., local capable of providing such infants and Start Program Performance Standards. preschool, child care, Head Start, and toddlers with high quality care in a Include letters of commitment from elementary schools); other Early Head supportive and developmentally child care and early childhood agencies Start programs; child care resource and appropriate environment. who will assist the grantee in delivering referral agencies and their networks; 19. Identify and explain the services. business (e.g., the local Private Industry management and continuous E. Staff Background and Organizational Council); parent groups; and other improvement plan(s) for implementing Experience strength-building organizations. the program. Include: an outline of the 17. Describe the approach to staff timeframes and milestones for all key 1. Describe the applicant’s experience selection and explain the rationale for activities that the program will engage in providing comprehensive child and choosing the approach. Describe what in during the first year of operation, as family development services to infants staffing patterns and mix of staff well as a preliminary outline of and toddlers and their families as well qualifications and language/cultural timeframes and milestones for key as pregnant women. Describe the competencies the program will require activities in the remaining years of the applicant’s experience in collaborating to ensure that staff, together, cover the project; a description of the procedures with local, State and Federal partners. spectrum of skills, knowledge and for assessing progress toward stated Describe the applicant’s history and professional competencies necessary to objectives, including how the collection relationship with the target community. provide quality, comprehensive, of data on results and benefits will Include a complete discussion of inclusive and family-centered services contribute to a process of continuous relevant program, administrative and to pregnant women and young children improvement within the program and fiscal management experience. and families. Describe the process the the sponsoring agency; a description of 2. If the applicant represents a applicant will use to identify and select how an automated information system consortium of partner agencies, explain individual staff—from directors to will become an integral component in the relevant background of each partner caregivers to data management staff— the management and continuous and its experience in planning and who demonstrate the personal improvement of the program; a implementing programs to serve characteristics, competencies and skills description of how confidentiality of children and families. Each partner necessary to provide quality services user data will be maintained; a must provide a letter of commitment and promote quality relationships with description of the applicant’s capacity which authorizes the applicant to apply and among children, families, the (e.g. administrative and support on behalf of the consortium. community and other staff. Explain how personnel, etc.) to support the program 3. Identify and provide a brief the program will ensure that all infant/ at the proposed target enrollment size; description of key staff who are toddler caregivers are qualified, with a description of the strategy for proposed to work in the program and Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18975 indicate their educational training and community resources will be utilized currently unserved. For Category Two experience working with similar and maximized. Provide documentation funds, the applicant needs to programs. Provide resumes. Build on of the additional resources that will be demonstrate that the geographic area the answer to Part III, Section C, combined with Early Head Start funds chosen is in the same area as that served Number 17 by explaining how these to provide high quality child care which by the current Parent and Child Center particular staff comprise a multi- meets the Head Start Program or explain why the service area is disciplinary team of experts. In Performance Standards. Explain and proposed to be changed. addition, explain how the ethnic and itemize these resources or services, Information provided in response to racial composition and language whether or not these costs are included Part III, Section A of this announcement proficiencies of these particular staff are as part of the non-federal share. will be used to evaluate applicants on reflective of the community where the 4. Provide information on the this criterion. program will be located. facilities the applicant will use, 4. Describe the expertise the including the estimated cost and scope B. Criterion 2. Results or Benefits organization will utilize in conducting of any changes that are needed and Expected (10 Points) continuous improvement activities. when such facilities are available. In The extent to which the applicant Describe the experience of and provide most cases, it is expected that, given the identifies the results and benefits to be resumes for the individuals who will finite project period for which Early derived from the project and links these assist the program with continuous Head Start grants will be funded, to the stated objectives. The extent to improvement activities. applicants will not propose to use Early which the applicant describes the kinds Head Start grant funds to purchase, of data to be collected and how they F. Budget Appropriateness construct or undertake a major will be utilized to measure progress 1. Provide two detailed, line-item renovation of a facility. If an applicant, towards the stated results or benefits. budgets: one budget that separates all however, believes that such a purchase, Information provided in response to relevant start-up costs from a prorated construction or major renovation is in Part III, Section B of this announcement amount of operating costs to be incurred the best interests of the government, and will be used to evaluate applicants on in the first year of the project (e.g. one can demonstrate this in its application, this criterion. column for start-up costs and one it may propose to purchase, construct or C. Criterion 3. Approach (35 Points) column for prorated operating costs); undertake a major renovation of an and one budget that reflects ongoing Early Head Start facility. The extent to which the applicant annual operating costs. In the proposed demonstrates the knowledge and budgets, applicants must set aside Part IV. Evaluation Criteria capacity to meet the requirements of the sufficient funds so that at least two staff In considering how applicants will Head Start Program Performance can travel to Washington, D.C. for two carry out the responsibilities addressed Standards. The extent to which the annual meetings of four days each to be under Part III of this announcement, applicant explains why the approach convened by ACYF. In addition, competing applications for financial chosen is effective in light of the needs, applicants must set aside sufficient assistance will be reviewed and objectives, results and benefits funds so that at least one staff can travel evaluated against the following six described above. The extent to which to a mid-point in the U.S. for two trips criteria. The point values following each the approach is grounded in recognized per year of seven days each for intensive criterion indicate the numerical weight standards and/or guidelines for high training. Each budget should include each criterion will be accorded in the quality service provision or is defensible the required non-Federal share of the review process. from a research or ‘‘best practices’’ cost of the project (See Part II, Section A. Criterion 1. Objectives and Need for standpoint. G). Assistance (15 Points) The extent to which the applicant’s 2. Describe how these budgets reflect management plan demonstrates high quality, ongoing services provided The extent to which, based on sufficient management capacity to at a reasonable cost. Include discussions community assessment information, the implement a high-quality Early Head on the appropriateness of staff applicant identifies any relevant Start program. compensation levels and funds set aside physical, economic (e.g., poverty in the Information provided in Part III, to assure ongoing staff development and community), social, financial, Section C of this announcement will be training; costs associated with special institutional, or other issues which used to evaluate applicants on this equipment and technological needs and demonstrate a need for the Early Head criterion. the removal of architectural barriers for Start program; in addition, the extent to persons with disabilities; renovation which the applicant identifies the D. Criterion 4. Collaboration (10 Points) costs associated with providing strengths of the community the project The extent to which the applicant environments conducive to the high will serve. The extent to which the presents documentation of efforts quality provision of child and family applicant lists relevant program (letters of commitment, interagency development services; and costs objectives that adequately address the agreements, etc.) to establish and associated with family transportation strengths and needs of the community. maintain ongoing collaborative and emergency resource needs, etc. The extent to which the applicant relationships with community partners. Explain what efforts the applicant has describes the population to be served by The extent and thoroughness of made or will make to secure other the project and explains why this approaches to combining Early Head community cash and in-kind resources, population is most in need of services Start resources and capabilities with besides those shown in the budgets, and to be provided by the program. The those of other local child care agencies what additional resources will be used extent to which the applicant gives a and providers to provide high quality to support the provision of Early Head precise location and rationale for the child care services to infants and Start services to children and families. project site(s) and area(s) to be served by toddlers which meet the Head Start 3. In providing high quality infant and the proposed project. For Category One Program Performance Standards. toddler child care, applicants should funds, the applicant needs to Information concerning collaboration describe how a variety of existing demonstrate that the geographic area is which is provided in response to Part 18976 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

III, Section D of this announcement will this announcement are considered NEW Organizational Experience section of be used to evaluate applicants on this APPLICATIONS. Applicants should this announcement (Part III E). Letters of criterion. follow instructions in the ACF/UDGAF Support should be addressed under the for NEW APPLICATIONS. appendices to the application. E. Criterion 5. Staff Background and In order to be considered for a grant Section B.—(Non-competing Organizational Experience (20 Points) under this Announcement, an continuation applications) Does not The extent to which the proposed application must be submitted on the apply to this announcement. program director, proposed key project Standard Form 424 which has been Section C.—(Supplemental requests) staff, and the organization’s experience approved by the Office of Management Does not apply to this announcement. and history with the community and Budget (OMB) under Control Section D.—Budget and Budget demonstrate the ability to effectively Number 0970–0139. A copy has been Justification—should be addressed and efficiently administer a project of provided (see Appendix A). Each under the Budget Appropriateness this size, complexity and scope. The application must have an original section of this announcement (Part III extent to which the organization signature by an individual authorized to F). demonstrates an ability to carry out act for the applicant and to assume Requests to renovate a facility should continuous improvement activities. Up responsibility for the obligations be addressed under SF 424A—Budget to five points will be given based on the imposed by the terms and conditions of Information Non-Construction organization’s experience in providing the grant award. A copy of the Programs. Applicants requesting early, continuous, and comprehensive governing body’s authorization for this financial assistance for a non- child and family development services. person to sign this application as official construction project must file the Information provided in response to representative must be on file in the Standard Form 424B, ‘‘Assurances: Non- Part III, Section E of this announcement applicant’s office. Construction Programs.’’ Applicants will be used to evaluate applicants on In preparing the program narrative must sign and return the Standard Form this criterion. statement, the applicant should provide 424B with their application. SF 424C— the information that the panel will use Budget Information for Construction F. Criterion 6. Budget Appropriateness to evaluate and rank the proposal. That Programs and SF424D—‘‘Assurances’’ (10 Points) information should be concise and for Construction Programs do not apply The extent to which the program’s complete when addressing the activities to this announcement, unless the costs are reasonable in view of the for which Federal funds are being applicant is proposing construction planning and activities to be carried out requested. Supporting documents under Part III.F.4. and the anticipated outcomes. The should be included where they present Applicants must provide a extent to which the salaries and fringe information clearly and succinctly. certification concerning lobbying. Prior benefits reflect the level of Applicants should respond to the to receiving an award in excess of compensation appropriate for the instructions under ACF/UDGAF— $100,000, applicants shall furnish an responsibilities of staff. The extent to Program Narrative—Items A (Project executed copy of the lobbying which assurances are provided that the Description—Components) and D certification. Applicants must sign and applicant can and will contribute the (Budget and Budget Justification). Under return the certification with their non-Federal share of the total project Project Description—Component, the application. cost. The extent to which the program applicant should address the specific Applicants must sign the disclosure of has attempted to and/or succeeded in information requested under each area lobbying activities, if appropriate. garnering cash or in-kind resources from in this program announcement. Some of Applicants must make the appropriate other sources in the community. The the following sections of the Program certification that they are not presently extent to which costs for facilities are Narrative portion of the ACF/UDGAF do debarred, suspended or otherwise reasonable and cost effective, given the not require a response under this ineligible for award. By signing and five year project period for the Early announcement, while information on submitting the application, applicants Head Start grant. other sections noted below should be are providing the certification and need Information provided in response to placed under a different section than not mail back the certification with the Part III, Section F of this announcement prescribed in the Program Narrative of application. will be used to evaluate applicants on the ACF/UDGAF: Applicants must make the appropriate this criterion. Section A.1.—Project Summary/ certification of their compliance with Abstract—This should be a one page or the Drug-Free Workplace Act of 1988. Part V. The Application Process less summary of the project with By signing and submitting the A. Availability of Forms reference to the funding requested and application, applicants are providing placed directly under the table of the certification and need not mail back Eligible applicants interested in contents or SF424. This page will not the certification with the application. applying for funds must submit all the count against the page limit for program Applicants must also understand that required forms included at the end of description. they will be held accountable for the this announcement in Appendix A. This Section A.5.—Evaluation—Do not smoking prohibition included within material is also included in the address the section as stated in the ACF/ P.L. 103–227, The Pro-Children’s Act of application kit provided by contacting UDGAF in this application; it is not 1994. A copy of the Federal Register the ACF Operations Center at 1–800– required under this announcement. notice which implements the smoking 351–2293 (phone) or 1–800–351–4490 Section A.6.—Geographic Location— prohibition is included in the (fax). Applicants are required to use the Should be addressed under the application kit. Standard Forms, Certifications, Objective and Needs for Assistance Disclosures and Assurances provided section of this announcement (Part III B. Application Submission under Appendix A—ACF Uniform A). Applicants submitting proposals Discretionary Grant Application Form Section A.7.—Additional should use the following format (ACF/UDGAF). Under the ACF/UDGAF, Information—Should be addressed guidelines: Proposals should be applications submitted for funds under under the Staff Background and organized according to the evaluation Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18977 criteria located in Part IV of this Federal Bureau, in recommending the projects intent/agreement. Please do not Register announcement. For each of the to be funded. The Commissioner of include books or video tapes as they six specified criteria, applicants should ACYF will make the final selection of are not easily reproduced and are provide information in response to the the applicants to be funded. An therefore inaccessible to the application requirements described in application may be funded in whole or reviewers. Each page should be Part III of this announcement. These in part, depending on the relative need numbered sequentially. application requirements are cross- for services, applicant ranking, —A complete application consists of the referenced by number in the last geographic location and funds available. items indicated in the checklist in the paragraph of each criterion. All persons The Commissioner may elect not to ACF/UDGAF. who prepared sections of the proposal fund applicants that have management, E. Due Date for the Receipt of should be identified along with those fiscal, or other problems and situations Applications sections, as well as identified according that make it unlikely that they would be to their responsibilities with regard to able to provide effective Early Head Deadlines: Mailed applications shall the proposed program. Start services. be considered as meeting an announced One signed original and two complete The Commissioner may decide not to deadline if they are received on or copies of the grant application, fund projects that would require before the deadline time and date at the including all attachments, are required. unreasonably large initial start-up costs ACYF Operations Center, Clarendon The program announcement number for facilities or equipment. Blvd., Suite 240, Arlington, VA 22201, (ACYF–HS–93600–97–03) must be Successful applicants will be notified Attention: Application for Early Head clearly identified on the application. through the issuance of a Financial Start Category llllll. Applicants Each application must be limited to no Assistance Award which sets forth the are responsible for mailing applications more than 100 double-spaced pages of amount of funds granted, the terms and well in advance, when using all mail program narrative (not including the conditions of the grant, the effective services, to ensure that the applications forms which make up the SF–424 and date of the grant, the budget period for are received on or before the deadline resumes) excluding the one-page project which support is given, and the total time and date. Applicants are cautioned summary. If the narrative portion of the project period for which support is that postmarks will not be considered as application is more than 100 double- provided. a methodology for meeting the deadline. spaced pages, the other pages will be In awarding grants to eligible Applications handcarried by removed from the application and not applicants, the Commissioner shall applicants, applicant couriers, or by considered by the reviewers. The ensure an equitable national geographic overnight/express mail couriers shall be attachments/appendices to each distribution of the grants and award considered as meeting the announced application must be limited to no more grants to applicants proposing to serve deadline if they are received on or than 100 pages, (in addition to the 100 communities in rural areas and to before the deadline date, between the pages permitted for the narrative portion applicants proposing to serve hours of 8:00 a.m. and 4:30 p.m., at the of the application). If the attachments/ communities in urban areas. ACYF Operations Center, 3030 appendices to each application are more The Commissioner will consider the Clarendon Blvd., Suite 240, Arlington, than 100 pages, the other pages will be benefit to communities of funding new Virginia 22201, between Monday and removed from the application and not providers. Friday (excluding Federal holidays). considered by the reviewers. Subject to the availability of (Applicants are cautioned that express/ Applicants must indicate on page one additional resources in FY 1998 and the overnight mail services do not always of their Application for Federal number of acceptable applications deliver as agreed.) Assistance, SF 424, whether they are received as a result of this program ACF cannot accommodate applying for funding under Category announcement, the Commissioner may transmission of applications by fax or One or Category Two (see II B. 1 and 2). elect to fund grantees in FY 1998 from through other electronic media. Please indicate in the ‘‘applicant the pool of applications submitted in Therefore, applications transmitted to identifier’’ box at the top of page one of response to this announcement. ACF electronically will not be accepted the SF 424, the category for which you ACYF will determine when the regardless of date or time of submission are applying (Category One or Two). For project period begins for Early Head and time of receipt. Category Two, the applicants must list Start grants. Late applications: Applications which the number of the Parent and Child D. Checklist for a Complete Application do not meet the criteria above are Center (PCC) geographic area for which considered late applications. ACF shall they are applying to serve (see II.B.2 and The checklist below is for your use to notify each late applicant that its Appendix E list of PCC geographic ensure that the application package has application will not be considered. areas). Indicate the geographic area been properly prepared. Extension of deadlines: ACF may number for which you are applying in —One original, signed and dated extend the deadline for all applicants box # 12, ‘‘areas affected by project’’ on application plus two copies. because of acts of God such as floods, page one of the SF 424. —The narrative portion of the hurricanes, etc., or when there is a application does not exceed 100 widespread disruption of the mails. C. Application Considerations double-spaced pages in a 12-pitch However, if ACF does not extend the Applicants will be scored against the font with 11⁄2 inch margins at the top deadline for all applicants, it may not evaluation criteria described above. The and 1 inch at the bottom and both waive or extend the deadline for any review will be conducted in sides. applicants. Washington, DC. or in an HHS Regional —Attachments/Appendices to the office by a panel consisting of experts in application do not exceed 100 pages. F. Paperwork Reduction Act of 1995 the areas of child and family Attachments/appendices should be (P.L. 104–13) development and other related fields. used only to provide supporting All information collections within The results of the competitive review documentation such as maps, this program announcement are will be taken into consideration by the administration charts, position approved under the Uniform Associate Commissioner, Head Start descriptions, resumes, and letters of Discretionary Grant Application Form 18978 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices under OMB Control Number 0970–0139 Executive Order process and have Additionally, SPOCs are requested to (expiration date August 31, 1997). The established Single Points of Contact clearly differentiate between mere estimated burden per response is 20 (SPOCs). Applicants from these twenty- advisory comments and those official hours. An agency may not conduct or three jurisdictions areas need not take State process recommendations which sponsor, and a person is not required to action regarding Executive Order 12372. may trigger the ‘‘accommodate or respond to, a collection of information Applications for projects to be explain’’ rule. unless it displays a currently valid OMB administered by Federally-recognized When comments are submitted control number. Indian Tribes are also exempt from the requirements of Executive Order 12372. directly to the ACF, they should be G. Executive Order 12372—Notification Otherwise, applicants should contact addressed to: Department of Health and Process their SPOC as soon as possible to alert Human Services, Administration on This program is covered under them to the prospective application and Children, Youth and Families, Head Executive Order 12372, to receive any necessary instructions. Start Bureau, Grants Officer, 330 C ‘‘Intergovernmental Review of Federal Applicants must submit any required Street S.W., Room 2310–B, Washington, Programs,’’ and 45 CFR Part 100, material to the SPOC as early as possible D.C. 20201. ‘‘Intergovernmental Review of so that the program office can obtain A list of Single Points of Contact for Department of Health and Human and review SPOC comments as part of each State and territory is included as Services Programs and Activities.’’ the award process. It is imperative that Appendix B of this announcement. Under the Order, States may design the applicant submit all required their own processes for reviewing and materials, if any, to the SPOC and H. Closing Date commenting on proposed Federal indicate the date of this submittal (or assistance under covered programs. date of contact if no submittal is The closing date for submission of All States and territories except required) on the Standard Form 424, applications is June 16, 1997. Alabama, Alaska, Colorado, item 16a. (Catalog of Federal Domestic Assistance Connecticut, Hawaii, Idaho, Kansas, Under 45 CFR 100.8(a)(2), a SPOC has Program Number 93.600, Project Head Start) Louisiana, Massachusetts, Minnesota, 60 days from the application deadline to Dated: April 14, 1997. Montana, Nebraska, New Jersey, comment on proposed new or James A. Harrell, Oklahoma, Oregon, Pennsylvania, South competing continuation awards. Dakota, Tennessee, Vermont, Virginia, SPOCs are encouraged to eliminate Acting Commissioner, Administration on Children, Youth and Families. Washington, American Samoa, and the submission of routine endorsements Palau have elected to participate in the as official recommendations. BILLING CODE 4184±01±P Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18979

BILLING CODE 4184±01±C 18980 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Instructions for the SF 424 Federal identifier number. If for a new 12. List only the largest political entities Public reporting burden for this collection project, leave blank. affected (e.g., State, counties, cities.) of information is estimated to average 45 5. Legal name of applicant, name of 13. Self-explanatory. minutes per response, including time for primary organizational unit which will 14. List the applicant’s Congressional reviewing instructions, searching existing undertake the assistance activity, complete District and any District(s) affected by the data sources, gathering and maintaining the address of the applicant, and name and program or project. data needed, and completing and reviewing telephone number of the person to contact on 15. Amount requested or to be contributed the collection of information. Send matters related to this application. during the first funding/budget period by comments regarding the burden estimate or 6. Enter Employer Identification Number each contributor. Value of in-kind any other aspect of this collection of (EIN) as assigned by the Internal Revenue contributions should be included on information, including suggestions for Service. appropriate lines as applicable. If the action reducing this burden, to the Office of 7. Enter the appropriate letter in the space will result in a dollar change to an existing Management and Budget, Paperwork provided. award, indicate only the amount of the Reduction Project (0348–0043), Washington, 8. Check appropriate box and enter change. For decreases, enclose the amounts DC 20503. appropriate letter(s) in the space(s) provided: in parentheses. If both basic and supplemental amounts are included, show Please Do Not Return Your Completed Form —‘‘New’’ means a new assistance award. breakdown on an attached sheet. For to the Office of Management and Budget, —‘‘Continuation’’ means an extension for an multiple program funding, use totals and Send It to the Address Provided by the additional funding/budget period for a show breakdown using same categories as Sponsoring Agency project with a projected completion date. item 15. This is a standard form used by applicants —‘‘Revision’’ means any change in the 16. Applicants should contact the State as a required facesheet for preapplications Federal Government’s financial obligation Single Point of Contact (SPOC) for Federal and applications submitted for Federal or contingent liability from an existing Executive Order 12372 to determine whether assistance. It will be used by Federal agencies obligation. the application is subject to the State to obtain applicant certification that States 9. Name of Federal agency from which intergovernmental review process. which have established a review and assistance is being requested with this 17. This question applies to the applicant comment procedure in response to Executive application. organization, not the person who signs as the Order 12372 and have selected the program 10. Use the Catalog of Federal Domestic authorized representative. Categories of debt to be included in their process, have been Assistance number and title of the program include delinquent audit allowances, loans given an opportunity to review the under which assistance is requested. and taxes. applicant’s submission. 11. Enter a brief descriptive title of the 18. To be signed by the authorized Item and Entry project. If more than one program is representative of the applicant. A copy of the 1. Self-explanatory. involved, you should append an explanation governing body’s authorization for you to 2. Date application submitted to Federal on a separate sheet. If appropriate (e.g., sign this application as official representative agency (or State, if applicable) and construction or real property projects), attach must be on file in the applicant’s office. applicant’s control number (if applicable). a map showing project location. For (Certain Federal agencies may require that 3. State use only (if applicable). preapplications, use a separate sheet to this authorization be submitted as part of the 4. If this application is to continue or provide a summary description of this application.) revise an existing award, enter present project. BILLING CODE 4184±01±P Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18981 18982 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

