Pages 7111±7428 Vol. 60 2±7±95 No. 25 federal register February 7,1995 Tuesday issue. Dallas, TX,seeannouncementontheinsidecoverofthis For informationonbriefingsinWashington,DC,and Briefings onHowToUsetheFederalRegister 1 II Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995
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PUBLIC Subscriptions: Paper or fiche 202–512–1800 FEDERAL REGISTER Published daily, Monday through Friday, Assistance with public subscriptions 512–1806 (not published on Saturdays, Sundays, or on official holidays), by Online: the Office of the Federal Register, National Archives and Records Telnet swais.access.gpo.gov, login as newuser 2 III Contents Federal Register Vol. 60, No. 25 Tuesday, February 7, 1995 Agency for Health Care Policy and Research Correction, 7131 NOTICES NOTICES Meetings: Meetings: Clinical practice guidelines development— Houston/Galveston Navigation Safety Advisory Colorectal cancer screening, 7203–7204 Committee, 7263–7264 Consumers’ access to care, services use, health outcomes, and patient satisfaction monitoring; model survey, Commerce Department 7204 See International Trade Administration See National Institute of Standards and Technology Agricultural Marketing Service See National Oceanic and Atmospheric Administration PROPOSED RULES NOTICES Milk marketing orders: Agency information collection activities under OMB New England et al., 7290–7333 review, 7165–7166 Agriculture Department Commodity Futures Trading Commission See Agricultural Marketing Service NOTICES See Animal and Plant Health Inspection Service Contract market proposals: See Forest Service Kansas City Board of Trade— Western natural gas, 7169–7170 Air Force Department NOTICES Consumer Product Safety Commission Meetings: NOTICES Scientific Advisory Board, 7177 Agency information collection activities under OMB review, 7170 Animal and Plant Health Inspection Service Settlement agreements: PROPOSED RULES General Nitewear Corp., 7170–7172 Exportation and importation of animals and animal products: Corporation for National and Community Service Ports designation— NOTICES Denver, CO; removed, 7137–7138 Selection of AmeriCorps* VISTA sponsors and projects; Swine vesicular disease; disease status change— guidelines, 7172–7176 Spain, 7138–7139 Antitrust Division Defense Department NOTICES See Air Force Department RULES National cooperative research notifications: Federal Acquisition Regulation (FAR): DDBSA Joint Venture, 7214 Contractor employees; entertainment, gift, and recreation E.I. du Pont de Nemours & Co., 7214 costs Pyrethrin Joint Venture, 7214 Correction, 7133 Sodium Bisulfate Joint Venture, 7214–7215 NOTICES Arts and Humanities, National Foundation Grants and cooperative agreements; availability, etc.: See National Foundation on the Arts and the Humanities National security education program institutional grants, 7176 Centers for Disease Control and Prevention Meetings: NOTICES Defense Intelligence Agency Scientific Advisory Board, Meetings: 7176–7177 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 7204 Education Department NOTICES Civil Rights Commission Agency information collection activities under OMB NOTICES review, 7177 Meetings; State advisory committees: North Carolina, 7165 Employment and Training Administration NOTICES Coast Guard Alien temporary employment labor certification process: RULES Agriculture and logging; adverse effect wage rates and Drawbridge operations: meal charges, 7215–7216 Arkansas, 7121–7122 Nonagricultural occupations; procedures for H–2B Louisiana, 7122–7123 applications, 7216–7219 Lifesaving equipment: Nonimmigrant aliens employed as registered nurses; Hydrid inflatable personal flotation devices; approval attestations by facilities requirements List, 7219–7224 IV Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Contents Energy Department Federal Communications Commission See Federal Energy Regulatory Commission RULES See Hearings and Appeals Office, Energy Department Common carrier services: See Southeastern Power Administration Computer II remand proceedings; Bell Operating NOTICES Companies’ joint petition for waiver, 7131–7132 Grants and cooperative agreements; availability, etc.: NOTICES Hot dry rock geothermal energy systems development of Agency information collection activities under OMB plant to produce and market electric power or review, 7198 thermal energy, 7177–7178 Industrial heating equipment research program, 7178 Federal Deposit Insurance Corporation Intergovernmental Panel on Climate Change, Working RULES Group III; report availability, 7179 Practice and procedure: Meetings: Securities transactions; recordkeeping requirements; Metal Casting Industrial Advisory Board, 7179–7180 waiver authority, 7111–7112 National ignition facility and nonproliferation issue PROPOSED RULES technical study outline, 7180–7181 Depository Institution Management Interlocks Act; implementation; withdrawn, 7139–7140 NOTICES Environmental Protection Agency Privacy Act: RULES Systems of records, 7198–7200 Air programs: Stratospheric ozone protection— Federal Emergency Management Agency Refrigerant recycling; partial stay, 7386–7387 RULES Air quality implementation plans; approval and Disaster assistance: promulgation; various States; air quality planning Individual and family grant program, 7130–7131 purposes; designation of areas: NOTICES Kentucky, 7124–7129 Agency information collection activities under OMB Hazardous waste: review, 7200–7201 Identification and listing— Federal Energy Regulatory Commission Cement kiln dust; regulatory determination, 7366–7377 NOTICES PROPOSED RULES Air pollution control; new motor vehicles and engines: Electric rate and corporate regulation filings: Motor vehicle emissions Federal test procedure revisions, Black Creek Hydro, Inc. et al., 7181–7183 7404–7424 Applications, hearings, determinations, etc.: Arkansas Oklahoma Gas Corp.; correction, 7288 Air programs: Carnegie Interstate Pipeline Co., 7183–7184 Stratospheric ozone protection— Central Illinois Public Service Co., 7184 Refrigerant recycling; partial stay, 7390 Electric Exchange, 7184 Air quality implementation plans; approval and Northern Natural Gas Co., 7184 promulgation; various States: Northwest Pipeline Corp., 7184–7185 Kentucky, 7154 Pacific Gas Transmission Co., 7185 NOTICES Transcontinental Gas Pipe Line Corp., 7185 Meetings: West Texas Utilities Co., 7185 Environmental Financial Advisory Board, 7197–7198 Williams Natural Gas Co., 7186 Superfund; response and remedial actions, proposed settlements, etc.: Federal Highway Administration Peak Oil Site, 7198 NOTICES Environmental statements; notice of intent: Executive Office of the President Milwaukee and Waukesha Counties, WI, 7264–7265 See Presidential documents See Trade Representative, Office of United States Federal Maritime Commission NOTICES Agreements filed, etc., 7201 Federal Aviation Administration Complaints filed: RULES Nordana Line AS, 7201 Airworthiness standards: Special conditions— Federal Procurement Policy Office General Electric Aircraft Engines models GE90–75B/– NOTICES 85B/–76B turbofan engines, 7112–7115 Subcontracting plans, companies supplying commercial Colored Federal airways, 7115–7116 items; policy letter, 7228–7229 Jet routes, 7116–7117 PROPOSED RULES Federal Reserve System Airworthiness directives: NOTICES Boeing, 7140–7146 Meetings; Sunshine Act, 7287 Airworthiness standards: Applications, hearings, determinations, etc.: Aircraft engines— Berkshire Financial Services, Inc., et al., 7201–7202 New one-engine-inoperative ratings, definitions, and Embry, Marlene Crowe, et al., 7202 type certification standards, 7380–7384 Issac Gilinski y Cia. S. en C. et al., 7202 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Contents V Toronto-Dominion Bank, 7202–7203 PROPOSED RULES Natural resource damage assessments, 7154–7156 Federal Transit Administration NOTICES International Trade Administration Environmental statements; availability, etc.: NOTICES East-West Transportation Corridor, Milwaukee and Antidumping: Waukesha Counties, WI, 7264–7265 Hot-rolled lead and bismuth carbon steel products from— Germany, 7166–7167 Fish and Wildlife Service Applications, hearings, determinations, etc.: NOTICES Ohio State University, 7167 Endangered and threatened species permit applications, University of— 7211 Chicago, 7167 Washington et al., 7167–7168 Food and Drug Administration Interstate Commerce Commission RULES NOTICES Animal drugs, feeds, and related products: Railroad services abandonment: New drug applications— Illinois Central Railroad Co., 7213 Tylosin, 7121 Sponsor name and address change— Justice Department Bioproducts, Inc., 7121 See Antitrust Division NOTICES Medical device/radiological health policy statements and Labor Department operating procedure guides; public docket See Employment and Training Administration establishment; extension, 7204–7205 Land Management Bureau Forest Service NOTICES NOTICES Environmental statements; availability, etc.: Environmental statements; availability, etc.: Diamond Mountain and Book Cliffs Resource Areas, UT, Kootenai National Forest, MT, 7157–7158 7210–7211 Payette National Forest, ID, 7158–7165 Resource management plans, etc.: Cedar/Beaver/Garfield/Antimony Resource Area, UT, General Services Administration 7211 RULES Federal Acquisition Regulation (FAR): Legal Services Corporation Contractor employees; entertainment, gift, and recreation NOTICES costs Grants and cooperative agreements; availability, etc.: Correction, 7133 Law school civil clinical programs, 7224–7225 Federal property management: Aviation, transporation, and motor vehicles— Management and Budget Office Express small package transportation; contractor use, See Federal Procurement Policy Office 7129–7130 Minerals Management Service Health and Human Services Department PROPOSED RULES See Agency for Health Care Policy and Research Royalty management: See Centers for Disease Control and Prevention Indian Gas Valuation Negotiated Rulemaking Committee; See Food and Drug Administration establishment, 7152–7154 See Health Care Financing Administration National Aeronautics and Space Administration See National Institutes of Health RULES See Social Security Administration Federal Acquisition Regulation (FAR): See Substance Abuse and Mental Health Services Contractor employees; entertainment, gift, and recreation Administration costs Correction, 7133 Health Care Financing Administration NOTICES National Foundation on the Arts and the Humanities Agency information collection activities under OMB NOTICES review, 7205 Meetings: Humanities National Council, 7225–7226 Hearings and Appeals Office, Energy Department NOTICES National Highway Traffic Safety Administration Cases filed, 7186–7189 NOTICES Decisions and orders, 7189–7192 Motor vehicle safety standards: Special refund procedures; implementation, 7192–7197 Nonconforming vehicles— Importation eligibility; determinations, 7266–7267 Interior Department See Fish and Wildlife Service National Institute of Standards and Technology See Land Management Bureau NOTICES See Minerals Management Service Trade support program: international standards See National Park Service dissemination, 7168–7169 VI Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Contents National Institutes of Health Postal Service NOTICES PROPOSED RULES Inventions, Government-owned; availability for licensing, Domestic Mail Manual: 7205–7206 System Certification Program Stage II customer Meetings: requirements, 7154 National Cancer Institute, 7206–7207 National Heart, Lung, and Blood Institute, 7207 Presidential Documents National Institute of Allergy and Infectious Diseases, PROCLAMATIONS 7207–7208 Generalized System of Preferences; amendments, (Proc. National Institute of Arthritis and Musculoskeletal and 6767), 7427–7428 Skin Diseases, 7208 National Institute of Diabetes and Digestive and Kidney Public Health Service Diseases, 7208 See Agency for Health Care Policy and Research National Institute of General Medical Sciences, 7208 See Centers for Disease Control and Prevention National Library of Medicine, 7208–7209 See Food and Drug Administration Research Grants Division special emphasis panels, 7209– See National Institutes of Health 7210 See Substance Abuse and Mental Health Services Administration National Oceanic and Atmospheric Administration RULES Research and Special Programs Administration Fishery conservation and management: RULES Gulf of Alaska groundfish, 7136 Pipeline safety: Gulf of Mexico and South Atlantic coastal pelagic Instrumented internal inspection devices (‘‘smart pigs’’); resources, 7134–7136 passage— Limited access management of Federal fisheries in and Compliance date; extension, 7133–7134 off of Alaska NOTICES Gulf of Alaska groundfish; correction, 7288 Hazardous materials: PROPOSED RULES Applications; exemptions, renewals, etc., 7267–7286 Fishery conservation and management: Meetings: Puerto Rico and U.S. Virgin Islands queen conch International standards on transport of radioactive resources, 7156 materials, 7286 National Park Service Securities and Exchange Commission PROPOSED RULES NOTICES Environmental statements; availability, etc.: Investment companies: Boston National Historical Park, MA, 7211–7212 Securities; registration fees, 7146–7152 NOTICES National Register of Historic Places: Safe harbor for forward-looking statements; agenda for Pending nominations, 7212–7213 hearings, 7235–7236 Self-regulatory organizations; proposed rule changes: National Science Foundation American Stock Exchange, Inc., 7236–7239 NOTICES Chicago Board Options Exchange, Inc., 7239–7241 Meetings: National Association of Securities Dealers, Inc., 7241– DOE/NSF Nuclear Science Advisory Committee, 7226 7245 New York Stock Exchange, Inc., 7245–7249 National Transportation Safety Board Pacific Clearing Corp., 7249–7250 NOTICES Participants Trust Co., 7250–7251 Meetings; Sunshine Act, 7287 Philadelphia Stock Exchange, Inc., 7251–7256 Applications, hearings, determinations, etc.: Nuclear Regulatory Commission First SunAmerica Life Insurance Co. et al., 7256–7259 NOTICES Golden American Life Insurance Co. et al., 7259–7262 Environmental statements; availability, etc.: Three-Five Systems, Inc., 7262–7263 Philadelphia Electric Co., 7226–7227 Meetings; Sunshine Act, 7287 Small Business Administration Applications, hearings, determinations, etc.: RULES Georgia Power Co. et al., 7227 Small business investment companies: Accounting standards and financial reporting Office of United States Trade Representative requirements, 7392–7402 See Trade Representative, Office of United States NOTICES Meetings; district and regional advisory councils: Personnel Management Office Minnesota, 7263 NOTICES Applications, hearings, determinations, etc.: Locality pay; President’s Pay Agent; salary tables, 7336– Stratford Capital Partners, L.P., 7263 7364 Social Security Administration Postal Rate Commission RULES NOTICES Organization, functions, and authority delegations: Visits to facilities, 7235 Appeals Officers et al., 7117–7120 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Contents VII Southeastern Power Administration Part III NOTICES Office of Personnel Management, 7336–7364 Power rates: Jim Woodruff Project, 7181 Part IV Environmental Protection Agency, 7366–7377 Substance Abuse and Mental Health Services Administration NOTICES Part V Strategic plan; comment request, 7210 Department of Transportation, Federal Aviation Administration, 7380–7384 Trade Representative, Office of United States NOTICES Part VI Foreign government discrimination against U.S. products Environmental Protection Agency, 7386–7387 and services in procurement practices; information request, 7229–7230 Part VII Intellectual property rights protection, countries denying; policies and practices: Environmental Protection Agency, 7390 China, 7230–7234 Meetings: Part VIII Investment and Services Policy Advisory Committee, Small Business Administration, 7392–7402 7235 Part IX Transportation Department Environmental Protection Agency, 7404–7424 See Coast Guard See Federal Aviation Administration See Federal Highway Administration Part X See Federal Transit Administration The President, 7427–7428 See National Highway Traffic Safety Administration See Research and Special Programs Administration Reader Aids Veterans Affairs Department Additional information, including a list of public laws, RULES telephone numbers, and finding aids, appears in the Reader Disabilities rating schedule: Aids section at the end of this issue. Vision impairments; CFR correction, 7124 Separate Parts In This Issue Electronic Bulletin Board Free Electronic Bulletin Board service for Public Law Part II numbers, Federal Register finding aids, and a list of Department of Agriculture, Agricultural Marketing Service, documents on public inspection is available on 202–275– 7290–7333 1538 or 275–0920. VIII Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Contents CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. 3 CFR 30 CFR Proclamations: Proposed Rules: 6767...... 7427 Ch. II ...... 7152 7 CFR 33 CFR Proposed Rules: 117 (2 documents) ...... 7121, 1001...... 7290 7122 1002...... 7290 38 CFR 1004...... 7290 4...... 7124 1005...... 7290 1006...... 7290 39 CFR 1007...... 7290 Proposed Rules: 1011...... 7290 111...... 7154 1012...... 7290 1013...... 7290 40 CFR 1030...... 7290 52...... 7124 1032...... 7290 81...... 7124 1033...... 7290 82...... 7386 1036...... 7290 261...... 7366 1040...... 7290 Proposed Rules: 1044...... 7290 52...... 7154 1046...... 7290 82...... 7390 1049...... 7290 86...... 7404 1050...... 7290 41 CFR 1064...... 7290 101±40...... 7129 1065...... 7290 1068...... 7290 43 CFR 1075...... 7290 Proposed Rules: 1076...... 7290 11 (2 documents) ...... 7154, 1079...... 7290 7155 1093...... 7290 1094...... 7290 44 CFR 1096...... 7290 206...... 7126 1099...... 7290 46 CFR 1106...... 7290 25...... 7131 1108...... 7290 160...... 7131 1124...... 7290 1126...... 7290 47 CFR 1131...... 7290 64...... 7131 1134...... 7290 48 CFR 1135...... 7290 31...... 713 1137...... 7290 1138...... 7290 49 CFR 1139...... 7290 192...... 7133 9 CFR 50 CFR Proposed Rules: 611...... 7288 642...... 7134 92...... 7137 672 (2 documents) ...... 7136, 94...... 7138 7288 98...... 7137 676...... 7288 12 CFR Proposed Rules: 344...... 7111 Ch. VI...... 7156 Proposed Rules: 348...... 7139 13 CFR 107...... 7392 14 CFR 33...... 7112 71 (2 documents) ...... 7115, 7116 Proposed Rules: 1...... 7380 33...... 7380 39 (2 documents) ...... 7140, 7143 17 CFR Proposed Rules: 270...... 7146 274...... 7146 20 CFR 422...... 7117 21 CFR 510...... 7121 558...... 