BILLING CODE 4184±01±C Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18983

Instructions for the SF 424A Lines 1–4, Columns (c) Through (g) Column (a)—Enter the program titles Public reporting burden for this collection For new applications, leave Columns (c) identical to Column (a), Section A. A of information is estimated to average 180 and (d) blank. For each line entry in Columns breakdown by function or activity is not minutes per response, including time for (a) and (b), enter in Columns (e), (f), and (g) necessary. reviewing instructions, searching existing the appropriate amounts of funds needed to Column (b)—Enter the contribution to be data sources, gathering and maintaining the support the project for the first funding made by the applicant. data needed, and completing and reviewing period (usually a year). Column (c)—Enter the amount of the the collection of information. Send For continuing grant program applications, State’s cash and in-kind contribution if the comments regarding the burden estimate or submit these forms before the end of each applicant is not a State or State agency. any other aspect of this collection of funding period as required by the grantor Applicants which are a State or State information, including suggestions for agency. Enter in Columns (c) and (d) the agencies should leave this column blank. reducing this burden, to the Office of estimated amounts of funds which will Column (d)—Enter the amount of cash and Management and Budget, Paperwork remain unobligated at the end of the grant in-kind contributions to be made from all Reduction Project (0348–0043), Washington, funding period only if the Federal grantor other sources. DC 20503. agency instructions provide for this. Column (e)—Enter totals in Columns (b), Otherwise, leave these columns blank. Enter (c), and (d). Please Do Not Return Your Completed Form Line 12—Enter the total for each of to the Office of Management and Budget, in Columns (e) and (f) the amounts of funds needed for the upcoming period. The Columns (b)–(e). The amount in Column (e) Send It to the Address Provided by the amount(s) in Column (g) should be the sum should be equal to the amount on Line 5, Sponsoring Agency of amounts in Columns (e) and (f). Column (f), Section A. General Instructions For supplemental grants and changes to Section D. Forecasted Cash Needs This form is designed so that application existing grants, do not use Columns (c) and (d). Enter in Column (e) the amount of the Line 13—Enter the amount of cash needed can be made for funds from one or more grant by quarter from the grantor agency during the programs. In preparing the budget, adhere to increase or decrease of Federal funds and enter in Column (f) the amount of the first year. any existing Federal grantor agency Line 14—Enter the amount of cash from all guidelines which prescribe how and whether increase or decrease of non-Federal funds. In Column (g) enter the new total budgeted other sources needed by quarter during the budgeted amounts should be separately first year. shown for different functions or activities amount (Federal and non-Federal) which includes the total previous authorized Line 15—Enter the totals of amounts on within the program. For some programs, Lines 13 and 14. grantor agencies may require budgets to be budgeted amounts plus or minus, as separately shown by function or activity. For appropriate, the amounts shown in Columns Section E. Budget Estimates of Federal Funds other programs, grantor agencies may require (e) and (f). The amount(s) in Column (g) Needed for Balance of the Project should not equal the sum of amounts in a breakdown by function or activity. Sections Lines 16–19—Enter in Column (a) the same A, B, C, and D should include budget Columns (e) and (f). grant program titles shown in Column (a), estimates for the whole project except when Line 5—Show the total for all columns Section A. A breakdown by function or applying for assistance which requires used. activity is not necessary. For new Federal authorization in annual or other Section B. Budget Categories applications and continuation grant funding period increments. In the latter case, applications, enter in the proper columns In the column headings (1) through (4), Sections A, B, C, and D should provide the amounts of Federal funds which will be enter the titles of the same programs, budget for the first budget period (usually a needed to complete the program or project functions, and activities shown on Lines 1– year) and Section E should present the need over the succeeding funding periods (usually 4, Column (a), Section A. When additional for Federal assistance in the subsequent in years). This section need not be completed sheets are prepared for Section A, provide budget periods. All applications should for revisions (amendments, changes, or contain a breakdown by the object class similar column headings on each sheet. For supplements) to funds for the current year of categories shown in Lines a–k of Section B. each program, function or activity, fill in the existing grants. total requirements for funds (both Federal If more than four lines are needed to list Section A. Budget Summary Lines 1–4, and non-Federal) by object class categories. the program titles, submit additional Columns (a) and (b) Lines 6a–i—Show the totals of Lines 6a to schedules as necessary. For applications pertaining to a single 6h in each column. Line 20—Enter the total for each of the Federal grant program (Federal Domestic Line 6j—Show the amount of indirect cost. Columns (b)–(e). When additional schedules Assistance Catalog number) and not requiring Line 6k—Enter the total of amounts on are prepared for this Section, annotate a functional or activity breakdown, enter on Lines 6i and 6j. For all applications for new accordingly and show the overall totals on Line 1 under Column (a) the catalog program grants and continuation grants the total this line. title and the catalog number in Column (b). amount in column (5), Line 6k, should be the For applications pertaining to a single same as the total amount shown in Section Section F. Other Budget Information program requiring budget amounts by A, Column (g), Line 5. For supplemental Line 21—Use this space to explain multiple function or activities, enter the grants and changes to grants, the total amounts for individual direct object-class name of each activity or function on each amount of the increase or decrease as shown cost categories that may appear to be out of line in Column (a), and enter the catalog in Columns (1)–(4), Line 6k, should be the the ordinary or to explain the details as number in Column (b). For applications same as the sum of the amounts in Section required by the Federal grantor agency. pertaining to multiple programs where none A, Columns (e) and (f) on Line 5. Line 22—Enter the type of indirect rate of the programs require a breakdown by Line 7—Enter the estimated amount of (provisional, predetermined, final or fixed) function or activity, enter the catalog income, if any, expected to be generated from that will be in effect during the funding program title on each line in Column (a) and this project. Do not add or subtract this period, the estimated amount of the base to the respective catalog number of each line in amount from the total project amount. Show which the rate is applied, and the total Column (b). under the program narrative statement the indirect expense. For applications pertaining to multiple nature and source of income. The estimated Line 23—Provide any other explanations or programs where one or more programs amount of program income may be comments deemed necessary. require a breakdown by function or activity, considered by the federal grantor agency in prepare a separate sheet for each program determining the total amount of the grant. Assurances—Non-Construction Programs requiring the breakdown. Additional sheets Public reporting burden for this collection should be used when one form does not Section C. Non-Federal Sources of information is estimated to average 15 provide adequate space for all breakdown of Lines 8–11—Enter amounts of non-Federal minutes per response, including time for data required. However, when more than one resources that will be used on the grant. If reviewing instructions, searching existing sheet is used, the first page should provide in-kind contributions are included, provide a data sources, gathering and maintaining the the summary totals by programs. brief explanation on a separate sheet. data needed, and completing and reviewing 18984 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices the collection of information. Send Rehabilitation Act of 1970 (P.L. 91–616), as 12. Will comply with the Wild and Scenic comments regarding the burden estimate or amended, relating to nondiscrimination on Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) any other aspect of this collection of the basis of alcohol abuse or alcoholism; (g) related to protecting components or potential information, including suggestions for §§ 523 and 527 of the Public Health Service components of the national wild and scenic reducing this burden, to the Office of Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- rivers system. Management and Budget, Paperwork 3), as amended, relating to confidentiality of 13. Will assist the awarding agency in Reduction Project (0348–0043), Washington, alcohol and drug abuse patient records; (h) assuring compliance with Section 106 of the DC 20503. Title VIII of the Civil Rights Act of 1968 (42 National Historic Preservation Act of 1966, as U.S.C. § 3601 et seq.), as amended, relating to amended (16 U.S.C. 470), EO 11593 Please Do Not Return Your Completed Form non-discrimination in the sale, rental or (identification and protection of historic to the Office of Management and Budget, financing of housing; (i) any other properties), and the Archaeological and Send It to the Address Provided by the nondiscrinimation provisions in the specific Historic Preservation Act of 1974 (16 U.S.C. Sponsoring Agency statute(s) under which application for 469a–1 et seq.). Note: Certain of these assurances may not Federal assistance is being made; and (j) the 14. Will comply with P.L. 93–348 be applicable to your project or program. If requirements of any other nondiscrimination regarding the protection of human subjects you have questions, please contact the statute(s) which may apply to the involved in research, development, and awarding agency. Further, certain Federal application. related activities supported by this award of awarding agencies may require applicants to 7. Will comply, or has already complied, assistance. certify to additional assurances. If such is the with the requirements of Titles II and III of 15. Will comply with the Laboratory case, you will be notified. the Uniform Relocation Assistance and Real Animal Welfare Act of 1966 (P.L. 89–544, as As the duly authorized representative of Property Acquisition Policies Act of 1970 amended, 7 U.S.C. 2131 et seq.) pertaining to the applicant I certify that the applicant: (P.L. 91–646) which provide for fair and the care, handling, and treatment of warm 1. Has the legal authority to apply for equitable treatment of persons displaced or blooded animals held for research, teaching, Federal assistance and the institutional, whose property is acquired as a result of or other activities supported by this award of managerial and financial capability Federal or federally assisted programs. These assistance. (including funds sufficient to pay the non- requirements apply to all interests in real 16. Will comply with the Lead-Based Paint Federal share of project costs) to ensure property acquired for project purposes Poisoning Prevention Act (42 U.S.C. §§ 4801 regardless of Federal participation in proper planning, management and et seq.) which prohibits the use of lead based purchases. completion of the project described in this paint in construction or rehabilitation of 8. Will comply, as applicable, with the application. residence structures. provisions of the Hatch Act (5 U.S.C. 2. Will give the awarding agency, the 17. Will cause to be performed the required §§ 1501–1508 and 7324–7328) which limit Comptroller General of United States, and if financial and compliance audits in the political activities of employees whose appropriate, the State, through any accordance with the Single Audit Act of 1984 principal employment activities are funded authorized representative, access to and the or OMB Circular No. A–133, Audits of in whole or in part with Federal funds. right to examine all records, books, papers, Institutions of Higher Learning and other 9. Will comply as applicable, with the or documents related to the award; and will Non-profit Institutions. provisions of the Davis-Bacon Act (40 U.S.C. 18. Will comply with all applicable establish a proper accounting system in §§ 276a to 276a–7), the Copeland Act (40 accordance with generally accepted requirements of all other Federal laws, U.S.C. § 276c and 18 U.S.C. § 874, and the executive orders, regulations and policies accounting standards or agency directives. Contract Work Hours and Safety Standards 3. Will establish safeguards to prohibit governing this program. Act (40 U.S.C. §§ 327–333), regarding labor lllllllllllllllllllll employees from using their positions for a standards for federally assisted construction purpose that constitutes or presents the subagreements. Signature of authorized certifying official appearance of personal or organizational 10. Will comply, if applicable, with flood lllllllllllllllllllll conflict of interest, or personal gain. insurance purchase requirements of Section Title 4. Will initiate and complete the work 102(a) of the Flood Disaster Protection Act of lllllllllllllllllllll within the applicable time frame after receipt 1973 (P.L. 93–234) which requires recipients Applicant organization of approval of the awarding agency. in a special flood hazard area to participate lllllllllllllllllllll 5. Will comply with the Intergovernmental in the program and to purchase flood Date submitted Personnel Act of 1970 (42 U.S.C. §§ 4728– insurance if the total cost of insurable 4763) relating to prescribed standards for This certification is required by the construction and acquisition is $10,000 or regulations implementing the Drug-Free merit systems for programs funded under one more. of the nineteen statutes or regulations Workplace Act of 1988: 45 CFR Part 76, 11. Will comply with environmental Subpart F. Sections 76.630(c) and (d)(2) and specified in Appendix A of OPM’s Standards standards which may be prescribed pursuant 76.645(a) (1) and (b) provide that a Federal for a Merit System of Personnel to the following: (a) Institution of agency may designate a central receipt point Administration (5 C.F.R. 900, Subpart F). environmental quality control measures for STATE-WIDE AND STATE AGENCY- 6. Will comply with all Federal statutes under the National Environmental Policy Act WIDE certifications, and for notification of relating to nondiscrimination. These include of 1969 (P.L. 91–190) and Executive Order criminal drug convictions. For the but are not limited to: (a) Title VI of the Civil (EO) 11514; (b) notification of violating Department of Health and Human Services, Rights Act of 1964 (P.L. 88–352) which facilities pursuant to EO 11738; (c) protection the central point is: Division of Grants prohibits discrimination on the basis of race, of wetlands pursuant to EO 11990; (d) Management and Oversight, Office of color or national origin; (b) title IX of the evaluation of flood hazards in floodplains in Management and Acquisition, Department of Education Amendments of 1972, as amended accordance with EO 11988; (e) assurance of Health and Human Services, Room 517–D, (20 U.S.C. §§ 1681–1683, and 1685–1686), project consistency with the approved State 200 Independence Avenue, SW Washington, which prohibits discrimination on the basis management program developed under the DC 20201. of sex; (c) Section 504 of the Rehabilitation Coastal Zone Management Act of 1972 (16 Act of 1973, as amended (29 U.S.C. § 794), U.S.C. §§ 1451 et seq.); (f) conformity of Certification Regarding Drug-Free Workplace which prohibits discrimination on the basis Federal actions to State (Clear Air) Requirements of handicaps; (d) the Age Discrimination Act Implementation Plans under Section 176(c) (Instructions for Certification) of 1975, as amended (42 U.S.C. § 6101–6107), of the Clear Air Act of 1955, as amended (42 1. By signing and/or submitting this which prohibits discrimination on the basis U.S.C. §§ 7401 et seq.); (g) protection of application or grant agreement, the grantee is of age; (e) the Drug Abuse Office and underground sources of drinking water under providing the certification set out below. Treatment Act of 1972 (P.L. 92–255), as the Safe Drinking Water Act of 1974, as 2. The certification set out below is a amended, relating to nondiscrimination on amended (P.L. 93–523); and (h) protection of material representation of fact upon which the basis of drug abuse: (f) the endangered species under the Endangered reliance is placed when the agency awards Comprehensive Alcohol Abuse and Species Act of 1973, as amended (P. L. 93– the grant. If it is later determined that the Alcoholism Prevention, Treatment and 205). grantee knowingly rendered a false Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18985 certification, or otherwise violates the Certification Regarding Drug-Free performance of work done in connection requirements of the Drug-Free Workplace Workplace Requirements with the specific grant: Act, the agency, in addition to any other Place of performance (Street address, city, Alternate I. (Grantees Other Than remedies available to the Federal county, state, zip code): Individuals) Government, may take action authorized lllllllllllllllllllll under the Drug-Free Workplace Act. The grantee certifies that it will or will lllllllllllllllllllll 3. For grantees other than individuals, continue to provide a drug-free workplace by: Check b if there are workplaces on file that Alternate I applies. (a) Publishing a statement notifying are not identified here. 4. For grantees who are individuals, employees that the unlawful manufacture, Alternate II applies. distribution, dispensing, possession, or use of Alternate II. (Grantees Who Are Individuals) 5. Workplaces under grants, for grantees a controlled substance is prohibited in the grantee’s workplace and specifying the (a) The grantee certifies that, as a condition other than individuals, need not be identified of the grant, he or she will not engage in the on the certification. If known, they may be actions that will be taken against employees for violation of such prohibition; unlawful manufacture, distribution, identified in the grant application. If the dispensing, possession, or use of a controlled grantee does not identify the workplaces at (b) Establishing an ongoing drug-free awareness program to inform employees substance in conducting any activity with the the time of application, or upon award, if grant; there is no application, the grantee must keep about— (1) The dangers of drug abuse in the (b) If convicted of a criminal drug offense the identity of the workplace(s) on file in its resulting from a violation occurring during office and make the information available for workplace; (2) The grantee’s policy of maintaining a the conduct of any grant activity, he or she Federal inspection. Failure to identify all will report the conviction, in writing, within known workplaces constitutes a violation of drug-free workplace; (3) Any available drug counseling, 10 calendar days of the conviction, to every the grantee’s drug-free workplace grant officer or other designee, unless the rehabilitation, and employee assistance requirements. Federal agency designates a central point for programs; and 6. Workplace identifications must include the receipt of such notices. When notice is (4) The penalties that may be imposed the actual address of buildings (or parts of made to such a central point, it shall include upon employees for drug abuse violations buildings) or other sites where work under the identification number(s) of each affected occurring in the workplace; the grant takes place. Categorical descriptions grant. (c) Making it a requirement that each may be used (e.g., all vehicles of a mass employee to be engaged in the performance [55 FR 21690, 21702, May 25, 1990] transit authority of State highway department of the grant be given a copy of the statement while in operation, State employees in each Certification Regarding Debarment, required by paragraph (a); local unemployment office, performers in Suspension, and Other Responsibility (d) Notifying the employee in the statement Matters—Primary Covered Transactions concert halls or radio studios). required by paragraph (a) that, as a condition 7. If the workplace identified to the agency of employment under the grant, the employee Instructions for Certification changes during the performance of the grant, will— 1. By signing and submitting this proposal, the grantee shall inform the agency of the (1) Abide by the terms of the statement; the prospective primary participant is change(s), if it previously identified the and providing the certification set out below. workplaces in question (see paragraph five). (2) Notify the employer in writing of his or 2. The inability of a person to provide the 8. Definitions of terms in the her conviction for a violation of a criminal certification required below will not Nonprocurement Suspension and Debarment drug statute occurring in the workplace no necessarily result in denial of participation in common rule and Drug-Free Workplace later than five calendar days after such this covered transaction. The prospective common rule apply to this certification. conviction; participant shall submit an explanation of Grantees’ attention is called, in particular, to (e) Notifying the agency in writing, within why it cannot provide the certification set the following definitions from these rules: ten calendar days after receiving notice under out below. The certification or explanation Controlled substance means a controlled paragraph (d)(2) from an employee or will be considered in connection with the substance in Schedules I through V of the otherwise receiving actual notice of such department or agency’s determination Controlled Substances Act (21 U.S.C. 812) conviction. Employers of convicted whether to enter into this transaction. and as further defined by regulation (21 CFR employees must provide notice, including However, failure of the prospective primary 1308.11 through 1308.15); position title, to every grant officer or other participant to furnish a certification or an Conviction means a finding of guilt designee on whose grant activity the explanation shall disqualify such person (including a plea of nolo contendere) or convicted employee was working, unless the from participation in this transaction. imposition of sentence, or both, by any Federal agency has designated a central point 3. The certification in this clause is a judicial body charged with the responsibility for the receipt of such notices. Notice shall material representation of fact upon which to determine violations of the Federal or include the identification number(s) of each reliance was placed when the department or State criminal drug statutes; affected grant; agency determined to enter into this Criminal drug statute means a Federal or (f) Taking one of the following actions, transaction. If it is later determined that the non-Federal criminal statute involving the within 30 calendar days of receiving notice prospective primary participant knowingly manufacture, distribution, dispensing, use, or under paragraph (d)(2), with respect to any rendered an erroneous certification, in possession of any controlled substance; employee who is so convicted— addition to other remedies available to the Employee means the employee of a grantee (1) Taking appropriate personnel action Federal Government, the department or directly engaged in the performance of work against such an employee, up to and agency may terminate this transaction for under a grant, including: (i) All direct charge including termination, consistent with the cause or default. employees; (ii) All indirect charge employees requirements of the Rehabilitation Act of 4. The prospective primary participant unless their impact or involvement is 1973, as amended; or shall provide immediate written notice to the insignificant to the performance of the grant; (2) Requiring such employee to participate department or agency to which this proposal and, (iii) Temporary personnel and satisfactorily in a drug abuse assistance or is submitted if at any time the prospective consultants who are directly engaged in the rehabilitation program approved for such primary participant learns that its performance of work under the grant and purposes by a Federal, State, or local health, certification was erroneous when submitted who are in the grantee’s payroll. This law enforcement, or other appropriate or has become erroneous by reason of definition does not include workers not on agency; changed circumstances. the payroll of the grantee (e.g., volunteers, (g) Making a good faith effort to continue 5. The terms covered transaction, debarred, even if used to meet a matching requirement; to maintain a drug-free workplace through suspended, ineligible, lower tier covered consultants or independent contractors not implementation of paragraphs (a), (b), (c), (d), transaction, participant, person, primary on the grantee’s payroll; or employees of (e) and (f). covered transaction, principal, proposal, and subrecipients or subcontractors in covered (B) The grantee may insert in the space voluntarily excluded, as used in this clause, workplaces). provided below the site(s) for the have the meanings set out in the Definitions 18986 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices and Coverage sections of the rules (b) Have not within a three-year period this covered transaction, unless authorized implementing Executive Order 12549. You preceding this proposal been convicted of or by the department or agency with which this may contact the department or agency to had a civil judgment rendered against them transaction originated. which this proposal is being submitted for for commission of fraud or a criminal offense 6. The prospective lower tier participant assistance in obtaining a copy of those in connection with obtaining, attempting to further agrees by submitting this proposal regulations. obtain, or performing a public (Federal, State that it will include this clause titled 6. The prospective primary participant or local) transaction or contract under a ‘‘Certification Regarding Debarment, agrees by submitting this proposal that, public transaction; violation of Federal or Suspension, Ineligibility and Voluntary should the proposed covered transaction be State antitrust statutes or commission of Exclusion—Lower Tier Covered entered into, it shall not knowingly enter into embezzlement, theft, forgery, bribery, Transaction,’’ without modification, in all any lower tier covered transaction with a falsification or destruction of records, making lower tier covered transactions and in all person who is proposed for debarment under false statements, or receiving stolen property; solicitations for lower tier covered 48 CFR part 9, subpart 9.4, debarred, (c) Are not presently indicted for or transactions. suspended, declared ineligible, or voluntarily otherwise criminally or civilly charged by a 7. A participant in a covered transaction excluded from participation in this covered governmental entity (Federal, State or local) may rely upon a certification of a prospective transaction, unless authorized by the with commission of any of the offenses participant in a lower tier covered department or agency entering into this enumerated in paragraph (1)(b) of this transaction that it is not proposed for transaction. certification; and debarment under 48 CFR part 9, subpart 9.4, 7. The prospective primary participant (d) Have not within a three-year period debarred, suspended, ineligible, or further agrees by submitting this proposal preceding this application/proposal had one voluntarily excluded from covered that it will include the clause titled or more public transactions (Federal, State or transactions, unless it knows that the ‘‘Certification Regarding Debarment, local) terminated for cause or default. certification is erroneous. A participant may Suspension, Ineligibility and Voluntary (2) Where the prospective primary decide the method and frequency by which Exclusion-Lower Tier Covered Transaction,’’ participant is unable to certify to any of the it determines the eligibility of its principals. provided by the department or agency statements in this certification, such Each participant may, but is not required to, entering into this covered transaction, prospective participant shall attach an check the List of Parties Excluded from without modification, in all lower tier explanation to this proposal. Federal Procurement and Nonprocurement covered transactions and in all solicitations Programs. for lower tier covered transactions. Certification Regarding Debarment, 8. Nothing contained in the foregoing shall 8. A participant in a covered transaction Suspension, Ineligibility and Voluntary be construed to require establishment of a may rely upon a certification of a prospective Exclusion—Lower Tier Covered system of records in order to render in good participant in a lower tier covered Transactions faith the certification required by this clause. transaction that it is not proposed for Instructions for Certification The knowledge and information of a debarment under 48 CFR part 9, subpart 9.4, participant is not required to exceed that debarred, suspended, ineligible, or 1. By signing and submitting this proposal, which is normally possessed by a prudent voluntarily excluded from the covered the prospective lower tier participant is person in the ordinary course of business transaction, unless it knows that the providing the certification set out below. dealings. certification is erroneous. A participant may 2. The certification in this clause is a 9. Except for transactions authorized under decide the method and frequency by which material representation of fact upon which paragraph 5 of these instructions, if a it determines the eligibility of its principals. reliance was placed when this transaction participant in a covered transaction Each participant may, but is not required to, was entered into. If it is later determined that knowingly enters into a lower tier covered check the List of Parties Excluded from the prospective lower tier participant transaction with a person who is proposed Federal Procurement and Nonprocurement knowingly rendered an erroneous for debarment under 48 CFR part 9, subpart Programs. certification, in addition to other remedies 9.4, suspended, debarred, ineligible, or 9. Nothing contained in the foregoing shall available to the Federal Government the voluntarily excluded from participation in be construed to require establishment of a department or agency with which this this transaction, in addition to other system of records in order to render in good transaction originated may pursue available remedies available to the Federal faith the certification required by this clause. remedies, including suspension and/or Government, the department or agency with The knowledge and information of a debarment. which this transaction originated may pursue participant is not required to exceed that 3. The prospective lower tier participant available remedies, including suspension which is normally possessed by a prudent shall provide immediate written notice to the and/or debarment. person in the ordinary course of business person to which this proposal is submitted if dealings. at any time the prospective lower tier * * * * * 10. Except for transactions authorized participant learns that its certification was Certification Regarding Debarment, under paragraph 6 of these instructions, if a erroneous when submitted or had become Suspension, Ineligibility and Voluntary participant in a covered transaction erroneous by reason of changed Exclusion—Lower Tier Covered knowingly enters into a lower tier covered circumstances. Transactions transaction with a person who is proposed 4. The terms covered transaction, debarred, for debarment under 48 CFR part 9, subpart suspended, ineligible, lower tier covered (1) The prospective lower tier participant 9.4, suspended, debarred, ineligible, or transaction, participant, person, primary certifies, by submission of this proposal, that voluntarily excluded from participation in covered transaction, principal, proposal, and neither it nor its principals is presently this transaction, in addition to other voluntarily excluded, as used in this clause, debarred, suspended, proposed for remedies to the Federal Government, the have the meaning set out in the Definitions debarment, declared ineligible, or voluntarily department or agency may terminate this and Coverage sections of rules implementing excluded from participation in this transaction for cause or default. Executive Order 12549. You may contact the transaction by any Federal department or agency. * * * * * person to which this proposal is submitted for assistance in obtaining a copy of these (2) Where the prospective lower tier Certification Regarding Debarment, regulations. participant is unable to certify to any of the Suspension, and Other Responsibility 5. The prospective lower tier participant statements in this certification, such Matters—Primary Covered Transactions agrees by submitting this proposal that, prospective participant shall attach an explanation to this proposal. (1) The prospective primary participants [[Page 33043]] should the proposed covered certifies to the best of its knowledge and transaction be entered into, it shall not Certification Regarding Lobbying belief, that it and its principals: knowingly enter into any lower tier covered (a) Are not presently debarred, suspended, transaction with a person who is proposed Certification for Contracts, Grants, Loans, proposed for debarment, declared ineligible, for debarment under 48 CFR part 9, subpart and Cooperative Agreements or voluntarily excluded by any Federal 9.4, debarred, suspended, declared ineligible, The undersigned certifies, to the best of his department or agency; or voluntarily excluded from participation in or her knowledge and belief, that: Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18987

(1) No Federal appropriated funds have Report Lobbying,’’ in accordance with its to influence an officer or employee of any been paid or will be paid, by or on behalf of instructions. agency, a Member of Congress, an officer or the undersigned, to any person for (3) The undersigned shall require that the employee of Congress, or an employee of a influencing or attempting to influence an language of this certification be included in Member of Congress in connection with this officer or employee of an agency, a Member the award documents for all subawards at all commitment providing for the United States of Congress, an officer or employee of tiers (including subcontracts, subgrants, and to insure or guarantee a loan, the contracts under grants, loans, and Congress, or an employee of a Member of undersigned shall complete and submit cooperative agreements) and that all Congress in connection with the awarding of Standard Form—LLL, ‘‘Disclosure Form to subrecipients shall certify and disclose Report Lobbying,’’ in accordance with its any Federal contract, the making of any accordingly. instructions. Submission of this statement is Federal grant, the making of any Federal This certification is a material loan, the entering into of any cooperative representation of fact upon which reliance a prerequisite for making or entering into this agreement, and the extension, continuation, was placed when this transaction was made transaction imposed by section 1352, title 31, renewal, amendment, or modification of any or entered into. Submission of this U.S. Code. Any person who fails to file the Federal contract, grant, loan, or cooperative certification is a prerequisite for making or required statement shall be subject to a civil agreement. entering into this transaction imposed by penalty of not less than $10,000 and not more (2) If any funds other than Federal section 1352, title 31, U.S. Code. Any person than $100,000 for each such failure. appropriated funds have been paid or will be who fails to file the required certification lllllllllllllllllllll paid to any person for influencing or shall be subject to a civil penalty of not less Signature attempting to influence an officer or than $10,000 and not more than $100,000 for lllllllllllllllllllll each such failure. employee of any agency, a Member of Title Congress, an officer or employee of Congress, Statement for Loan Guarantees and Loan lllllllllllllllllllll or an employee of a Member of Congress in Insurance Organization connection with this Federal contract, grant, The undersigned states, to the best of his lllllllllllllllllllll loan, or cooperative agreement, the or her knowledge and belief, that: Date undersigned shall complete and submit If any funds have been paid or will be paid Standard Form—LLL, ‘‘Disclosure Form to to any person for influencing or attempting BILLING CODE 4184±01±P 18988 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

BILLING CODE 4184±01±C Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18989

Instructions for Completion of SF–LLL, 10. (a) Enter the full name, address, city, (Supporting information concerning Disclosure of Lobbying Activities state and zip code of the lobbying registrant activities which will not be directly funded This disclosure form shall be completed by under the Lobbying Disclosure Act of 1995 by the grant or information which does not the reporting entity, whether subawardee or engaged by the reporting entity identified in directly pertain to an integral part of the prime Federal recipient, at the initiation or item 4 to influence the covered Federal grant funded activity should be placed in an receipt of a covered Federal action, or a action. appendix.) Pages should be numbered for material change to a previous filing, pursuant (b) Enter the full name(s) of the easy reference. to title 31 U.S.C. section 1352. The filing of individual(s) performing services, and Prepare the program narrative statement in a form is required for each payment or include full address if different from 10(a). accordance with the following instructions: • agreement to make payment to any lobbying Enter Last Name, First Name, and Middle Applicants submitting new applications entity for influencing or attempting to Initial (MI). or competing continuation applications influence an officer or employee of any (The instructions for items 11 through 15 are should respond to Items A and D. • agency, a Member of Congress, an officer or removed.) Applicants submitting noncompeting employee of Congress, or an employee of a 16. The certifying official shall sign and continuation applications should respond to Member of Congress in connection with a date the form, print his/her name, title, and Item B. • covered Federal action. Complete all items telephone number. Applicants requesting supplemental that apply for both the initial filing and Public reporting burden for this collection assistance should respond to Item C. material change report. Refer to the of information is estimated to average 30 A. Project Description—Components implementing guidance published by the minutes per response, including time for Office of Management and Budget for reviewing instructions, searching existing 1. Project Summary/Abstract additional information. data sources, gathering and maintaining the A summary of the project description 1. Identify the type of covered Federal data needed, and completing and reviewing (usually a page or less) with reference to the action for which lobbying activity is and/or the collection of information. Send funding request should be placed directly has been secured to influence the outcome of comments regarding the burden estimate or behind the table of contents or SF–424. a covered Federal action. any other aspect of this collection of 2. Objectives and Need for Assistance 2. Identify the status of the covered Federal information, including suggestions for action. reducing this burden, to the Office of Applicants must clearly identify the 3. Identify the appropriate classification of Management and Budget, Paperwork physical, economic, social, financial, this report. If this is a followup report caused Reduction Project (0348–0046). institutional, or other problem(s) requiring a by a material change to the information solution. The need for assistance must be previously reported, enter the year and Program Narrative demonstrated and the principal and quarter in which the change occurred. Enter This program narrative section was subordinate objectives of the project must be the date of the last previously submitted designed for use by many and varied clearly stated; supporting documentation report by this reporting entity for this programs. Consequently, it is not possible to such as letters of support and testimonials covered Federal action. provide specific guidance for developing a from concerned interests other than the 4. Enter the full name, address, city, state program narrative statement that would be applicant may be included. Any relevant data and zip code of the reporting entity. Include appropriate in all cases. Applicants must based on planning studies should be Congressional District, if known. Check the refer the relevant program announcement for included or referenced in the endnotes/ appropriate classification of the reporting information on specific program footnotes. Incorporate demographic data and entity that designates if it is, or expects to be requirements and any additional guidelines participant/beneficiary information, as a prime or subaward recipient. Identify the for preparing the program narrative needed. In developing the narrative, the tier of the subawardee, e.g., the first statement. The following are general applicant may volunteer or be requested to subawardee of the prime is the 1st tier. guidelines for preparing a program narrative provide information on the total range of Subawards include but are not limited to statement. projects currently conducted and supported subcontracts, subgrants and contract awards The program narrative provides a major (or to be initiated), some of which may be under grants. means by which the application is evaluated outside the scope of the program 5. If the organization filing the report in and ranked to compete with other announcement. item 4 checks ‘‘Subawardee’’, then enter the applications for available assistance. It 3. Results or Benefits Expected full name, address, city, state and zip code should be concise and complete and should of the prime Federal recipient. Include Identify results and benefits to be derived. address the activity for which Federal funds Congressional District, if known. For example, when applying for a grant to 6. Enter the name of the Federal agency are requested. Supporting documents should establish a neighborhood child care center, making the award or loan commitment. be included where they can present describe who will occupy the facility, who Include at least one organizational level information clearly and succinctly. will use the facility, how the facility will be below agency name, if known. For example, Applicants are encouraged to provide used, and how the facility will benefit the Department of Transportation, United States information on their organizational structure, community which it will serve. staff, related experience, and other Coast Guard. 4. Approach 7. Enter the Federal program name or information considered to be relevant. description for the covered Federal action Awarding offices use this and other Outline a plan of action which describes (item 1). If known, enter the full Catalog of information to determine whether the the scope and detail of how the proposed Federal Domestic Assistance (CFDA) number applicant has the capability and resources work will be accomplished. Account for all for grants, cooperative agreements, loans, and necessary to carry out the proposed project. functions or activities identified in the loan commitments. It is important, therefore, that this application. Cite factors which might 8. Enter the most appropriate Federal information be included in the application. accelerate or decelerate the work and state identifying number available for the Federal However, in the narrative the applicant must your reason for taking this approach rather action identified in item 1 [e.g., Request for distinguish between resources directly than others. Describe any unusual features of Proposal (RFP) number; Invitation for Bid related to the proposed project from those the project such as design or technological (IFB) number; grant announcement number; which will not be used in support of the innovations, reductions in cost or time, or the contract, grant, or loan award number; specific project for which funds are extraordinary social and community the application/proposal control number requested. involvement. assigned by the Federal agency]. Include Cross-referencing should be used rather Provide quantitative monthly or quarterly prefixes, e.g., ‘‘RFP–DE–90–001.’’ than repetition. ACF is particularly interested projections of the accomplishments to be 9. For a covered Federal action where there in specific factual information and achieved for each function or activity in such has been a award or loan commitment by the statements of measurable goals in terms as the number of people to be served Federal agency, enter the Federal amount of quantitative terms. Narratives are evaluated and the number of microloans made. When the award loan commitment for the prime on the basis of substance, not length. accomplishments cannot be quantified by entity identified in item 4 or 5. Extensive exhibits are not required. activity or function, list them in 18990 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices chronological order to show the schedule of compliance with federal/state/local C. Supplemental Requests accomplishments and their target dates. government standards, documentation of For supplemental assistance requests, Identify the kinds of data to be collected, experience in program area, and other explain the reason for the request and justify maintained, and/or disseminated. (Note that pertinent information. Any non-profit the need for additional funding. Provide a clearance from the U.S. Office of organization submitting an application must budget and budget justification only for those Management and Budget might be needed submit proof of its non-profit status in its items for which additional funds are prior to an information collection.) List application at the time of submission. The requested. (See Item D for guidelines on organizations, cooperating entities, non-profit agency can accomplish this by preparing a budget and budget justification.) consultants, or other key individuals who providing a copy of the applicant’s listing in will work on the project along with a short the Internal Revenue Service’s (IRS) most D. Budget and Budget Justification description of the nature of their effort or recent list of tax-exempt organizations Provide line item detail and detailed contribution. described in Section 501(c)(3) of the IRS code calculations for each budget object class or by providing a copy of the currently valid 5. Evaluation identified on the Budget Information form. IRS tax exemption certificate, or by providing Provide a narrative addressing how you Detailed calculations must include a copy of the articles of incorporation bearing estimation methods, quantities, unit costs, will evaluate (1) the results of your project the seal of the State in which the corporation and (2) the conduct of your program. In and other similar quantitative detail or association is domiciled. sufficient for the calculation to be duplicated. addressing the evaluation of results, state Dissemination Plan—A plan for how you will determine the extent to which The detailed budget must also include a distributing reports and other project outputs breakout by the funding sources identified in the program has achieved its stated objectives to colleagues and the public. Applicants Block 15 of the SF–424. and the extent to which the accomplishment must provide a description of the kind, Provide a narrative budget justification of objectives can be attributed to the program. volume and timing of distribution. which describes how the categorical costs are Discuss the criteria to be used to evaluate Third-Party Agreements—Written derived. Discuss the necessity, results; explain the methodology that will be agreements between grantees and subgrantees reasonableness, and allocability of the used to determine if the needs identified and or subcontractors or other cooperating proposed costs. discussed are being met and if the project entities. These agreements may detail scope The following guidelines are for preparing results and benefits are being achieved. With of work, work schedules, remuneration, and the budget and budget justification. Both respect to the conduct of your program, other terms and conditions that structure or federal and non-federal resources should be define the procedures you will employ to define the relationship. detailed and justified in the budget and determine whether the program is being Waiver Request—A statement of program narrative justification. For purposes of conducted in a manner consistent with the requirements for which waivers will be preparing the program narrative, ‘‘federal work plan you presented and discuss the needed to permit the proposed project to be resources’’ refers only to the ACF grant for conducted. impact of the program’s various activities which you are applying. Non-Federal Letters of Support—Statements from upon the program’s effectiveness. resources are all other federal and non- community, public and commercial leaders 6. Geographic Location federal resources. It is suggested that for the which support the project proposed for budget, applicants use a column format: Give the precise location of the project and funding. boundaries of the area to be served by the Column 1, object class categories; Column 2, proposed project. Maps or other graphic aids B. Noncompeting Continuation Applications federal budget amounts; Column 3, non- may be attached. A program narrative usually will not be federal budget amounts, and Column 4, total required for noncompeting continuation amounts. The budget justification should be 7. Additional Information (Include if a narrative. Applicable) applications for nonconstruction programs. Noncompeting continuation applications Personnel. Costs of employee salaries and Additional information may be provided in shall be abbreviated unless the ACF Program wages. the body of the program narrative or in the Office administering this program has issued Justification: Identify the project director or appendix. Refer to the program a notice to the grantee that a full application principal investigator, if known. For each announcement and ‘‘General Information and will be required. staff person, show name/title, time Instructions’’ for guidance on placement of An abbreviated application consists of: commitment to the project (in months), time application materials. 1. The Standard Form 424 series (SF 424, commitment to the project (as a percentage Staff and Position Data—Provide a SF 424A, SF–424B). or full-time equivalent), annual salary, grant biographical sketch for key personnel 2. The estimated or actual unobligated salary, wage rates, etc. Do not include costs appointed and a job description for each balance remaining from the previous budget of consultants or personnel costs of delegate vacant key position. Some programs require period should be identified on an accurate agencies or of specific project(s) or both for all positions. Refer to the program SF–269 as well as in Section A, Columns (c) businesses to be financed by the applicant. announcement for guidance on presenting and (d) of the SF–424A. Fringe Benefits. Costs of employee fringe this information. Generally, a biographical 3. The grant budget, broken down into the benefits unless treated as part of an approved sketch is required for original staff and new object class categories on the 424A, and if indirect cost rate. members as appointed. category ‘‘other’’ is used, the specific items Justification: Provide a breakdown of Plan for Project Continuance Beyond Grant supported must be identified. amounts and percentages that comprise Support—A plan for securing resources and 4. Required certifications. fringe benefit costs, such as health insurance, continuing project activities after Federal A full application consists of all elements FICA, retirement insurance, taxes, etc. assistance has ceased. required for an abbreviated application plus: Travel. Costs of project related travel by Business Plan—When federal grant funds 1. Program narrative information employees of the applicant organization will be used to make an equity investment, explaining significant changes to the original (does not include costs of consultant travel). provide a business plan. Refer to the program program narrative statement, a description of Justification: For each trip, show the total announcement for guidance on presenting accomplishments from the prior budget number of traveler(s), travel destination, this information. period, a projection of accomplishments duration of trip, per diem, mileage Organization Profiles—Information on throughout the entire remaining project allowances, if privately owned vehicles will applicant organizations and their cooperating period, and any other supplemental be used, and other transportation costs and partners such as organization charts, information that ACF informs the grantee is subsistence allowances. Travel costs for key financial statements, audit reports or necessary. staff to attend ACF sponsored workshops as statements from CPA/Licensed Public 2. A full budget proposal for the budget specified in this program announcement Accountant, Employer Identification period under consideration with a full cost should be detailed in the budget. Numbers, names of bond carriers, contact analysis of all budget categories. Equipment. Costs of all non-expendable, persons and telephone numbers, child care 3. A corrective action plan, if requested by tangible personal property to be acquired by licenses and other documentation of ACF, to address organizational performance the project where each article has a useful professional accreditation, information on weaknesses. life of more than one year and an acquisition Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18991 cost which equals the lesser of (a) the Indirect Charges. Total amount of indirect are funded by Federal programs either capitalization level established by the costs. This category should be used only directly or through State or local applicant organization for financial statement when the applicant currently has an indirect governments, by Federal grant, contract, loan, purposes, or (b) $5000. cost rate approved by the Department of or loan guarantee. The law does not apply to Justification: For each type of equipment Health and Human Services or another children’s services provided in private requested, provide a description of the cognizant Federal agency. residences, facilities funded solely by equipment, cost per unit, number of units, Justification: With the exception of most Medicare or Medicaid funds, and portions of total cost, and a plan for use on the project, local government agencies, an applicant facilities used for inpatient drug or alcohol as well as use or disposal of the equipment which will charge indirect costs to the grant treatment. Failure to comply with the after the project ends. must enclose a copy of the current rate provisions of the law may result in the Supplies. Costs of all tangible personal agreement if the agreement was negotiated imposition of a civil monetary penalty of up property (supplies) other than that included with a cognizant Federal agency other than to $1000 per day/or the imposition of an under the Equipment category. the Department of Health and Human administrative compliance order on the Justification: Specify general categories of Services (DHHS). If the rate agreement was responsible entity: supplies and their costs. Show computations negotiated with the Department of Health By signing and submitting this application and provide other information which and Human Services, the applicant should the applicant/grantee certifies that it will supports the amount requested. state this in the budget justification. If the Contractual. Costs of all contracts for applicant organization is in the process of comply with the requirements of the Act. The services and goods except for those which initially developing or renegotiating a rate, it applicant/grantee further agrees that it will belong under other categories such as should immediately upon notification that an require the language of this certification be equipment, supplies, construction, etc. award will be made, develop a tentative included in any subawards which contain Third-party evaluation contracts (if indirect cost rate proposal based on its most provisions for the children’s services and that applicable) and contracts with secondary recently completed fiscal year in accordance all subgrantees shall certify accordingly. recipient organizations including delegate with the principles set forth in the pertinent Certification Regarding Maintenance of agencies and specific project(s) or businesses DHHS Guide for Establishing Indirect Cost Effort to be financed by the applicant should be Rates, and submit it to the appropriate DHHS included under this category. Regional Office. Applicants awaiting In accordance with the applicable program Justification: All procurement transactions approval of their indirect cost proposals may statute(s) and regulation(s), the undersigned shall be conducted in a manner to provide, also request indirect costs. It should be noted certifies that financial assistance provided by to the maximum extent practical, open and that when an indirect cost rate is requested, the Administration for Children and free competition. If procurement those costs included in the indirect cost pool Families, for the specified activities to be competitions were held or if a sole source should not be also charged as direct costs to performed under the procurement is being proposed, attach a list the grant. Also, if the applicant is requesting lllllllllllllllllllll of proposed contractors, indicating the names a rate which is less than what is allowed Program by of the organizations, the purposes of the under this program announcement, the lllllllllllllllllllll contracts, the estimated dollar amounts, and authorized representative of your (Applicant Organization) the award selection process. Also provide organization needs to submit a signed will be in addition to, and not in substitution back-up documentation where necessary to acknowledgement that the applicant is support selection process. for, comparable activities previously carried accepting a lower rate than allowed. on without Federal assistance. Note: Whenever the applicant/grantee Program Income. The estimated amount of lllllllllllllllllllll intends to delegate part of the program to income, if any, expected to be generated from another agency, the applicant/grantee must this project. Separately show expected Signature of Authorized Certifying Official provide a detailed budget and budget program income generated from program lllllllllllllllllllll narrative for each delegate agency by agency support and income generated from other Title title, along with the required supporting mobilized funds. Do not add or subtract this lllllllllllllllllllll information referenced in these instructions. amount from the budget total. Show the Date Applicants must identify and justify any nature and source of income in the program anticipated procurement that is expected to narrative statement. Appendix B—OMB State Single Point of exceed the simplified purchase threshold Justification: Describe the nature, source Contact Listing (currently set at $100,000) and to be awarded and anticipated use of program income in the Arizona without competition. Recipients are required budget or reference pages in the program Joni Saad, Arizona State Clearinghouse, 3800 to make available to ACF pre-award review narrative statement which contain this N. Central Avenue, Fourteenth Floor, and procurement documents, such as request information. Phoenix, Arizona 85012, Telephone (602) for proposals or invitations for bids, Non-Federal Resources. Amounts of non- 280–1315, FAX: (602) 280–8144 independent cost estimates, etc. under the Federal resources that will be used to support conditions identified at 45 CFR part 74.44(e). the project as identified in Block 15 of the Arkansas Construction. Costs of construction by SF–424. Mr. Tracy L. Copeland, Manager, State applicant or contractor. Justification: The firm commitment of Clearinghouse, Office of Intergovernmental Justification: Provide detailed budget and these resources must be documented and Services, Department of Finance and narrative in accordance with instructions for submitted with the application in order to be Administration, 1515 W. 7th St., Room other object class categories. Identify which given credit in the review process. 412, Little Rock, Arkansas 72203, construction activity/costs will be Total Direct Charges, Total Indirect Telephone: (501) 682–1074, FAX: (501) contractual and which will be assumed by Charges, Total Project Costs. (Self 682–5206 the applicant. explanatory). Other. Enter the total of all other costs. California Certification Regarding Environmental Such costs, where applicable and Grants Coordinator, Office of Planning and Tobacco Smoke appropriate, may include but are not limited Research, 1400 Tenth Street, Room 121, to insurance, food, medical and dental costs Public Law 103–227, Part C— Sacramento, California 95814, Telephone (noncontractual), fees and travel paid directly Environmental Tobacco Smoke, also known (916) 323–7480, FAX (916) 323–3018 to individual consultants, space and as the Pro-Children Act of 1994 (Act), Delaware equipment rentals, printing and publication, requires that smoking not be permitted in any computer use, training costs, including portion of any indoor routinely owned or Francine Booth, State Single Point of Contact tuition and stipends, training service costs leased or contracted for by an entity and used Executive Department, Thomas Collins including wage payments to individuals and routinely or regularly for provision of health, Building, P.O. Box 1401, Dover, Delaware supportive service payments, and staff day care, education, or library services to 19903, Telephone: (302) 739–3226, FAX: development costs. children under the age of 18, if the services (302) 739–5661 18992 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

District of Columbia Missouri 12428, Austin, Texas 78711, Telephone: Charles Nichols, State Single Point of Lois Pohl, Federal Assistance Clearinghouse, (512) 463–1771, FAX: (512) 463–1888 Contact, Office of Grants Mgmt. and Dev., Office of Administration, P.O. Box 809, Utah 717 14th Street, N.W.—Suite 500, Room 760, Truman Building, Jefferson Carolyn Wright, Utah State Clearinghouse, Washington, D.C. 20005, Telephone: (202) City, Missouri 65102, Telephone: (314) Office of Planning and Budget, Room 116, 727–6554, FAX: (202) 727–1617 751–4834, FAX: (314) 751–7819 State Capitol, Salt Lake City, Utah 84114, Florida Nevada Telephone: (801) 538–1535, FAX: (801) 538–1547 Florida State Clearinghouse, Department of Department of Administration, State Community Affairs, 2740 Centerview Clearinghouse, Capitol Complex, Carson West Virginia City, Nevada 89710, Telephone: (702) 687– Drive, Tallahassee, Florida 32399–2100, Fred Cutlip, Director, Community 4065, FAX: (702) 687–3983 Telephone: (904) 922–5438, FAX: (904) Development Division, W. Virginia 487–2899 New Hampshire Development Office, Building #6, Room 553, Charleston, West Virginia 25305, Georgia Jeffrey H. Taylor, Director, New Hampshire Office of State Planning, Attn: Telephone: (304) 558–4010, FAX: (304) Tom L. Reid, III, Administrator, Georgia State Intergovernmental Review Process, Mike 558–3248 Clearinghouse, 254 Washington Street Blake, 21⁄2 Beacon Street, Concord, New Wisconsin S.W.—Room 401J, Atlanta, Georgia 30334, Hampshire 03301, Telephone: (603) 271– Martha Kerner, Section Chief, State/Federal Telephone: (404) 656–3855 or (404) 656– 2155, FAX: (603) 271–1728 3829, FAX: (404) 656–7938 Relations, Wisconsin Department of New Mexico Administration, 101 East Wilson Street— Illinois Robert Peters, State Budget Division, Room 6th Floor, P.O. Box 7868, Madison, Virginia Bova, State Single Point of Contact, 190 Bataan Memorial Building, Santa Fe, Wisconsin 53707, Telephone: (608) 266– Department of Commerce and Community New Mexico 87503, Telephone: (505) 827– 2125, FAX: (608) 267–6931 Affairs, James R. Thompson Center, 100 3640 Wyoming West Randolph, Suite 3–400, Chicago, New York Sheryl Jeffries, State Single Point of Contact, Illinois 60601, Telephone: (312) 814–6028, New York State Clearinghouse, Division of Office of the Governor, State Capital, Room FAX: (312) 814–1800 the Budget, State Capitol, Albany, New 124, Cheyenne, Wyoming 82002, Indiana York 12224, Telephone: (518) 474–1605 Telephone: (307) 777–5930, FAX: (307) Amy Brewer, State Budget Agency, 212 State North Carolina 632–3909 House, Indianapolis, Indiana 46204, Chrys Baggett, Director, N.C. State Territories Telephone: (317) 232–5619, FAX: (317) Clearinghouse, Office of the Secretary of Guam 233–3323 Admin., 116 West Jones Street, Raleigh, Mr. Giovanni T. Sgambelluri, Director, Iowa North Carolina 27603–8003, Telephone: (919) 733–7232, FAX: (919) 733–9571 Bureau of Budget and Management Steven R. McCann, Division for Community Research, Office of the Governor, P.O. Box Assistance, Iowa Department of Economic North Dakota 2950, Agana, Guam 96910, Telephone: Development, 200 East Grand Avenue, Des North Dakota Single Point of Contact, Office 011–671–472–2285, FAX: 011–671–472– Moines, Iowa 50309, Telephone: (515) of Intergovernmental Assistance, 600 East 2825 242–4719, FAX: (515) 242–4859 Boulevard Avenue, Bismarck, North Puerto Rico Dakota 58505–0170, Telephone: (701) 224– Kentucky 2094, FAX: (701) 224–2308 Norma Burgos/Jose E. Caro, Chairwoman/ Director, Puerto Rico Planning Board, Ronald W. Cook, Office of the Governor, Ohio Department of Local Government, 1024 Federal Proposals Review Office, Minillas Capitol Center Drive, Frankfort, Kentucky Larry Weaver, State Single Point of Contact, Government Center, P.O. Box 41119, San 40601–8204, Telephone: (502) 573–2382, State Clearinghouse, Office of Budget and Juan, Puerto Rico 00940–1119, Telephone: FAX: (502) 573–2512 Management, 30 East Broad Street, 34th (809) 727–4444 or (809) 723–6190, FAX: Floor, Columbus, Ohio 43266–0411 (809) 724–3270 or (809) 724–3103 Maine Please direct correspondence and North Mariana Islands Joyce Benson, State Planning Office, State questions about intergovernmental review to: House Station #38, Augusta, Maine 04333, Mr. Alvaro A. Santos, Executive Officer, State Linda Wise, Telephone: (614) 466–0698, Single Point of Contact, Office of Telephone: (207) 287–3261, FAX: (207) FAX: (614) 466–5400 287–6489 Management and Budget, Office of the Rhode Island Governor, Saipan, MP, Telephone: (670) Maryland Daniel W. Varin, Associate Director, 664–2256, FAX: (670) 664–2272 William G. Carroll, Manager, State Department of Administration/Division of Contact Person: Ms. Jacoba T. Seman, Federal Clearinghouse for Intergovernmental Planning, One Capitol Hill, 4th Floor, Programs Coordinator, Telephone: (670) Assistance, Maryland Office of Planning, Providence, Rhode Island 02908–5870, 644–2289, FAX: (670) 644–2272 301 W. Preston Street—Room 1104, Telephone: (401) 277–2656, FAX: (401) Virgin Islands Baltimore, Maryland 21201–2365, Staff 277–2083 Jose George, Director, Office of Management Contact: Linda Janey, Telephone: (410) Please direct correspondence and and Budget, #41 Norregade Emancipation 225–4490, FAX: (410) 225–4480 questions to: Garden Station, Second Floor, Saint Michigan Review Coordinator, Office of Strategic Thomas, Virgin Islands 00802 Planning Richard Pfaff, Southeast Michigan Council of Please direct all questions and Governments, 1900 Edison Plaza, 660 Plaza South Carolina correspondence about intergovernmental Drive, Detroit, Michigan 48226, Telephone: Omeagia Burgess, State Single Point of review to: (313) 961–4266, FAX: (313) 961–4869 Contact, Grant Services, Office of the Linda Clarke, Telephone: (809) 774–0750, Mississippi Governor, 1205 Pendleton Street—Room FAX: (809) 776–0069 477, Columbia, South Carolina 29201, Cathy Malette, Clearinghouse Officer, Telephone: (803) 734–0494, FAX: (803) Appendix C—The Statement of the Advisory Department of Finance and 734–0385 Committee on Services for Families With Administration, 455 North Lamar Street, Infants and Toddlers Jackson, Mississippi 39202–3087, Texas Telephone: (601) 359–6762, FAX: (601) Tom Adams, Governors Office, Director, Table of Contents 359–6764 Intergovernmental Coordination, P.O. Box Overview Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18993