7121 7111 Rules and Regulations Federal Register Vol. 60, No. 25 Tuesday, February 7, 1995 This section of the FEDERAL REGISTER securities on bank premises is generally The amendment is being adopted in contains regulatory documents having general considered subject to Part 344 if the final form without opportunity for applicability and legal effect, most of which bank receives transaction-based public comment pursuant to the are keyed to and codified in the Code of compensation. Part 344 also requires authority of section 553(b)(A) of the Federal Regulations, which is published under that banks effecting securities Administrative Procedure Act (5 U.S.C. 50 titles pursuant to 44 U.S.C. 1510. transactions for customers establish 553(b)(A)) which authorizes the waiver The Code of Federal Regulations is sold by written policies and procedures for of notice and public comment in the the Superintendent of Documents. Prices of supervising securities personnel case of procedural rules. The new books are listed in the first FEDERAL generally and for avoiding conflicts of amendment will be effective REGISTER issue of each week. interest both between the bank and its immediately upon publication in the customers and between customers. The Federal Register. This action is taken Office of the Comptroller of the pursuant to the authority of section FEDERAL DEPOSIT INSURANCE Currency (OCC) and the Board of 553(d) of the Administrative Procedure CORPORATION Governors of the Federal Reserve Act (5 U.S.C. 553(d)) which permits System (Board of Governors) have waiver of the 30 day delayed effective 12 CFR Part 344 securities recordkeeping regulations that date requirement if a rule grants an RIN 3064±AB55 are virtually identical to Part 344 except exemption or relieves a restriction. The that the OCC’s regulations have specific amendment is not required by section Recordkeeping Requirements for waiver authority (12 CFR Part 12 and 12 302(b) of the Reigle Community Securities Transactions CFR 208.8(k) respectively). Development and Regulatory Recently it has come to the FDIC’s Improvement Act of 1994 (Pub. L. 103– AGENCY: Federal Deposit Insurance attention that some banks are having 325) to be made effective on the first day Corporation. practical difficulty complying with Part of a calendar quarter after the date of ACTION: Final rule. 344 and in particular with § 344.4 publication of the amendment as the SUMMARY: The Federal Deposit which sets forth requirements for the amendment does not impose additional Insurance Corporation (FDIC) is content of confirmations of customers’ reporting, disclosure or other new amending its regulation which securities transactions effected by the requirements on insured depository establishes recordkeeping and bank. We understand that this difficulty institutions. results from developments in the confirmation requirements for securities Paperwork Reduction Act transactions undertaken by an insured industry. The practical difficulty in state nonmember bank for its customers. complying with § 344.4 illustrates how The final amendment does not create The amendment provides the FDIC the developments in the industry as well as any new recordkeeping, reporting or express authority to waive the changes in industry practice can cause collection of information requirements requirements of the regulation for good a regulation to be burdensome or make within the meaning of the Paperwork cause. The purpose of the amendment is compliance difficult. Reduction Act (44 U.S.C. 3500 et seq.). The FDIC is generally concerned that to afford the FDIC more flexibility in List of Subjects in 12 CFR Part 344 applying its regulations. to the fullest extent possible its regulations should not impose any Insured banks, Banking, Securities EFFECTIVE DATE: The amendment is undue or unnecessary burden or transactions, Recordkeeping, effective February 7, 1995. expense (competitive or otherwise) on Confirmations. FOR FURTHER INFORMATION CONTACT: insured banks. Having the flexibility to For the reasons set forth in the Gerald J. Gervino, Senior Attorney, (202) readily tailor the application of a 898–3723, or Cristeena Naser, Attorney, preamble, Part 344 of Chapter III of Title regulation to particular circumstances if 12 is amended as set forth below: (202) 898–3687, Legal Division, FDIC, warranted furthers that objective. In 550 17th Street, NW., Washington, DC keeping with that goal the FDIC has PART 344ÐRECORDKEEPING AND 20429 or Curtis L. Vaughn, Examination therefore determined that it is CONFIRMATION REQUIREMENTS FOR Specialist, (202) 898–6759, Division of appropriate to add express waiver SECURITIES TRANSACTIONS Supervision, FDIC, 550 17th Street NW., authority to Part 344. The addition of Washington, DC 20429. the waiver allows an insured state 1. The authority citation for Part 344 SUPPLEMENTARY INFORMATION: Part 344 nonmember bank to obtain a waiver of continues to read as follows: generally sets forth the recordkeeping all or any part of Part 344 if the FDIC Authority: 12 U.S.C. 1817, 1818, 1819. requirements for insured state determines that there is good cause for nonmember banks effecting customer a waiver to be granted. The adoption of 2. Section 344.8 is added to read as securities transactions whether the amendment will enable the FDIC to follows: conducted as discount or full-service more readily adapt the application of its § 344.8 Waiver. brokerage or through the bank’s trust regulation to developments in the department. Part 344 specifies the industry and changes in industry wide The Board of Directors of the FDIC, in content and timing of the bank’s practice as well as to unique problems its discretion, may waive for good cause internal records as well as customer faced by particular institutions. It is the all or any part of this part 344. statements and disclosures. An insured FDIC’s intent to provide relief as By Order of the Board of Directors. state nonmember bank involved in an appropriate taking due care not to Dated at Washington, DC, this 31st day of arrangement with a third party selling undermine the purposes of Part 344. January 1995. 7112 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations Federal Deposit Insurance Corporation. The current requirements of § 33.94 Discussion of Comments Robert E. Feldman, are based on metallic blade Interested persons have been afforded Acting Executive Secretary. characteristics and service history, and the opportunity to participate in the [FR Doc. 95–2858 Filed 2–6–95; 8:45 am] are not appropriate for the unusual making of these special conditions. Due BILLING CODE 6714±01±P design features of the composite fan consideration has been given to blade found on the GE90 series turbofan comments received. engines. The FAA has determined that Two commenters express no objection DEPARTMENT OF TRANSPORTATION a more realistic blade out test will be to the adoption of these special achieved with a fan blade failure at the conditions as proposed. Federal Aviation Administration inner annulus flowpath line (only the Two commenters cite the apparent airfoil) instead of the outermost departure by the FAA from its general 14 CFR Part 33 retention feature as is currently required practice of involving industry prior to [Docket No. 94±ANE±18; Special Conditions by § 33.94(a)(1). effecting significant changes to No. SC±33±ANE±08] The FAA has also determined that the certification requirements, and composite fan blades construction recommend that the FAA evaluate the Special Conditions; General Electric presents other factors that must be proposed changes in harmony with (GE) Aircraft Engines Model(s) GE90± considered. Tests and analyses must industry through the Aviation 75B/±85B/±76B Turbofan Engines account for the effects of in-service Rulemaking Advisory Committee AGENCY: Federal Aviation deterioration of, manufacturing and (ARAC). Administration, DOT. materials variations in, and The FAA has not determined that ACTION: Final special conditions. environmental effects on the composite these special conditions will form the material. Further, tests and analyses basis to a rulemaking change to amend SUMMARY: These special conditions are must show that a lightning strike on the 14 CFR part 33. These special issued for the General Electric (GE) composite fan blade will not result in a conditions prescribe for a specific Aircraft Engines Model(s) GE90–75B/– hazardous condition to the aircraft, and design, the testing and analyses 85B/–76B turbofan engines. These that the engine will meet the necessary to achieve an equivalent level special conditions contain the requirements of § 33.75. Therefore, these of safety. The FAA may consider additional safety standards which the special conditions are additional whether it is necessary to revise § 33.94 Administrator considers necessary to requirements which the Administrator to include the requirements of these establish a level of safety equivalent to considers necessary to establish a level special conditions. The ARAC may be that established by the airworthiness of safety equivalent to that established used to gather industry and public standards of part 33 of the Federal by the Airworthiness Standards of part participation in that rulemaking project. Aviation Regulations (FAR). 33. For this specific application for type EFFECTIVE DATE: March 6, 1995. certification, however, the FAA has Type Certification Basis FOR FURTHER INFORMATION CONTACT: followed the rulemaking procedures Tim Mouzakis at (617) 238–7114 or Under the provisions of § 21.101 of provided by 14 CFR part 11 that allow Karen Grant at (617) 238–7133, Engine the Federal Aviation Regulations (FAR), for industry and public comment. and Propeller Standards Staff, ANE– General Electric Aircraft Engines must Two commenters state that applying 110, Engine and Propeller Directorate, show that the Model(s) GE90–75B/– the maximum load criteria used for Aircraft Certification Service, FAA, New 85B/–76B turbofan engines meet the propellers to a fan blade, with England Region, 12 New England requirements of the applicable significantly different mechanical Executive Park, Burlington, regulations in effect on the date of the arrangement and dynamic behavior, is Massachusetts 01803–5229; fax (617) application. Those Federal Aviation technically unjustified. 238–7199. Regulations are § 21.21, as amended The FAA disagrees. The two times maximum load criteria test is designed SUPPLEMENTARY INFORMATION: through Amendment 21–68, August 10, 1990, and part 33, as amended 33–14, to show the capability of the fan blade Background August 10, 1990. retention system to withstand without On December 16, 1991, General separation centrifugal loads The Administrator finds that the Electric Aircraft Engines applied for significantly greater than will be seen in applicable airworthiness regulations in type certification of Model(s) GE90– service. A safety factor of two is a part 33, as amended, do not contain 75B/–85B/–76B turbofan engines. These reasonable safety factor as demonstrated adequate or appropriate safety standards engines incorporate a first stage fan by its success in propeller applications. blade manufactured using carbon for the General Electric Aircraft Engines The blade and its retention system must graphite composite material. This Model(s) GE90–75B/–85B/–76B be capable of retaining the blade under unusual design feature results in the turbofan engines because of unique this load condition. GE90 fan blade having significant design criteria. Therefore, the Two commenters state that the differences in material property Administrator prescribes special additional requirements, in conjunction characteristics when compared to conditions under the provisions of with any available analyses, cannot conventionally designed fan blades § 21.16 to establish a level of safety guarantee that the failure probability using non-composite materials. For equivalent to that established in the will be extremely improbable. Inherent example, the probability that a regulations. characteristics of complex composite composite fan blade will fail below the Special conditions, as appropriate, are hardware design, latent defects and inner annulus flowpath line may be issued in accordance with § 11.49 of the susceptibility to manufacturing highly improbable, questioning the FAR after public notice and opportunity variations, and nonconformance are appropriateness of the requirement for comment, as required by §§ 11.28 identified as reasons for the statement. contained in § 33.94(a)(1) to show blade and 11.29(b), and become part of the The FAA agrees in part. The FAA has containment after a failure of the blade type certification basis in accordance reviewed its position and concurs with at the outermost retention feature. with § 21.101(b)(2). the commenters that a failure Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7113 probability of extremely improbable can One commenter states that the notice by which to test the validity of not be guaranteed. However, the FAA requirements should show that the the FAA’s determination. believes that the applicant has failure rate of the fan blade retention The FAA disagrees. The notice of constructed a test program that system, for any cause, during the service proposed special condition identifies demonstrates the blade retention life of the engine, be extremely two bases on which the FAA features have sufficiently improved improbable and can not be established determined that the current reliability to provide an equivalent level at the time of type design approval for requirements of part 33 do not provide of safety to that provided by § 33.94. a new technology composite. adequate or appropriate safety standards While extensive testing is required for The FAA agrees in part. While the because of the novel or unusual design material certification in accordance with FAA agrees that a failure probability of of the GE90 engine. The FAA also § 33.15 to determine material extremely improbable can not be determined that additional safety characteristics and the effects of defects guaranteed, the FAA remains receptive standards were needed to ensure that on blade life, additional test to advances in technology, approaches, the GE composite fan blades met an requirements were established within and new test methods which adequately equivalent level of safety established by the compliance plan to determine the simulate those effects typically verified § 33.94. Given the number and the effect of defects and manufacturing by in-service experience. Further, the nature of the comments received, the variations on material capability. FAA believes that these same principles FAA believes that the notice gave an One commenter suggests adding an have been successfully used by engine adequate description of the proposed additional paragraph to these special manufacturers to ensure the action to allow critical comment on the conditions as follows: airworthiness of rotor structural parts. It basis for that action. ‘‘(a)(3) By appropriate test and should be recognized that failure to One commenter states that they do analysis it must be shown that the most demonstrate acceptable reliability of the not believe that use of graphite adverse blade vibratory stresses, as blade retention features, results in non- composite material for a turbofan blade determined per § 33.83, will not result compliance with these special retention system warrants a departure in failure of the fan blade retention conditions and that would require from the current requirements of § 33.94. system when consideration is given to testing to occur at the outer most The FAA disagrees. The FAA the most limiting manufacturing defect retention groove. supports the use of composite which could go undetected.’’ Two commenters suggest the energy technology and the necessary methods The FAA disagrees with the levels and trajectories of any particles of testing and analyses to show that the commenter that the suggested paragraph that would penetrate the engine cases by product meets an equivalent safety be added, as these considerations are conducting an engine test in accordance standard as established by § 33.94. well within the interpretation of § 33.83 with the test conditions of current One commenter states that the and no additional safety standards are §§ 33.94(a) and 33.94(b) be defined in demonstration means for showing deemed necessary. the Engine Installation Manual or on the ‘‘extremely improbable’’ should be One commenter suggests adding an Engine Type Certificate Data Sheet. The specifically part of these proposed additional paragraph to the special definition of results should also include special conditions. The commenter condition to minimize the risk of hazard determination of the loads that would suggests to establish and define a which would result from potential be transmitted through the engine to methodology by which to rigorously failure of the fan blade retention system airframe interface. One commenter assess the probability of fan blade as follows: states that the energy levels, trajectories retention system failure as extremely ‘‘(a)(4) Although the above test and loads must be included in each improbable, and by which to assess the requires release of the fan blade at the airplane type’s design precautions taken associated level of confidence in the inner flowpath, additional testing and/ to minimize the hazards in the event of assessment, particularly at the time of or analysis shall be performed to define an engine rotor failure, as required by initial certification. the engine behavior for the case of a fan current FAR 25.903 and JAR 25.903. The FAA agrees in part. The FAA blade release at the outermost retention The FAA agrees that the requirements agrees that the assessment of the fan groove. The data obtained shall be used for defining energy levels, trajectories of blade retention system should be when establishing: particles, and a resultant loads already conducted rigorously, but disagrees (i) Any installation limitations to be exist in §§ 33.19(a) and 33.23. The FAA with the need to establish and define a included on the Type Certificate Data also agrees that if such energy levels, methodology in these special Sheet; and, trajectories, and resultant loads are conditions. The FAA believes it should (ii) Load requirements of § 33.23.’’ defined, the appropriate data should be not define a specific means to meet a The FAA disagrees. As stated in included in the Engine Installation safety standard, or publish an § 33.75, Safety Analysis, the applicant Manual. The FAA does not agree with applicant’s proprietary methodology. To must consider all probable malfunctions the commenters suggestion relative to publish a specific demonstration means which will cause the engine to catch complying with §§ 33.94(a) and 33.94(b) would presume the FAA has fire, burst, generate loads greater than in addition to these special conditions. predetermined the composite blade those ultimate loads specified in These special conditions provide safety material property characterization. The § 33.23(a), or lose the capability of being standards which apply to the composite methodology for assessing the fan blade shut down. These special conditions blade design as an alternative to the retention system will be proposed by also require such analyses and tests to requirements of § 33.94. The applicant the applicant, and will be evaluated by show that the failure of the fan blade must demonstrate reliability of the blade the FAA. retention system is not a probable root and the blade retention system. One commenter states that lightning malfunction. Establishment of the One commenter criticizes the test conditions should be specifically maximum stop-start stress cycles for the explanations and logic presented for identified in the special condition. blade retention system is also required justification of these proposed special The FAA disagrees. Existing to assure the structural integrity of the conditions. The commenter cites that regulatory guidance material and blade attachment system. there was insufficient information in the standard industry practices for lightning 7114 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations tests may be used to develop The FAA concluded that the One commenter requests a definition appropriate test criteria. requirements of §§ 33.19 and 33.23 were of ‘‘without failure,’’ with regard to the One commenter suggests that the term adequate and appropriate when applied two times centrifugal load test. ‘‘inner annulus flowpath line’’ be to this design of the GE90 engine, and The FAA definition for ‘‘without substituted for ‘‘inner flowpath no additional special conditions were failure’’ in this context is to demonstrate diameter’’ to eliminate ambiguity of necessary. the blade root is retained within the definition. One commenter suggests that these disk dovetail slot, and that there are no The FAA concurs. The inner annulus special conditions should also address conditions present which would flowpath line provides a better the effects of possible detachment of indicate impending release. description of the flowpath contour those metallic portions of the blade. One commenter suggests relative to because flowpath diameter suggests a The FAA disagrees. These special paragraph (a)(2) of the proposed special line of constant radius. These Final conditions provide an alternative to the conditions, that there is a need for Special Conditions will be revised to release failure location on the blade. explicit reference to consideration of include this term. The metal to composite blade bonding both high cycle and low cycle fatigue One commenter states it is an issue of capability has been addressed through during start stop stress cycles. unnecessary additional risk that, in the tests conducted under 14 CFR part 33. The FAA concurs. The determination absence of full compliance to § 33.94, There were no additional special of the life cycle of the composite fan these proposed special conditions are conditions that are required. blade must include the effects of insufficient in scope and detrimental to One commenter suggests that the text combined high cycle and low cycle aviation safety. of these proposed special conditions fatigue with enhanced load factors. The FAA disagrees. The FAA has paragraph (a), has been mis-compiled. These special conditions will be concluded that upon compliance with The FAA concurs. The intent of the modified to include the requirement for all of the requirements of these special paragraph (a) is to identify the location high cycle and low cycle fatigue tests. conditions, together with additional of the release point for the fan blade One commenter requests clarification testing beyond that typically employed containment test and to prescribe the of the term ‘‘extremely improbable.’’ for metallic blades within the scope of additional safety standards to be For the purpose of these special 14 CFR part 33, an equivalence to the demonstrated. These special conditions conditions, ‘‘extremely improbable’’ safety standard provided in § 33.94 has will be modified by reorganizing refers to the unlikelihood that a failure been achieved and no additional risk paragraph (a) to more clearly express will occur during the engine’s has been assumed. this intent. One commenter states that the most One commenter states that some re- operational life. significant feature of the notice is the wording is also necessary to make it One commenter questions why proposed probability of fan blade clear that the fan blade test must be paragraph (d) of these proposed special retention system failure of ‘‘extremely conducted as a full engine test. conditions is applicable only to the tests improbable’’ is a reduction in severity of The FAA concurs. These special and analyses required by paragraphs the effects of a blade failure. conditions will be modified to (a)(1) and (a)(2) of the proposed special The FAA agrees. The FAA recognizes incorporate this change. conditions. that certain loads associated with a One commenter states that these The effects of in-service deterioration, blade release at the inner annulus special conditions ought to make more manufacturing and material variations, flowpath line may be less than the loads visible how there can be meaningful and environmental effects must be associated with release of a fan blade at confidence in ‘‘extremely improbable’’ accounted for during the centrifugal the outermost retention. Those loads as the assessed probability of fan blade load test and in lifting determinations. imparted to the engine mount system retention system failure if the stress The intent is to determine the effects on based on the inner annulus flowpath levels are not so conservative as to material capability under centrifugal line will be identified in the Engine result in an infinite fatigue life. loads significantly greater than will be Installation Manual. Since there is The FAA disagrees. The intent is to seen in service. Combined high cycle potential for a reduction in certain assure that within the service life of the and low cycle tests will further loads, it is imperative that the blade blade, that the fan blade retention determine the effects on material retention system demonstrates system is not likely to fail due to capability. The blade releases sufficiently improved reliability to manufacturing and material variations, demonstration, however, may or may provide an equivalent level of safety to in-service deterioration, and not be conducted accounting for these that provided by § 33.94. environmental effects. effects. One commenter requested on what One commenter asks how will it be After careful review of the available basis has it been decided that a failure established that any large bird ingestion data, including the comments noted along the inner flowpath line is the most is not a possible cause of fan blade above, the FAA determined that air critical for failures which are not retention system failure, a mode of safety and the public interest require the assessed as being extremely improbable. failure that is likely to be much more adoption of these special conditions as The FAA selected the inner annulus severe than an airfoil only fan blade proposed with the changes as noted flowpath line as the critical location for containment tests. above. blade release based on design, blade The damage effects on the blade Conclusion stresses, and demonstrated fatigue and retention system will be substantiated impact testing. by developmental and certification This action affects only General One commenter states that these testing. It is incumbent upon the Electric Aircraft Engines on Model(s) proposed special conditions make no applicant to demonstrate that the blade GE90–75B/–85B/–76B turbofan engines. mention of the design and construction attachment system is designed to It is not a rule of general applicability requirements of either § 33.19 relating to withstand the affects of an eight pound and affects only the manufacturer who containment design and uncontained bird impact on the blade airfoil, and is applied to the FAA for approval of these blade fragments, or § 33.23 relating to less severe than the effects from fan engines containing this novel or mounting attachments and structure. blade release. unusual design feature. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7115 List of Subjects in 14 CFR Part 33 14 CFR Part 71 Dillingham 295° and Kipnuk, AK 099° radials, to Kipnuk,’’ this amendment is [Airspace Docket No. 94±AAL±4] Air transportation, Aircraft, Aviation the same as that proposed in the notice. safety, Safety. Realignment of G±8, G±10, G±12, R±99, Colored Federal Airways are published The authority citation for these B±27, B±37, V±308, and V±328; AK in paragraphs 6009(a), 6009(b) and special conditions continues to read as 6009(d), respectively, and Alaskan VOR follows: AGENCY: Federal Aviation Federal airways are published in Administration (FAA), DOT. Authority: 49 U.S.C. App. 1354(a), 1421, paragraph 6010(b), of FAA Order ACTION: Final rule. 1423; 49 U.S.C. 106(g); and 14 CFR 11.49 and 7400.9B dated July 18, 1994, and 21.16. SUMMARY: This action will extend effective September 16, 1994, which is incorporated by reference in 14 CFR The Special Conditions Colored Federal Airways G–10 and R– 99 and realign Colored Federal Airway 71.1. The Colored Federal airways and Accordingly, pursuant to the B–37 as a result of the decommissioning the Alaskan VOR Federal airways listed authority delegated to me by the of the Cape Spencer Marine in this document will be published Administrator, the following special Nondirectional Beacon (NDB); revise the subsequently in the Order. conditions are issued as part of the type descriptions of Colored Federal Airways The Rule certification basis for the General G–8, G–12, and B–27; and, as a result of Electric Aircraft Engines Model(s) GE– the decommissioning of the Quinhagak, This amendment to part 71 of the 90–75B/–85B/–76B turbofan engines: AK, Very High Frequency Federal Aviation Regulations extends Omnidirectional Range/Distance (a) In lieu of the fan blade containment test Colored Federal Airways G–10, R–99, Measuring Equipment (VOR/DME), with the fan blade failing at the point and realigns Colored Federal Airway B– realign Federal Airway V–328 and specified in § 33.94(a)(1), conduct the 37 as a result of the decommissioning of following: remove a segment of V–308. In addition, the Cape Spencer Marine NDB. Colored this action will remove ‘‘via INT (1) An engine fan blade containment test ° Federal Airways G–10 and R–99 will be with the fan blade failing at the inner Campbell Lake NDB 032 and extended and will include an extension Skwentna, AK, NDB 111° bearings’’ annulus flowpath line. of G–10 from Woody Island to from Colored Federal Airway G–8. (2) The following must be shown by test Kachemak. King Salmon, AK, NDB was and analyses, or other methods acceptable to These actions will enhance navigation and reduce both pilot and air traffic inadvertently used in the descriptions of the Administrator, that: Colored Federal Airways G–8 and G–12, (i) The disk and fan blade retention system controller workload. and as a result of this rule, Saldo, AK, can withstand without failure a centrifugal EFFECTIVE DATE: 0901 UTC, March 30, NDB will replace King Salmon, AK, load equal to two times the maximum load 1995. NDB. King Salmon, AK, Locator Outer which the engine could experience within FOR FURTHER INFORMATION CONTACT: Marker in the description of B–27 will approved operating limitations, and Norman W. Thomas, Airspace and replace Saldo, AK, NDB. Finally, as a (ii) By a procedure approved by the Obstruction Evaluation Branch (ATP– result of the Quinhagak, AK, VOR/DME Administrator, an operating limitation must 240), Airspace-Rules and Aeronautical be established which specifies the maximum Information Division, Air Traffic Rules being decommissioned, this action will allowable number of start-stop stress cycles and Procedures Service, Federal remove that segment of V–308 between for the fan blade retention system. The stress Aviation Administration, 800 Quinhagak, AK, and Bethel, AK, and cycle shall include the combined effects of Independence Avenue, SW., will realign V–328 between Dillingham, high cycle and low cycle fatigue. The fan AK, and Kipnuk, AK. blade retention system includes the portion Washington, DC 20591; telephone: (202) of the fan blade from the inner annulus 267–9230. The FAA has determined that this flowpath line inward to the blade dovetail, SUPPLEMENTARY INFORMATION: regulation only involves an established the blade retention components and the fan body of technical regulations for which disk and fan blade attachment features. History frequent and routine amendments are (b) It must be shown that the probability On September 27, 1994, the FAA necessary to keep them operationally of fan blade retention system failure, for any proposed to amend part 71 of the current. It, therefore—(1) Is not a cause, during the service life of the engine to Federal Aviation Regulations (14 CFR ‘‘significant regulatory action’’ under be extremely improbable. part 71) to extend Colored Federal Executive Order 12866; (2) is not a (c) It must be shown by test or analysis that Airways G–10 and R–99 and realign ‘‘significant rule’’ under DOT a lightning strike to the composite fan blade Colored Federal Airway B–37 as a result Regulatory Policies and Procedures (44 structure will not result in a hazardous the decommissioning of the Quinhagak, condition, and that the engine will meet the FR 11034; February 26, 1979); and (3) AK, VOR/DME, realign Federal Airway does not warrant preparation of a requirements of § 33.75. V–328 and remove a segment of V–308 (d) The tests and analyses required by regulatory evaluation as the anticipated in Alaska (59 FR 49220). impact is so minimal. Since this is a (a)(2)(i) and (a)(2)(ii) of these special Interested parties were invited to conditions must account for the effects of in- routine matter that will only affect air participate in this rulemaking service deterioration, manufacturing and traffic procedures and air navigation, it proceeding by submitting written material variations, and environmental is certified that this rule will not have comments on the proposal to the FAA. effects. a significant economic impact on a No comments objecting to the proposal Issued in Burlington, Massachusetts, on were received. Except for editorial substantial number of small entities February 1, 1995. changes and the removal of ‘‘via INT under the criteria of the Regulatory James C. Jones, Campbell Lake NDB 032° and Flexibility Act. ° Acting Manager, Engine and Propeller Skwentna, AK, NDB 111 bearings’’ List of Subjects in 14 CFR Part 71 Directorate, Aircraft Certification Service. from Colored Federal Airway G–8, and [FR Doc. 95–2928 Filed 2–2–95; 9:32 am] a change to Federal Airway V–328 from Airspace, Incorporation by reference, BILLING CODE 4910±13±M ‘‘Dillingham, AK, to Kipnuk’’ to ‘‘INT Navigation (air). 7116 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations Adoption of the Amendment NDB; 35 miles 12 AGL, 71 miles 55 MSL, 54 J–113, and to modify several existing jet miles 12 AGL, Hotham, AK, NDB. In consideration of the foregoing, the routes in the Miami, FL, area (59 FR Federal Aviation Administration * * * * * 53764). amends 14 CFR part 71, as follows: B–37 [Revised] Interested parties were invited to From Summer Strait, AK, NDB; Elephant, participate in this rulemaking PART 71Ð[AMENDED] AK, NDB; INT Elephant NDB 272° and Ocean proceeding by submitting written ° 1. The authority citation for part 71 Cape, AK, NDB 139 bearings. comments on the proposal to the FAA. continues to read as follows: * * * * * No comments objecting to the proposal were received. Except for editorial Authority: 49 U.S.C. app. 1348(a), 1354(a), Paragraph 6010(b)—Alaskan VOR Federal changes, this amendment is the same as 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Airways that proposed in the notice. Jet routes 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR * * * * * 11.69. are published in paragraph 2004 of FAA V–308 [Revised] Order 7400.9B dated July 18, 1994, and § 71.1 [Amended] From Bethel, AK; INT Bethel 066° and effective September 16, 1994, which is 2. The incorporation by reference in Sparrevohn, AK, 279° radials; to Sparrevohn. incorporated by reference in 14 CFR 14 CFR 71.1 of the Federal Aviation * * * * * 71.1. The jet routes listed in this Administration Order 7400.9B, Airspace document will be published Designations and Reporting Points, V–328 [Revised] subsequently in the Order. dated July 18, 1994, and effective From Dillingham, AK; INT Dillingham The Rule September 16, 1994, is amended as 295° and Kipnuk, AK, 099° radials; to follows: Kipnuk. This amendment to part 71 of the Paragraph 6009(a)—Green Federal Airways * * * * * Federal Aviation Regulations establishes Issued in Washington, DC, on January 24, * * * * * Jet Routes J–81 and J–113 and modifies 1995. existing jet routes in the Miami, FL, G–8 [Revised] Nancy B. Kalinowski, area. This action is necessary because of From Shemya, AK, NDB, 20 AGL Adak, Acting Manager, Airspace-Rules and the commissioning of the new Virginia AK, NDB; 20 AGL Dutch Harbor, AK, NDB; Aeronautical Information Division. Key, FL, VOR/DME. Commissioning of 20 AGL INT Dutch Harbor NDB 041° and [FR Doc. 95–2735 Filed 2–6–95; 8:45 am] the Virginia Key, FL, VOR/DME ° Elfee, AK, NDB 253 bearings; 20 AGL Elfee BILLING CODE 4910±13±P necessitated the realignment of existing NDB; 20 AGL Saldo, AK, NDB; INT Saldo routes. Two new jet routes are NDB 054° and Kachemak, AK, NDB 269° established to provide additional bearings, to Kachemak NDB. From Campbell 14 CFR Part 71 Lake, AK, NDB; Glenallen, AK, NDB; INT support for air traffic operations in the Glenallen NDB 052° and Nabesna, AK, NDB [Airspace Docket No. 94±ASO±17] Miami area. 252° bearings; Nabesna NDB. The FAA has determined that this * * * * * Establishment and Alteration of Jet regulation only involves an established Routes G–10 [Revised] body of technical regulations for which frequent and routine amendments are From Cape Newnham, AK, NDB; St. Paul AGENCY: Federal Aviation Island, AK, NDB; Elfee, AK, NDB, 20 AGL Administration (FAA), DOT. necessary to keep them operationally INT Elfee NDB 041° and Port Heiden, AK, ACTION: Final rule. current. It, therefore—(1) Is not a NDB 248° bearings; 20 AGL Port Heiden ‘‘significant regulatory action’’ under NDB; 67 miles 12 AGL, 77 miles 85 MSL, 67 SUMMARY: This amendment establishes Executive Order 12866; (2) is not a miles 12 AGL, Woody Island, AK, NDB; to new jet routes and modifies existing jet ‘‘significant rule’’ under DOT Kachemak, NDB. routes in the Miami, FL, area. This Regulatory Policies and Procedures (44 * * * * * action is necessary because of the FR 11034; February 26, 1979); and (3) G–12 [Revised] commissioning of the Virginia Key, FL, does not warrant preparation of a Very High Frequency Omnidirectional regulatory evaluation as the anticipated From Saldo, AK, NDB; Port Heiden, AK, Range and Distance Measuring impact is so minimal. Since this is a NDB; Borland, AK, NDB; to Elfee, AK, NDB. Equipment (VOR/DME). routine matter that will only affect air * * * * * EFFECTIVE DATE: 0901 UTC, March 30, traffic procedures and air navigation, it Paragraph 6009(b)—Red Federal Airways 1995. is certified that this rule will not have * * * * * FOR FURTHER INFORMATION CONTACT: a significant economic impact on a substantial number of small entities R–99 [Revised] Patricia P. Crawford, Airspace and Obstruction Evaluation Branch (ATP– under the criteria of the Regulatory From St. Paul Island, AK, NDB; Dutch 240), Airspace-Rules and Aeronautical Flexibility Act. Harbor, AK, NDB; Saldo, AK, NDB; Iliamna, AK, NDB; INT Iliamna NDB 124° and Information Division, Air Traffic Rules The original airspace docket was Kachemak, AK, NDB 269° bearings; to and Procedures Service, Federal submitted to the Department of Defense Kachemak. Aviation Administration, 800 and the Department of State in * * * * * Independence Avenue, SW., accordance with Executive Order 10854. Washington, DC 20591; telephone: (202) The application of International Civil Paragraph 6009(d)—Blue Federal Airways 267–9255. Aviation Organization (ICAO) * * * * * International Standards and SUPPLEMENTARY INFORMATION: B–27 [Revised] Recommended Practices will not be History affected by this action. From Woody Island, AK, NDB, 50 miles 12 AGL, 50 miles 95 MSL, 53 miles 12 AGL, On October 26, 1994, the FAA List of Subjects in 14 CFR Part 71 Saldo, AK, NDB; 51 miles 12 AGL, 84 miles proposed to amend part 71 of the 70 MSL, 63 miles 12 AGL, Oscarville, AK, Federal Aviation Regulations (14 CFR Airspace, Incorporation by reference, NDB; St. Marys, AK, NDB; Fort Davis, AK, part 71) to establish Jet Routes J–81 and Navigation (air). Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7117 Adoption of the Amendment Florence 003° and Raleigh-Durham, NC, 224° DEPARTMENT OF HEALTH AND radials; Raleigh-Durham; INT Raleigh- HUMAN SERVICES In consideration of the foregoing, the ° ° Federal Aviation Administration Durham 035 and Hopewell, VA, 234 radials; Hopewell; to INT Hopewell 030° and Social Security Administration amends 14 CFR part 71, as follows: Nottingham, MD, 174° radials. From Sea Isle, PART 71Ð[AMENDED] NJ; INT Sea Isle 050° and Hampton, NY, 223° 20 CFR Part 422 radials; Hampton; Providence, RI; Boston, RIN 0960±AD45 1. The authority citation for part 71 MA; Kennebunk, ME; Presque Isle, ME; to continues to read as follows: Mont Joli, PQ, Canada, excluding the portion Organization and Procedures; Authority: 49 U.S.C. app. 1348(a), 1354(a), within Canada. Procedures of the Office of Hearings 1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959– * * * * * and Appeals; Authority of Appeals 1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR Officers To Deny a Request for 11.69. J–73 (Revised) Appeals Council Review ° § 71.1 [Amended] From Miami, FL, INT Miami 313 and LaBelle, FL, 137° radials; LaBelle; Lakeland, AGENCY: Social Security Administration, 2. The incorporation by reference in FL; Tallahassee, FL; La Grange, GA; HHS. 14 CFR 71.1 of the Federal Aviation Nashville, TN; Pocket City, IN; to ACTION: Final rule. Administration Order 7400.9B, Airspace Northbrook, IL. Designations and Reporting Points, SUMMARY: This final rule amends our * * * * * dated July 18, 1994, and effective regulations on the organization and September 16, 1994, is amended as J–81 (New) procedures of the Appeals Council to follows: From Miami, FL; INT Miami 020° and authorize Appeals Officers, as well as Paragraph 2004—Jet Routes Pahokee, FL, 157° radials; Pahokee; INT members of the Appeals Council, to * * * * * Pahokee 342° and Orlando, FL, 162° radials; deny a request for review of a decision Orlando; Cecil; INT Cecil 007° and Craig, FL, by an Administrative Law Judge (ALJ) in J–20 (Revised) 347° radials; INT Craig 347° and Colliers, SC, cases in which denying the request for From Seattle, WA, via Yakima, WA; 174°, radials; Colliers. review gives the parties to the ALJ Pendleton, OR; Donnelly, ID; Pocatello, ID; decision a right to seek judicial review Rock Springs, WY; Denver, CO; Kiowa, CO; * * * * * ° of that decision. Lamar, CO; Liberal, KS; INT Liberal 137 and J–85 (Revised) Will Rogers, OK, 284° radials; Will Rogers; EFFECTIVE DATE: This final rule is ° Belcher, LA; Jackson, MS; Montgomery, AL; From Miami, FL; INT Miami 332 and effective February 7, 1995. ° Meridian, MS; Tallahassee, FL; INT Gainesville, FL, 157 radials; Gainesville; FOR FURTHER INFORMATION CONTACT: Lois Tallahassee 129° and Orlando, FL, 306° Taylor, FL; Alma, GA; Colliers, SC; Berg, Paralegal Specialist, 3–B–1 ° radials; Orlando; INT Orlando 140 and Spartanburg, SC; Charleston, WV; INT of the Operations Building, 6401 Security ° ° ° Virginia Key, FL, 344 radials; Virginia Key. Charleston 357 and the DRYER, OH, 172 Boulevard, Baltimore, Maryland 21235, * * * * * radials; DRYER. The portion within Canada (410) 965–1713. For information on is excluded. J–43 (Revised) eligibility or claiming benefits, call our From Miami, FL, INT Miami 313° and J–86 (Revised) national toll-free number, 1–800–772– ° LaBelle, FL, 137 radials; LaBelle; St. From Boulder City, NV, via Peach Springs, 1213. Petersburg, FL; Tallahassee, FL; Atlanta, GA; AZ; Winslow, AZ; El Paso, TX; Fort Stockton, SUPPLEMENTARY INFORMATION: Volunteer, TN; Falmouth, KY; Rosewood, TX; Junction, TX; Austin, TX; Humble, TX; OH; Carleton, MI; to Sault Ste. Marie, MI. Background Leeville, LA; INT of Leeville 104° and * * * * * Sarasota, FL, 286° radials; Sarasota; INT of We are amending § 422.205 of our J–45 (Revised) Sarasota 103° and La Belle, FL, 313° radials; regulations to authorize Appeals ° From Virginia Key, FL, INT 014° and Vero La Belle; INT La Belle 137 and Miami, FL, Officers, as well as members of the ° Beach, FL, 143° radial; Vero Beach; INT Vero 313 radials; to Miami. Appeals Council, to decide whether to Beach 330° and Ormond Beach, FL, 183° * * * * * deny a request for review of an ALJ radials; Ormond Beach; Craig, FL; Alma, GA; decision and thereby make the decision Macon, GA; Atlanta, GA; Nashville, TN; St J–113 (New) subject to judicial review under section Louis, MO; Des Moines, IA; Sioux Falls, SD; From Virginia Key, FL, INT Virginia Key 205(g) of the Social Security Act (the to Aberdeen, SD. 344° and Craig, FL, 168° radials; Craig. Act). * * * * * * * * * * Part 422 of 20 CFR provides J–53 (Revised) Issued in Washington, DC, on January 26, information regarding the organization and procedures of the Social Security From Miami, FL; INT Miami 020° and 1995. Pahokee, FL, 157° radials; Pahokee; INT Nancy B. Kalinowski, Administration (SSA). Subpart C of Part ° ° 422 describes the procedures of the Pahokee 342 and Orlando, FL, 162 radials; Acting Manager, Airspace-Rules and Orlando; Craig, FL; INT Craig 347° and Office of Hearings and Appeals (OHA). Aeronautical Information Division. Colliers, SC, 174° radials; Colliers; Section 422.205 describes the Spartanburg, SC; Pulaski, VA; INT of Pulaski [FR Doc. 95–2737 Filed 2–6–95; 8:45 am] organization and functions of the 015° and Ellwood City, PA, 177° radials; to BILLING CODE 4910±13±P Appeals Council, a part of OHA. Ellwood City. By direct delegation of authority from * * * * * the Secretary of Health and Human J–55 (Revised) Services (the Secretary), the Appeals Council is authorized to review hearing From Miami, FL; INT Miami 332° and Gainesville, FL, 157°, radials; INT Gainesville decisions and orders of dismissal issued 157° and Craig, FL, 192°, radials; Craig; INT by SSA’s ALJs. Through the exercise of Craig 004° and Savannah, GA, 197° radials; this authority, the Appeals Council is Savannah; Charleston, SC; Florence, SC; INT responsible for ensuring that the final 7118 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations decisions of the Secretary involving and title XVI of the Act that the Appeals Appeals Officers presently assist AAJs benefits under Titles II, XI, XVI and Council will review. Those sections in considering recommendations made XVIII of the Act and Part B of title IV provide that the Appeals Council will by the Council’s support staff in OHA’s of the Federal Mine Safety and Health review a case if the action, findings or Office of Appellate Operations. Appeals Act of 1977, as amended, are proper and conclusions of the ALJ are not Officers, who are attorneys, also act as in accordance with the law, regulations, supported by substantial evidence; there the AAJs’ staff attorneys, researching and binding agency policy established is an error of law; or there appears to be and providing legal memoranda on in Social Security Rulings and an abuse of discretion by the ALJ. Those issues arising from cases that come to Acquiescence Rulings. sections also provide that the Appeals the attention of the Appeals Council. Currently, 22 Appeals Council Council will review a case that presents However, because the Appeals Officers members, hereinafter referred to as a broad policy or procedural issue that do not have authority under our existing either ‘‘Administrative Appeals Judges may affect the general public interest. regulations to carry out any of the (AAJs)’’ or ‘‘members,’’ comprise the The same standards apply to determine decisionmaking responsibilities of the membership of the Appeals Council. if the Appeals Council will review a AAJs, one or more AAJs must make The Associate Commissioner for OHA is case under titles XI and XVIII of the Act these decisions. the Chair of the Appeals Council and is and under Part B of title IV of the Research we have supported since we the administrative officer directly Federal Mine Safety and Health Act of established the Appeals Officer position responsible to the Commissioner of 1977, as amended. has persuaded us that if the Appeals Social Security for carrying out OHA’s Over the years, there have been Officers are authorized to assume some mission of holding ALJ hearings and questions about the functions and of the responsibilities of the AAJs, the deciding appeals. Each AAJ, other than operations of the Appeals Council. AAJs will be able to focus more of their the Chair, is assisted by an Appeals Some commenters have questioned the attention on cases that present broad Officer who presently serves as a legal usefulness of review by the Appeals policy or procedural issues. In a report clerk. Organizationally, Appeals Council. Several studies have addressed commissioned by ACUS in 1989 (Report Officers are a part of the Appeals the role of the Appeals Council, and Recommendations on the Social Council. resulting in many recommendations for Security Administration’s The Appeals Council considers improving the Council’s structure and Administrative Appeals Process), appeals under titles II, XI, XVI, and operations. Professor Frank S. Bloch discussed the XVIII of the Act, and under Part B of Appeals Council’s workload and stated title IV of the Federal Mine Safety and In its Recommendation 87–7: A New that the Council could not be expected Health Act of 1977, as amended. The Role for the Social Security Appeals to assume a meaningful review function regulations setting forth the Council (adopted December 18, 1987), responsibilities of the Appeals Council the Administrative Conference of the for all claims that might be presented to appear in 20 CFR Part 404 (Subpart J, United States (ACUS) concluded that it. One of the recommendations in the §§ 404.967 et seq.), Part 410 (Subpart F, the high volume of work of the Council report was that the Appeals Council be §§ 410.657 et seq.), Part 416 (Subpart N, (up to 500 cases per member per month) authorized ‘‘to use staff or lower level §§ 416.1467 et seq.), and 42 CFR Part precluded it from detecting emerging Council members to deny a request for 405 (Subpart G, §§ 405.701(c) and problems, identifying new issues to be review, and limit the review of cases by 405.724, and Subpart H, § 405.815), Part resolved, and identifying and the Appeals Council to those raising 417 (Subpart Q, § 417.634), and Part 473 developing needed policies. ACUS significant policy issues.’’ See (Subpart B, §§ 473.46 and 473.48(b)). recommended that the Secretary and Recommendation No. 12. These regulations provide that after an SSA restructure the Appeals Council in To complete the changes we ALJ has issued a decision or dismissed ‘‘a fashion that redirects the institution’s contemplated when we established the a request for a hearing, the Appeals goals and operations from an exclusive Appeals Officer position, we are Council may review a case on its own focus on processing the stream of amending § 422.205 to authorize motion or at the request of a party to the individual cases and toward an Appeals Officers, as well as AAJs, to hearing decision or dismissal. The emphasis on improved organizational deny a request for Appeals Council Council may deny or dismiss a party’s effectiveness’’ (1 CFR 305.87–7). To this review of a hearing decision by an ALJ request for review, or it may grant the end, ACUS recommended that ‘‘the in any case in which the Act would request and either issue a decision or Appeals Council should be provided the provide an opportunity for judicial remand the case to an ALJ. If the authority to reduce significantly its review of such hearing decision Appeals Council denies a request for caseload and also be given, as its following a denial of a request for review of a decision by an ALJ, the principal mandate, the responsibility to Appeals Council review. Because an ALJ’s decision becomes a final decision recommend and, where appropriate, ALJ’s dismissal of a request for a hearing of the Secretary subject to judicial develop and implement adjudicatory is not subject to judicial review, AAJs review under the provisions of section principles and decisional standards for alone will continue to decide whether to 205(g) of the Act except when judicial the disability determination process.’’ grant or deny a request for review of a review is precluded in certain Medicare ACUS also recommended that the hearing dismissal. For the same reason, cases. If the Appeals Council grants a agency enhance the status of the only AAJs will be empowered to request for review and issues a decision, Appeals Council and provide law clerks exercise the Council’s authority to that decision also becomes a final to its members. dismiss a request for review or refuse a decision of the Secretary subject to To address the workload problems request to reopen a decision of an ALJ judicial review under section 205(g) of ACUS discussed in its recommendation, or the Appeals Council. The AAJs also the Act except in certain Medicare SSA decided, in 1988, to add Appeals retain exclusive authority to grant a cases. Officers to the Council to enable the request for review of a hearing decision Sections 404.970 and 416.1470 of 20 members to focus their attention on the or a dismissal, to decide to review a case CFR describe cases involving Social more complex and significant cases, on the Appeals Council’s own motion, Security and supplemental security including those cases presenting to remand a case to an ALJ, or to issue income benefits payable under title II important policy or procedural issues. a final decision. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7119 In exercising the authority provided add a step to the process in instances in effectiveness’’ seems to imply that the to them under the final rule, the which the Appeals Officer decides not desired outcome is more denials of Appeals Officers will be required to to deny a request for review and an AAJ review. The commenter believed this apply the same criteria as the AAJs in must then decide whether to deny or change would occur in the context of a determining whether to deny a request grant review. The commenter perceived situation in which the number of for review. The Appeals Officers will this as an additional step that could Medicare cases the Council can consider apply the standards set forth in actually add more time to the process is already limited by standards §§ 404.970 and 416.1470, which specify and suggested that if the proposed rule concerning the monetary amounts at when the Appeals Council will review were adopted, there should be time issue. a case, in deciding the appropriate limits within which Appeals Officers The commenter was concerned that if action. The Appeals Officers will must make their decisions. the Appeals Council reviews fewer continue to receive guidance, direction Response: We are not making this cases, the proposed rule would have a and supervision from the AAJs, suggested change. We believe the significant, adverse impact on low-and- including instructions as to specific modified process involves no additional moderate income Medicare issues or kinds of cases requiring the step, even in the situation of concern to beneficiaries, limiting some to seeking attention of the AAJ. the commenter, and that the process relief through court actions they cannot While an Appeals Officer will have will expedite disposition of the Appeals afford and denying others any further authority to deny a request for review of Council’s workload. opportunity to pursue relief (because an ALJ decision, he or she also may Under the regulations as amended by the access of Medicare beneficiaries to refer a case to an AAJ with a this final rule, AAJs will receive cases district court review is restricted by recommendation if the case involves to consider for possible review in two monetary minimums on the amount in complex factual issues or complicated ways. As in the past, where an analyst controversy). The commenter interpretative issues of law and/or believes a case should be reviewed recommended requiring that an AAJ regulation. In addition, the analysts in under the applicable standards, the consider all cases in which judicial OHA’s Office of Appellate Operations analyst will submit a recommendation review would not be possible because of for review directly to an AAJ for will submit all recommendations to the amount at issue, noting that this disposition. In addition, where an grant review directly to the AAJs for change would not address the concern analyst recommends denial of review disposition. about court costs prohibiting additional We believe that the amendment of and the Appeals Officer believes that appeals. § 422.205, which will provide Appeals the Council should review the case, or Officers a specific and limited authority, that an AAJ should consider the case for Response: As discussed in our will allow the Appeals Council to give possible review, the Appeals Officer response to the prior comment, we the public a more timely response to will submit the case to an AAJ with a believe the modified process will their requests for review, increase the recommendation. increase the capacity of the Appeals ability of the AAJs to carry out their Under the regulation in effect prior to Council to identify and review ALJ important function of providing review the publication of this final rule, AAJs decisions that should be reviewed of many ALJ decisions, and improve the were required to consider all the cases pursuant to the applicable regulatory quality and efficiency of the service the in which analysts recommended denial standards. The intent of the revised Appeals Council is able to provide. The of review in an effort to identify those process provided for in the final rule is revised process will expedite bringing in which review might be appropriate to increase the Appeals Council’s the ‘‘close cases,’’ which are normally notwithstanding the analyst’s organizational effectiveness by more complex, to the attention of the recommendation to the contrary. Under increasing its capacity to identify and AAJs and also allow the AAJs to focus the final rule, the AAJs will focus their review ALJ decisions that should be on cases raising significant issues. attention on cases in which analysts reviewed, including, but not limited to, recommend review and those additional those that present important policy or Public Comments on the Proposed Rule cases that Appeals Officers decide procedural issues. The revised process We published a proposed rule to should be brought to their attention. should reduce the number of amend § 422.205 with a Notice of Where the Appeals Officer refers a case, individuals who must file civil actions Proposed Rulemaking (NPRM) in the the issues in it will be focused for the to obtain relief. Federal Register on January 10, 1994, 59 AAJ by virtue of the recommendations An individual’s right to an ALJ FR 1363. We provided interested of the analyst and the Appeals Officer. hearing in a Medicare case is persons and organizations 60 days to Thus, as we stated earlier in this contingent, in part, on whether or not comment. A correction to the preamble preamble and in the preamble to the the claim or claims at issue meet the to the proposed rule was subsequently NPRM, we believe that the revised amount in controversy requirements set published on March 16, 1994, 59 FR process will expedite the bringing of forth in the Act. There are, however, no 12211. We received two comments on ‘‘close cases’’ to the attention of the monetary thresholds that limit the the proposed rule from a single AAJs and increase their ability to carry Appeals Council’s authority to consider commenter, a legal services organization out the important function of reviewing reviewing a decision or dismissal issued that represents Medicare beneficiaries. many ALJ decisions, while also by an ALJ on a Medicare claim. For We have carefully considered the allowing the Appeals Council to deny or example, if an ALJ dismisses a request comments and the changes proposed by grant the public’s requests for review for hearing because the amount in the commenter. As discussed below, we more promptly. controversy requirement has not been have adopted one of the changes Comment: The commenter also met, a party may request the Appeals recommended by the commenter in the thought that the number of cases denied Council to review and vacate the final rule. review could increase because the only dismissal action. If the request for Comment: The commenter believed action the Appeals Officers could take hearing should not have been dismissed that the proposed rule would result in would be to deny requests for review, under the applicable standards, the some cases being processed more and because the goal of increasing the Council will grant the request for review quickly, but also thought that it would Appeals Council’s ‘‘organizational and vacate the hearing dismissal. 7120 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations We are adopting in the final rule the that sentence in the final regulation to Miners; and 93.807 Supplemental Security commenter’s recommendation to require state: ‘‘The denial of a request for review Income.) AAJs to consider all requests for of a hearing dismissal, the dismissal of List of Subjects in 20 CFR Part 422 Appeals Council review in cases in a request for review, the denial of a which judicial review would be request for review of a hearing decision Administrative Practice and precluded by the monetary amount at whenever such hearing decision after Procedure, Freedom of Information, issue. This change from the proposed such denial would not be subject to Organization and Functions rule is consistent with our overall judicial review as explained in (government agencies), Social Security, intent, which is to empower Appeals § 422.210(a), or the refusal of a request Reporting and recordkeeping Officers to deny requests for review of to reopen a hearing or Appeals Council requirements. hearing decisions when such action decision concerning a determination results in a final decision on which the under § 422.203(a)(1) shall be by such Dated: November 10, 1994. claimant has a right to seek judicial member or members of the Appeals Shirley Chater, review under section 205(g) of the Act. Council as may be designated in the Commissioner of Social Security. To adopt this recommendation, we are manner prescribed by the Chair or making a change in the final rule to Deputy Chair.’’ Approved: January 31, 1995. specify an additional category of cases Donna E. Shalala, Regulatory Procedures in which the authority to deny a request Secretary of Health and Human Services. for review will remain exclusively with Executive Order No. 12866 the AAJ. For the reasons set out in the The change we are making in the final We have consulted with the Office of preamble, we are amending Part 422 of rule, see below, reserves to the AAJs Management and Budget (OMB) and Chapter III of Title 20 of the Code of exclusive authority to deny a request for determined that this rule does not meet Federal Regulations as follows: review of an ALJ hearing decision in the criteria for a significant regulatory any case in which the Secretary’s final action under Executive Order 12866. PART 422ÐORGANIZATION AND decision after an ALJ hearing is not Thus, the rule is not subject to OMB PROCEDURES subject to judicial review. Such cases review. 1. The authority citation for Subpart are identified in § 422.210(a) and Regulatory Flexibility Act include cases under title XI as well as C continues to read as follows: cases under title XVIII. We generally prepare a regulatory Authority: Secs. 205, 221, 1102, 1869, and There is no right to judicial review flexibility analysis that is consistent 1871 of the Social Security Act; 42 U.S.C. under section 205(g) of the Act where with the Regulatory Flexibility Act 405, 421, 1302, 1395ff, and 1395hh; sec. the Appeals Council denies a party’s (RFA) (5 U.S.C. 601 through 612) unless 413(b) of the Federal Mine Safety and Health request that the Council review and the Secretary certifies that a rule will Act of 1977; 30 U.S.C. 923(b). vacate an ALJ’s dismissal of a request not have a significant economic impact for a hearing (because there is no final on a substantial number of small 2. Section 422.205 is amended by decision of the Secretary after an ALJ entities. Individuals are not included in revising paragraph (c) to read as follows: hearing in these instances). Where a the definition of a small entity. request for a hearing is dismissed based However, for the purposes of the RFA, § 422.205 Review by Appeals Council. on application of a monetary minimum we consider the majority of Medicare * * * * * and the Council denies a request for providers, physicians and suppliers to (c) The denial of a request for review review, the monetary minimum be small entities. of a hearing decision concerning a effectively precludes judicial review. Inasmuch as the final rule does not The final rule, like the proposed rule, determination under § 422.203(a)(1) alter the standards for Appeals Council shall be by such appeals officer or addresses the commenter’s concerns review, we believe that it will have regarding the exercise of the Council’s appeals officers or by such member or little, if any, effect on providers, members of the Appeals Council as may authority to deny a request for review in physicians and suppliers which request be designated in the manner prescribed such cases since it provides that only Appeals Council review of Medicare by the Chair or Deputy Chair. The AAJs will have authority to deny a claims. Accordingly, we have request for review of an ALJ dismissal determined, and the Secretary certifies, denial of a request for review of a of a request for a hearing. that this final rule will not result in a hearing dismissal, the dismissal of a request for review, the denial of a Change in the Final Rule significant economic impact on a substantial number of small entities. request for review of a hearing decision After considering the comments on Therefore, we have not prepared an RFA whenever such hearing decision after the NPRM, we are publishing a final analysis. such denial would not be subject to rule that differs in one respect from the judicial review as explained in proposed rule. The second sentence of Paperwork Reduction Act § 422.210(a), or the refusal of a request § 422.205(c) as proposed stated: ‘‘The This regulation imposes no new to reopen a hearing or Appeals Council denial of a request for review of a reporting or recordkeeping requirements decision concerning a determination hearing dismissal, the dismissal of a requiring OMB clearance. under § 422.203(a)(1) shall be by such request for review, or the refusal of a member or members of the Appeals request to reopen a hearing or Appeals (Catalog of Federal Domestic Assistance Council as may be designated in the Council decision concerning a Program Nos. 93.773 Medicare-Hospital determination under § 422.203(a)(1) Insurance; 93.774 Medicare-Supplementary manner prescribed by the Chair or Medical Insurance; 93.802 Social Security- Deputy Chair. shall be by such member or members of Disability Insurance; 93.803 Social Security- the Appeals Council as may be Retirement Insurance; 93.804 Social Security- * * * * * designated in the manner prescribed by Special Benefits for Persons Age 72 and Over; [FR Doc. 95–2946 Filed 2–6–95; 8:45 am] the Chair or Deputy Chair.’’ For the 93.805 Social Security-Survivors Insurance; BILLING CODE 4190±29±P reasons discussed above, we are revising 93.806 Special Benefits for Disabled Coal Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7121 Food and Drug Administration Dated: January 31, 1995. authority delegated to the Commissioner George A. Mitchell, of Food and Drugs and redelegated to 21 CFR Part 510 Director, Office of Surveillance and the Center for Veterinary Medicine, 21 Compliance, Center for Veterinary Medicine. CFR part 558 is amended as follows: Animal Drugs, Feeds, and Related [FR Doc. 95–2992 Filed 2–6–95; 8:45 am] PART 558ÐNEW ANIMAL DRUGS FOR Products; Change of Sponsor Address BILLING CODE 4160±01±F USE IN ANIMAL FEEDS AGENCY: Food and Drug Administration, HHS. 1. The authority citation for 21 CFR 21 CFR Part 558 part 558 continues to read as follows: ACTION: Final rule. New Animal Drugs for Use in Animal Authority: Secs. 512, 701 of the Federal Feeds; Tylosin Food, Drug, and Cosmetic Act (21 U.S.C. SUMMARY: The Food and Drug 360b, 371). Administration (FDA) is amending the AGENCY: Food and Drug Administration, 2. Section 558.625 is amended by animal drug regulations to reflect a HHS. revising paragraph (b)(10) to read as change of sponsor address for ACTION: Final rule. follows: Bioproducts, Inc. SUMMARY: The Food and Drug § 558.625 Tylosin. EFFECTIVE DATE: February 7, 1995. Administration (FDA) is amending the * * * * * FOR FURTHER INFORMATION CONTACT: animal drug regulations to reflect (b) * * * Judith M. O’Haro, Center for Veterinary approval of a supplemental new animal (10) To 012286: 0.4, 0.8, and 1.6 Medicine (HFV–238), Food and Drug drug application (NADA) filed by grams per pound, paragraph (f)(1)(vi)(a) Administration, 7500 Standish Pl., Premiere Agri Technologies, Inc., of this section; 20, 40, and 100 grams Rockville, MD 20855, 301–594–1737. providing for making a 20-gram-per- per pound, paragraphs (f)(1)(i) through pound (g/lb) tylosin Type A medicated (f)(1)(vi) of this section. SUPPLEMENTARY INFORMATION: article in addition to existing approvals * * * * * Bioproducts, Inc., has informed FDA of for 40- and 100-g/lb Type A medicated a change of address from 8221 articles. Dated: January 11, 1995. Brecksville Rd., Cleveland, OH 44141, EFFECTIVE DATE: February 7, 1995 Andrew J. Beaulieau, to 320 Springside Dr., suite 300, FOR FURTHER INFORMATION CONTACT: Deputy Director, Office of New Animal Drug Fairlawn, OH 44333–2435. Accordingly, David R. Newkirk, Center for Veterinary Evaluation, Center for Veterinary Medicine. the agency is amending the regulations Medicine (HFV–142), Food and Drug [FR Doc. 95–2990 Filed 2–6–95; 8:45 am] in 21 CFR 510.600(c)(1) and (c)(2) to Administration, 7500 Standish Pl., BILLING CODE 4160±01±F reflect the new address. Rockville, MD 20855, 301–594–1700. List of Subjects in 21 CFR Part 510 SUPPLEMENTARY INFORMATION: Premiere Agri Technologies, Inc. (Premiere), P.O. DEPARTMENT OF TRANSPORTATION Administrative practice and Box 2508, Fort Wayne, IN 46801–2508, procedure, Animal drugs, Labeling, filed a supplement to NADA 91–582 Coast Guard Reporting and recordkeeping (formerly sponsored by Central Soya 33 CFR Part 117 requirements. Co., Inc.) that provides for making a new Therefore, under the Federal Food, 20-g/lb tylosin Type A medicated article [CGD02±94±016] Drug, and Cosmetic Act and under used to make Type C medicated feeds RIN 2115±AE47 authority delegated to the Commissioner for cattle, chickens, and swine for use as of Food and Drugs and redelegated to in § 558.625(f)(1)(i) through (f)(1)(vi) (21 Drawbridge Operation Regulation; Red the Center for Veterinary Medicine, 21 CFR 558.625(f)(1)(i) through (f)(1)(vi)). River, AR CFR part 510 is amended as follows: Premiere currently has approval for 40- and 100-g/lb Type A medicated articles. AGENCY: Coast Guard, DOT. PART 510ÐNEW ANIMAL DRUGS The supplemental NADA is approved ACTION: Final rule. and the regulations are amended in SUMMARY: The Coast Guard is separating 1. The authority citation for 21 CFR § 558.625(b)(10) to reflect the approval. the regulations governing drawbridges part 510 continues to read as follows: Approval of this supplemental NADA is an administrative action that did not on the Red River into two sections, one Authority: Secs. 201, 301, 501, 502, 503, require the generation of new safety or for Louisiana and one for Arkansas. 512, 701, 721 of the Federal Food, Drug, and effectiveness data. Therefore, a freedom Currently, the entire length of the Red Cosmetic Act (21 U.S.C. 321, 331, 351, 352, of information summary is not required River in both Arkansas and Louisiana in 353, 360b, 371, 379e). for this action. regulated in one CFR Section. The completion of U.S. Army Corps of § 510.600 [Amended] The agency has determined under 21 CFR 25.24(d)(1)(iii) that this action is of Engineer projects at locks and dams 4 2. Section 510.600 Names, addresses, a type that does not individually or and 5 in December 1994 is expected to and drug labeler codes of sponsors of cumulatively have a significant effect on result in an increase of commercial approved applications is amended in the human environment. Therefore, traffic on the Red River in Louisiana, the table in paragraph (c)(1) in the entry neither an environmental assessment necessitating a change in drawbridge for ‘‘Bioproducts, Inc.,’’ and in the table nor an environmental impact statement openings only for the portion of the in paragraph (c)(2) in the entry for is required. river flowing in Louisiana. This ‘‘051359’’ by removing ‘‘8221 amendment allows the drawbridge on Brecksville Rd., Cleveland, OH 44141’’ List of Subjects in 21 CFR Part 558 the Red River in Louisiana and and adding in its place ‘‘320 Springside Animal drugs, Animal feeds. Arkansas to be regulated under separate Dr., suite 300, Fairlawn, OH 44333– Therefore, under the Federal Food, CFR sections but makes no substantive 2435’’. Drug, and Cosmetic Act and under the changes to the regulations for 7122 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations drawbridges over the Red River in Regulatory Evaluation Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 Arkansas. CFR 1.05–1(g); section 117.255 also issued This rule is not significant regulatory under the authority of Pub. L. 102–587, 106 EFFECTIVE DATE: This rule is effective on action under 3(f) of Executive Order Stat. 5039. February 7, 1995. 12866 and does not require an assessment of potential cost and benefits 2. Section 117.135 is revised to read FOR FURTHER INFORMATION CONTACT: under section 6(a)(3) of that order. It has as follows: Roger K. Wiebusch, Bridge been exempted from review by the § 117.125 Red River. Administrator, Second Coast Guard Office of Management and Budget under District, (314) 539–3724. that order. It is not significant under the The draws of the bridges above Mile 276.0 at the Arkansas Louisiana border, SUPPLEMENTARY INFORMATION: This regulatory policies and procedures of the Department of Transportation (DOT) need not be open for the passage of rulemaking is procedural in that it vessels. changes the location in the CFR of (44 FR 11040; February 26, 1979). The Dated: January 23, 1995. existing regulations, but does not Coast Guard expects the economic substantively change the requirements impact of this rule to be so minimal that Paul M. Blayney, a full Regulatory Evaluation under of these regulations. Therefore, under Rear Admiral, U.S. Coast Guard, Commander, paragraph 10e of the regulatory policies Second Coast Guard District. the provisions of 5 U.S.C. 553(b)(3), and procedures of DOT is unnecessary. notice and an opportunity to comment [FR Doc. 95–2995 Filed 2–6–95; 8:45 am] is not required and this rule may be Small Entities BILLING CODE 4910±14±M made effective upon publication. The Coast Guard finds that the impact Drafting Information on small entities, if any, is not 33 CFR Part 117 substantial. Therefore, the Coast Guard The principal persons involved in certifies under 605(b) of the Regulatory [CGD08±94±026] drafting this document are Roger K. Flexibility Act (5 U.S.C. 601 et seq.) that RIN 2115±AE47 Wiebusch, Project Officer, Bridge this rule will not have a significant Branch, and LT S. Moody, Project economic impact on a substantial Drawbridge Operation Regulation; Red Attorney, Second Coast Guard District number of small entities. River, LA Legal Office. Collection of Information AGENCY: Coast Guard, DOT. Discussion of Change This rule contains no collection of ACTION: Final rule. The Red River flows through both the information requirements under the states of Louisiana and Arkansas. The Paperwork Reduction Act (44 U.S.C. SUMMARY: With the completion of locks drawbridges over the Red River in both 3501 et seq.). and dams 4 and 5 in December 1994 by the U.S. Army Corps of Engineers, the states have been regulated in one CFR Federalism section, § 117.35, which was cross Red River will be open for commercial The Coast Guard has analyzed this referenced in § 117.491. This rule, navigation in late January 1995. At rule in accordance with the principles together with a separate rule revising present, all bridges up to mile 177.9 and criteria contained in Executive § 117.491 (CGD08–94–026), concerning must open on signal with at least 48- Order 12612 and has determined that the drawbridges over the Red River in hours advance notice. The continuation this rule does not have sufficient Louisiana separates the regulation of the of such a rule would severely restrict federalism implications to warrant drawbridges over the Red River by state. the movement of prospective preparation of a Federalism Assessment. commercial navigation on the waterway As a result of the completion of locks Environment and would create a burden on the bridge and dams 4 and 5 in December 1994 by owners. This final rule changes the the U.S. Army Corps of Engineers, the The Coast Guard has reviewed the regulation governing the operation of six Red River will open for commercial environmental impact of this rule and drawbridges across the Red River navigation in late January 1995. The concluded that under section 2.B.2 of located between mile 59.5 and mile completion of these projects is expected the NEPA Implementing Procedures, 105.8. Bridges located between mile to cause an increase in the commercial COMDTINST M16475.1B, this proposal 105.8 and mile 234.4 will remain on 48- vessel traffic on the Louisiana section of is categorically excluded from further hours advance notice. Bridges located the Red River. No changes in traffic are environmental documentation because above mile 234.4 need not be opened for anticipated on the Arkansas portion. promulgation of changes to drawbridge the passage of vessels. This rule will However, the anticipated increase in regulations have been found to not have accommodate the needs of vehicular vessel traffic on the Louisiana portion of a significant effect on the human traffic and still provide for the the Red River has necessitated a change environment. A Categorical Exclusion reasonable needs of navigation. in drawbridge openings over the Red Determination is available in the docket River in Louisiana. The changes for for inspection or copying in the docket. EFFECTIVE DATE: February 7, 1995. bridges over the Red River in Louisiana ADDRESSES: Unless otherwise indicated, List of Subjects in 33 CFR Part 117 are published elsewhere in today’s issue documents referred to in this preamble of the Federal Register, docket number Bridges. are available for inspection or copying CGD08–94–26. Section 117.491 now at the office of the Commander(ob), PART 117ÐDRAWBRIDGE regulates only the drawbridges over the Eighth Coast Guard District, 501 OPERATION REGULATIONS Red River in Louisiana. The rule revises Magazine Street, New Orleans, § 117.135 to now regulate only those For the reasons set out in the Louisiana 70130–3396, between 8 a.m. drawbridges over the Red River in preamble, the Coast Guard proposes to and 3 p.m., Monday through Friday, Arkansas. This final rule makes no amend Part 117 of Title 33, Code of except Federal holidays. The telephone substantive changes to the operating Federal Regulations, as follows: number is (504) 589–2965. requirements of the Arkansas 1. The authority citation for Part 117 FOR FURTHER INFORMATION CONTACT: Mr. drawbridges. continues to read as follows: John Wachter, Bridge Administration Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7123 Branch, at the address given above, operating regulations for bridges from For the reasons set out in the telephone (504) 589–2965. mile 105.8 to the Arkansas border at preamble, the Coast Guard amends Part approximately mile 276 remain 117 of Title 33, Code of Federal SUPPLEMENTARY INFORMATION: unchanged. Regulations, as follows: Drafting Information Discussion of Comments and Changes The drafters of this regulation are Mr. PART 117ÐDRAWBRIDGE John Wachter, project officer, and LT Two comments were received. The OPERATION REGULATIONS Elisa Holland, project attorney. National Marine Fisheries Service offered no objection to the proposed 1. The authority citation for part 117 Regulatory History rule change. The other comment continues to read as follows: On November 8, 1994, the Coast endorsed the proposed rule change. Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05–1(g)(3); Section 117.255, also Guard published a notice of proposed Assessment rulemaking entitled Drawbridge issued under the authority of Pub. L. 102– 587, 102 Stat. 5039. Operation Regulation; Red River, LA in This rule is not a significant the Federal Register (59 FR 55599). The regulatory action under section 3(f) of 2. Section 117.491 is revised to read Coast Guard received two letters Executive Order 12866 and does not as follows: require an assessment of potential cost commenting favorably on the proposal. § 117.491 Red River. No public hearing was requested, and and benefits under section 6(a)(3) of that none was held. This final rule is being order. It has not been reviewed by the (a) The draws of the following bridges made effective on the date of Office of Management and Budget under shall be opened on signal if at least eight publication. The Red River will be open that order. It is not significant under the hours notice is given: to commercial navigation in late January regulatory policies and procedures of (1) S107 bridge, mile 59.5, at Moncla 1995. Maintaining the present the Department of Transportation (DOT) (2) S28 (Fulton Street) bridge, mile 88.1, regulation for thirty days after (44 FR 11040; February 26, 1979). at Alexandria publication of the final rule in the Small Entities (3) Union Pacific Railroad bridge, mile Federal Register will be a burden on 90.1, at Alexandria A full regulatory evaluation of this (4) S8 bridge, mile 105.8, at Boyce commercial navigation and the bridge rule is unnecessary. This rule will be (b) The Kansas City Southern Railroad owners. There were no comments less restrictive on commercial bridge, mile 88.0, at Alexandria shall objecting to the change in the regulation navigation. This rule will require bridge open on signal if at least eight hours from 48-hours to 8-hours notice. For owners to open the draws of the bridges notice is given; except that, for openings these reasons, the Coast Guard for good listed on fewer hours notice, however, on Saturday or Sunday and Monday if cause finds, under 5 U.S.C. 553(b)(B) each bridge owner will still have 8- and (d)(3), that delaying the effective hours notice. Therefore, the Coast Guard it is a federal holiday, notice must be date of this rule is contrary to the public certifies under 5 U.S.C. 605(b) of the given for an opening of the draw by 4 interest and that this rule should be Regulatory Flexibility Act (5 U.S.C. 601 p.m. on Friday; and in the event a made effective in less than 30 days after et seq.) that this rule will not have a federal holiday falls during a weekday publication. significant economic impact on a other than Monday, notice must be given by 4 p.m. the day prior to that Background and Purpose substantial number of small entities. holiday. With the completion of locks and Collection of Information (c) The draw of the US 165 (Jackson dams 4 and 5 in December 1994, by the This proposal contains no collection- St.) bridge, mile 88.6, at Alexandria, U.S. Army Corps of Engineers, the Red of-information requirements under the shall open on signal if at least eight River will be open for commercial Paperwork Reduction Act (44 U.S.C. hours notice is given; except that, from navigation in late January 1995. As a 3501 et seq.). 7 a.m. to 9 a.m. and from 4 p.m. to 6 result of that project, the mileage of the p.m. the draw need not be opened Red River has changed. All mileages Federalism Monday through Friday except referred to in this regulation are post- This action has been analyzed in holidays. project mileages. The entire stretch of accordance with the principles and (d) The draws of the bridges above the Red River flowing through Louisiana criteria contained in Executive Order mile 105.8 through mile 234.4 shall is presently regulated by Section 12612, and it has been determined that open on signal if at least 48 hours notice 117.135, which is cross referenced in the proposed rulemaking does not have is given. § 117.491. The Red River in Louisiana sufficient federalism implications to (e) The draws of the bridges above will now be governed by § 117.491. warrant the preparation of a Federalism mile 234.4 to mile 276 need not be Section 117.135 is being revised by a Assessment. opened for passage of vessels. separate rule (CGD02–94–016, (f) When a vessel which has given Environment published elsewhere in today’s Federal notice fails to arrive at the time Register) to regulate only the This rulemaking has been thoroughly specified in the notice, the drawtender drawbridges on the Red River in the reviewed by the Coast Guard and it has shall remain on duty for up to two state of Arkansas. The present been determined to be categorically additional hours to open the draw if that regulation requiring all bridges up to excluded from further environmental vessel appears. After that time, a new mile 177.9 to open on signal with at documentation in accordance with notice of the appropriate length of time least 48-hours advance notice would section 2.B.2.g.5 of Commandant is required. severely restrict the movement of Instruction M16475.1B. A Categorical Dated: January 10, 1995. prospective commercial navigation on Exclusion Determination has been the waterway. Thus, the reason for the prepared and placed in the rulemaking R.C. North, final rule. The anticipated vessel count docket. Rear Admiral, U.S. Coast Guard, Commander, for calendar year 1995 is approximately Eighth Coast Guard District. 370, but is expected to increase List of Subjects in 33 CFR Part 117 [FR Doc. 95–2996 Filed 2–6–95; 8:45 am] significantly in year 1996. Existing Bridges. BILLING CODE 4910±14±M 7124 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations DEPARTMENT OF VETERANS DATES: This final rule will be effective respect to the O3 NAAQS and EPA AFFAIRS April 10, 1995 unless adverse or critical found the request complete. On comments are received by March 9, November 24, 1992, the Cabinet 38 CFR Part 4 1995. If the effective date is delayed, submitted the Marginal Ozone timely notice will be published in the Nonattainment Areas Projection Schedule for Rating Disabilities Federal Register. Inventory 1990–2004 as an amendment ADDRESSES: to the SIP. On January 15, 1993, the CFR Correction Written comments on this action should be addressed to Scott Cabinet submitted revisions addressing In title 38 of the Code of Federal Southwick, at the EPA Regional Office public comments on the request to Regulations, parts 0 to 17, revised as of listed below. Copies of the documents redesignate the nonattainment area to July 1, 1994, on pages 383 and 384, in relative to this action are available for attainment. On July 16, 1993, February § 4.84a, table V, in the heading and in public inspection during normal 28, 1994, and August 29, 1994, the the entries ‘‘15/200 (45/60)’’ and ‘‘5/200 business hours at the following Cabinet submitted revisions to the (15/60)’’ should read ‘‘15/200 (4.5/60)’’ locations. The interested persons redesignation request, maintenance and ‘‘5/200 (1.5/60)’’ respectively. wanting to examine these documents plan, and projection inventory. On May 7, 1993, Region IV BILLING CODE 1505±01±D should make an appointment with the appropriate office at least 24 hours determined that the information before the visiting day. received from the Cabinet constituted a Air and Radiation Docket and complete redesignation request under ENVIRONMENTAL PROTECTION the general completeness criteria of 40 Information Center (Air Docket 6102), AGENCY CFR 51, appendix V, sections 2.1 and U.S. Environmental Protection 2.2. However, for purposes of Agency, 401 M Street, SW, 40 CFR Parts 52 and 81 determining what requirements are Washington, DC 20460 [KY±069±2±6785a; FRL 5118±1] Environmental Protection Agency, applicable for redesignation purposes, Region IV, Air Programs Branch, 345 EPA believes it is necessary to identify Approval and Promulgation of Courtland Street NE, Atlanta, GA when the Cabinet first submitted a Implementation Plans and Designation 30365 redesignation request that meets the of Areas for Air Quality Planning Commonwealth of Kentucky, Natural completeness criteria. EPA noted in a Purposes; Commonwealth of Kentucky Resources and Environmental previous policy memorandum that Protection Cabinet, Department for parallel processing requests for AGENCY: Environmental Protection submittals under the amended CAA, Agency (EPA). Environmental Protection, Division for Air Quality, 803 Schenkel Lane, including redesignation submittals, ACTION: Direct final rule. Frankfort, KY 40601. would not be determined complete. See ‘‘State Implementation Plan (SIP) FOR FURTHER INFORMATION CONTACT: SUMMARY: On November 13, 1992, the Actions Submitted in Response to Clean Commonwealth of Kentucky through Scott Southwick of the EPA Region IV Air Act (Act) Deadlines,’’ Memorandum the Natural Resources and Air Programs Branch at (404) 347–3555 from John Calcagni to Air Programs Environmental Protection Cabinet extension 4207 and at the above Division Directors, Regions I–X, dated (Cabinet), submitted a maintenance plan address. October 28, 1992 (Memorandum). The and a request to redesignate the SUPPLEMENTARY INFORMATION: On rationale for this conclusion was that Lexington, Owensboro, Paducah, and November 15, 1990, the Clean Air Act the parallel processing exception to the Edmonson County areas from Amendments of 1990 (CAA) were completeness criteria (40 CFR part 51, nonattainment to attainment for ozone enacted. (Pub. L. 101–549, 104 Stat. appendix V, section 2.3) was not (O3). The marginal nonattainment areas 2399, codified at 42 U.S.C. 7401–7671q). intended to extend statutory due dates include the following counties: Under section 107(d)(1), in conjunction for mandatory submittals. (See Lexington (Fayette and Scott), with the Governor of Kentucky, EPA Memorandum at 3–4). However, since Owensboro (Daviess and a portion of designated the Paducah area as requests for redesignation are not Hancock), Paducah (Livingston and a nonattainment because the area violated mandatory submittals under the CAA, portion of Marshall), and Edmonson the O3 standard during the period from EPA believed it appropriate to change County. Under the Clean Air Act (CAA), 1987 through 1989 (See 56 FR 56694 its policy with respect to redesignation designations can be changed if sufficient (Nov. 6, 1991) and 57 FR 56762 (Nov. submittals to conform to the existing data are available to warrant such 30, 1992), codified at 40 CFR 81.318). completeness criteria (58 FR 38108 (July changes and the redesignation request The Paducah marginal O3 15, 1993)). Therefore, EPA believes, the satisfies the criteria set forth in the nonattainment area (nonattainment parallel processing exception to the CAA. In this action, EPA is approving area) more recently has ambient completeness criteria may be applied to the redesignation to attainment of the monitoring data that show no violations redesignation request submittals, at least Paducah area and the associated of the O3 National Ambient Air Quality until such time as the EPA decides to maintenance plan because it meets the Standards (NAAQS), during the period revise that exception. The Cabinet maintenance plan and redesignation from 1989 through 1991. In addition, submitted a redesignation request and a requirements. EPA has published the there have been no violations reported maintenance plan on November 13, approval of the redesignation request to for the 1992, 1993, or 1994 O3 seasons. 1992. When the maintenance plan attainment and maintenance plan for Therefore, in an effort to comply with became state effective on January 27, the Owensboro and Edmonson County the amended CAA and to ensure 1994, the Commonwealth of Kentucky and will act on the request to continued attainment of the NAAQS, on no longer needed parallel processing for redesignate to attainment the Lexington November 13, 1992, the Cabinet the redesignation request and area in a future notice. In this action, submitted for parallel processing an O3 maintenance plan. EPA is also approving the 1990 base maintenance SIP for the nonattainment The Kentucky redesignation request year inventory for the Paducah marginal area and requested redesignation of the for the nonattainment areas meets the O3 nonattainment area. nonattainment area to attainment with five requirements of section 107(d)(3)(E) Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7125 for redesignation to attainment. The requirements did not change in criteria and procedures to ensure that following is a brief description of how substance and, therefore, EPA believes Federal actions, before they are taken, the Commonwealth of Kentucky has that the pre-amendment SIP met these conform to the air quality planning fulfilled each of these requirements. requirements. goals in the applicable state SIP. The Because the maintenance plan is a requirement to determine conformity B. Part D Requirements critical element of the redesignation applies to transportation plans, request, EPA will discuss its evaluation Before the nonattainment areas may programs and projects developed, of the maintenance plan under its be redesignated to attainment, they must funded or approved under Title 23 analysis of the redesignation request. have fulfilled the applicable U.S.C. or the Federal Transit Act requirements of part D. Under part D, an (‘‘transportation conformity’’), as well as 1. The Area Must Have Attained the O 3 area’s classification indicates the to all other Federal actions (‘‘general NAAQS requirements to which it will be subject. conformity’’). Section 176 further The Cabinet’s request is based on an Subpart 1 of part D sets forth the basic provides that the conformity revisions analysis of quality assured ambient air nonattainment requirements applicable to be submitted by states must be quality monitoring data which is to all nonattainment areas, classified as consistent with Federal conformity relevant to the maintenance plan and to well as nonclassifiable. Subpart 2 of part regulations that the CAA required EPA the redesignation request. Ambient air D establishes additional requirements to promulgate. Congress provided for quality monitoring data for calendar for O3 nonattainment areas classified the state revisions to be submitted by year 1989 through calendar year 1991 under table 1 of section 181(a). The November 15, 1992, one year after the show an expected exceedance rate of Paducah nonattainment area was date for promulgation of final EPA less than 1.0 per year of the O3 NAAQS classified as marginal (See 56 FR 56694, conformity regulations which were due in the marginal nonattainment area. (See codified at 40 CFR 81.318). The November 15, 1991. When that date 40 CFR 50.9 and appendix H.) In Commonwealth of Kentucky submitted passed without such promulgation, addition, there were no violations their request for redesignation of the EPA’s General Preamble for the reported for the 1992, 1993, and 1994 O3 marginal nonattainment area prior to Implementation of Title I informed seasons. Because the nonattainment area November 15, 1992. Therefore, in order states that its conformity regulations has complete quality-assured data to be redesignated to attainment, the would establish a submittal date [see 57 showing no violations of the standard Commonwealth of Kentucky must meet FR 13498, 13557 (April 16, 1992)]. over the most recent consecutive three the applicable requirements of subpart 1 The EPA promulgated final calendar year period, the area has met of part D, specifically sections 172(c) transportation conformity regulations on the first statutory criterion of attainment and 176, but is not required to meet the November 24, 1993, (58 FR 62188) and of the O3 NAAQS. The Commonwealth applicable requirements of subpart 2 of general conformity regulations on of Kentucky has committed to continue part D, which became due on or after November 30, 1993 (58 FR 63214). monitoring the nonattainment area in November 15, 1992. These conformity rules require that accordance with 40 CFR part 58. B1. Subpart 1 of Part D states adopt both transportation and general conformity provisions in the SIP 2. The Area Has Met All Applicable Under section 172(b), the section for areas designated nonattainment or Requirements Under Section 110, and 172(c) requirements are applicable as subject to a maintenance plan approved Part D of the Act determined by the Administrator, but no under CAA section 175A. Pursuant to On January 25, 1980, August 7, 1981, later than three years after an area has § 51.396 of the transportation November 24, 1981, November 30, 1981, been designated to nonattainment. EPA conformity rule and § 51.851 of the and March 30, 1983, EPA fully has not determined that these general conformity rule, the approved Kentucky’s SIP as meeting the requirements were applicable to O3 Commonwealth of Kentucky is required requirements of section 110(a)(2) and nonattainment areas on or before to submit a SIP revision containing part D of the 1977 CAA (45 FR 6092, 46 November 13, 1992, the date that the transportation conformity criteria and FR 40188, 46 FR 57486, 46 FR 58080, Commonwealth of Kentucky submitted procedures consistent with those and 48 FR 13168). The approved control a complete redesignation request for the established in the Federal rule by strategy did not result in attainment of marginal nonattainment area. Therefore, November 25, 1994. Similarly, Kentucky NAAQS for O3. Additionally, the the Commonwealth of Kentucky was not is required to submit a SIP revision amended CAA revised section required to meet these requirements for containing general conformity criteria 182(a)(2)(A), 110(a)(2) and, under part purposes of redesignation. The Paducah and procedures consistent with those D, revised section 172 and added new area currently has a fully approvable established in the Federal rule by requirements for all nonattainment New Source Review (NSR) program December 1, 1994. Because the deadline areas. Therefore, for purposes of which was last revised on June 23, 1994 for these submittals has not yet come redesignation, to meet the requirement (59 FR 32343). Upon redesignation of due, they are not applicable that the SIP contain all applicable the area to attainment, the Prevention of requirements under section requirements under the CAA, EPA Significant Deterioration (PSD) 107(d)(3)(E)(v) and, thus, do not affect reviewed the Kentucky SIP to ensure provisions contained in part C of title I approval of this redesignation request. that it contains all measures due under are applicable. On January 25, 1978, On February 24, 1994, the the amended CAA prior to or at the time September 1, 1989, November 6, 1989, Commonwealth of Kentucky revised the Commonwealth of Kentucky November 13, 1989, November 28, 1989, their maintenance plan to commit to submitted its redesignation request. February 7, 1990, and June 23, 1994, the revise the SIP by November 25, 1994, to EPA approved revisions to the be consistent with the final Federal A. Section 110 Requirements Commonwealth of Kentucky’s PSD regulations on conformity. In addition, Although section 110 was amended program (43 FR 3360, 54 FR 36307, 54 the Division for Air Quality and the by the CAA of 1990, the Kentucky SIP FR 46613, 54 FR 47211, 54 FR 48887, Kentucky Transportation Cabinet are for the marginal nonattainment areas 55 FR 4169 and 59 FR 32343). cooperating in adopting regulations meets the requirements of amended Section 176(c) of the CAA requires consistent with the final conformity section 110(a)(2). A number of the states to revise their SIPs to establish regulation. 