Background, Vision, and Goals continuous, intensive, and comprehensive • To support parents, both mothers and Research Rationale child development and family support fathers, in their role as primary caregivers Program Principles services to low-income families with and educators of their children, and families Program Cornerstones children under age three. This initiative will in meeting personal goals and achieving self- Federal Commitment bring together under one umbrella Head sufficiency across a wide variety of domains; Conclusion Start’s existing programs for families with • To mobilize communities to provide the References infants and toddlers, the Comprehensive resources and environment necessary to Biographies of Advisory Committee Members Child Development Program and the Parent ensure a comprehensive, integrated array of and Child Centers; strengthen the Migrant services and support for families, and to Overview Head Start Program; and add new resources foster the systems change necessary to All children from birth to age three need to model high quality child development and summon forth the guiding vision of this early child development experiences that family development services for very young initiative; and honor their unique characteristics and children and their families. • To ensure the provision of high quality provide love, warmth, and positive learning To help with the design of the new responsive services to families with infants experiences; and all families need initiative, the Secretary formed the Advisory and toddlers through the development of encouragement and support from their Committee on Services for Families with highly-trained, caring and adequately community so they can achieve their own Infants and Toddlers. The Committee was compensated program staff. goals and provide a safe and nurturing charged with advising the Secretary and The Advisory Committee recognizes that environment for their very young children. Assistant Secretary for Children and Families the vision and goals outlined above have also This recognition is guiding the design of the on the development of program approaches been shaped by the lessons learned from the new Early Head Start program. for the initiative that would address the Comprehensive Child Development Program, Early Head Start marks a turning point in parenting and child development need of Parent and Child Centers, Migrant Head Start America’s commitment to our youngest low-income parents and their infants and Programs, locally designed Head Start children and their families. By focusing on toddlers. We were to pay particular attention programs, and other early child development child development, family development, to the key principles and array of models of and family support efforts serving families community building, and staff development, effective culturally and developmentally with very young children. As part of the a new era of support to very young children appropriate service delivery. To fulfill this overall consultation for the development of and their families is born, building on the commitment, we met three times during the this initiative, Federal staff conducted over experiences and lessons learned from summer of 1994 to engage in discussions 30 focus groups with parents, practitioners, existing Head Start programs. about our vision for a national approach to researchers, advocates, and representatives of Early Head Start puts resources into a high quality, responsive services for very professional organizations. Focus groups constellation of high quality supports and young children and their families. We were designed to address topical areas such services that will promote healthy child and outlined the Federal role for carrying forth as child care, family services, health care, family development, and backs them with a this vision, ensuring such programs can support and services for children with Federal commitment to training, standards flourish. disabilities and their families, community and monitoring for high quality, research and We are excited about the fruits of these mobilization, parent involvement and parent evaluation, and services coordination at the deliberative efforts and confident that the advocacy. In addition, Federal staff met with national level. It enables families and resulting initiative will advance Head Start or received materials and recommendations communities to design flexible and leadership in realizing a national vision of from a number of other experts and responsive programs but requires that, at a communities where: practitioners in the field. The suggestions, • minimum, programs provide child Children, from birth, receive support guidance, and information received through development, family support, health services through their family and their community to this process have been invaluable to both the for young children and pregnant women, and achieve optimal growth and development Advisory Committee and the Administration home visits to families with newborns. This and build a foundation of security, self- on Children, Youth and Families. would include child care services that confidence and character strength which will respond to the needs of families. When in turn enable them to build successful social Research Rationale services are provided through referral, it relationships for learning and continued Findings from more than three decades of requires that the Early Head Start program development through later childhood and research in child and family development assures the services to which families are adulthood; support the vision and goals set forth for referred are of highest quality, available and • Families receive support to meet their support to families with infants and toddlers. accessible, and that needed follow-up occurs. personal goals, and resources and guidance We know that the time from conception to And although service delivery mechanisms to prepare for their child’s birth and provide age three is a critical period of human may vary, a common characteristic will be a warm, caring, responsive environment for development, as change occurs more rapidly that each Early Head Start program will their very young child; than in any other period of the life span. establish a place which is recognized as a • Communities embrace and support all Growth in these early years establishes the source of support for very young children, families, celebrating the birth of their basic foundation for future development. For families, and caregiving staff. Programs will children and creating an environment where infants and toddlers to develop optimally, be encouraged to give this Early Head Start support and resources are mobilized to they must have health beginnings and the place visibility and identity. ensure a comprehensive, integrated array of continuity of responsive and caring With this design, the Early Head Start services are available and accessible for all relationships. Together, these supports help program will be suited to last well into the very young children and their families; and promote optimal cognitive, social, emotional, next century, always reshaping itself to • Staff receive the professional education physical, and language development. When provide high quality, responsive, and and personal support they need to provide these supports are missing, the immediate respectful services to America’s youngest high quality environments and experiences and future development of the child may be children and their families. and engage in responsive relationships that comprised. Fortunately, recent research promote the healthy development of infants, identifies characteristics of effective Background, Vision, and Goals toddlers, and their families. programs that enhance both child and family The reauthorization of the Head Start Act In keeping with this vision, the goals set development. This growing body of in 1994 made it possible to formally open a forth by the Advisory Committee for Early knowledge provides a solid base upon which new chapter of Federal support for families Head Start will be: the Early Head Start program can be founded. with infants and toddlers by establishing a • To provide safe and developmentally special initiative within the context of the enriching caregiving and environments Maternal and Infant Health Head Start program. Beginning in Fiscal Year which promote the physical, cognitive, social Maternal and infant health are essential for 1995, the Secretary of Health and Human and emotional growth of infants and toddlers ensuring normal pre- and post-natal Services will award grants to Early Head and prepare them for future growth and development of very young children. Late or Start programs which will provide early, development; inadequate prenatal care, malnutrition, stress 18994 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices and exposure to harmful substances are (Crockenberg, 1981; Egeland, Jacobvitz and become more responsive to the needs of low- associated with shortened gestation, reduced Sroufe, 1988; Sameroff and Emde, 1989; income families as a result of program birthweight, birth defects and Tronick, Winn and Morelli, 1985). The activities (Kirschner, 1970). underdeveloped brain growth (Osofsky, 1975; network of caring relationships provides an Clearly, research over the past three U.S. Department of Health and Human ever-expanding circle of support for both decades has shown that when programs focus Services, 1989; Carnegie Corporation, 1994). child and family. Factors that undermine on both child development and family These, in turn, have been associated with optimal child-caregiver relationships include development through early, high quality, higher probabilities for infant mortality, isolation, lack of support and maternal comprehensive, continuous, intensive illness, disabilities, child abuse, difficulty in depression (Crnic, Greenberg, Robinson and services, opportunities of optimal child and relationships (Glasgow and Overall, 1979) Ragozin, 1984), the latter reported to be a family development can be realized, even for and subsequent learning disorders (Drillien, high as 56% in some samples of low-income the most vulnerable families and very young Thomson and Bargoyne, 1980). During the new mothers (Hall, Gurley, Sachs and children. The challenge for the early years of life, proper nutrition, routine Kryscio, 1991). In child care settings, high Administration on Children, Youth and well-child health care, timely staff turnover, low staff wages, low quality Families and the programs which will immunizations, safe environments and programming and lack of adequate staff receive funds through this initiative is to health-promoting behaviors are necessary to training for substitute caregivers negatively translate these research findings into the support physical growth and development. affects the quality of child-caregiver design and operation of high quality Given the paramount importance of health relationships (Zigler and Lang, 1991; programs so all families with young children for very young children, a major focus of the Whitebook, Howes and Phillips, 1989). This served by Early Head Start will be able to Early Head Start program must be to ensure in turn further compromises the nature and grow and prosper. The following principles women receive the health services needed to quality of the child’s overall development. and cornerstones establish the framework for promote a healthy pregnancy and birth, and Thus, it follows that a major focus for Early this to occur. very young children receive early and Head State services should be the Program Principles ongoing well-baby care, immunizations, and development of healthy and skillful In recognition that each child is an other essential health services to support relationship building between very young individual who is supported by a family and their development. children and their parents and caregivers that that families are supported by neighborhoods encourages interactions and promotes Child-Caregiver Relationships and communities, the Advisory Committee attention and activity in infants. Hence, recommends that programs funded under the The child-caregiver relationships with the opportunities for sustained relationship- new initiative be encouraged to develop a mother, father, grandparent and other building over extended periods of times will range of strategies for supporting the growth caregivers are critical for providing infants be an explicit goal throughout the program. of the very young child within the family and and toddlers support, engagement, continuity the growth of the family within the and emotional nourishment necessary for Characteristics of Successful Programs community. Thus, each Early Head Start healthy development, and the development Serving Families With Infants and Toddlers program should be family-centered and of healthy attachments (Ainsworth, Blehar, The goal of many early child development community-based. We recommend that the Waters and Wall, 1978). Within the context programs is to enable the child, with the following principles serve as the conceptual of caregiving relationships, the infant builds support of the parents as primary caregivers foundation for Early Head Start: a sense of what is expected, what feels right and other caregivers, to establish a • High Quality: Commitment to excellence in the world, as well as skills and incentives developmental path that will prepare him or will enable the new programs to be models for social turn-taking, reciprocity and her for long-term success. Hundreds of for services to families with infants and cooperation (Emde, Biringen, Clyman and programs with a variety of specific emphases toddlers from all socioeconomic strata of Oppenheim, 1991; Isabella and Belsky, 1991). have sought to achieve this goal. From these society. High quality will be assured in the The infant’s activities are nourished and many interventions, a picture of the critical direct services provided, and in the services channeled in appropriate ways so as to ingredients for successful programs has provided through referral. To this end, each encourage a sense of initiative and self- emerged. In short, we know effective program will acknowledge and utilize the directedness. During the toddler period, the programs often are characterized by: early bodies of knowledge, skills and professional child, through repeated interactions with prenatal services to the expectant woman ethics surrounding the fields of child emotionally-available caregivers, also begins (Olds, Henderson, Tatelbaum and development, family development and to learn basic skills of self-control, emotional Chamberlin, 1986); a two-generational focus community building. In particular, programs regulation and negotiation (Kochanska, 1991; (Zuckerman and Braxelton, 1994; will recognize that the conception-to-three Kopp, 1989; Suess, Grossman and Sroufe, Administration on Children, Youth and age period is unique in both the rate of 1992). Empathy for others and prosocial Families, 1994; Ramey and Campbell, 1984; development and in the way young tendencies for caring and helping also Brooks-Gunn, Klebanov, Liaw, Spiker, 1993); children’s physical and mental growth develop during toddlerhood as well as the family-centered services that address self- reflects and absorbs experiences with emotions of pride and shame; experiencing sufficiency through the provision of social caregivers and the surroundings. Thus, high and learning about these capacities require services and parent education (Booth, quality caregiving practices will spring from responsive caregiving relationships in the Barnard, Mitchell and Speiker, 1987; Olds, the healthy awareness that the unique nature midst of life’s inevitable stresses and Henderson, Tatebaum and Chamberlin, 1986; of infant and toddler development not only challenges (Zahn-Waxler and Radke-Yarrow, Olds, Henderson, Tatebaum and Chamberlin, carries with it major opportunities for 1990). 1988); quality child development services intervention, but also leaves children A sense of pleasure, interest in exploration, that are coupled with family services (Lally, especially vulnerable to negative inputs. The early imaginative capacities, and the sharing Mangione and Honig, 1987; Brooks-Gunn, Federal government will share in the of positive emotions also begin in infancy— Klebanov, Liaw and Spiker, 1993); continuity commitment to high quality by providing all of which require repeated and consistent of service delivery for the child and family thorough and ongoing monitoring to assure caregiver relationship experiences and form that ensures the availability of support over program adherence to performance a basis for social competence that carries a number of years with smooth transitions to standards; technical assistance that addresses through toddlerhood and the preschool other service delivery systems (Campbell and each program’s individual needs and period (Emde, 1989; Dix, 1991). The Ramey, 1994); continutity of caregivers amplifies innovation and development across opportunities for play for both infant and (Howes and Hamilton, 1992); intensity of all programs; evaluation which measures caregiver, as well as the skills that develop service delivery in terms of availability, program success against meaningful from play, are often under-appreciated accessibility, and usage of services (Booth, outcomes for young children and families; aspects of healthy development (Bruner, Barnard, Mitchell and Spieker, 1987; Ramey, and research which contributes to the state 1986; Elicker, Englund and Sroufe, 1992). Bryant, Wasik, Sparling, Fendt and LaVange, of the art on child development, family Finally, the importance of promoting a 1992); and consolidation or integration of development and community building. network of healthy caregiving relationships service delivery systems. Further, research • Prevention and Promotion: Recognizing for the very young child cannot be overstated tells us that communities have been found to that windows of opportunity open and close Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18995 quickly for families and young children, disabilities and their families; families of that promote healthy family development. To programs will seek and pursue opportunities very young children with significant facilitate this transition, parents and to play a positive role in promoting the disabilities will be fully included in all caregivers should jointly develop a family physical, social, emotional, cognitive and program services. and child transition plan, identifying services language development of young children and • Culture: Children and their families will which will continue and new services and families before conception, prenatally, upon come to the new programs rooted in a culture programs which will be accessed. Caregivers birth, and during the early years. By which gives them meaning and direction. from both Early Head Start and the new supporting the promotion of their health and Programs will demonstrate an understanding service programs will share responsibility for well-being, program staff will be able to of, respect for, and responsiveness to the coordinating and implementing the plan. prevent and detect problems at their earliest home culture and home language of every • Collaboration: Recognizing that no one stages, rallying the services needed to help child, thus affirming the values of each program will be able to meet all of a child’s the child and family anticipate and overcome family’s culture and providing the context for and family’s needs, programs will initiate or problems before they interfere with healthy healthy identity development in the early become embedded in an integrated development. While early and proactive years of life. Program staff will become aware community system of service providers and promotion of healthy development and of their own core beliefs and values and be strength building organizations such as healthy behaviors will be emphasized, attuned to the role culture and language play churches and other religious institutions, programs will also need to be able to in child development, family development schools and civic groups. These efforts will understand and respond to family crises that and the surrounding community values and foster a caring, comprehensive and integrated may occur while the family is enrolled in the attitudes. Programs will pursue opportunities community-wide response to families with program. to support home culture and language, while young children, thus maximizing scarce • Positive Relationships and Continuity: also recognizing the significance of a financial resources and avoiding duplication The success of each program will rest on its common culture shared by all. In building a of agency effort. Likewise, the Federal ability to support and enhance strong, caring, more harmonious and peaceful community government will promote systems change continuous relationships which nurture the for children to grow in and for families to and the efficient use of resources through the child, parents, family, and caregiving staff. share, programs will encourage and provide active pursuit of local, State and Federal Programs will support the mother-child, opportunities for families and community partnerships which enhance the capacity of father-child bond by recognizing each parent members to engage in dialogue about culture, local programs to collaborate and combine as his or her child’s first and primary source language, cultural diversity and financial resources. of love, nurturance and guidance. Caregiving multiculturalism. Program Cornerstones will be provided to families who need it in • Comprehensiveness, Flexibility, ways that support infant and toddler Responsiveness, and Intensity: Programs will The principles outlined above establish the attachment to a limited number of skilled honor and build upon the unique strengths foundation for Early Head Start, a program and caring individuals, thus maintaining and abilities of the children, families and that meets child development, family relationships with caregivers over time and communities they serve and continually development, and health related goals while avoiding the trauma of loss experienced with adapt to meet emerging needs. striving to provide high quality, frequent turnover of key people in the child’s Developmental opportunities provided to comprehensive, and individualized support and services. In order to accomplish this, the life. These relationships will aim to each infant and toddler will address the Advisory Committee recommends that the respectfully enhance child interest, curiosity, whole child and be continually adapted to Secretary of Health and Human Services play and imagination, which, in turn, will keep pace with his or her developmental adopt these key elements as the four develop a shared sense of trust, confidence growth. And just as programs need to be cornerstones for Early Head Start: child and esteem for both caregiver and child. In responsive and attentive to the special needs development, family development, addition, programs will model strong, of very young children with disabilities, they community building, and staff development. mutually respectful relationships between also need to be responsive to parents with staff and families, among staff, and with disabilities. Family development planning Child Development other community organizations and service and service provision will be grounded in the Programs will seek to enhance and advance providers. To do so, programs will be belief that families, including those whose each child’s development by providing receptive to individual strengths, problems seem overwhelming, can identify individualized support that honors the perspectives and contributions; affirm the their own goals, strengths and needs, and are unique characteristics and pace of infant/ value of the child and family’s home culture; capable of growth and change. Once these are toddler physical, social, emotional, cognitive and support an environment where very identified, program resources of varied and language development, including early young children, parents and staff can teach intensity will be marshaled to support the education and health care. Critical to this and learn from each other. whole family in an individualized and development is the promotion of positive • Parent Involvement: As in all Head Start responsive manner. Barriers which prevent parent-child interactions and the efforts, a hallmark of the new initiative will families from accessing needed supports will enhancement of each parent’s knowledge be the creation and sustenance of an be overcome through the location, about the development of their child within environment that supports the highest level coordination, and assurance by program staff healthy, safe environments. An early step for of partnership with parents, both mothers that services are provided and received. providing this support to parents will be the and fathers. As such programs, will support Attention will also be given to ensure provision of home visits to families with parents as primary nurturers, educators, and programs meet the needs and schedules of newborns to offer early encouragement and advocates for their children; assure that each working parents. Ultimately, each parent’s support and build bridges for families to parent has an opportunity for an experience sense of empowerment and ability to identify other resources in the community. Also that supports his or her own growth and and address his or her family’s needs will be critical to the child’s development is access goals, including that of parenting; and fostered by responsive and caring to and delivery of comprehensive health and provide a policy- and decision-making role relationships with program staff. mental health services for children, including for parents. Furthermore, opportunities for • Transition: Programs will be responsible regular child health care; screening for health parent involvement will encourage for ensuring the smooth transition of children problems such as hearing, anemia, lead independence and self-sufficiency for and their families into Head Start or other poisoning, metabolic problems; parents. Special efforts will be made to preschool programs which are of high quality immunizations; nutritional assessment; welcome and support fathers as parenting and provide consistent and responsive developmental surveillance and anticipatory partners. caregiving. The Federal government must guidance. All children deserve a medical • Inclusion: Programs will seek to build support both Early Head Start and Head Start home that provides these and other communities that respect each child and programs in carrying out this responsibility. prevention and treatment services. To help adult as an individual while at the same time Transition is important for ensuring facilitate this, Early Head Start programs will reinforcing a sense of belonging to the group. continued accessibility to enriching early collaborate with a variety of organizations Programs will support participation in child development experiences and for and disciplines to ensure health supervision community life by young children with providing ongoing family support services for children and their families. 18996 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

It is particularly important that Early Head pregnancy; mental health services; services to development has been included as a key Start ensure coordination and continuity of improve health behavior such as smoking element in order to underscore its centrality services for infants and toddlers with or at cessation and substance abuse treatment; to the success of the initiative. risk of a disability, who are eligible for services to adults to support self-sufficiency, Programs will be required to select staff services through Early Head Start and Part H including adult education and basic literacy who, together, cover the spectrum of skills, of the Individuals with Disabilities Education skills, job training, assistance in obtaining knowledge and professional competencies Act. These two service systems should be income support, food, and decent, safe necessary to provide high quality, coordinated and integrated so that families housing, and emergency cash or in-kind comprehensive, culturally appropriate, and and their children experience a seamless assistance; and transportation to program family-centered services to young children system of services, as identified in their services. Programs must provide directly and families. Equally critical will be each family development plan or individualized opportunities for parent involvement in the program’s ability to recognize individuals service plan. program so that parents can be involved as capable of entering into one-to-one caregiving As programs provide child development decisionmakers, volunteers, and/or relationships with infants and toddlers services, they must ensure that infants and employees. Additional services not listed which support the positive formation of their toddlers who need child care receive high above, but identified by families through identities. Likewise, programs will need to quality part- and full-day services. Such community needs assessments and identify the capacity of potential staff child care can be provided directly or in mappings, may be provided either directly or members to develop caring, respectful and collaboration with other community through referral at local option. empowering relationships with families and providers as long as the Early Head Start Community Building other coworkers. Such individuals will program assumes responsibility for ensuring demonstrate characteristics such as high self- that all settings meet the Early Head Start The commitment of programs to high esteem, personal strength, and the capacity performance standards. quality care for very young children and their for being emotionally available. The program In general, the setting where these services families services as a catalyst for creating a directors who make these selections will, are delivered is left to local option and the community environment that shares themselves, need to possess these preferences of families as identified through responsibility for the healthy development of characteristics in addition to being highly their individual family development plan. its children. A program approach that skilled administraters who exemplify Settings can represent a range of options exemplifies openness and caring is the start leadership qualities such as integrity, including home visiting; family support of community building. Programs should warmth, intuition and holistic thinking. centers; family child care homes; child care function in communities in a way that Ongoing staff training, supervision and centers; centers where families are engaged mirrors the principles that are the foundation mentoring of both line staff and supervisors in education, training, or employment; of the program itself: parents become a vital will be an integral part of staff development. community health centers; and others. resources for each other and the community Such training, supervision, and mentoring at large; staff nurture networks of support; will reflect an interdisciplinary approach and Family Development and programs develop relationships of trust emphasis on relationship building. Staff Programs must recognize that the key to with other community institutions, training programs will ensure that staff are optimal child development and family businesses, and with community leaders. By ‘‘cross-trained’’ in the areas of child development is the empowerment of parents becoming a key actor in the life of the development, family development and in goal setting for themselves and their community, programs can serve to mobilize community building. Particular emphasis children. Therefore, families and staff will community resources and energies on behalf will be placed on building skills in the areas collaboratively design and update of children and families. of home visiting; caregiving relationships; individualized family development plans Essential to community building is which ensure that service delivery strategies ensuring a comprehensive network of effective communication with parents; family are rooted in the foundation principles and services and supports for very young literacy; healthy/safe environments and are responsive to the goals and ideals of the children and their families which are caregiving practices; early identification of families. When families are served by culturally responsive. Programs will be unhealthy behaviors or health problems; additional programs which also require an expected to establish collaborative service coordination; and the provision of individualized family service plan, such as relationships with other community services and support to diverse populations, Part H of the Individuals with Disabilities providers and strength-building including families and children with Education Act and family employability organizations such as churches and other disabilities and developmental delays. In plans, then a single coordinated plan should religious institutions, schools and civic addition, training efforts and supervision will be developed so families experience a groups. The goal of these relationships will be designed to develop each staff person’s seamless system of services. Based on the be three-fold: increased access to high quality capacity to function as a member of a well- plan, programs will ensure the provision of serves for program families; assurance that integrated, diverse and mutually supportive a full range of family services which consider the program’s approach to serving families team comprised of families and other staff. the different support and educational with infants and toddlers fits into the To this end, training and supervision will opportunities needed by new parents, existing constellation of services in the support opportunities for practice, feedback pregnant women and expectant fathers, and community so that there is a coherent, and reflection. Another strategy for training potential parents, as well as by siblings and integrated approach to supporting families is the development of multi-disciplinary extended family members who influence the with very young children; and systems teams of caregivers who can engage in team development of the family and very young change which will spark community caring teaching, sharing concerns and problems, child. and responsive service delivery for all the exploring different approaches, and learning It is particularly important that parental families with young children who live there. practical skills for working with participants health is linked to children’s health and Thus, all programs will be required to of the program and service providers from development. As such, health services for conduct an in-depth assessment of existing other relevant delivery systems. As such, parents need to be included as part of a two- community resources and needs and engage training will model and reinforce the generational model of health care. Health in an ongoing collaborative planning process foundation principles of this initiative. services must be accessible for parents with with a range of stakeholders, including And finally, staff selection, training and a special emphasis on women’s health that parents and residents of the community. supervision will be grounded in the occurs prior to, during, and after pregnancy. knowledge that high quality performance and Services which programs must provide Staff Development development occurs when they are linked to directly or through referral, and which local Programs are only as good as the rewards such as salary, compensation, and Early Head Start programs must actively individuals who staff them. This is career advancement; provided in ensure are of high quality and appropriately particularly true of programs which serve environments that spark curiosity, followed up include: child development young children, since the potential to do excitement and openness to new ideas; and information; health services, including harm during the vulnerable years of infancy grounded in best practices revealed by services for women prior to, during, and after and toddlerhood is so great. Thus, staff ongoing research, evaluation and monitoring. Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18997

Federal Commitment be provided in a continuous, holistic, support children’s development. It is also Both individual programs and the Federal responsive manner with the goal of building essential to test and refine as appropriate the government must work hand in hand to and nurturing the highest quality caregiving quality of planning, training, staff selection, realize the vision, principles, and program in all programs. supervision and program management that is concept outlined above for the Early Head In addition to the focus on training, the crucial to program success. These lessons Start program. The Advisory Committee Federal government also needs to take the learned will benefit local Early Head Start believes that a Federal commitment to lead in modeling a commitment to and programs, add new knowledge to the fields training, monitoring, research and respect for the importance of the caregiving of child and family development, and will evaluation, and partnership building which profession. Given this, the Advisory help shape future efforts at the Federal level respects and supports local program Committee urges the Secretary to implement for very young children and their families. responsibility, initiative, and flexibility is the Early Head Start program so that it In keeping with the Head Start national paramount for the programs’ success. In models appropriate competencies, laboratory role, we encourage research that addition, Federal commitment is also needed institutionalization of career ladders for staff examines variations in Early Head Start to support and learn from existing Federal working within the programs, and provision experiences on child development to learn programs serving families with infants and of staff salaries that are comparable to the more about the effectiveness of different toddlers so that they will have the importance of the job. interventions for very young children and their families. Accordingly, we encourage the opportunity to achieve excellence and meet Monitoring the standards that will be set forth for this testing of new models which might focus on initiative. With this commitment, we feel the All programs need support and guidance to linkages between this initiative and welfare initiative for families with infants and engage in continuous improvement. As reform, special coordination with Part H of toddlers will be able to serve as a national directed by the legislation, the Secretary of the Individuals with Disabilities Education laboratory both testing and exemplifying the Department of Health and Human Act, or efforts to support teen parents who quality child development and family Services must provide this support and are either in school or training. Equally development programs. guidance through ongoing monitoring of the important will be research that identifies operation of these programs, evaluating their features of intervention which optimize Training effectiveness, and providing training and relationship building, and research that Clearly the quality of programs is technical assistance tailored to the particular examines variations in caregiving contingent upon the ongoing support and needs of such programs. experiences as they influence child development of program staff who are trained The Advisory Committee reminds the development. in the various disciplines which support the Secretary that performance standards must be We also recommend that research and principles of family-centered services. As developed and issued in order to set forth the evaluation for this initiative be part of an described earlier, program staff need to be expectation of high quality services and overall research agenda for Head Start which able to facilitate both the development of environments for programs serving families places Head Start in the broader context of very young children and the development of with infants and toddlers. It is recommended research on young children, families, and families. But in too many communities, staff that there be consistency in the principles communities; ensures a commitment to who can play this dual role are few or and framework of the Early Head Start and ongoing themes; and has the flexibility to nonexistent. Head Start performance standards, with the respond to new and emerging developments The Advisory Committee urges the goal being a seamless approach to Federal in the broader early childhood and family Secretary to engage in public-private performance standards for children from development fields. partnerships aimed at establishing a cadre of birth to age five. While the goal should be a Partnership Building highly trained practitioners and trainers who seamless approach, clearly the content of the will be able to support the development of standards will vary to reflect the differences Just as local programs will be required to very young children and their families. Such in development of children during the age coordinate services in the State and an effort should extend beyond the scope of span. Once these are issued, monitoring community to ensure a comprehensive array the new initiative for families with infants should become a tool for both measuring of services, the Federal government must also and toddlers, so that children cared for in a progress toward these high quality standards build partnerships across programs, agencies variety of settings will benefit from this and for engaging in continuous improvement. and departments to facilitate effective commitment to enhancing the quality and integration and coordination of resources and quantity of caregivers. An example of such a Research and Evaluation services. partnership would be a commitment on the Evaluation of Early Head Start is essential The Advisory Committee points out that it part of the Federal government to work with for determining the effectiveness of the is especially important that the Head Start institutions of higher learning to ensure initiative and for advancing our Bureau work with the U.S. Maternal and multi-disciplinary pre-service education and understanding about which services work Child Health Bureau and the Medicaid field work experience is available for best for different families under different program to enhance the availability of and students who wish to work in family-focused circumstances. Evaluation data and access to comprehensive health services for programs serving very young children and information collected at the local level as pregnant women, and very young children their families. Another example would be part of management information systems and and their families. The Advisory Committee partnering with the foundation or ethnographic research are helpful to provide particularly recommends Federal leadership philanthropic community to develop ongoing feedback to programs and support in the development of services that are scarce scholarship programs for low-income staff in packaging and delivering a in communities, such as mental health students desiring but unable to enter the comprehensive array of services which are services that meet the needs of families with field. A further example is coordinating with responsive to and reflective of the individual infants and toddlers. It is equally important organizations of professional trainers to needs of very young children and their that linkages be made with the U.S. ensure they have the skills, resources and families. Department of Education, Office of Special supports needed to work with programs The Advisory Committee believes that the Education and Rehabilitative Services and providing early, continuous, intensive and Secretary must approach evaluation not just the Federal Interagency Coordination Council comprehensive services and support to very as a mechanism for producing summary so that there is a clear message from the young children and their families. statistics and reports about the changes in Federal government about the importance of When designing the specific training and child and family development as a result of partnership around early intervention at the technical assistance plan for Early Head these new efforts, but as a tool for individual Federal, State and community levels, Start, the Federal government must focus on programs so that they can continuously especially between this initiative and Part H the whole spectrum of support and services refine their practices based on feedback from of the Individuals with Disabilities Education that are needed for developing and advancing their own program evaluation. This feedback Act. The formation of a single Federal high quality staff, from pre-service and in- is essential to identify the particular Interagency Coordination Council to address service training to supervision and conditions and activities that enable parents services for families with infants and mentoring. These supports and services must and other caregivers to most successfully toddlers who are served by Head Start and/ 18998 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices or by Part H is recommended. Further, the and implementation design for Early Head Elicker, J., Englund, M., and Sroufe, L.A. Head Start Bureau is advised to develop Start. We call on the Secretary and the nation (1992). Predicting peer competence and partnerships with the National Institute of to move ahead rapidly with a series of steps peer relationships in childhood from Child Health and Development and the to make this vision a reality. So much is at early parent-child relationships. In R. National Institute of Mental Health so that stake for our youngest children and their Parke & B. Ladd (Eds.), Family-peer programmatic and research activities can be families. relationships: Modes of linkage. coordinated and the results benefit and Hillsdale, NJ: Erlbaum. influence the work of all institutions. References Emde, R.N. (1989). The infant’s relationship Beyond coordination and partnership Administration on Children, Youth and experience: developmental and affective building among the many programs, Families (1994). Comprehensive Child aspects. In A.J. Sameroff & R.N. Emde agencies, and departments of the Federal Development Program—A national (Eds.), Relationship disturbances in early government, the Advisory Committee advises family support demonstration. Interim childhood: A developmental approach. the Head Start Bureau to continue Report to Congress. Washington DC: U.S. New York: Basic Books. consultation with professional organizations Department of Health and Human Emde, R.N., Biringen, Z., Clyman, R.B., & from relevant child and family development Services. Oppenheim, D. (1991). The moral self of disciplines. Such consultation will help staff infancy: Affective core and procedural of the Head Start Bureau learn about Ainsworth, M.S.B., Blehar, M.C., Waters, E., & Wall, S. (1978). Patterns of attachment: knowledge. Developmental Review, 11, emerging knowledge and apply this to the 251–270. planning, implementation, and evaluation of A psychological study of the strange situation. Hillsdale, NJ: Erlbaum. Glasgow, L.A. & Overall, J.C., Jr. (1979). The this and other programs. fetus and neonatal infant: Infections. In Finally, it is equally important that the Booth, C.L., Barnard, K.E., Mitchell, S.K. & Spieker, S.J. (1987). Successful V.C. Vaughan, R., J. McKay & R.E. Head Start Bureau reevaluate its own Behrman (Eds.), Nelson textbook of regulations and procedures to support local intervention with multi-problem mothers: Effects on the mother-infant pediatrics (11th ed.) (pp. 486–496). creativity and responsiveness to the needs of Philadelphia: W.B. Saunders. very young children and their families. As a relationship. Infant Mental Health Journal, 8–3, 288–306. Hall, L.A., Gurley, D.N., Sachs, B. & Kryscio, first step, the Advisory Committee R.G. (1991). Psychosocial predictors of recommends that the Secretary explore Brooks-Gunn, J., Klebanov, P.K., Liaw, F & Spiker, D. (1993). Enhancing the maternal depressive symptoms, opportunities for Early Head Start programs parenting attitudes and child behavior in to combine these resources with other public development of low birth-weight, premature infants: Changes in cognition single parent mothers. Nursing Research, and private funding sources in order to serve 40, 214–226. more very young children and their families and behavior over the first three years. Howes, C. & Hamilton, C.E. (1992). who might benefit from Early Head Start Child Development, 64, 736–753. Children’s relationships with child care services and support. This is especially Bruner, J.S. (1986). Actual minds, possible teachers: Stability and concordance with important as many Advisory Committee worlds. Cambridge, MA: Harvard parental attachments. Child members feel that all children within a very University Press. Development, 63, 867–878. low income community should be afforded Campbell, F.A. & Ramey, C.T. (1994). Effects Isabella, R.A., & Belsky, J. (1991). access to these services. By allowing and of early intervention on intellectual and Interactional synchrony and the origins encouraging Early Head Start communities to academic achievement: A follow-up of infant-mother attachment: A partner with other funding streams, it may be study of children from low-income replication study. Child Development, possible in some communities to provide families. Child Development, 65–2, 684– 62, 373–384. access to most or all families with very young 698. children. Carnegie Corporation of New York (1994). Lally, J.R., Mangione, P.L. & Honig, A.S. Starting points: Meeting the needs of our (1987). Long-range impact of an early Funding youngest children. New York: Carnegie intervention with low-income children All of the above issues—from the Corporation. and their families. Parent education as early childhood intervention: Emerging principles to the program concept and Crnic, K.A., Greenberg, M.T., Robinson, N.M. directions in theory, research, and Federal commitments—are moot when there & Ragozin, A.S. (1984). Maternal stress practice. Norwood, NJ: Ablex Publishers. are not adequate resources to develop and and social support: Effects on the sustain high quality in each program. mother-infant relationship from birth to Kirschner Associates. (1970). A national Advisory Committee members see the role of eighteen months. American Journal of survey of the impacts of Head Start Early Head Start as a national laboratory and Orthopsychiatry, 54, 224–235. Centers on community institutions. Washington , DC: Office of Health, catalyst for change. The members point out Crockenburg, S. (1981). Infant irritability, Education and Welfare. that a Federal commitment is needed to mother responsiveness, and social ensure that resources are available in the support influences on the security of Kochanska. G. (1991). Socialization and short- and long-term to support the provision infant-mother attachment. Child temperament in the development of guilt of high quality, well-integrated services. Development, 52, 656–665. and conscience. Child Development, 62, 1379–1392. Conclusion Department of Health and Human Services (1989). Caring for our future: The content Kopp, C.B. (1989). Regulation of distress and Early Head Start represents a new era of of prenatal care. Washington, DC. negative emotions: A developmental support for America’s youngest children and view. Developmental Psychology, 25, Dix, T. (1991). The affective organization of their families. It sets forth a vision that 343–354. parenting: Adaptive and maladaptive honors the unique strengths of very young Olds, D.L. Henderson, C.R. Tatelbaum, R., & children, their families and communities, processes. Psychological Bulletin, 110, 3–25. Chamberlin, R. (1988). Improving the and the staff who work with them. It calls for life-course development of socially Drillien, C.M., Thomson, A.J. M., & Bargoyne, programs to provide family-centered and disadvantaged mothers: A randomized K. (1980). Low birth weight children at community-based services and supports that trail of nurse home visitation. American early school-age: A longitudinal study. are individualized, of highest quality, and Journal of Public Health, 78–11, 1436– Developmental Medicine and Child that promote positive health and 1444. Neurology. 22, 26–47. development. And it commands significant Olds, D.L., Henderson, C.R., Tatelbaum, R., & Egeland, B. Jacobvitz, D., & Sroufe, L.A. attention at the Federal level for training, Chamberlin, R. (1986). Improving the (1988). Breaking the cycle of abuse: technical assistance, monitoring, and delivery of prenatal care and outcomes of Relationship predictions. Child research and evaluation to ensure these pregnancy: A randomized trial of nurse Development, 59, 1080–1088. programs can flourish. home visitation. Pediatrics, 77, 16–28. The members of the Advisory Committee on Services for Families with Infants and Toddlers are proud to set forth this vision Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 18999

Osofsky, H.J. (1975). Relationships between has also served as associate dean of the and the ecology of human development. A nutrition during pregnancy and School of Nursing. For the past 30 years, she founder of the national Head Start Program, subsequent infant and child has been a scholar, researcher, and educator Dr. Bronfenbrenner is internationally development. Obstetrical and with interests in children and parenting. She renowned for his cross-cultural studies and Gynecological Survey, 30, 227–241. coordinated the risk and prevention group for is a recipient of honorary degrees both in this Ramey, C.T., Bryant, D.M., Wasik, B.H., the John D. and Catherine T. MacArthur country and abroad. His theoretical Sparling, J.J., Fendt, K.H., & LaVange, Foundation’s health network on the contributions and his ability to translate L.M. (1992). Infant Health and transition to early childhood. Her research them into rigorous operational research Development Program for low birth has focused on the interaction of children models and effective social policies spurred weight, premature infants: Program with their environment, particularly infants the creation of Head Start and furthered the elements, family participation, and child at biological and environmental risk. She is goals of Cornell’s Life Course Institute, which intelligence. Pediatrics, 89, 454–465. Past President on the Board of Zero to has been renamed in his honor. Dr. Ramey, C.T. & Campbell, F.A. (1984). Three—the National Center for Clinical Bronfenbrenner is the author, co-author, or Preventative Education for high risk Infant Programs. She is a member of the editor of 13 books and more than 300 articles, children: Cognitive consequences of the American Academy of Nursing and the most notably Two Worlds of Childhood: U.S. Carolina Abecedarian Project. American Institute of Medicine and has received many and U.S.S.R. and The Ecology of Human Journal of Mental Deficiency, 88–5, 515– awards in nursing and public health. Development. 523. Mary Jane Bevins is the Director of a Bettye Caldwell is Professor of Pediatrics Sameroff, A.J. & Emde, R.N. (Eds.) (1989). multifaceted Head Start program that in Child Development and Education at the Relationship disturbances in early includes Parent and Child Centers, center- University of Arkansas for Medical Sciences. childhood; A developmental approach. based and home-based services for three- and Known for her research of the home New York: Basic Books. four-year-olds, and a Head Start Transition environment and its relationship to growth Suess, G.J., Grossman, K.E., & Sroufe, L.A. project. In addition to her experience as a and development, she has served in many (1992). Effects of infant attachment to practitioner, she has also provided training research and practitioner positions. mother and father on quality of and technical assistance to Head Start Throughout her career, she has published adaptation in preschool: From dyadic to programs in all component areas. Ms. Bevins numerous articles and books on infant and individual organization of self. has been a member of several task forces child development and child care, and International Journal of Behavioral including the National Task Force for Parent contributed early work around the Development, 15, 43–65. and Child Centers, and the PCC Training establishment of Head Start. One of Dr. Tronick, E.Z., Winn, S., & Morelli, G.A. Advisory Council for the National Center for Caldwell’s most recent projects was ‘‘An (1985). Multiple caretaking in the Clinical Infant Programs. Ecological Study of Infant Care,’’ designed to context of human evolution: Why don’t Helen Blank is Director of Child Care and study the long term effects of infant day care. the Efe know the western prescription Development at the Children’s Defense Fund, In addition, she has been a leader in the early for child care? In M. Reite and T. Field where she led a large-scale, successful effort childhood field, serving as President of the (Eds.), The psychology of attachment to pass the first comprehensive federal child NAEYC and a member of the Governing and separation. Orlando, FL: Academic care legislation since World War II. She has Board of the Society for Research in Child Press. focused a great deal of her efforts on Development, and participating in Whitebook, M., Howes, C. & Phillips, D. strengthening both federal child care and international consulting and speaking (1989). Who cares? Child care teachers Head Start policies. In addition, she provides engagements. and the quality of care in America. technical assistance to states and policy Jane Campbell is a State Representative Oakland, CA. leaders on early childhood development serving her fifth term in the Ohio House of Zahn-Waxler, C., & Radke-Yarrow, M. (1990). issues. Prior to joining the Children’s Defense Representatives. She chairs the Oversight The development of concern for others. Fund, Ms. Blank worked at Child Welfare Committee on Abused, Neglected, and Developmental Psychology. League of America, and helped to improve Dependent Children and is a member of the Zigler, E.F. & Lang, M.E. (1991). Child care and expand participation in federal food Children and Youth Committee. She has also choices. New York: Macmillan, Inc. programs serving low-income children with been involved with a number of committees Zuckerman, B. & Brazelton, T.B., (1994). the National Child Nutrition project and the that have looked at Ohio’s school system, Strategies for a family-supportive child Community Nutrition Institute. domestic relations, and adolescent sexuality health care system. In Kagan, S.L. & Sue Bredekamp is Director of Professional and pregnancy. She has sponsored a number Weissbourd (Eds.) Putting families first: Development, National Association for the of important bills for children and their America’s family support movement and Education of Young Children. Among some families including legislation to expand the challenge of change. San Francisco, of her roles as director are managing the subsidized child care so 20,000 additional CA: Jossey-Bass, Inc. NAEYC accreditation system, directing the children can get quality care which will National Institute for Early Childhood enable their parents to work; extending Biographies of Advisory Committee Professional Development, and developing medicaid to working pregnant women; Members association position statements relevant to correcting discrimination against pregnant Susan Aronson is a practicing pediatrician defining professional standards and teenagers; and simplifying voluntary at The Children’s Hospital of Philadelphia, as practices. Dr. Bredekamp specializes in paternity procedures so unmarried fathers well as an active member of the American developmentally appropriate practices for can take responsibility for their children. Academy of Pediatrics. She also serves as the preschoolers and has authored a book on Gayle Cunningham is the Executive Director of the Pennsylvania AAP Early developmentally appropriate practices for Director of the Jefferson County Committee Childhood Education Linkage System, and children birth through age eight. She has for Economic Opportunity, the Community was the Liaison Representative of the AAP to served on numerous panels and as a Action Agency based in Birmingham, the Head Start 25th Anniversary Silver consultant on the issues of professional Alabama. She directs that agency’s Child Ribbon Panel, setting national goals for the development and accreditation. She Development Services Division, which future of Head Start. Previously, she was a developed the Early Childhood Classroom includes Head Start and Parent and Child member of the Head Start Health Task Force Observation Scale, used by NAEYC’s Center programs, and a Head Start-Public and the Central Steering Committee of the accreditation system, and served as a study School Transition Demonstration Project. AAP/APHA setting national standards for advisor to the Observational Study of Early The agency also operates a wide variety of health and safety in out-of-home settings for Childhood Programs, sponsored by the other programs for low-income families and children. She has also published numerous Department of Education. individuals. She was formerly an Assistant works on health and care of children in Urie Bronfenbrenner, the Jacob Gould Professor responsible for coordination of the group settings. Schurman Professor Emeritus of Human early childhood AA degree program at Kathryn E. Barnard is a professor of Development and Family Studies and of Delgado College in New Orleans, and a nursing and adjunct professor of psychology psychology at Cornell University, is an expert Senior Research Associate for Bank Street at the University of Washington, where she on developmental psychology, child-rearing, College responsible for the expansion of the 19000 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Child Development Associate credentialing Berkeley. She is recognized as a leading direct social services, training, community program to include infant/toddler caregivers. expert on issues of cultural diversity in child organization, and administration. She is a Sharon Darling is the Founder and development and educational progress. Dr. member of the National Association of Social President of the National Center for Family Fillmore is also known for her work on Workers and National Education Association. Literacy. In 1989, with a grant from the language acquisition. She is currently on the Linda Kills Crow is the Director of Early Kenan Trust, the National Center for Family National Advisory Committee of The Childhood Services (Head Start and the Child Literacy was created to promote family Literacies Institute, funded by the Andrew Care Development Block Grant Programs) for literacy programming nationwide. While Mellon Foundation, and the National the Osage Tribe of Oklahoma and has been State Director of Adult Education in Advisory Committee of the Linguistic the President of the National Indian Head Kentucky, she directed the development of Minorities Resource center on Educational Start Directors Association since 1990. Prior the Parent and Child Education program, Equity of the Council of Chief State School to her current position, Ms. Kills Crow was forerunner of the family literacy movement. Officers. the Director of the Native American Ms. Darling is Vice Chair of the Board of Susan Fowler is the Head of the Education Program at the University of Directors for the National Institute for Department of Special Education at the Colorado, Denver. Ms. Kills Crow was a Head Literacy, a board member of both The Barbara University of Illinois in Champaign. She is a Start/Johnson and Johnson Management Bush Foundation for Family Literacy, and the well respected researcher in the field of early Fellow in 1991 and has served on numerous National Coalition for Literacy. She has childhood special education, and has state and national boards, committees, and received numerous awards for her authored numerous articles and chapters. Dr. task forces. contributions to education, including the Fowler has served in a national leadership J. Ronald Lally is the Director of the Center prestigious Harold W. McGraw Award for role as the President of the Division for Early for Child and Family Studies of the Far West Outstanding Educator in 1993. Childhood (DEC) in the Council for Laboratory for Educational Research and Amy L. Dombo is an Infant/Toddler Exceptional Children. She is currently a Development in California. He is also the Specialist. Formerly Director of the Infant member of the National Advisory Board of Director of the Program for Infant/Toddler and Family Center at Bank Street College of the National Early Childhood Technical Caregivers. Prior to joining Far West Education, she is an expert in infant/toddler Assistance System. Dr. Fowler has both State Laboratory, Dr. Lally was a professor at programs. Ms. Dombro has extensive and Federal experience. Syracuse University, where he directed the experience training Head Start and child care Olivia Golden is the Commissioner for the Family Development Research Program. He is staff. She has also authored three books and Administration on Children, Youth and highly respected for his work in the numerous articles for parents and caregivers. Families at the Department of Health and emotional and social development of infants Currently, consulting with Families and Human Services. Prior to coming to HHS, Dr. and toddlers. Additionally, Dr. Lally has Work Institute, she is directing the evaluation Golden served as the Director of Programs expertise in developing both programs and of Dayton Hudson’s Child Care Aware/ and Policy for the Children’s Defense Fund training materials for young children and Family-to-Family Project, a national initiative in Washington, DC, where she was their caregivers. He is Founding Member and to improve the quality of family child care. responsible for policy development, serves on the Board of Directors of Zero to Anne Cohn Donnelly is the Executive advocacy, research, data analysis, and Three (National Center for Clinical Infant Director of the National Committee to writing about a variety of children and family Programs). Prevent Child Abuse. As Executive Director, issues. Prior to that, she served as Lecturer Joan Lombardi serves as a Senior Advisor she oversees a 50-state network of chapters, in Public Policy at the John F. Kennedy to the Assistant Secretary for Children and a national center on child abuse prevention School of Government, where she focused Families on child care and Head Start issues. research, and extensive training in her research on child and family policy and As an early childhood specialist, she has educational programs and advocacy efforts. public management. From 1983–1985, Dr. advocated for improved and expanded The National Committee has provided Golden served as the Budget Director for the services to very young children and their leadership for the replication of the Hawaii Executive Office of Human Services in the families through her work with a wide Healthy Start home visiting model through Commonwealth of Massachusetts. She is the variety of national, state, and community- its Health Families America initiative. Prior author of a recently published book, Poor based organizations. She is the author of to joining NCPCA, she served as a White Children and Welfare Reform (Auburn House numerous publications, including Creating a House Fellow and Special Assistant to the Press, 1992), and several papers and articles. 21st Century Head Start, the landmark report Secretary of the Department of Healthy and Her research has focused on the way services of the Head Start Advisory Committee on Human Services, handling a broad range of work for real people, including issues of Quality and Expansion. issues for the Secretary including children’s innovation, collaboration and effective Harriet Meyer is the Executive Director of health and social services. She has also service delivery for children and families. the Ounce of Prevention in Chicago, Illinois. lectured and published widely, and has Sarah Greene is the Chief Executive Officer The Ounce of Prevention supports programs designed the first national evaluation study of the National Head Start Association. Mrs. focusing on teen parents and their children of child abuse treatment programs. Greene has held a host of positions in the from 0–3, directly operates and administers Robert Emde is professor in the Head Start community including President of the Beethoven Project, and is one of two Department of Psychiatry at the University of the National Head Start Association, a Head Start grantees in Chicago as well as Colorado Health Sciences Center and classroom teacher, Education Director, Head three school based adolescent health clinics. Adjunct Professor of Psychology at the Start Director and Executive Director of The Ounce also directs Kids Pepp, the Public University of Denver. Dr. Emde is highly Manatee Opportunity Council, Inc. (a Education and Policy Analysis Division at respected for his work on infant emotional Community Action Agency). She serves as an the Ounce. Previously, Ms. Meyer was the development, and is the author or co-author ambassador for Head Start, speaking across Director of the Wells Community Initiative in of over 200 scholarly articles and chapters. the country, testifying before Congress, and which she directed the Ounce of Prevention’s Dr. Emde has held leadership positions in participating with many other national involvement in the revitalization of the Ida numerous national organizations and has organizations. B. Wells public housing complex in Chicago. served as an editor of developmental and Judith Jerald is the Director of a Evelyn K. Moore is the Executive Director clinical journals. He is the Past President of Comprehensive Child Development Program and founder of the National Black Child the Society for Research in Child (CCDP) in Vermont. She coordinates an early Development Institute, a national network of Development, Senior Scientific Advisor for childhood family support system for 40 affiliates in 23 states which work to the World Association for Infant Mental Brattleboro Town School District which improve the quality of life for African Health, and a Board Member of Zero to serves families with children prebirth American children and their families. Before Three. Additionally, Dr. Emde has been the through age eight, and includes a CCDP, Even founding the Institute, Ms. Moore worked as invited plenary speaker for many national Start, a Parent and Child Center, a Teen a Special Assistant to Wilbur Cohen, former and international conferences. Parent Infant-Toddler Center at the high Secretary of Health, Education and Welfare, Lily Wong Fillmore is a professor at the school, and transition to school programs. at the University of Michigan at Ann Arbor. School of Education, Language and Literacy Ms. Jerald has extensive experience in Ms. Moore currently serves on the Boards of Division, at the University of California, program design, providing a wide array of the National Council of Jewish Women Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 19001

Center for the Child, Child Trends, and Child Orrego serves as a member of the Board of and homes because of drug-related crime, Care Action Council. She works as a Directors of the Family Resource Coalition violence, and poverty. consultant to the Office of Education in and the D.C. Act for Children. Linda Randolph is a graduate of the addition to numerous philanthropic Carol Brunson Phillips is the Executive Howard University College of Medicine and organizations. Director of the Council for Early Childhood the School of Public Health, the University Genoveva P. Morales has been President of Professional Recognition, which administers of California at Berkeley. For seven years, Dr. the National Migrant Head Start Director’s the Child Development Associate National Randolph was National Director of Health Association for the past two years and Credentialing Program. Throughout her Services, Project Head Start. She continued presently serves as the Migrant Head Start career in early childhood education, she has her work in government by joining the New Director for the Washington State Migrant been involved in both teaching young York State Department of Health serving first Council. Ms. Morales has served the migrant children and training teachers, first as a Head as an Associate Commissioner in New York community in many roles including Special Start teacher. For 13 years she was a member City and subsequently as Deputy Services Director and Migrant Education of the Human Development Faculty at Pacific Commissioner, Office of Public Health in Chapter I Program Director. In addition to her Oaks College in Pasadena specializing in Albany. Concurrently Dr. Randolph was work with migrant and seasonal early childhood education and cultural appointed Professor of Health Policy and farmworkers, Ms. Morales has held various influences on development. Dr. Phillips is Management, Graduate School of Public positions in the academic setting serving as currently a member of the Technical Health, State University of New York at a Research Assistant at the University of Advisory Panel of the Head Start Bilingual Albany. In 1991, Dr. Randolph was Texas at San Antonio, a financial aid and Multicultural Program Services Study appointed Clinical Professor, Department of counselor at the University of Washington, and the National Head Start Training Panel Community Medicine, Mount Sinai School of and an academic counselor at Eastern of Experts. Medicine. She served on assignment from the Washington University and at the Yakima Deborah Phillips is Director of the Board medical school as Executive Director of the Valley Community College. Her personal on Children and Families on the National Carnegie Corporation Task Force on Meeting commitment to an improved transition effort Research Council’s Commission on the Needs of Young Children which released of Head Start children into public school has Behavioral and Social Sciences and its report—Starting Points—earlier this year. led her to obtain her state certification for Education and the Institute of Medicine. She Julius B. Richmond is the John D. counseling in the public school setting. is on leave as associate professor of MacArthur Professor of Health Policy, Dolores Norton is a professor in the School psychology at the University of Virginia. Dr. Emeritus at Harvard University Medical of Social Service Administration, University Phillips received her Ph.D. in developmental School. Dr. Richmond, trained in psychiatry of Chicago. She writes and teaches in the area psychology at Yale University. She was the and pediatrics, was the first person to hold of early human development within a first director of the Child Care Information the positions of Assistant Secretary for sociocultural, ecological context, and directs Services of the National Association for the Health and Surgeon General. Dr. Richmond, the ‘‘Building Partnerships for Family Education of Young Children and is a together with his colleague Dr. Bettye Support Education and Training’’ project, a member of many task forces and advisory Caldwell, designed one of the early programs collaborative education program between groups that address child and family policy for low-income preschoolers that integrated community based agencies, universities, and issues, including the research task force of health and school readiness programs, which educational training organizations. She the Secretary’s Advisory Committee on Head later became the model for Head Start, of received her M.S.S. and her Ph.D. degrees Start Quality and Expansion of the U.S. which Dr. Richmond was the first Director in from Bryn Mawr College. Dr. Norton’s major Department of Health and Human Services. 1965 and 1966. Dr. Richmond has been research is an ongoing longitudinal study of Dr. Phillips has testified frequently before awarded numerous honors, including the parent-child interaction developmental Congress on issues of child care quality. National Academy of Sciences Institute of outcomes of inner city African American Ed Pitt is Associate Director of the Medicine’s Gustav O. Lienhard award, which children form birth through age eleven, Fatherhood Project at the Families and Work recognizes ‘‘outstanding achievement in growing up in poverty stricken, dangerous Institute. The project is a national research improving personal health care services in neighborhoods. The research focuses on the and education initiative examining the future the United States.’’ children’s socio-cognitive development with of fatherhood and ways to support men’s Ann Rosewater is the Deputy Assistant an emphasis on temporal and linguistic involvement in childrearing. Mr. Pitt has Secretary for Policy and External Affairs in development and early academic been involved in many significant initiatives the Administration for Children and achievement. She was a member of the such as the White House Conference on Families, Department of Health and Human founding board of Family Focus, Inc., and Families, President’s Commission on Mental Services. As Deputy Assistant Secretary, she currently serves on boards such as Zero to Health, Secretary’s Task Panel on Teen has major management and policy-making Three: the National Center for Clinical Infant Pregnancy Prevention, and the National responsibilities. Prior to coming to ACF, she Programs and the Ounce of Prevention and Health Council. was senior associate at the Chapin Hall Education for Parenting Advisory Boards. Gloria Johnson Powell is a child Center for Children at the University of Maria Elena V. Orrego is currently psychiatrist, formerly a professor of child Chicago and senior consultant to both the consulting and providing technical assistance psychiatry at Neuropsychiatric Institute at Pew Charitable Trusts’ Children’s initiative to the Commission on Social Services, UCLA, and is currently a tenured Professor and the Annie E. Casey, Ford and Rockefeller Department of Human Services, Government at Harvard Medical School. She is best Foundation’s Urban Change initiatives. Ms. of the District of Columbia, to develop a five known for her research on the psychosocial Rosewater assisted in the creation of the US year strategic plan for the Federal Family development of minority group children. She House of Representatives Select Committee Preservation and Support Services Program. wrote the first textbook in child psychiatry on Children, Youth, and Families, and served Ms. Orrego was the former Executive Director on ethnically and racially diverse children, as its staff director and deputy staff director of The Family Place, Inc., a comprehensive The Psychosocial Development of Minority from 1983–1990. From 1979-1983, she served family support program in Washington, D.C. Group Children. Currently, she is director of as a senior legislative assistant to providing services to Latino and African- the Ambulatory Care Center at the Judge Congressman George Miller. During the American families. Ms. Orrego was Baker Children’s Center in Boston and has 1970s, she was national education staff for responsible for the planning, management, developed a home-based services program for the Children’s Defense Fund and assistant to and evaluation of programs in two family inner-city children and families in Boston the vice president of the National Urban support centers. Ms. Orrego has 10 years of called ‘‘Partnerships in Prevention: Building Coalition. Ms. Rosewater was the first non- experience as a direct social services Rainbows’’ which uses a mobile service elected official to receive the Leadership in provider in inner city communities, and center to bring primary mental health care Human Services Award of the American twelve years of experience in development, services ‘‘to the doorsteps’’ of children and Public Welfare Association, received the implementation, and evaluation of families in need. This program has provided President’s Certificate for Outstanding community based programs for children and services to twelve housing projects and six Service from the American Academy of families. In addition to her work with Head Start programs whose children and Pediatrics and is the author of numerous families in inner city communities, Ms. families are trapped in their communities publications on child policy. 19002 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