7126 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations B2. Subpart 2 of Part D Paducah area was not designated modifications and a general offset rule. The CAA was amended on November nonattainment prior to 1990 and was A SIP revision incorporating these 15, 1990, Pubic Law 101–549, 104 Stat. classified as marginal O3 nonattainment requirements was due November 15, 2399, codified at 42 U.S.C. 7401–7671q. pursuant to the 1990 CAA. Therefore, 1992. This request to redesignate was this area is not subject to the RACT fix- submitted prior to the November 15, EPA was required to classify O3 nonattainment areas according to the up requirement. However, Kentucky 1992, NSR deadline. Therefore, the NSR severity of their problem. On November chose to apply RACT on all major program is not a requirement for the 6, 1991 (56 FR 56694), the Paducah sources which commenced on or after Paducah area. the effective date of a particular RACT metropolitan statistical area (MSA) was 3. The Area Has a Fully Approved SIP rule. Kentucky submitted VOC RACT designated as marginal O3 Under Section 110(k) of the CAA nonattainment. Because this area is SIP revisions through the Cabinet to marginal, the area must meet section EPA on February 12, 1992, October 20, Based on the approval of provisions 182(a) of the CAA. EPA has analyzed 1992, February 17, 1993, and March 4, under the pre-amended CAA and EPA’s the SIP and determined that it is 1993. Action was taken December 12, prior approval of SIP revisions under consistent with the requirements of 1993, to approve the SIP revision the amended CAA, EPA has determined amended section 182. Below is a submitted on February 12, 1992. Action that Kentucky has a fully approved O3 summary of how the area has met the was taken June 23, 1994, to approve the SIP under section 110(k) for the requirements of these sections. SIP revisions submitted on October 20, marginal nonattainment areas, which 1992, February 17, 1993, and March 4, also meets the applicable requirements (1) Emissions Inventory 1993. of section 110 and part D as discussed above. The CAA required an inventory of all (3) Emissions Statements actual emissions from all sources, as 4. The Air Quality Improvement Must The CAA required that the SIP be described in section 172(c)(3) by Be Permanent and Enforceable November 15, 1992. On November 13, revised by November 15, 1992, to 1992, the Cabinet submitted an emission require stationary sources of oxides of Several control measures have come inventory on the Paducah area. nitrogen (NOX) and VOCs to provide the into place since the nonattainment areas state with a statement showing actual violated the O3 NAAQS. Of these (2) Reasonably Available Control emission each year. This request to control measures, the reduction of fuel Technology (RACT) redesignate was submitted prior to the volatility from 11.4 psi to 8.6 psi, as The CAA also amended section November 15, 1992 emissions statement measured by the Reid Vapor Pressure 182(a)(2)(A), in which Congress deadline. Therefore, the emissions (RVP), and fleet turnover produced the statutorily adopted the requirement that statement program is not a requirement most significant decreases in VOC O3 nonattainment areas fix their for the Paducah area. emissions. The table below summarizes deficient Reasonably Available Control total emissions for VOCs. The difference (4) New Source Review (NSR) Technology (RACT) rules for O3. Areas between 1988 and 1990 are actual designated nonattainment before The CAA required all classified permanent and enforceable emission amendment of the CAA and which nonattainment areas to meet several reductions which are responsible for the retained that designation and were requirements regarding NSR, including recent air quality improvement in the classified as marginal or above as of provisions to ensure that increased areas. The VOC emissions in the base enactment are required to meet the emissions of VOCs compounds will not year are not artificially low due to local RACT Fix-ups requirement. The result from any new or major source economic downturn. REDUCTIONS IN VOC EMISSIONS FROM 1988 TO 1990 VOCs (tpd) MSA 1988 1990 1988±1990 Paducah ...... 105.33 102.77 3.75 5. The Area Must Have a Fully maintenance plan must contain NOX, and CO emissions for the Paducah Approved Maintenance Plan Pursuant contingency measures, with a schedule marginal nonattainment area. The to Section 175A of the CAA for implementation, adequate to assure inventories included biogenic, area, prompt correction of any air quality stationary, and mobile sources using Section 175A of the CAA sets forth problems. 1990 as the base year for calculations to the elements of a maintenance plan for In this notice, EPA is approving the demonstrate maintenance. The 1990 areas seeking redesignation from Commonwealth of Kentucky’s inventory is considered representative nonattainment to attainment. The plan maintenance plan for the Paducah of attainment conditions because the O3 must demonstrate continued attainment marginal nonattainment area because NAAQS was not violated during 1990. of the applicable NAAQS for at least ten EPA finds that the Commonwealth of The Commonwealth of Kentucky years after the Administrator approves a Kentucky’s submittal meets the submittal contains the detailed redesignation to attainment. Eight years requirements of section 175A. inventory data and summaries by after the redesignation, the state must county and source category. This A. Emissions Inventory—Base Year submit a revised maintenance plan comprehensive base year emissions Inventory which demonstrates attainment for the inventory was submitted in the SIP Air ten years following the initial ten-year On November 13, 1992, the Pollutant Inventory Management period. To provide for the possibility of Commonwealth of Kentucky submitted System (SAMS) format. Finally, this future NAAQS violations, the comprehensive inventories of VOC, inventory was prepared in accordance Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7127 with EPA guidance. A summary of the included in this notice for VOCs and of the 1990 base year emission base year and projected maintenance NOX. The CO and the biogenic VOC inventory. This notice is approving the year inventories for the Paducah area is values are shown below and are a part base year inventory. CO EMISSION INVENTORY SUMMARY FOR 1990 [Tons per day] Point Area Mobile Non-Road Total Paducah ...... 13.49 1.48 21.54 6.73 43.24 BIOGENIC EMISSION INVENTORY SUMMARY FOR 1990 [Tons per day] Biogenic Paducah 1990 emissions ...... 41.15 B. Demonstration of Maintenance—Projected Inventories Below, totals for VOC and NOX emissions were projected from the 1990 base year out to 2004. These projected inventories were prepared in accordance with EPA guidance. PADUCAH VOC EMISSION INVENTORY SUMMARY [Tons per day] 1990 1993 1996 1999 2002 2004 Point ...... 96.47 94.03 83.80 84.47 85.13 85.58 Area ...... 1.85 1.87 1.88 1.90 1.91 1.93 Mobile ...... 4.45 4.26 4.36 4.04 4.01 4.01 Total ...... 102.77 100.17 90.05 90.41 91.05 91.52 PADUCAH NOX EMISSION INVENTORY SUMMARY [Tons per day] 1990 1993 1996 1999 2002 2004 Point ...... 5.88 5.93 5.97 6.02 6.07 6.10 Area ...... 0.11 0.11 0.11 0.11 0.11 0.11 Mobile ...... 4.41 4.33 4.40 4.22 4.16 4.16 Total ...... 90.54 89.54 88.88 88.45 87.99 87.78 As indicated in the following table, an Kentucky’s contingency plan is measures with a schedule for emissions decrease in VOCs and NOX in triggered by two indicators, the implementation in the event of a future the Paducah nonattainment area are emissions inventory for interim years O3 air quality problem. The plan projected throughout the maintenance exceeding the baseline emission contains a contingency to implement period. EPA believes that these inventory by more than 10% or an air RACT on existing major sources in the emissions projections demonstrate that quality violation. As stated in the area where the violation occurred the Paducah nonattainment area will maintenance plan, the Cabinet will be within ninety (90) days. RACT was not continue to maintain the O3 NAAQS. developing these emissions inventories required for this nonattainment area every three years beginning in 1996. because it was designated as a marginal VOC AND NOX PROJECTED These periodic inventories will help to nonattainment area pursuant to the EMISSIONS CHANGES verify continued attainment. CAA. EPA finds that the contingency measures provided in the D. Contingency Plan VOCs NOX Commonwealth of Kentucky’s submittal The level of VOC and NOX emissions meet the requirements of section Paducah ...... ¥10.95% ¥3.05% in the nonattainment area will largely 175A(d) of the CAA. determine its ability to stay in C. Verification of Continued Attainment E. Subsequent Maintenance Plan compliance with the O3 NAAQS in the Revisions Continued attainment of the O3 future. Despite the Commonwealth’s NAAQS in the marginal nonattainment best efforts to demonstrate continued In accordance with section 175A(b) of areas depends, in part, on the compliance with the NAAQS, the the CAA, the Commonwealth of Commonwealth of Kentucky’s efforts ambient air pollutant concentrations Kentucky has agreed to submit a revised toward tracking indicators of continued may exceed or violate the NAAQS. maintenance SIP eight years after the attainment during the maintenance Therefore, the Commonwealth of marginal nonattainment areas period. The Commonwealth of Kentucky has provided contingency redesignate to attainment. Such revised 7128 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations SIP will provide for maintenance for an institute a second comment period on 40 CFR Part 81 additional ten years. this action. Any parties interested in Air pollution control, Hydrocarbons, Final Action commenting on this action should do so Carbon monoxide, Nitrogen oxides, at this time. If no such comments are National parks, Wilderness areas. In this final action, EPA is approving received, the public is advised that this the nonattainment area’s O3 action will be effective April 10, 1995. Dated: November 28, 1994. maintenance plan because it meets the Patrick M. Tobin, requirements of section 175A. The EPA Under section 307(b)(1) of the Act, 42 Acting Regional Administrator. U.S.C. 7607(b)(1), petitions for judicial is redesignating the Paducah Part 52 of chapter I, title 40, Code of nonattainment area to attainment for O3 review of this action must be filed in the United States Court of Appeals for the Federal Regulations, is amended as because the Commonwealth of follows: Kentucky has demonstrated compliance appropriate circuit by April 10, 1995. with the requirements of section Filing a petition for reconsideration by PART 52Ð[AMENDED] 107(d)(3)(E) for redesignation. In the Administrator of this final rule does addition EPA is approving the 1990 base not affect the finality of this rule for 1. The authority citation for part 52 year emission inventory for the Paducah purposes of judicial review nor does it continues to read as follows: nonattainment area. Nothing in this extend the time within which a petition Authority: 42 U.S.C. 7401–7671q. action should be construed as for judicial review may be filed, and permitting or allowing or establishing a shall not postpone the effectiveness of Subpart SÐKentucky precedent for any future request for such rule or action. This action may not 2. Section 52.920 is amended by revision to any SIP. Each request for be challenged later in proceedings to adding paragraph (c)(73) to read as revision to the SIP shall be considered enforce its requirements. (See section follows: separately in light of specific technical, 307(b)(2) of the Act, 42 U.S.C. economic, and environmental factors 7607(b)(2).) § 52.920 Identification of plan. and in relation to relevant statutory and The OMB has exempted these actions * * * * * regulatory requirements. from review under Executive Order (c) * * * The O3 SIP is designed to satisfy the 12866. (73) The maintenance plan for the requirements of part D of the CAA and Paducah area which include Livingston to provide for attainment and Nothing in this action shall be and Marshall Counties submitted by the maintenance of the O3 NAAQS. This construed as permitting or allowing or Commonwealth of Kentucky Natural final redesignation should not be establishing a precedent for any future Resources and Environmental interpreted as authorizing the request for a revision to any SIP. Each Protection Cabinet on November 13, Commonwealth of Kentucky to delete, request for revision to the SIP shall be 1992, November 24, 1992, March 10, alter, or rescind any of the VOC or NOX considered separately in light of specific 1993, July 16, 1993, March 3, 1994, and emission limitations and restrictions technical, economic, and environmental August 29, 1994, as part of the Kentucky contained in the approved O3 SIP. factors and in relation to relevant SIP. The 1990 Baseline Emission Changes to O3 SIP VOC regulations statutory and regulatory requirements. Inventory for the Paducah area which rendering them less stringent than those Under the Regulatory Flexibility Act, include Livingston and Marshall contained in the EPA approved plan 5 U.S.C. 600 et seq., EPA must prepare Counties. cannot be made unless a revised plan a regulatory flexibility analysis (i) Incorporation by reference. for attainment and maintenance is assessing the impact of any proposed or (A) Commonwealth of Kentucky submitted to and approved by EPA. final rule on small entities. 5 U.S.C. 603 Attainment Demonstration and Ten Unauthorized relaxations, deletions, and 604. Alternatively, EPA may certify Year Maintenance Plan for all areas and changes could result in both a that the rule will not have a significant designated Marginal Nonattainment for finding of nonimplementation (section impact on a substantial number of small Ozone. The effective date is January 15, 173(b) of the CAA) and in a SIP entities. Small entities include small 1993. deficiency call made pursuant to section businesses, small not-for-profit (B) Table 6–13 Biogenic Emissions, 110(a)(2)(H) of the CAA. enterprises, and government entities Livingston County, Kentucky. The The EPA is publishing this action effective date is January 15, 1993. without prior proposal because the with jurisdiction over populations of less than 50,000. (C) Table 6–14 Biogenic Emissions, Agency views this as a noncontroversial Marshall County, Kentucky. The amendment and anticipates no adverse Redesignation of an area to attainment effective date is January 15, 1993. comments. However, in a separate under section 107(d)(3)(E) of the CAA (ii) Other material. document in this Federal Register does not impose any new requirements (A) January 15, 1993, letter from publication, the EPA is proposing to on small entities. Redesignation is an Phillip J. Shepherd, Secretary, Natural approve the SIP revision should adverse action that affects the status of a Resources and Environmental or critical comments be filed. This geographical area and does not impose Protection Cabinet to Patrick Tobin, action will be effective April 10, 1995 any regulatory requirements on sources. Acting Regional Administrator, U.S. unless, by March 9, 1995, adverse or The Administrator certifies that the EPA Region IV. critical comments are received. approval of the redesignation request (B) February 28, 1994, letter from John If the EPA receives such comments, will not affect a substantial number of E. Hornback, Director, Division for Air this action will be withdrawn before the small entities. Quality to Mr. Doug Neeley, Chief, Air effective date by publishing a Programs Branch. subsequent document that will List of Subjects (C) October 4, 1994, letter from Phillip withdraw the final action. All public 40 CFR Part 52 J. Shepherd, Secretary, Natural comments received will then be Resources and Environmental addressed in a subsequent final rule Air pollution control, Hydrocarbons, Protection Cabinet to John H. based on this action serving as a Incorporation by reference, Hankinson, Regional Administrator, proposed rule. The EPA will not Intergovernmental relations, Ozone. U.S. EPA Region IV. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7129 PART 81Ð[AMENDED] 2. In § 81.318, the ozone table is adding in alphabetical order to the amended by removing the Paducah area second listing of counties the following 1. The authority citation for part 81 and its entries in the first alphabetical entries to read as follows: continues to read as follows: list and the entry for Livingston County § 81.318 Kentucky. in the second alphabetical list and by Authority: 42 U.S.C. 7401–7671q. * * * * * KENTUCKYÐOZONE Designation Classification Designated area Date 1 Type Date 1 Type **** * ** Livingston County ...... April 10, 1995 ...... Unclassifiable/Attainment. **** * ** Marshall County ...... April 10, 1995 ...... Unclassifiable/Attainment. **** * ** 1 This date is November 15, 1990, unless otherwise noted. * * * * * obtain contract service and prices at a 3. Expiration date. This supplement [FR Doc. 95–2775 Filed 2–6–95; 8:45 am] later date if the contractor agrees to do expires November 15, 1995, unless sooner canceled, revised, or extended. BILLING CODE 6560±50±P so. GSA has determined that this rule is 4. Background. not a significant rule for the purposes of a. Under subsection 201(a) of the Federal Executive Order 12866. Property and Administrative Services Act of GENERAL SERVICES 1949, as amended (40 U.S.C. 481(a)), the ADMINISTRATION Regulatory Flexibility Act General Services Administration (GSA) is responsible for prescribing policies and 41 CFR Part 101±40 This rule is not required to be procedures that are advantageous to the [FPMR Temp. Reg. G±54, Rev. 1, Supp. 1] published in the Federal Register for Government in terms of economy, efficiency, notice and comment. Therefore, the or service, regarding program activities in the RIN 3090±AF20 Regulatory Flexibility Act does not area of transportation and traffic apply. Use of Contractor for Express Small management. GSA has entered into a contract with Federal Express Corporation (FedEx) for Package Transportation List of Subjects in 41 CFR Part 101–40 the transportation of express small packages AGENCY: Federal Supply Service, GSA. Freight, Government property from, to, and between specified locations in the United States (including Alaska and ACTION: Temporary regulation. management, Moving of household goods, Office relocations, Hawaii) and Puerto Rico, where the SUMMARY: FPMR Temp. Reg. G–54, Rev. Transportation. contractor or its agent presently provides or 1 mandates the use of the GSA’s will provide next day service. In contractor by Federal civilian executive PART 101±40Ð[AMENDED] consideration of the contract rates and to the agencies when next day express small extent provided in the contract, the Authority: Sec. 205(c), 63 Stat. 390; 40 Government has agreed to place package transportation is required. The U.S.C. 486(c). regulation contains a description of the transportation requirements for express small package service with FedEx. Agencies services provided, an attachment listing In 41 CFR Chapter 101, the following supplement to FPMR Temp. Reg. G–54, covered by the scope of the contract must use the rates and accessorial charges, and this contract at the rates specified for their information concerning the provisions Rev. 1 is added to the appendix at the end of Subchapter G to read as follows: express small package delivery requirements. of the contract. This supplement b. GSA’s express small package contract extends the expiration date of FPMR Appendix to Subchapter G—Temporary with FedEx provides that, where possible, Temp. Reg. G–54, Rev. 1 from November Regulations express small package shipments within the 15, 1994 to November 15, 1995. * * * * * contiguous United States, Alaska, Hawaii, DATES: Effective date: February 7, 1995. General Services Administration, and Puerto Rico, must be delivered by noon FOR FURTHER INFORMATION CONTACT: Washington, DC 20405 the next business day. The contract also Brenda Pollock, Transportation requires FedEx to satisfy the Private Express Management Division (FBX), Federal Property Management Regulations, Statutes and is consistent with these statutes. Temporary Regulation G–54, Revision 1, Washington, DC 20406, 703–305–5671. These statutes require shipments consisting Supplement 1 of ‘‘letters’’ as defined in 39 CFR part 310 to SUPPLEMENTARY INFORMATION: The To: Heads of Federal agencies be delivered by noon the next business day; current contract, awarded in 1990, is for Subject: Use of contractor for express small delivery after noon to these points where mandatory use by civilian agencies. package transportation noon delivery is possible would not satisfy However, GSA will resolicit for express Date: December 28, 1994. the contract and would violate the Private small package transportation in 1995, 1. Purpose. This supplement extends the Express Statutes. A determination must be and agencies will elect whether to be a expiration date of FPMR Temporary made that the letter is urgent in accordance mandatory user or not, before Regulation G–54, Revision 1. with the Private Express Statutes. solicitation issuance. If they choose to 2. Effective date. This supplement is 5. Explanation of change. The expiration be non-mandatory, they will be able to effective February 7, 1995. date in paragraph 3 of FPMR Temporary 7130 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations Regulation G–54, Revision 1 is extended to personal property damage or loss may Paperwork Reduction Act November 15, 1995. be awarded in any subsequent flood This rule does not contain a collection Julia M. Stasch, disasters. This maintenance provision of information requirement as described Acting Administrator of General Services. also applies to individuals who bought, in section 3504(h) of the Paperwork [FR Doc. 95–2889 Filed 2–6–95; 8:45 am] or otherwise had transferred to them, Reduction Act. BILLING CODE 6820±24±M any real estate for which the flood insurance maintenance requirement was Executive Order 12612, Federalism previously (after September 23, 1994) This rule involves no policies that FEDERAL EMERGENCY levied. have federalism implications under E.O. MANAGEMENT AGENCY The minimum amount of coverage 12612, Federalism, dated October 26, required will be equivalent to the 1987. 