Shirley Senegal is a Head Start parent at of Young Children and a member of the —Monterey County, Cities of Marina and the Opelousas Head Start Academy in National Commission on Children. She is a Salinas (Children’s Services International, Louisiana. She is the president of the Parent lecturer at the School of Social Service Salinas) Policy Council and member and Chaplain of Administration, University of Chicago. —Cities of Placerville (western slope of El the Louisiana Head Start Association. Ms. Edward Zigler is the Sterling Professor of Dorado County), S. Lake Tahoe, Lake Senegal is a NHSA Board Member and Psychology, head of the psychology sections Tahoe Basin (El Dorado County President of the Louisiana Head Start Parent of the Child Study Center and the Bush Superintendent of Schools, Placerville) Affiliate Group. Ms. Senegal is an active Center in Child Development and Social —City of Fresno (Fresno County EOC, participant in both the Louisiana Head Start Policy at Yale University. He is the author Fresno) Association as well as the Region VI Head and co-author or editor of numerous —Cities of McKinleyville, Arcata, Eureka, Start Association. scholarly publications and has conducted Fortuna, Rio Dell (North Coast Children’s Lisbeth B. Schorr is Lecturer in Social extensive investigations on topics related to Services, Arcata) Medicine at Harvard University, a member of normal child development, as well as —Cities of N. San Juan, Kings Beach, the Harvard University Working Group on psychotherapy, mental retardation, Foresthill, Lincoln (Placer Community Early Life, and Director of the Harvard intervention programs for economically Action Council, Inc., Auburn) University Project of Effective Services. Ms. disadvantaged children, and the effects of —Cities of Daly City, South San Francisco, Schorr’s 1988 book, Within Our Reach: out-of-home care on the children of working Half Moon Bay, San Mateo, Redwood City, Breaking the Cycle of Disadvantage, analyzed social programs that have succeeded in parents. Dr. Zigler served as the Chief of the E. Palo Alto and E. Menlo Park (The improving the life prospects of disadvantaged U.S. Children’s Bureau and first Director of Institute of Human and Social children. Ms. Schorr is currently pursuing the Office of Child Development, now the Development, South San Francisco) the implications of her findings for the large- Administration on Children, Youth and —San Juan Unified School District, scale implementation of effective programs. Families. He was one of the original planners Sacramento City Unified School District, Previously, Ms. Schorr helped establish the of Project Head Start. and North Sacramento (Sacramento Employment and Training Agency, health division of the Children’s Defense Appendix D—Category One—New Early Sacramento) Fund and directed the health activities of the Head Start Awards: List of Geographic —Cities of Santa Monica, Venice, Mar Vista, O.E.O.’s Community Action Program. Areas Not Open for Competition Under Culver City, North Inglewood and West of Helen H. Taylor is the Associate Category One Commissioner of the Head Start Bureau at the Fairfax Avenue (West Los Angeles) (Venice Department of Health and Human Services. Under Category one, applicants may apply Family Clinic, Venice) Prior to coming to HHS, Ms. Taylor was for Early Start funds to serve communities —Cities of Berkeley, Albany, Emeryville Executive Director of the National Child Day throughout the country, except for those —City of Los Angeles Care Association, Inc., which operated 16 listed below. The areas listed below are —City of San Diego preschool and 5 before and after school either already served by an existing Early —City of Oakland centers in Washington, DC. Ms. Taylor is a Head Start program or are separate —Counties of Shasta, Siskiyou and Trinity former member of the Governing Board of the competitive areas with current Parent and Colorado National Association for the Education of Child Center programs. (In communities with Young Children and was Chairperson of the an Early Head Start project, the grantee’s —Sunnyside, Jefferson Park, Upper Mayor’s Advisory Committee on Early name is shown in parenthesis.) Highland, Lower Highland areas of Childhood Education. Ms. Taylor has 27 (Under Category Two, applicants may Northwest Denver (Friends of Maria years of experience in designing and apply to serve the communities currently Mitchell [dba Family Star], Denver) administering large, comprehensive child served by Parent and Child Centers. In —Freemont County (Upper Arkansas Area development projects, including Head Start, addition to being included in the list below, Council of Governments, Canon City) Model Cities, and locally funded child care these communities are also listed in —Central and Southeast Colorado Springs programs. Appendix E.) (Community Partnership for Child Sally Vogler has served on the staff of Development, Colorado Springs) Alabama Colorado Governor Roy Romer since 1988. In —City and County of Denver (Clayton-Mile this capacity, she advises the Governor on —Jefferson County High Family Futures, Denver) policy and programs related to early Alaska —Counties of Bent, Crowley, Otero, and childhood and directs First Impressions, the Prowers Governor’s early childhood initiative. Over —The Yukon-Kuskokwim Delta Area in the past eight years, First Impressions has Southwest Alaska (Rural Alaska Connecticut successfully put in place a number of key Community Action Program, Inc., —Windham County educational and community supports that Anchorage) promote the healthy development of young —City of Fairbanks (Fairbanks Native Delaware children and their families. These include Association, Fairbanks) —Sussex County the establishment of a statewide child care Arizona resource and referral system; the creation of District of Columbia family development centers and expansion of —El Mirage, Peoria, Williams Air Force Base, —Wards 1 and 2 of Washington, DC (Edward family literacy programs in the state through Mesa (Maricopa County Board of C. Mazique Parent Child Center, Inc., the ‘‘Read To Me, Colorado’’ program. Supervisors, Phoenix) Washington, D.C.) Bernice Weissbourd is Founder and —Enterprise Zone of Phoenix (Southwest —Wards 1, 2, and 4 of Washington, DC President of Family Focus, an agency Human Development, Phoenix) (Rosemont Child Development Center, providing comprehensive family support —City of Tucson Washington, D.C.) services in four diverse Chicago —Wards 1, 2, and 5 of Washington, DC communities. She is also Founder and Arkansas (United Planning Organization, Office of President of the Family Resource Coalition, —Counties of Conway, Yell and Johnson Preschool and Day Care, Washington, D.C.) the national organization representing the (Child Development, Inc., Russellville) family support movement. Ms. Weissbourd is Florida California a contributing editor to Parents magazine, —Leon and Gadsden Counties (Florida State and has authored books and articles on —Cities of Chico and Oroville (Butte County University, Tallahassee) family support programs and policies, and on Office of Education, Oroville) —Tampa and Plant City (Hillsborough child development issues. Ms. Weissbourd —Cities of Haywood, San Leandro, San County Board of Commissioners, Tampa) was President of the American Lorenzo, Castro Valley, Union City, —North Central Dade County and City of Orthopsychiatric Association, Vice-President Fremont, Newark (Child, Family and Miami (Dade County Board of of the National Association for the Education Community Services, Fremont) Commissioners, Miami) Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 19003

—Highlands, Hardee and Henry Counties —Kansas City, Kansas and Wyandotte Minnesota (Redlands Christian Migrant Association, County (University of Kansas Medical —American Indian population of North and Immokalee) Center, Kansas City) Northeast Minneapolis and Phillips —Alachua County (School Board of Alachua —Saline County (Unified School District community of So. Minneapolis (Upper County, Gainesville) # 305, Salina) Midwest American Indian Center, —Belle Glade, West Palm Beach, Rural South Minneapolis) Eastern Florida (East Coast Migrant, Kentucky —Midway Section of St. Paul (Model Cities Arlington, VA) —Christian and Daviess Counties (Audubon Family Development Center, St. Paul) —Broward County Area Community Services, Owensboro) —Hennepin County —Duval County —Harlan County (Kentucky Communities Georgia Economic Opportunity Council, Mississippi Barbourville) —Laurel and Jones County (Friends of —Fulton County (Clark Atlanta University, —Grayson and Breckinridge Counties Atlanta) Children of Mississippi, Jackson) (Breckinridge-Grayson Programs, —Jackson County —Counties of Dekalb, Scottsdale and Decatur Leitchfield) (Save the Children Federation, Atlanta) —Leflore County —Fulton, Graves, Calloway, Marshall, and —Chattooga County (Berry College, Warren Counties (Murray Board of Missouri Summerville) —Counties of Murray and Whitfield Education, Murray) —City of St. Louis (Human Development —Whitley County (Whitley County Corporation of St. Louis, St. Louis) Hawaii Communities for Children, Williamsburg) —Jackson County (KCMC Child Development —Loolauloa Area, Island of Oahu (State of —Jefferson County Corporation, Kansas City) Hawaii, Dept. of Health, Honolulu) Louisiana —Kalihi-Palma, Honolulu (Parents and Montana Children Together, Honolulu) —City of New Orleans —Yellowstone County —Jefferson Parish —Blackfeet Indian Reservation Idaho Maine —Nez Perce, Lapwai (Nez Perce Tribe, Nebraska Lapwai) —Oxford County (Community Concepts, Inc., —Counties of Columbus and Platte (Central —Nez Perce County, Idaho and Asotin South Paris) Nebraska Community Services, Loup City) County, Washington —Franklin County (Western Maine —Cities of Scotts Bluff and Gering Community Action, East Wilton) Illinois (Panhandle Community Services, Gering) Maryland —City of Omaha (The Salvation Army, —Garfield School area in the City of Chicago Western Division, Omaha) (City of Chicago, Chicago) —Cities of Rockville, Langley Park, Takoma —Douglas County —Robert Taylor Homes area in the City of Park and Hyattsville (University of Chicago (Ounce of Prevention, Chicago) Maryland University, Head Start Resource Nevada —Counties of Wabash, Edwards, Wayne, and Training Center, College Park) —Counties of Clark, Elko and White Pine White, Hamilton, Saline, and Gallatin —Hightown in Baltimore City and Caroline (Wabash Area Development, Inc., Enfield) County (Friends of the Family, Inc., New Hampshire —Springfield and Sangamon Counties Baltimore) —Counties of Belknap, Strafford, Laconia (Springfield Urban League, Inc., —Cities of Gaithersburg and Germantown and Rochester (Community Action Springfield) (Family Services Agency, Inc., Program Belknap-Merrimack, Inc., —Proviso, Cicero and Berwyn Townships in Gaithersburg) Concord) Cook County (Community and Economic —City of Baltimore Development Association, Chicago) New Jersey —North Lawndale Community in City of Massachusetts —Communities of Rosedale, Duddlye, Chicago (Better Boys Foundation, Chicago) —City of Lowell (Community Teamwork, Stockton and City of Marlton (Group —Madison County (Family Service and Inc., Lowell) Homes of Camden County, Camden) Visiting Nurse Association, Alton) —City of Boston —Communities of Montclair, Glen Ridge, and —Peoria County (Peoria Citizens Committee South Essex (East Orange Child for Economic Opportunity, Peoria) Michigan Development Corporation, East Orange) —City of Chicago —Jackson County (Region II CAA, Jackson) —West Ward and Central Ward of Newark Indiana —Genesee County (Carmen-Aimesworth (Babyland Nursery, Inc., Newark) Community Schools, Flint) —Vigo County (Hamilton Center, Terre —Sussex and Warren Counties (Northwest —East and West City of Detroit (City of Haute) New Jersey Community Action Program, Detroit Neighborhood Services —Clay, Owen, and Putnam Counties (Child— Phillipsburg) Department, Detroit) Adult Resource Service, Inc., Rockville) —Upper Passaic County —Grand Haven Area of Ottawa County (Child —Madison County (Hopewell Center, Inc., New Mexico Anderson) Development Service of Ottawa County, —Clark County Inc., Holland) —County of Bernalillo —Menominee, Delta, and Schoolcraft Iowa Counties (Menominee, Delta, and New York —Counties of Hardin, Marshall, Poweshiek, Schoolcraft Action Agency, Escanaba) —The School district of Saratoga County Tama and Story (Mid-Iowa Community —Clare, Gladwin and Mecosta Counties (Ballston Spa Central School District, Action, Marshalltown) (Mid-Michigan Community Action Agency, Ballston Spa) —Clay County and Cities of Spencer, Royal, Clare) —Allegany County (ACCORD, Belmont) Langdon, Dickens, Fostoria, Everly and —Grand Traverse, Artrim, Benzie, Emmet, —Chautauqua County (Chautauqua Moneta (Upper Des Moines Opportunity, Kaldaska, Leelanau, Missaukee, Opportunities, Inc., Dunkir) Inc., Graettinger) Roscommon and Wexford Counties —South and west quadrants of Syracuse —City of Des Moines (Drake University, Des (Northwest Michigan Human Services, (P.E.A.C.E., Inc., Syracuse) Moines) Traverse) —City of Utica (Utica Head Start Children —Counties of Gratiot, Ionia, Isabella, and and Families, Utica) Kansas Montcalm —Lower Eastside Manhattan. This area —Counties of Wichita and Sedgwick (Child —-Indian Reservations of: Bay Mills, covers three Census tracks bounded on the Care Association of Wichita-Sedgwick, Hannahville, Keweenaw Bay, Isabella, and east by the East River, on the west by Allen Wichita) Lac Viewux Desert Street, on the north by Houston Street and 19004 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices

on the south by Delancey Street (Grand —Terrace Village Public Housing, McKees Utah Street Settlement, New York) Rocks, Stowe township, Clairton, Camden —Box Elder and Cache Counties in Utah; —Kingsbridge Heights, Marble Hill, Fordham Hills (University of Pittsburgh, Pittsburgh) Franklin County in Idaho (Bear River Head and Tremont (Kingsbridge Heights —William Penn High School District in Start, Logan) Community Center, Bronx) Philadelphia (Allegheny University of the —Davis County —Washington Heights and Inwood in Health Sciences, Division of Community Manhattan (Children’s Aid Society, New Health, Philadelphia) Vermont York) —North-Eastern Philadelphia (The —Lamoille, Orange, Washington Counties —Village of New Square (New Square Philadelphia Parent Child Center, Inc., (Central Vermont Community Action Community Improvement Council, Spring Philadelphia) Council, Inc., Barre) Valley) —Counties of Lackawanna, Pike, —Windham County (Brattleboro Town —Mott Haven Section in the Bronx Susquehanna, and Wayne School District Early Education Services, (University Settlement Society of New —Counties of Mifflin, Snyder, and Union Brattleboro) York, New York) Puerto Rico —Communities of Newport, Irasburg/Albany, —Fort Green Park Community of Brooklyn Barton, Island Pond, Gilman, St. (Project Teen Aid/Project Chance, —Cano Vanas, Rio Grande (Aspira, Inc. of Johnsbury, Hartwick, Lyndonville and Brooklyn) Puerto Rico, Rio Piedras) Burke (North East Kingdom Community —Dutches County (Astor Home for Children, —Vega Alta, San Juan, Puerto Rico (New Action, Inc., Newport) Rhinebeck) York Foundling Hospital, New York) —Teen Aid High School in China Town, and —Municipality of Carolina Virginia Bellveue Hospital in Lower Manhattan Rhode Island —Cities of Bristol, Abingdon, Glade Spring, (The Educational Alliance, New York) Meadowview, Lebanon, Clintwood and —Far Rockaway in New York City (Visiting —Kent County (CHILD Inc., Warwick) Grundy (People, Inc., Abingdon) Nurse Service of New York, New York) —City of Cranston and Providence County —Route 1 corridor in Fairfax County, —City of Buffalo (Comprehensive Community Action, Virginia (United Cerebral Palsy of —Bronx County Cranston) Washington DC and Northern Virginia, —Newport County Washington, DC) North Carolina South Carolina —Fairfax County, Cities of Fairfax and Falls —Emma, Johnston, Woodfin districts in Church Duncombe County (Asheville City Schools, —Sumter County (Sumter School District 17, Asheville) Sumter) Washington —Craven County —Greenville County (Sunbelt Human —Communities of Kent, Auburn, Renton —Macon County Advancement Resources, Inc., Greenville) (Children’s Home Society of Washington, —McDowell County South Dakota Auburn) —Rowan County —Port Gamble Reservation; Kitsap County —-Wayne County —Counties of Minnehaha, Lake, Moody, (Port Gamble S’Klallam Tribe, Kingston) Codington, Hamlin and Brookings (Inter —Spokane County and City of Spokane North Dakota Lakes Community Action, Madison) (Washington State Community College —Spirit Lake Reservation (Little Hoop —Rapid City, Ellsworth AFB, and counties of District 17, Spokane) Community College, Fort Totten) Box Elder, Black Hawk, Pennington and —Yakima County (Washington State Migrant —Standing Rock Sioux Reservation (Standing Meade (Youth and Family Services, Rapid Council, Grandview) Rock Sioux Tribe, Fort Yates) City) —City of Seattle —Ward County —Crow Creek Sioux Reservation and parts of Pennington County West Virginia Ohio —Oglala Sioux Reservation —Communities of Wadestown and Sabraton —Clermont County (Child Focus of Clermont Tennessee (Monongolia County Board of Education, County, Cincinnati) Morgantown) —Hamilton County (Cincinnati/Hamilton —Hamilton County (City of Chattanooga —Counties of Cabell, Lincoln, Mason, and County CAA, Cincinnati) Human Resources Dept., Chattanooga) Wayne —Glenville, Hough, and St. Clair Areas of —Henry, Gibson, Obion, Weakley Counties Cuhahoga County (Council for Economic (Tennessee State University, Nashville) Wisconsin Opportunity in Greater Cleveland, —Union City; Counties of Fayette, —Counties of Adams, Columbia, Dodge, Cleveland) Lauderdale, Tippon, Carroll and Jackson- Juneau, and Sauk (Renewal Unlimited, —Miami and Darke Counties (Council on Madison (Northwest Tennessee Economic Baraboo) Rural Services Programs, Inc., Greenville) Development) —Counties of Barron, Chippewa, Dunn, —Lorain County —Counties of Giles, Bedford and Lawrence Pepin, Pierce, Polk, and St. Croix) (CESA # Texas 11, Turtle Lake) Oklahoma —I–94 to Capitol Drive; 10th Street to —-Cherokee Nation Reservation (Cherokee —Alice, Jim Wells County, and Kingsville Sherman Blvd. in the City of Milwaukee; Nation, Tatequah) and Fulfurias in Kleberg Counties (CAC of and Milwaukee County (Next Door —Creek County South Texas, Alice) Foundation, Milwaukee) —City of Austin (Child Inc., Austin) Oregon —North-East Dallas (Head Start of Greater Wyoming —Jackson County and Illinois Valley area of Dallas, Inc., Dallas) —Counties of Converse, Goshen, Natrona, Josephine County (Southern Oregon Child —City of San Antonio and Bexar County Niobrara, Platte and Family Council, Inc., Central Point) (City of San Antonio Parent and Child, —City of Portland Inc., San Antonio) Appendix E—Category Two—New Awards —Umatilla County —West Side of San Antonio (Avance, Inc., to Communities Served by PCCS: List of San Antonio) Geographic Areas Open to Competition Pennsylvania —San Marcos and Kyle in Hays County (C.A. Under Category Two —City of Allentown (Community Services for Inc. of Hays, Caldwell and Blanco Under Category Two, applicants from Children, Inc., Bethlehem) Counties, San Marcos) communities served by current Parent and —Cities of Aliquippa and Beaver Falls (Civic —Hildalgo County (Texas Migrant Council, Child Center programs may apply to operate Senior Citizens, Inc., Aliquippa) Laredo) an Early Head Start program within their —Westmoreland County (Seton Hill Child —Cherokee County community. Applicants from each Services, Greensburg) —City of Houston community will compete for funds against Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Notices 19005 other applicants from the same community. Maryland Oklahoma The competitive areas are listed below. 20. Competitive Area: City of Baltimore 42. Competitive Area: Creek County Alabama (excluding the Hightown area) Oregon 1. Competitive Area: Jefferson County Massachusetts 43. Competitive Area: City of Portland Arizona 21. Competitive Area: City of Boston 44. Competitive Area: Umatilla County 2. Competitive Area: City of Tucson Michigan Pennsylvania 22. Competitive Area: Counties of Gratiot, California 45. Competitive Area: Counties of Ionia, Isabella, and Montcalm 3. Competitive Area: Cities of Berkeley, 23. Competitive Area: Indian Reservations of: Lackawanna, Pike, Susquehanna, and Albany, Emeryville Bay Mills, Hannahville, Keweenaw Bay, Wayne 4. Competitive Area: City of Los Angeles Isabella, and Lac Viewux Desert 46. Competitive Area: Counties of Mifflin, (excluding the Cities of Santa Monica, Snyder, and Union Venice, Mar Vista, Culver City, North Minnesota Puerto Rico Inglewood and west of Fairfax Avenue 24. Competitive Area: Hennepin Count (west LA)) (excluding the Midway Section) 47. Competitive Area: Municipality of 5. Competitive Area: City of San Diego Carolina 6. Competitive Area: City of Oakland Mississippi 7. Competitive Area: Counties of Shasta, 25. Competitive Area: Jackson County Rhode Island Siskiyou and Trinity 26. Competitive Area: Leflore County 48. Competitive Area: Newport County Colorado Montana South Dakota 8. Competitive Area: Counties of Bent, 27. Competitive Area: Yellowstone County 49. Competitive Area: Crow Creek Sioux Crowley, Otero, and Prowers 28. Competitive Area: Blackfeet Indian Reservation and parts of Pennington Reservation Connecticut County 9. Competitive Area: Windham County Nebraska 50. Competitive Area: Oglala Sioux 29. Competitive Area: Douglas County Reservation Delaware 10. Competitive Area: Sussex County Nevada Tennessee 30. Competitive Area: Counties of Clark, Elko 51. Competitive Area: Counties of Giles, Florida and White Pine Bedford and Lawrence 11. Competitive Area: Broward County 12. Competitive Area: Duval County New Jersey Texas 31. Competitive Area: Upper Passaic County Georgia 52. Competitive Area: Cherokee County 53. Competitive Area: City of Houston 13. Competitive Area: Counties of Murray New Mexico and Whitfield 32. Competitive Area: County of Bernalillo Utah Idaho New York 54. Competitive Area: Davis County 14. Competitive Area: Nez Perce County, 33. Competitive Area: City of Buffalo Virginia Idaho and Asotin County, Washington 34. Competitive Area: Bronx County (excluding the areas of Kingsbridge 55. Competitive Area: Fairfax County, Cities Illinois Heights, Marble Hill, Fordham and of Fairfax and Falls Church 15. Competitive Area: City of Chicago Tremont) Washington (excluding the Garfield School area, the Robert Taylor Homes area, and the North North Carolina 56. Competitive Area: City of Seattle Lawndale Community) 35. Competitive Area: Craven County West Virginia 36. Competitive Area: Macon County Indiana 37. Competitive Area: McDowell County 57. Competitive Area: Counties of Cabell, 16. Competitive Area: Clark County 38. Competitive Area: Rowan County Lincoln, Mason, and Wayne 39. Competitive Area: Wayne County Kentucky Wyoming 17. Competitive Area: Jefferson County North Dakota 58. Competitive Area: Counties of Converse, 40. Competitive Area: Ward County Goshen, Natrona, Niobrara, Platte Louisiana 18. Competitive Area: City of New Orleans Ohio [FR Doc. 97–9910 Filed 4–16–97; 8:45 am] 19. Competitive Area: Jefferson Parish 41. Competitive Area: Lorain County BILLING CODE 4184±01±P federal register April 17,1997 Thursday Aviation Insurance;ProposedRule 14 CFRPart198 Federal AviationAdministration Transportation Department of Part V 19007 19008 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

DEPARTMENT OF TRANSPORTATION the environmental, energy, federalism, Background or economic impact that might result In 1951, the Congress amended the Federal Aviation Administration from adopting the proposals in this Civil Aeronautics Act of 1938 by adding notice are also invited. Substantive 14 CFR Part 198 a new Title XIII which authorized the comments should be accompanied by Secretary of Commerce, with the [Docket No. 28893; Notice No. 97±5] cost estimates. Comments should approval of the President, to provide identify the regulatory docket or notice RIN 2120±AF23 aviation war risk insurance adequate to number and should be submitted in meet the needs of U.S. air commerce Aviation Insurance triplicate to the Rules Docket address and the Federal Government. This specified above. insurance could only be issued when AGENCY: Federal Aviation All comments received on or before the Secretary of Commerce found that Administration (FAA), DOT. the closing date for comments specified war risk insurance was commercially ACTION: Notice of proposed rulemaking will be considered by the Administrator unavailable on reasonable terms and (NPRM). before taking action on this proposed conditions. rulemaking. The proposals contained in SUMMARY: The FAA is proposing to The war risk insurance program was this notice may be changed in light of revise Title 14 Code of Federal established to provide the insurance comments received. Regulations (CFR) part 198 to provide necessary to enable air commerce to for the issuance of insurance for certain All comments received will be continue to the event of war. This was types of flight operations and for the available, both before and after the needed because of several factors: issuance of insurance for certain ground closing date for comments, in the Rules commercial war risk insurance policies support activities essential to flights Docket for examination by interested contained automatic cancellation insured under the Aviation Insurance persons. A report summarizing each clauses in the event of major war; the Program. Also, the amendments would FAA-public contact, concerned with the geographical coverage of commercial redefine the activation of insurance substance of this rulemaking, will be war risk insurance could be restricted coverage, revise the process for filed in the docket. Commenters wishing upon reasonable notice to air carriers; amending insurance policies, increase the FAA to acknowledge receipt of their and rates for commercial war risk the binders for non-premium insurance comments submitted in response to this insurance could be raised without limit coverage, and reflect new statutory notice must include a preaddressed, upon reasonable notice to air carriers. authority. the proposed amendments stamped postcard on which the The Aviation Insurance Program was would allow the FAA to be more following statement is made: incorporated in Title XIII of the Federal responsive to the aviation industry ‘‘Comments to Docket No. 28893.’’ The Aviation Act of 1958. Statutory when commercial insurance coverage postcard will be date and time stamped responsibility for the program was cannot be obtained on reasonable terms, and mailed to the commenter. subsequently transferred to the Department of Transportation at the and the insurance coverage can be Availability of NPRM provided by the Aviation Insurance time of its creation in 1967. The Program. An electronic copy of this document Secretary of Transportation later delegated this authority to the Federal DATES: Comments must be received on may be downloaded using a modem and Aviation Administrator (39 CFR or before June 2, 1997. suitable communications software from the FAA regulations section (telephone: 1.47(b)). ADDRESSES: Comments on the proposed The definition of war risk in Title XIII rule should be mailed or delivered in 703–321–3339), the Federal Register’s electronic bulletin board service was that traditionally employed by triplicate to: Federal Aviation commercial underwriters and, as a Administration, Office of the Chief (telephone: 202–512–1661), or the FAA’s Aviation Rulemaking Advisory matter of policy, the FAA had always Counsel, Attn: Rules Docket (AGC–200), conservatively interpreted the Docket No. 28893, 800 Independence Committee Bulletin board service (telephone: 202–267–5948). definition. In the early 1970’s, this Avenue, SW., Washington, DC 20591. definition led to uncertainty about the Internet users may reach the FAA’s Comments may also be sent extent of the Administrator’s statutory web page atlhttp://www.faa.gov or the electronically to the following Internet authority to provide insurance against Federal Register’s webpage at http:// address: [email protected]. loss or damage arising from, for www.access.gpo.gov/suldocs for Comments may be examined in the example, undeclared wars, hijackings, access to recently published rulemaking Rules Docket, Room 915G, weekdays and terrorist acts. Because of a documents. between 8:30 a.m. and 5:00 p.m., except combination of the progressive on Federal holidays. Any person may obtain a copy of this exclusion of these new risk from FOR FURTHER INFORMATION CONTACT: NPRM by submitting a request to the commercial all risk policies, and the Eleanor Eilenberg, Office of Aviation Federal Aviation Administration, Office failure of the traditional definition of Policy and Plans, APO–330, Federal of Rulemaking, ARM–1, 800 war risk to cover these risks, a potential Aviation Administration, 800 Independence Avenue, SW., gap in insurance coverage occurred with Independence Avenue, SW., Washington, DC 20591, or by calling the possibility of abrupt termination of Washington, DC 20591, telephone (202) (202) 267–9680. Communications must important air services in emergency 267–3090. identify the notice number of this situations. NPRM. SUPPLEMENTARY INFORMATION: In recognition of the fact that the Person interested in being placed on Administrator needed broad insurance Comments Invited the mailing list for future NPRM’s authority in extraordinary Interested persons are invited to should request, from the above office, a circumstances to insure air services participate in the making of the copy of Advisory Circular No. 11–2A, determined to be in the national proposed rule by submitting such Notice of Proposed Rulemaking interest, Congress amended Title XIII on written data, views, or arguments as Distribution System, which describes November 9, 1977. These amendments, they may desire. Comments relating to the application procedures. included in Public Law (Pub. L.) 95– Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 19009

163, removed from Title XIII all for coverage of CRAF domestic flight registered aircraft of that carrier. Actual references to risk categories. They segments (e.g., usually ferry flights to a coverage for operations of these aircraft authorized the Administrator to provide military base to pick up troops and commences upon formal activation insurance against loss or damage due to supplies destined for the theater of notice from the FAA which will detail any risk arising from operations of operations). In addition, flights the conditions and limits of the aircraft in foreign air commerce or transporting armed forces and military activated policy. between two points outside the United materiel on behalf of and pursuant to an • Premium Insurance is provided for States deemed by the President to be in agreement between the U.S. government American aircraft or foreign-flag aircraft the foreign policy interests of the United and a foreign government, but not for regular commercial scheduled or States. However, such insurance could operated under a U.S. government charter service. The U.S. Government only be issued if commercial insurance contract, could not be covered by non- assumes the financial liability for claims for those operations was not available premium insurance. Title IV of the in exchange for a premium. The on reasonable terms and conditions. The Airport and Airway Safety, Capacity, Presidential approval required for January 15, 1986, amendment to part Noise Improvement and Intermodal premium insurance must be separately 198 reflected the 1977 amendments to Transportation Act of 1992, Pub. L. 102– obtained for a period of not more than Title XIII. 581, gave FAA the authority to provide 60 days. The Presidential approval may Between 1975 and 1990, there was non-premium insurance coverage for be renewed for additional 60 day little use of the insurance authority. The these two previously uncoverable periods if so approved before each FAA, insured without premium, about categories of flights. The FAA has been additional period. Under certain 50 military charter flights from the able to fill other coverage gaps circumstances, this renewal authority United States to Central America in administratively with successive has been and may be delegated to the 1983 and 1984. Otherwise, commercial revisions to its insurance policies, such Secretary of Transportation. As a insurance for flights to most areas of the as the costs of search and rescue general policy, premium insurance will world was available. Since 1990, the attempts, runway foaming, and damage not be made available for a U.S. Aviation Insurance Program has been while the aircraft is outside the government agency, whereas such used much more than in the 1975–1990 insured’s control. agencies may request non-premium period, but air carriers can usually still In 1994, Congress codified the Federal insurance. obtain commercial insurance. Aviation Act including the Aviation Non-premium and premium Since 1990, the Aviation Insurance Insurance Program and related statutes insurance do not necessarily differ in Program has been mostly used to into the main body of Title 49, United risks covered for any given flight. The provide insurance for civil aircraft States Code (USC) at Chapter 443. differences are in the categories of chartered by the military. The flights which may be covered and in the Aviation Insurance Program Department of Defense (DoD) under the approval process. As noted above, National Airlift Policy relies on civil air Currently, Chapter 443 authorizes the wholly domestic flights may be covered carriers to meet its airlift requirements. Secretary of Transportation, subject to by non-premium insurance whereas Under the Civil Reserve Airfleet (CRAF) approval by the President, to provide premium insurance may cover only program, DoD contractually obligates aviation insurance coverage for flights between a U.S. point and a airlines to provide aircraft and flight American aircraft or foreign-flag aircraft foreign point or between two foreign crews to meet mobilization transport operations deemed necessary to carry points. Presidential approval is specific requirements in exchange for shares of out the foreign policy of the United to flights within the scope of each peacetime DoD transport business. This States and for which commercial request for premium insurance, while saves the DoD the expense of insurance is unavailable on reasonable Presidential approval is generic to all purchasing, operating, and maintaining terms. This is a discretionary program. non-premium flights for agencies which a large standby transport aircraft fleet. This insurance can be issued in two have completed an indemnification Although the CRAF program is forms: • agreement with the FAA. available, DoD usually can meet its Non-Premium Insurance is issued Two basic types of coverage are transport requirements with aircraft and for American aircraft under contract to offered under the FAA’s Aviation crews volunteered by the CRAF airlines any Federal department or agency Insurance Program, with limits of without formal activation of the which has an indemnity agreement with liability provided as follows: program. In fact, the CRAF has been the Department of Transportation • Hull insurance covers the loss of or activated only once in its history— (DOT). Applicants currently pay a one- damage to an aircraft hull. Coverage during Operation Desert Shield/Storm. time binder fee of $200 per aircraft for may not exceed the reasonable value of Gaps between the FAA and non-premium insurance. This fee has the aircraft as determined by the commercial insurance coverage not been adjusted since 1975. The Secretary. appeared during Operation Desert Presidential approval required for the • Liability insurance covers bodily Shield/Storm as a result of the CRAF issuance of non-premium insurance is injury, personal injury, or death, and activation and the long post-Vietnam demonstrated by the standing damage to or loss of property, including hiatus in program activity. Two such Presidential approval of the cargo, baggage, and personal effects. gaps could not be closed without new indemnification agreements with the Coverage may not exceed the registered legislation. The more significant was the other Government agencies. In order to limits of liability on file with the FAA inability to cover domestic CRAF flight minimize the time needed to provide or the corresponding commercial segments. Most of the airlines’ non-premium insurance coverage, upon coverage in effect on the date of loss. commercial hull or liability war risk receipt of the application from the insurance policies excluded coverage carrier, the FAA will issue the carrier a Recent Experience for all CRAF flights while, by law, FAA- standby non-premium insurance The FAA issued non-premium war issued non-premium insurance could coverage, upon receipt of the risk insurance for over 5,000 flights in cover by only international flight application from the carrier, the FAA support of Operation Desert Shield/ segments. Thus, the airlines had to rely will issue the carrier a standby non- Storm. These flights were utilized to on direct indemnification from the DoD premium policy which lists the carry both troops and supplies into the 19010 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

Middle East and evacuate American goods and services in direct support when insurance policies are actually in citizens from the area. Premium war risk thereof. The FAA further addressed force and when they are in standby insurance also was provided during coverage gaps by adopting new status. The section would be divided Operation Desert Shield/Storm for 36 procedures and policies: e.g., the into paragraphs that clarify and correct flights. revision of the FAA’s standard non- the intent of the section. The FAA also has issued non- premium hull and liability policies and Section 198.5 premium insurance for flights the development of endorsements to supporting recent humanitarian and those policies to meet the specific Section 198.5 would be published peacekeeping operations. The FAA insurance needs of DOD contract with editorial changes reflecting insured 155 flights by 11 different air carriers. Additionally, the FAA is language used in the codification of the carriers carrying troops and supplies to proposing, in this document, to provide Federal Aviation Act, and would clarify and from Somalia during Operation insurance for all insurable interests that any other insurable item may be Restore Hope from December 1992 until consistent with current commercial insured if eligible for insurance under early 1994. In 1993, the FAA insured aviation insurance practice. § 198.1. troop and cargo flights to Kuwait City in The Aviation Insurance Program has Section 198.7 support of Operation Desert Caravan. In been used repeatedly over the last five 1994, the FAA insured flights in support years as the U.S. continues its Section 198.7 would be published of Operation Provide Hope providing involvement in international with editorial changes reflecting humanitarian relief supplies to the peacekeeping and humanitarian language used in the codification of the Republic of Georgia. Commonwealth of endeavors, and as DOD continues its Federal Aviation Act, and with the Independent States. In September and reliance on civil aircraft. This deletion of prior language requiring the October 1994, the FAA insured flights continuing frequent use has approval of the agency on whose behalf into Haiti in support of Operation significantly increased the contract air services are to be performed. Uphold Democracy. In April 1996, the administrative cost of maintaining the Section 198.9 FAA began insuring troop rotation Aviation Insurance Program. In order to flights between Tuzla, Bosnia, and conform insurance program practices to Section 198.9 would be revised to add Germany. changes in implementation authority, to flexibility for applicants applying for Prior to 1990, the last extensive use of improve program efficiency, and to insurance. The FAA office FAA-issued insurance to cover offset incurred administration cost due administering the Aviation Insurance commercial flight operations was in to increased frequency of utilization of Program would provide guidance and 1975. Since that time, commercial the Aviation Insurance Program, the necessary forms to apply for insurance. insurance industry practices evolved FAA proposes the following Appendix A would be removed. Also, a well beyond those prevailing in 1975 amendments. requirement that the applicant provide and earlier. The differences between evidence of the unavailability of coverage available from the commercial Explanation of Proposed Changes commercial insurance would be added. insurance industry and the coverage In general, the FAA has broad A provision that the standby non- permitted under the Aviation Insurance discretion and judgment in determining premium policy only provides actual Program’s statutory authority has the acceptable level of risk to be insured coverage when formally activated by the created insurance coverage gaps. against under a given set of FAA has been included. The coverage gaps were highlighted circumstances, and the policies and Section 198.11 by the partial activation of the Civil procedures to be followed in the Reserve Air Fleet (CRAF) during administration of the insurance Section 198.11 would be revised to Operations Desert Shield/Storm, the program. The proposals contained reflect editorial changes, and to include first activation since the program’s herein would not compromise this basic language relating to other insurable inception. A majority of the civil air premise. items. carriers providing the airlift for Operation Desert Shield/Storm had their Section 198.1 Section 198.13 commercial war risk insurance Section 198.1 would be published Section 198.13 would be changed to automatically canceled upon CRAF with editorial changes reflecting reflect administrative payment activation. As a result, the air carriers language used in the codification of the procedures. The proposed language depended on FAA-issued insurance. Federal Aviation Act. would provide generic instructions for The coverage gaps and the carriers’ Section 198.1(b) would be revised to greater flexibility of this section. dependence on FAA-issued insurance expand the operations covered under Section 198.15 caused Congress, the air carrier the Aviation Insurance Program. This industry, and the FAA to review the proposed amendment would include, as Section 198.15 would revise the aviation insurance program’s statutory eligible operations, those in domestic or current $200 binder for non-premium authority. Section 401(a) of Public Law foreign air commerce if non-premium insurance, established in 1975, updating 102–581 (October 31, 1992), expanded insurance is sought. it for the inflation by the annual the FAA’s authority to issue non- cumulative Consumer Price Index (CPI) premium insurance coverage for Section 198.3 rounded to the nearest $25. For domestic flight segments; for goods and Section 198.3(b) would be revised to example, using the latest annual services (i.e., spares support, refueling, expand the authority to cover flights cumulative CPI available, (2.760 for etc.) in direct support of operations operated pursuant to an agreement 1995), the binder would be $550 conducted under contract to the between the United States and a foreign (calculation: $200 × 2.2760, rounded to indemnifying agency; and for transport government. A requirement for the the nearest $25) per aircraft or other of military forces or materiel on behalf airline to have a current copy of its insurable item. In the future, the binder of the United States under an agreement commercial insurance policy on file amount would be adjusted annually for between the Government and the would be added. In addition, this newly registered aircraft and other government of a foreign country and for section would be changed to explain insurable items to reflect future Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 19011 increases in the CPI, rounded to the Recommended Practices and JAR’s is the proposed rule would not have a nearest $25. The binder would continue not warranted because there are no significant economic impact on a to be a one-time charge, so that, once an existing comparable rules. substantial number of small entities. aircraft operator registers an aircraft or Regulatory Evaluation Summary other insurable item, no additional Unfunded Mandates Reform Act Proposed changes to Federal binder charge would be due while the This proposed rule does not contain operator continues to operate that regulations must undergo several economic analyses. First, Executive any Federal intergovernmental or aircraft or other insurable item. private sector mandate. Therefore, the After publication of the final rule, the Order 12866 directs Federal agencies to requirements of Title II of the Unfunded binder that is set forth in the final rule promulgate new regulations or modify Mandates Reform Act of 1995 does not would be adjusted not more frequently existing regulations only if the expected apply. than annually based on changes in the benefits to society outweigh the Consumer Price Index of All Urban expected costs. Second, the Regulatory International Trade Impact Consumers (CPI) published by the Flexibility Act of 1980 requires agencies Secretary of Labor. The adjusted binders to analyze the economic impact of The Office of Management and Budget would also be published in the ‘‘Notice’’ regulatory changes on small entities. directs agencies to assess the effects of section in the Federal Register. This Third, the Office of Management and regulatory changes on international procedure would permit binder Budget directs agencies to assess the trade. The proposed rule would not adjustments in a timely manner. effect of regulatory changes on have any impact on international trade However, in no event would an adjusted international trade. In conducting these as the registration fee would be the same binder exceed the FAA’s cost for analyses, the FAA has determined that for all carriers, foreign as well as providing a service. The adjusted this proposed rule: (1) Would generate domestic. binders would become effective in benefits exceeding costs; (2) is not Federalism Implications accordance with the notice which sets ‘‘significant’’ as defined in the Executive Order and DOT’s Regulatory Policies forth the adjusted binders. The The regulations proposed herein increased binder would apply only to and Procedures; (3) would not have a significant impact on a substantial would not have substantial direct effects each insured carrier’s aircraft and other on the States, on the relationship insurable items registered after the number of small entities; and (4) would not constitute a barrier to international between the national government and effective date of the final rule. the States, or on the distribution of Section 198.15(d) would be added to trade. These analyses, available in the docket, are summarized below. power and responsibilities among the state FAA’s long standing policy that various levels of government. Therefore, when an operator acquires an aircraft Through the proposed changes, the in accordance with Executive Order previously covered under another FAA would attempt to recover some of 12866, October 4, 1993, it is determined operator’s policy, the new operator must the costs of providing current services that this proposal would not have register it in the same manner as an from the beneficiaries of these services. The proposed rule would not impose sufficient federalism implications to aircraft not previously covered. The additional costs on society. The cost of warrant the preparation of a Federalism insurance registrations are not administering the insurance program in transferable. Assessment. 1995 amounted to about $475,000. If the Section 198.17 current $200 binder is updated, as Conclusion Section 198.17 would be revised to proposed, by the latest annual For the reasons discussed above, reflect the coverage of goods and Consumer Price Index (CPI), 1995, and including the findings in the Regulatory services provided in direct support of adjusted to the nearest $25, the binder Flexibility Determination and the aircraft operations as allowed now by would be $550. This figure, multiplied International Trade Impact Analysis, the law. by the number of aircraft newly FAA has determined that this proposed registered each year, which is estimated Appendix A to Part 198—Form of regulation would not be significant at 80, yields $44,000. The increase is far under Executive Order 12866, Application to Section 198.9 less than the cost of administrating the Regulatory Planning and Review, issued program; it amounts to 9.3% of 1995 Appendix A would be removed to October 4, 1993. In addition, the FAA administrative costs. The FAA has simplify administration of the Aviation certifies that this proposal, if adopted, determined that the proposed change in Insurance Program. The FAA office would not have a significant economic the binder for non-premium insurance, administering the program would impact, positive or negative, on a if implemented, is equitable. provide forms upon request. substantial number of small entities Paperwork Reduction Act Regulatory Flexibility Determination under the criteria of the Regulatory Information collection requirements The Regulatory Flexibility Act of 1980 Flexibility Act. This proposal would not in the proposed rule have been (RFA) was enacted by Congress to be considered significant under DOT previously approved by the Office of ensure that small entities are not Regulatory Policies and Procedures (44 Management and Budget (OMB) under unnecessarily or disproportionately FR 11034, February 26, 1979) and Order the provisions of the Paperwork burdened by Government regulations. DOT 2100.5, Policies and Procedures for Reduction Act of 1995 (44 U.S.C. The RFA requires a Regulatory Simplification, Analysis, and Review of 3507(d)) and have been assigned OMB Flexibility Analysis if a rule is expected Regulations, of May 22, 1980. An initial Control Number 2120–0514. to have a significant (positive or regulatory evaluation of the proposal, negative) economic impact on a including a Regulatory Flexibility International Civil Aviation substantial number of small entities. Determination and International Trade Organization (ICAO) and Joint Aviation Based on the standards and thresholds Impact Analysis, has been placed in the Regulations (JAR) specified in FAA Order 2100.14A, docket. A copy may be obtained by The FAA has determined that a Regulatory Flexibility Criteria and contacting the person identified under review of the ICAO Standards and Guidance, the FAA has determined that FOR FURTHER INFORMATION CONTACT. 19012 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules

List of Subjects in 14 CFR Part 198 materiel on behalf of the United States, § 198.7 Amount of insurance coverage available. Aircraft, Freight, Reporting and pursuant to an agreement between the recordkeeping requirements, War risk United States and a foreign government. (a) For each aircraft or insurable item, insurance. (2) Such department, agency, or the amount insured may not exceed the instrumentality of the U.S. Government amount for which the applicant has The Proposed Amendment has agreed in writing to indemnify the otherwise insured or self-insured the In consideration of the foregoing, the Secretary of Transportation against all aircraft or insurable item against damage Federal Aviation Administration losses covered by such insurance. Such or liability arising from any risk. In the proposes to revise 14 CFR part 198 as an agreement, when countersigned by case of hull insurance, the amount set forth below: the President constitutes a insured may not exceed the reasonable determination that the continuation of value of the aircraft as determined by PART 198ÐAVIATION INSURANCE that aircraft operation is necessary to the FAA or its designated agent. carry out the foreign policy of the (b) Policies issued without premium Sec. United States. may be revised from time to time by the 198.1 Eligibility of aircraft operation for (3) A current copy of the aircraft insurance. FAA with notice to the insured, to add operator’s applicable commercial aircraft or insurable items or to amend 198.3 Basis of insurance. insurance policy or policies is on file 198.5 Types of insurance coverage amounts of coverage if the insured has available. with the FAA, including every changed the amount by which it has 198.7 Amount of insurance coverage endorsement making a material change otherwise insured or self-insured the available. to the policy. Updated copies of these aircraft or itself. 198.9 Application for insurance. policies must be provided upon each 198.11 Change in status of aircraft. renewal of the commercial policy. Every § 198.9 Application for insurance. 198.13 Premium insurance—payment of subsequent material change by (a) Application for premium or non- premiums. endorsement must be promptly premium insurance must be made in 198.15 Non-premium insurance—payment provided to the FAA. accordance with the applicable form of registration binders. (c) Insurance is activated, placing the supplied by the FAA. 198.17 Ground support and other coverage. insurance in full force, as specified by (b) Each applicant for insurance with Authority: 49 U.S.C. 106(g), 40113, 44301– the FAA’s written notification to the premium under this part must submit to 44310; 49 CFR 1.47(b). operator and remains in force until such the FAA with its application a letter § 198.1 Eligibility of aircraft operation for time as either of the following occurs: describing in detail the operations in insurance. (1) The requirements in § 198.1 are no which the aircraft is or will be engaged An aircraft operation is eligible for longer met; or and stating the type of insurance (2) In the case of non-premium insurance if— coverage being sought and the reason it (a) The President of the United States insurance, an aircraft operation is no is being sought. The applicant must also longer performed under contract to a has determined that the continuation of submit any other information deemed department, agency, or instrumentality that aircraft operation is necessary to pertinent by the FAA. of the U.S. Government; or pursuant to carry out the foreign policy of the (c) Each applicant for premium or an agreement between the United States United States; non-premium insurance must submit to and a foreign government. (b) The aircraft operation is— the FAA evidence that commercial (d) Insurance policies revert to (1) In foreign air commerce or insurance is not available on reasonable standby status upon written notification between two or more places all of which by the FAA to the aircraft operator. A terms for each flight or ground operation are outside the United States if policy will remain in standby status for which insurance is sought. Each insurance with premium is sought; or aircraft operator who has a standby non- (2) In domestic or foreign air until either— (1) The insurance is activated by premium insurance policy must submit commerce, or between two or more written notice; or evidence to the FAA that commercial places all of which are outside the (2) The policy is canceled. insurance is not available on reasonable United States if insurance without terms before the FAA activates that premium is sought; and § 198.5 Types of insurance coverage policy. The adequacy of the evidence (c) The Administrator finds that available. submitted is determined solely by the commercial insurance against loss or Application may be made for FAA. damage arising out of any risk from the insurance against loss or damage to the (d) The standby non-premium policy aircraft operation cannot be obtained on following persons, property, or interests: issued to the aircraft operator does not reasonable terms from an insurance (a) Aircraft, or insurable items of an provide actual coverage until formally carrier. aircraft, engaged in eligible operations activated by the FAA. under § 198.1. § 198.3 Basis of insurance. (b) Any individual employed or § 198.11 Change in status of aircraft. (a) Premium insurance may be made transported on the aircraft referred to in In the event of sale, lease, available if the requirements of § 198.1 paragraph (a) of this section. confiscation, requisition, total loss, or are met. (c) The baggage of persons referred to other change in the status of an aircraft (b) Subject to § 198.9(c), standby in paragraph (b) of this section. or insurable items covered by insurance insurance without premium may be (d) Property transported, or to be under this part, the insured party must made available if all of the following transported, on the aircraft referred to in notify the office administering the conditions are met: paragraph (a) of this section. Aviation Insurance Program within 10 (1) A department, agency, or (e) Statutory or contractual working days after the change in status. instrumentality of the U.S. Government obligations, or any other liability, of the seeks performance of air services aircraft referred to in paragraph (a) of § 198.13 Premium insuranceÐpayment of operations, pursuant to a contract of the this section or of its owner or operator, premiums. department, agency, or instrumentality; of the nature customarily covered by The insured must pay the premium or transportation of military forces or insurance. for insurance issued under this part Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Proposed Rules 19013 within the stated period after receipt of (b) An application for non-premium § 198.17 Ground support and other notice that premium payment is due insurance must be accompanied by the coverage. and in accordance with the provisions proper binder, payable to the FAA. A An aircraft operator may apply for of the applicable FAA insurance policy. binder is not returnable unless the insurance to cover any risks arising from application is rejected. Premiums must be sent to the FAA, and the provision of goods or services made payable to the FAA. (c) Requests made after issuance of a non-premium policy for the addition of directly supporting the operation of an § 198.15 Non-premium insuranceÐ an aircraft or insurable item must be aircraft that meets the requirements of payment of registration binders. accompanied by the binder for each § 198.3(b). aircraft and insurable item. Issued in Washington, DC, on April 14, (a) The binder for initial registration (d) When an operator acquires an is $550 for each aircraft or insurable 1997. aircraft or insurable item that was John M. Rodgers, item. This binder is adjusted not more previously covered under an active or Director, Office of Aviation Policy and Plans. frequently than annually based on standby policy, the new operator must changes in the Consumer Price Index of register the aircraft or item on its policy [FR Doc. 97–9957 Filed 4–14–97; 4:05 pm] All Urban Consumers published by the and pay the binder for each aircraft and BILLING CODE 4910±13±M Secretary of Labor. insurable item. federal register April 17,1997 Thursday Victims' RightsWeek,1997 Proclamation 6989ÐNationalCrime Generalized SystemofPreferences of Duty-FreeTreatmentUnderthe Proclamation 6988ÐToModifyApplication The President Part VI 19015

19017

Federal Register Presidential Documents Vol. 62, No. 74

Thursday, April 17, 1997

Title 3— Proclamation 6988 of April 11, 1997

The President To Modify Application of Duty-Free Treatment Under the Generalized System of Preferences

By the President of the United States of America

A Proclamation 1. Sections 502(d)(1) and 503(c)(1) of the Trade Act of 1974, as amended by Public Law 104-188; 110 Stat. 1755, 1920, 1922 (‘‘the 1974 Act’’) (19 U.S.C. 2462(d)(1) and 2463(c)(1)), provide that the President may withdraw, suspend, or limit the application of the duty-free treatment accorded under the Generalized System of Preferences (GSP) with respect to any country and any article upon consideration of the factors set forth in sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2461 and 2462(c)). Pursuant to sections 502(d)(1) and 503(c)(1) of the 1974 Act and having considered the factors set forth in sections 501 and 502(c) of such Act, including, in particular, section 502(c)(5) (19 U.S.C. 2464(c)(5)) on the extent to which a designated beneficiary developing country is providing adequate and effective protection of intellectual property rights, I have determined that it is appropriate to suspend the duty-free treatment accorded under the GSP to certain eligible articles that are the product of Argentina, as provided in the Annex to this proclamation. 2. Section 604 of the 1974 Act, as amended (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of the relevant provisions of that Act, and of other acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States, including but not limited to sections 502(d)(1), 503(c)(1), and 604 of the 1974 Act, do proclaim that: (1) In order to provide that Argentina should no longer be treated as a beneficiary developing country with respect to certain eligible articles for purposes of the GSP, the HTS is modified as provided in the Annex to this proclamation. (2) Any provisions of previous proclamations and Executive orders that are inconsistent with the actions and provisions of this proclamation are superseded to the extent of such inconsistency. (3) The modifications made by this proclamation shall be effective with respect to articles both: (i) imported on or after January 1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on or after 30 days after the date of publication of this proclamation in the Federal Register. 19018 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of April, in the year of our Lord nineteen hundred and ninety-seven, and of the Independence of the United States of America the two hundred and twenty-first. œ– Billing code 3195–01–P Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Presidential Documents 19019 19020 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Presidential Documents

[FR Doc. 97–10134 Filed 4–16–97; 8:45 am] Billing code 3190–01–C Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Presidential Documents 19021 Presidential Documents

Proclamation 6989 of April 15, 1997

National Crime Victims’ Rights Week, 1997

By the President of the United States of America

A Proclamation During National Crime Victims’ Rights Week, Americans in communities across the country join together to honor victims and survivors, to remember their pain, and to recognize their many contributions to improving our criminal justice system and helping others affected by crime. It is also an occasion for us to acknowledge our significant progress in securing crucial rights and services for crime victims. As we reflect on the events of this past year, we think of all our fellow citizens who became victims of crime on our streets, at home, in our neighbor- hoods, in our schools, in our workplaces, and even in our sacred places of worship. We remember the images of dozens of mostly African American churches being consumed in flames, and we recall church leaders and their congregations, representing all denominations and races, reaching out to invite healing and rebuilding—not in isolation, but in an extraordinary spirit of community and unity. We also remember the many contributions of crime victims in pioneering crime prevention programs in our schools and working to strengthen our laws and to enlighten all of us about the needs of all crime victims. Through the dedicated efforts of crime victims and their advocates, criminal justice workers, and responsive legislators, we have made important strides in the struggle against violence. The Violent Crime Control and Law Enforce- ment Act of 1994 allocated an increase in resources for criminal justice programs, deploying thousands of new police officers on our streets. The Brady Bill has prevented over 225,000 felons, fugitives, and stalkers from buying handguns since it was enacted. And the Community Notification Act, known as ‘‘Megan’s Law,’’ is helping us protect our most vulnerable citizens by informing communities of the presence of convicted pedophiles. With community notification, we are working to prevent cases like that of the Act’s namesake, Megan Kanka, a 7 year-old who died at the hands of a repeat sex offender released into an unsuspecting community. With these and other preventive measures, we’ve managed to reduce the rate of violent crime for 5 straight years and to restore hope of reaching our goal of a peaceful America. We can also take heart in our efforts to assist victims in need of justice and healing in the aftermath of violent crimes. The Violence Against Women Act, a historic and comprehensive plan targeted at ending crimes against women, has provided much-needed services to countless domestic violence victims and their children. Likewise, the National Domestic Violence Hotline, established last year, has responded to more than 73,000 calls for assistance from around the country. As a result of over $500 million in deposits to the Federal Crime Victims Fund in fiscal 1996, the States will receive more than three times as much in Federal funds as they have received in any previous year to support local victim assistance programs. And the Antiterrorism Act has guaranteed restitution to victims of Federal crimes and mass violence; it has already provided substantial assistance to victims of the Oklahoma City bombing. 19022 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Presidential Documents

This year, we can take one more historic step to ensure that victims through- out our country are guaranteed the fundamental rights to be present at proceedings, to be informed of significant developments in their cases and of their rights, and to be heard at sentencing and other appropriate times throughout the criminal justice process. The Congress should pass a Victims’ Rights Amendment to the United States Constitution that will, when ratified by the States, ensure that crime victims are at the center of the criminal justice process, not on the outside looking in. We must stand united in caring for and assisting crime victims throughout 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 April 13 through April 19, 1997, as National Crime Victims’ Rights Week. I urge all Americans to follow in the example of victim advocates and reaffirm our common purpose to protect and comfort one another in times of hardship—not only during this special week but also throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of April, in the year of our Lord nineteen hundred and ninety-seven, and of the Independence of the United States of America the two hundred and twenty-first. œ–

[FR Doc. 97–10135 Filed 4–16–97; 8:45 am] Billing code 3195–01–P i

Reader Aids Federal Register Vol. 62, No. 74 Thursday, April 17, 1997

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 3 CFR 1703...... 18544 For additional information 523±5227 1730...... 18678 Proclamations: Presidential Documents 4279...... 17107 6980...... 16033 4287...... 17107 Executive orders and proclamations 523±5227 6981...... 16035 The United States Government Manual 523±5227 6982...... 16039 8 CFR 6983...... 17681 3...... 15362, 17048 6984...... 18015 Other Services 208...... 15362 6985...... 18497 212...... 18506 Electronic and on-line services (voice) 523±4534 6986...... 18501 Privacy Act Compilation 523±3187 214...... 18508 6987...... 18501 236...... 15362 TDD for the hearing impaired 523±5229 6988...... 19017 245...... 18506 6989...... 19021 248...... 18506 ELECTRONIC BULLETIN BOARD Executive Orders: 274a...... 18508 February 21, 1913 312...... 15751 Free Electronic Bulletin Board service for Public Law numbers, (Revoked in part by Federal Register finding aids, and list of documents on public PLO 7252)...... 17633 9 CFR inspection. 202±275±0920 13010 (amended by 94...... 18263 FAX-ON-DEMAND EO 13041)...... 17039 205...... 15363 13041...... 17039 You may access our Fax-On-Demand service. You only need a fax 13042...... 18017 Proposed Rules: 94...... 18055 machine and there is no charge for the service except for long Administrative Orders: distance telephone charges the user may incur. The list of Memorandum of April 10 CFR documents on public inspection and the daily Federal Register’s 1, 1997 ...... 18261 table of contents are available using this service. The document 0...... 16053 numbers are 7050-Public Inspection list and 7051-Table of 5 CFR 25...... 17683 Contents list. The public inspection list will be updated 213...... 18505 50...... 17683 immediately for documents filed on an emergency basis. 532...... 16465 54...... 17683 95...... 17683 NOTE: YOU WILL ONLY GET A LISTING OF DOCUMENTS ON 591...... 16218 FILE AND NOT THE ACTUAL DOCUMENT. Documents on 1201...... 17041 Proposed Rules: public inspection may be viewed and copied in our office located 1209...... 17047 430...... 16739 1620...... 18234 at 800 North Capitol Street, N.W., Suite 700. The Fax-On-Demand 11 CFR telephone number is: 301±713±6905 1655...... 18019 111...... 18167 7 CFR FEDERAL REGISTER PAGES AND DATES, APRIL 56...... 18019 12 CFR 15355±15598...... 1 70...... 18019 208...... 15600 301...... 15809 213...... 15364, 16053 15599±15808...... 2 600...... 16659 303...... 16662 15809±16052...... 3 601...... 16659 560...... 15819 16053±16464...... 4 723...... 15599 600...... 18037 16465±16658...... 7 916...... 15355 603...... 18037 16659±17040...... 8 917...... 15355 611...... 18037 17041±17530...... 9 946...... 18021 614...... 18037 17531±17682...... 10 956...... 18023 615...... 18037 17683±18014...... 11 982...... 18026 618...... 18037 18015±18260...... 14 989...... 18029 619...... 18037 18261±18504...... 15 1208...... 18033 1805...... 16444 18505±18704...... 16 1710...... 18037 Proposed Rules: 18705±19022...... 17 1901...... 16465 Ch. IX...... 17108 1940...... 16465 226...... 15624 1951...... 16465 361...... 18059 2003...... 16465 516...... 17110 3570...... 16465 543...... 17110, 17115 Proposed Rules: 545...... 15626, 17110 300...... 16218 552...... 17110 319...... 16218, 16737 556...... 15626, 17110 401...... 17758 557...... 15626 447...... 17103 561...... 15626 457...... 17103, 17758 563...... 15626, 17110 981...... 17569 563g...... 15626 1137...... 16737 614...... 18167 1435...... 15622 627...... 18167 ii Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Reader Aids

13 CFR 113...... 15831 32 CFR 17735, 17742, 18528 185 ...... 17723, 17730, 17735, 120...... 15601 144...... 15831 2...... 17548 17742, 18528 310...... 18518 20 CFR 186 ...... 17723, 17730, 17735, 14 CFR 701...... 15614 17742, 18528 1...... 16220 404...... 15607 706...... 18272, 18274 21...... 15570 271...... 15407 21 CFR 806b...... 17070 25 ...... 15570, 17048, 17531 300 ...... 15411, 15572, 16706, Proposed Rules: 16707 39 ...... 15373, 15375, 15378, 74...... 15389 199...... 16510 16064, 16066, 16067, 16069, 101...... 15390 700...... 17910 216...... 16691 720...... 17910 16070, 16072, 16073, 16473, 510...... 15751 552...... 15639 16474, 16475, 16477, 16664, 556...... 15391 721...... 17910 16667, 17532, 17534, 17536, 558...... 15391, 15751 33 CFR 723...... 17910 725...... 17910 17537 1300...... 15391 5...... 16695 Proposed Rules: 61...... 16220, 16892 1309...... 15391 26...... 16695 52 ...... 15867, 16746, 17136, 71 ...... 15602, 15603, 15751, 1310...... 15391 27...... 16695 17137, 17572, 17768, 18070, 15825, 15826, 15827, 16075, Proposed Rules: 95...... 16695 18071, 18556, 18730 16076, 16668, 17052, 17053, 170...... 18938 100 ...... 16695, 17702, 18041, 58...... 18557 17054, 17055, 17056, 17057, 184...... 18938 18042 60...... 18308 17058, 17059, 17060, 17698, 186...... 18938 110...... 16695 63 ...... 15452, 15453, 15754 18038, 18039, 18040, 18264 570...... 18938 117...... 15842, 17071 70...... 16124 73...... 17699 589...... 18728 130...... 16695 80...... 17771, 18696 91...... 15570, 17480 136...... 16695 23 CFR 81...... 18556, 18557 97 ...... 17061, 17063, 17539, 138...... 16695 92...... 18557 17541 625...... 15392 140...... 16695 247...... 18072 107...... 15751 151...... 16695, 18043 24 CFR 261...... 16747 108...... 15751 153...... 16695 268...... 16753 109...... 15751 50...... 15800 155...... 16492 300...... 15572 119...... 15570 55...... 15800 165 ...... 15398, 16080, 16081, 121...... 15570 103...... 15794 17704 43 CFR 125...... 15570 570...... 17492 177...... 16695 129...... 15751 Proposed Rules: 334...... 17549 Proposed Rules: 135...... 15570 3190...... 17138 Ch. I ...... 18306 Proposed Rules: 141...... 16220 3400...... 17141 100...... 16513 143...... 16220 25 CFR 3410...... 17141 117...... 16122, 17762 191...... 15751 3420...... 17141 12...... 15610 165...... 17764 Proposed Rules: 142...... 18515 3440...... 17141 25...... 17117 Proposed Rules: 35 CFR 3450...... 17141 39 ...... 15429, 15431, 15433, 3460...... 17141 41...... 15446 103...... 18275 15435, 15437, 15439, 15441, 3470...... 17141 104...... 18275 15443, 15861, 16113, 16115, 26 CFR 3480...... 17141 17128, 17127, 17129, 17131, 54...... 16894, 17004 36 CFR 18062, 18063, 18302, 18304, 44 CFR Proposed Rules: Proposed Rules: 18726 64...... 16084 1...... 17572, 18730 13...... 18547 71 ...... 15635, 15863, 15864, 65 ...... 16087, 17560, 17561 54...... 17004 327...... 18307 17134, 17135, 18065, 18066, 67...... 16089, 17562 1258...... 15867 18067, 18068, 18167 27 CFR Proposed Rules: 107...... 16892 4...... 16479 37 CFR 67...... 16125, 17562 108...... 16892 198...... 19008 Proposed Rules: 201...... 18705 45 CFR 9...... 16502 15 CFR 38 CFR 144...... 16894 29 CFR 146...... 16894 902...... 15381 1...... 15400 1603...... 17542 3...... 17706 148...... 17004 16 CFR 2520...... 16979 17...... 17072 46 CFR 23...... 16669 2590...... 16894, 17004 21...... 17706 2703...... 18705 2...... 16695, 17748 Proposed Rules: 39 CFR 586...... 18532, 18533 432...... 16500 4044...... 18268 3...... 18519 Proposed Rules: 456...... 15865 30 CFR 703...... 15636 4...... 18519 8...... 17008 254...... 18040 20...... 17072 17 CFR 756...... 18269 47 CFR 40 CFR 1...... 17700 915...... 16490 Ch. I ...... 16093 4...... 18265 Proposed Rules: 9...... 16492 0...... 15852, 17566 11...... 17702 202...... 16121 52 ...... 15751, 15844, 16704, 1...... 15852, 18834 30...... 16687 216...... 16121 17081, 17083, 17084, 17087, 2...... 15978 145...... 17068 243...... 16116 17093, 17095, 18046, 18047, 20...... 18834 202...... 15604, 16076 250...... 18070 18520, 18521, 18710, 18712, 27...... 16099, 16493 232...... 16690 253...... 15639 18716 36...... 15412 240...... 18514 926...... 16506 58...... 18523 52...... 18280 270...... 17512 944...... 16507 60...... 18277 73 ...... 15858, 17749, 18535 946...... 16509 63...... 15402, 15404 74...... 18834 18 CFR 80...... 16082 90 ...... 15978, 18536, 18834 2...... 15827 31 CFR 81 ...... 15751, 18521, 18526 97...... 17566 4...... 18518 91...... 15806 101...... 18834 19 CFR 357...... 18694 180 ...... 15615, 17096, 17710, Proposed Rules: 19...... 15831 500...... 17548 17717, 17720, 17723, 17730, 1...... 18074 Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Reader Aids iii

2...... 16004, 16129 1...... 16498, 17100 571 ...... 16707, 16718, 18723 679 ...... 16112, 16736, 17568, 25...... 16129, 18308 29...... 15620 589...... 16718 17749, 17753, 18167, 18542, 63...... 15868 171...... 16107 Proposed Rules: 18725 73 ...... 15869, 15870, 15871, 367...... 15417 192...... 16131 Proposed Rules: 15872, 17772, 17773, 17774, 368...... 15417 195...... 16131 17 ...... 15640, 15646, 15872, 18558 371...... 15417 390...... 18170 15873, 16518 90...... 16004 372...... 15417 392...... 18170 23...... 18559, 18731 101...... 16514 373...... 15417 393...... 18170 216...... 17774, 17774 374...... 15417 571...... 15353, 16131 229...... 16519 48 CFR 376...... 15417 235...... 16099 377...... 15417 285...... 16132 807...... 18300 378...... 15417 50 CFR 622...... 17776, 852...... 18300 387...... 16707 229...... 16108 630...... 16132 1401...... 18053 390...... 16707 600...... 18300 644...... 16132 395...... 16707 622...... 18536 648 ...... 16753, 17576, 18309 49 CFR 531...... 17100 648 ...... 15381, 15425, 18300 660...... 15874, 18572 Ch. III ...... 16370 533...... 15859 678...... 16648, 16656 678...... 16132 iv Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Reader Aids

REMINDERS COMMODITY FUTURES Solid wastes: Agency records and The items in this list were TRADING COMMISSION Hazardous waste information materials; editorially compiled as an aid Securities: combustors; continuous public availability; to Federal Register users. Customer funds held in emissions monitoring comments due by 4-24- Inclusion or exclusion from segregated accounts by systems; comments due 97; published 3-25-97 this list has no legal futures commission by 4-21-97; published 3- HEALTH AND HUMAN significance. merchants; investment; 21-97 SERVICES DEPARTMENT comments due by 4-21- Superfund program: Food and Drug 97; published 3-21-97 National oil and hazardous Administration RULES GOING INTO DEFENSE DEPARTMENT substances contingency Food for human consumption: EFFECT APRIL 17, 1997 Acquisition regulations: planÐ Food labelingÐ Ball and roller bearings; National priorities list Nutrient content claims MINE SAFETY AND HEALTH waiver; comments due by update; comments due pertaining to available FEDERAL REVIEW 4-21-97; published 2-19- by 4-21-97; published fat content of food; COMMISSION 97 3-21-97 comments due by 4-21- Federal Mine Safety and Freedom of Information Act; FEDERAL 97; published 12-20-96 Health Review Commission implementation; comments COMMUNICATIONS Nutrient content claims; Conflict of interests; CFR Part due by 4-21-97; published COMMISSION general principles; removed; published 4-17-97 2-19-97 Common carrier services: comments due by 4-24- 97; published 3-11-97 SECURITIES AND Revitalizing base closure Public mobile servicesÐ communities and community Medical devices: EXCHANGE COMMISSION Multiple address systems; assistance; comments due Manufacturer and distributor Securities: 932/941 and 928/959 by 4-22-97; published 2-21- MHz band allocations; certification and Securities Exchange Act of 97 appointment of U.S. 1934; section 10A comments due by 4-21- ENVIRONMENTAL 97; published 3-12-97 designated agents; reporting requirements; adverse events reporting published 3-18-97 PROTECTION AGENCY Radio services, special: Air pollution control; new requirements; comments Fixed microwave servicesÐ TRANSPORTATION motor vehicles and engines: due by 4-21-97; published DEPARTMENT Local multipoint Light-duty vehicles and 3-20-97 distribution service; 28 Federal Aviation trucksÐ INTERIOR DEPARTMENT Administration GHz and 31 GHz Land Management Bureau Durability testing bands use; comments Airworthiness directives: Preservation and conservation: procedures and due by 4-21-97; Dornier; published 3-14-97 allowable maintenance; published 4-7-97 Designated wilderness indefinite extension; areas; comments due by Radio stations; table of comments due by 4-25- 4-21-97; published 2-18- COMMENTS DUE NEXT assignments: 97; published 3-11-97 97 WEEK Missouri; comments due by Air quality implementation INTERIOR DEPARTMENT 4-21-97; published 3-5-97 plans; approval and Surface Mining Reclamation AGRICULTURE Montana; comments due by promulgation; various and Enforcement Office DEPARTMENT 4-21-97; published 3-5-97 States: Permanent program and Rural Business-Cooperative Oklahoma; comments due Connecticut; comments due abandoned mine land Service by 4-21-97; published 3-5- by 4-25-97; published 3- reclamation plan 97 Grants and cooperative 26-97 submissions: agreements; availability, etc.: Kansas; comments due by Washington; comments due Maryland; comments due by Rural cooperative 4-23-97; published 3-24- by 4-21-97; published 3-5- 4-24-97; published 3-25- development program; 97 97 97 comments due by 4-25- Michigan; comments due by FEDERAL DEPOSIT Utah; comments due by 4- 97; published 3-26-97 4-21-97; published 3-20- INSURANCE CORPORATION 22-97; published 4-7-97 AGRICULTURE 97 Resolution and receivership Virginia; comments due by DEPARTMENT Missouri; comments due by rules: 4-22-97; published 4-7-97 Rural Utilities Service 4-23-97; published 3-24- Least cost resolutions; LABOR DEPARTMENT 97 Grants and cooperative comments due by 4-21- Mine Safety and Health agreements; availability, etc.: Nebraska; comments due by 97; published 2-20-97 Administration 4-21-97; published 3-20- Rural cooperative FEDERAL ELECTION Coal, metal, and nonmetal 97 development program; COMMISSION mine safety and health: New Mexico; comments due comments due by 4-25- Rulemaking petitions: Occupational noise by 4-25-97; published 3- 97; published 3-26-97 Bopp, James, Jr.; comments exposure; comments due 26-97 COMMERCE DEPARTMENT due by 4-21-97; published by 4-21-97; published 2-6- Tennessee; comments due 3-20-97 97 National Oceanic and by 4-25-97; published 3- Atmospheric Administration 26-97 FEDERAL TRADE TRANSPORTATION COMMISSION DEPARTMENT Fishery conservation and Washington; comments due management: by 4-21-97; published 3- Trade regulation rules: Coast Guard Magnuson Act provisions; 20-97 Leakproof, guaranteed Regattas and marine parades: comments due by 4-21- Air quality implementation leakproof, etc.; deceptive Norfolk Harbor marine 97; published 3-20-97 plans; √A√approval and use as descriptive of dry events; comments due by Northeastern United States promulgation; various cell batteries; comments 4-22-97; published 2-21- fisheriesÐ States; air quality planning due by 4-24-97; published 97 Mid-Atlantic Fishery purposes; designation of 3-25-97 TRANSPORTATION Management Council; areas: GENERAL SERVICES DEPARTMENT public hearings; Colorado; comments due by ADMINISTRATION Federal Aviation comments due by 4-25- 4-21-97; published 3-20- Freedom of Information Act; Administration 97; published 3-12-97 97 implementation: Airworthiness directives: Federal Register / Vol. 62, No. 74 / Thursday, April 17, 1997 / Reader Aids v de Havilland; comments due Airworthiness standards: Passenger motor vehicle TREASURY DEPARTMENT by 4-25-97; published 3- Special conditionsÐ theft data (1995 CY); 18-97 comments due by 4-22- Currency and foreign Boeing model 474-200B transactions; financial Aerospatiale; comments due airplane; comments due 97; published 2-21-97 by 4-21-97; published 2- reporting and recordkeeping by 4-25-97; published TRANSPORTATION requirements: 20-97 3-11-97 DEPARTMENT Air Tractor, Inc.; comments Class D airspace; comments Surface Transportation Bank Secrecy Act; due by 4-21-97; published due by 4-21-97; published Board implementationÐ 2-19-97 2-20-97 Practice and procedure: Cross-border AlliedSignal Inc. et al.; Class E airspace; comments Statutory jurisdiction; comments due by 4-21- transportation of certain due by 4-21-97; published voluntary arbitration of monetary instruments; 97; published 2-20-97 2-20-97 certain disputes; Boeing; comments due by comments due by 4-22- TRANSPORTATION comments due by 4-25- 97; published 1-22-97 4-23-97; published 3-14- DEPARTMENT 97; published 3-26-97 97 Federal Railroad TREASURY DEPARTMENT Privacy Act; implementation; Dornier; comments due by Administration Customs Service comments due by 4-25-97; 4-21-97; published 3-12- published 3-26-97 97 Railroad safety; passenger Drawback; manufacturing, train emergency Grob Luft-und Raumfahrt, unused merchandise, etc.; VETERANS AFFAIRS preparedness plans; GmbH; comments due by comments due by 4-24-97; DEPARTMENT comments due by 4-25-97; 4-21-97; published 2-19- published 3-3-97 published 2-24-97 Adjudication; pensions, 97 TREASURY DEPARTMENT compensation, dependency, TRANSPORTATION Internal Revenue Service Industrie Aeronautiche E etc.: Meccaniche; comments DEPARTMENT Income taxes: due by 4-25-97; published National Highway Traffic Installment obligations Dental conditions; service 2-14-97 Safety Administration received from liquidating connection for treatment Pratt & Whitney; comments Insurer reporting requirements: corporations; partial purposes; comments due due by 4-25-97; published Insurers required to file withdrawal; comments due by 4-25-97; published 2- 2-24-97 motor vehicle theft loss by 4-22-97; published 1- 24-97 Raytheon; comments due by experiences reports; list; 22-97 Disabilities rating schedule: 4-25-97; published 2-20- comments due by 4-25- Research activities increase, 97 97; published 2-24-97 credit; hearing; comments Intervertebral disc syndrome; Saab; comments due by 4- Motor vehicle theft prevention due by 4-22-97; published comments due by 4-25- 21-97; published 3-12-97 standard: 1-2-97 97; published 2-24-97