44 CFR Part 206 maximum IFG grant amount each fiscal Executive Order 12778, Civil Justice year. This amount is $12,600 in Fiscal RIN 3067±AC28 Reform Year 1995 and is adjusted annually Individual and Family Grant Program based on the Consumer Price Index for This rule meets the applicable All Urban Consumers. Renters must be standards of section 2(b)(2) of E.O. AGENCY: Federal Emergency covered for at least $12,600 for personal 12778. Management Agency (FEMA). property only, whereas homeowners List of Subjects in 44 CFR Part 206 ACTION: Interim final rule. must be covered for at least $7,000 for real property and $5,600 for personal Administrative practice and SUMMARY: This interim final rule property. procedure, Disaster assistance, Grant changes flood insurance regulations for programs—housing and community Section 582 and amendments made recipients of Federal disaster assistance development, Insurance. Accordingly, by that section apply to disasters from the Individual and Family Grant 44 CFR part 206 is amended as follows: Program. declared after September 23, 1994, DATES: This interim final rule is which include the following flood PART 206Ð[AMENDED] retroactive to September 23, 1994. We disasters: invite comments on this interim final 1. FEMA–1041–DR, Texas—declared Subpart EÐIndividual and Family rule, which should be received by April October 18, 1994; Grant Programs 10, 1995. 2. FEMA–1042–DR, Georgia— 1. The authority citation for part 206 ADDRESSES: Please send any comments declared October 19, 1994; continues to read as follows: to the Rules Docket Clerk, Office of the 3. FEMA–1043–DR, Florida—declared Authority: The Robert T. Stafford Disaster General Counsel, Federal Emergency November 28, 1994; and Management Agency, 500 C Street SW., Relief and Emergency Assistance Act, 42 room 840, Washington, DC 20472, 4. FEMA–1044–DR, California— U.S.C. 5121 et seq.; Reorganization Plan No. 3 of 1978, 5 U.S.C. App. 1; E.O. 12148, 3 (facsimile) (202) 646–4536. declared January 10, 1995; and any subsequent flood disasters declared by CFR, 1979 Comp., p. 412; and E.O. 12673, 3 FOR FURTHER INFORMATION CONTACT: the President. CFR, 1989 Comp., p. 214. Laurence W. Zensinger, Response and 2. Section 206.131(d)(1)(iii), Recovery Directorate, Federal FEMA is publishing this interim final paragraphs (C)(1) and (D), is revised to Emergency Management Agency, 500 C rule in order to implement the mandate read as follows: Street SW., Washington, DC 20472, of the National Flood Insurance Reform (202) 646–4262, (facsimile) (202) 646– Act of 1994 that the flood insurance § 206.131 Individual and Family Grant 2730. purchase requirement be in effect as of Programs. SUPPLEMENTARY INFORMATION: On the date of enactment, September 23, * * * * * September 23, 1994, the President 1994. While the interim final rule is (d) * * * signed Public Law 103–325, the retroactively effective from September (l) * * * National Flood Insurance Reform Act of 23, 1994, FEMA invites your written (iii) * * * 1994 (NFIRA). Section 582(c) of the comments on the rule and asks that you (C) (1) The State may not make a grant NFIRA amends section 102(a) of the send them to the Rules Docket Clerk at for acquisition or construction purposes Flood Disaster Protection Act of 1973 the ADDRESSES caption set out above. in a designated special flood hazard area (42 U.S.C. 4012a(a)): ‘‘(1) By striking National Environmental Policy Act in which the sale of flood insurance is ‘* * * during the anticipated economic available under the NFIP unless the or useful life of the project,’; and (2) by This rule is categorically excluded individual or family agrees to purchase adding at the end the following: The from the requirements of 44 CFR part adequate flood insurance and to requirement of maintaining flood 10, Environmental Consideration. No maintain such insurance for as long as insurance shall apply during the life of environmental impact assessment has they live at that property address. The the property, regardless of transfer of been prepared. coverage shall be for a full $12,600 (to ownership of such property.’’ Executive Order 12866, Regulatory be adjusted annually based on the FEMA interprets this section as a Planning and Review Consumer Price Index for all Urban requirement that all Individual and Consumers). If the grantee is a Family Grant (IFG) applicants who This interim rule is not a significant homeowner, flood insurance coverage receive Federal disaster assistance for regulatory action within the meaning of must be maintained on the residence at flood damage to real or personal § 2(f) of E.O. 12866 of September 30, the flood-damaged property address for property, or to both, must purchase and 1993, 58 FR 51735, and has not been as long as the structure exists if the maintain flood insurance on the reviewed by the Office of Management grantee, or any subsequent owner of that property until the time they move to and Budget. Nevertheless, this interim real estate, ever wishes to be assisted by another address. If not, then no IFG rule adheres to the regulatory principles the Federal government with any grant under section 411(a) for real or set forth in E.O. 12866. subsequent flood losses to real or Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7131 personal property, or both. If the grantee have a minimum amount of inherent paragraph designation of ‘‘(l)’’ is is a renter, flood insurance coverage flotation to ensure that a wearer will corrected to read ‘‘(k)’’. must be maintained on the contents for surface after falling in the water and to Dated: January 31, 1995. as long as the renter resides at the flood- have a mechanism to inflate the PFD to Joseph J. Angelo, damaged property address. The provide additional buoyancy, and Acting Chief, Office of Marine Safety, Security restriction is lifted once the renter thereby greater clearance from the and Environmental Protection. moves from the rental unit. water, while a wearer awaits rescue. The rule also allows for approval of hybrid [FR Doc. 95–2993 Filed 2–6–95; 8:45 am] * * * * * BILLING CODE 4910±14±M (D) A State may not make a grant to PFDs for youths and small children. any individual or family who received Need for Correction Federal disaster assistance for flood As published, the final rule contains FEDERAL COMMUNICATIONS damage occurring after September 23, typographical errors in table 160.077– COMMISSION 1994, if the individual or family 2(j) and in citations contained in received flood disaster assistance and § 160.077–21. Also, the final rule 47 CFR Part 64 was required, but failed, to purchase contains formatting errors and an and maintain flood insurance as a [DA 95±36] incorrectly designated paragraph in condition of receiving that Federal flood § 160.077–31. Bell Operating Companies' Joint disaster assistance. Petition for Waiver of Computer II * * * * * Correction of Publication Rules Dated: January 31, 1995. The publication on January 9, 1995 of Richard W. Krimm, the final rule [CGD 78–174], which was AGENCY: Federal Communications Associate Director, Response and Recovery. the subject of FR Doc. 95–433, is Commission. [FR Doc. 95–2960 Filed 2–6–95; 8:45 am] corrected as follows: ACTION: Memorandum Opinion and Order. BILLING CODE 6718±02±P § 160.077±2(j) [Corrected] 1. On page 2486, in table 160.077–2(j), SUMMARY: On October 18, 1994, the in the first column under the heading United States Court of Appeals for the DEPARTMENT OF TRANSPORTATION ‘‘Reference PFD Type’’, first line, the Ninth Circuit remanded in part the Commission’s BOC Safeguards Order Coast Guard words ‘‘Devices for adults, weight over 40 kg (90 lbs):’’ are corrected to read, (57 FR 4373 (February 5, 1992)), which 46 CFR Parts 25 and 160 ‘‘Devices for adults, weighing over 40 kg had established procedures for the Bell (90 lb):’’ Operating Companies (BOCs) to offer [CGD 78±174] enhanced services on a structurally § 160.077±21 [Corrected] RIN 2116±AA29 integrated basis. This Memorandum 2. On page 2488, in the first column, Opinion and Order concluded that, Hybrid PFDs; Establishment of in § 160.077–21, paragraph (c)(4)(i), line because the Ninth Circuit decision Approval Requirements 10, the citation ‘‘S.7.1.B’’ is corrected to generally returned the regulation of BOC read ‘‘S7.1.B’’. enhanced services to a Comparably AGENCY: Coast Guard, DOT. 3. On page 2488, in the first column, Efficient Interconnection (CEI) plan ACTION: Final rule; correction. in § 160.077–21, paragraph (c)(5)(i), line framework, waivers would only be 3, the citation ‘‘S7 1.A’’ is corrected to necessary for new enhanced services or SUMMARY: The Coast Guard is correcting read ‘‘S7.1.A’’. market trials, and for those existing errors to a final rule published on § 160.077±31 [Corrected] services and market trials that were not January 9, 1995, in the Federal Register covered by previously-approved CEI (60 FR 2482) entitled ‘‘Hybrid PFDs; 4. On page 2591, in the first column, plans. In order to avoid possible service Establishment of Approval the amendatory instructions for disruptions and customer confusion, the Requirements.’’ The final rule amends § 160.077–31 are revised to read as Common Carrier Bureau clarified the the structural and performance follows: requirements for BOC provision of ‘‘19. In § 160.077–31, paragraphs (c), standards and procedures for approval enhanced services, and granted the (d), (g), (h), (j), introductory text, (j)(1) of hybrid inflatable personal flotation BOCs any necessary interim waivers to: and (k) are revised, paragraphs (j) (2) devices. Provide existing enhanced services and (3) are redesignated as (j) (3) and (4) EFFECTIVE DATE: February 8, 1995. pursuant to CEI plans approved prior to respectively and revised, new paragraph FOR FURTHER INFORMATION CONTACT: the lifting of structural separation; (j)(2) is added, and paragraph (e)(5) is Mr. Samuel E. Wehr, Office of Marine continue providing other existing removed and paragraph (e)(6) is Safety, Security, and Environmental enhanced services, pending FCC review redesignated as paragraph (e)(5) to read Protection (G–MVI–3/14), 2100 Second of CEI plans for those services; file CEI as follows:’’ St. SW., Washington, DC 20593–0001, 5. On page 2491, in the first column, plans for any new enhanced services; (202) 267–1444. in § 160.077–31, paragraph (c), line 6 is continue to perform research and planning activities and technical trials SUPPLEMENTARY INFORMATION: corrected by indenting the line two spaces. for enhanced services; continue existing Background 6. On page 2491, in the second market trials, conditioned on their filing The final rule that is the subject of column, in § 160.077–31, paragraph (d), the market trial notification required this correction amends 46 CFR parts 25 line 8 is corrected by indenting that line under the CEI plan regime; and begin and 160 regarding structural and two spaces, and line 9 is corrected by market trials of new enhanced services performance standards and procedures aligning that line against the left hand pursuant to the market trial for approval of hybrid inflatable margin of the column. requirements of the CEI plan regime. personal flotation devices (hybrid 7. On page 2491, in the third column, EFFECTIVE DATE: January 13, 1995. PFDs). Hybrid PFDs are designed to in § 160.077–31, paragraph (l), the FOR FURTHER INFORMATION CONTACT: 7132 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations Rose Crellin at (202) 418–1571 or Kevin they had complied with the Opinion and Order noted that the BOCs Werbach at (202) 418–1597, Policy and requirements of the BOC Safeguards currently offer enhanced services on an Program Planning Division, Common Order, and those decisions were integrated basis to approximately five Carrier Bureau. subsequently ratified by the million customers, and determined that SUPPLEMENTARY INFORMATION: This is a Commission. service disruptions and customer summary of the Common Carrier 3. In October 1994, the Ninth Circuit confusion were possible in the absence Bureau’s Memorandum Opinion and partially remanded the BOC Safeguards of a waiver. The Bureau observed that Order, DA 95–36, adopted January 11, Order. The court concluded that the it had granted a similar waiver Commission had scaled back its 1995 and released January 11, 1995. The following the first remand of Computer conception of ONA, and had not full text of this decision is available for III in 1990, and that waiver was not explained how the more limited version inspection and copying during normal subsequently challenged before the business hours in the FCC Dockets of ONA represented in the approved BOC ONA plans provided sufficient Commission or in court. Given these Branch (Room 239), 1919 M Street NW., considerations, the Bureau determined Washington, DC. The complete text of protection to justify fully lifting structural separation. In light of this that it would be in the public interest to this decision may also be purchased decision, on November 14, 1994, the provide the BOCs with a limited waiver from the Commission’s copy contractor, BOCs jointly filed a petition for an to allow them to offer integrated International Transcription Services, interim waiver (BOC Petition). The BOC enhanced services subject to defined Inc., 2100 M Street NW., Suite 140, Petition requested permission to safeguards until the Commission acted Washington, DC 20037. continue offering existing enhanced on remand. Summary of Memorandum Opinion services on a structurally integrated 6. Accordingly, the Bureau granted and Order basis; to continue integrated research, any necessary waivers to enable the development, and market trials; and to 1. In the Computer III proceeding, BOCs to: (1) Provide existing enhanced offer new integrated enhanced services beginning with the Phase I Order (51 FR services pursuant to CEI plans approval associated with video dialtone service 24350 (July 3, 1986)), the Commission prior to the lifting of structural offerings. reversed its earlier decision to require 4. In this Memorandum Opinion and separation; (2) continue providing other the Bell Operating Companies (BOCs) to Order, the Common Carrier Bureau existing enhanced services, pending establish structurally separate (Bureau) clarified the requirements that Commission consideration of CEI plans subsidiaries for the provision of will govern BOCs’ enhanced service for those services; (3) file CEI plans for enhanced services. Enhanced services offerings, pending further Commission any new enhanced services; (4) continue use the existing telephone network to action on remand, and issued an interim to perform research and planning deliver services—such as voice mail, E- waiver. Specifically, the Bureau activities and technical trials for Mail, and gateways to on-line concluded that, after the partial remand enhanced services; (5) continue existing databases—beyond a basic transmission of the BOC Safeguards Order, the BOCs market trials, conditioned on their filing offering. The commission established a may generally provide enhanced the market trial notifications required two-step process in Computer III for the services that comply with the CEI plan under the CEI plan regime; and (6) begin removal of structural separation regime in effect before the Commission market trials of new enhanced services restrictions. Initially, BOCs were completely lifted structural separation pursuant to the market trial permitted to offer individual enhanced requirements. The Bureau granted the services on a structurally integrated requirements of the CEI plan regime. BOCs a limited waiver to continue The Bureau declined to treat video- basis once they had received FCC providing those enhanced services that approval of service-specific Comparably dialtone-related enhanced services they first offered after the CEI plan differently from other new enhanced Efficient Interconnection (CEI) plans. approval requirement had expired, services. Those plans were required to detail how conditioned on their filing CEI plans for the BOCs would make the underlying those services within sixty days after the Ordering Clauses network services used by their own release of the waiver order. The enhanced service offerings available to Memorandum Opinion and Order also 1. Accordingly, IT IS ORDERED that competing enhanced service providers granted the BOCs a limited waiver to pursuant to §§ 0.91, 0.291, and 1.3 of the (ESPs) on an equal access basis. continue existing market trials initiated Commission’s Rules, 47 CFR §§ 0.91, 2. In the second stage of Computer III, after the expiration of the CEI plan 0.291, and 1.3, the BOC Joint BOCs were required to develop Open approval requirement, conditioned on Contingency Petition for Interim Waiver Network Architecture (ONA) plans the BOCs’ filing market trial of the Computer II Rules, IS GRANTED detailing how they would unbundle and notifications within sixty days after the to the extent described herein and make available basic network services, release of the waiver order. To the otherwise Denied. and describing how they would comply extent that the decision remanding the 2. It is further ordered that this order with other nonstructural safeguards. BOC Safeguards Order might be is effective upon issuance of the Ninth Upon FCC approval of the initial BOC regarded as returning regulation to the ONA plans, the remaining structural Computer II framework of full structural Circuit’s mandate in California III. separation requirements were to be separation, the Memorandum Opinion List of Subjects in 47 CFR Part 64 lifted. Following a remand from the and Order granted the BOCs limited Court of Appeals for the Ninth Circuit, waivers of the Computer II structural Communications common carriers; the Commission strengthened and separation requirements. Computer technology. reaffirmed its regime of nonstructural 5. The Bureau concluded that the Federal Communications Commission. safeguards in the 1991 BOC Safeguards safeguards provided by the CEI plan Order (57 FR 4373 (February 5, 1992)). regime would protect against potential William F. Caton, Between 1992 and 1993, the Common anticompetitive conduct by the BOCs Acting Secretary. Carrier Bureau granted full structural during the pendency of remand [FR Doc. 95–2948 Filed 2–6–95; 8:45 am] relief to the BOCs upon a showing that proceedings. The Memorandum BILLING CODE 6712±01±M Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7133 DEPARTMENT OF DEFENSE (b) * * * RSPA is unable to complete rulemaking (4) * * * A loss may be allowed, action on that notice by the proposed GENERAL SERVICES however, to the extent that the compliance date with respect to gas ADMINISTRATION contractor can demonstrate that unusual transmission lines in less populated circumstances exist (e.g., (i) where the areas. This document announces a NATIONAL AERONAUTICS AND contractor must provide food or suspension of enforcement for SPACE ADMINISTRATION dormitory services at remote locations compliance with the final rule where adequate commercial facilities requirements for certain gas 48 CFR Part 31 are not reasonably available, or (ii) transmission lines. where charged but unproductive labor EFFECTIVE DATE [FAC 90±25; FAR Case 94±750] : January 30, 1995. costs would be excessive but for the FOR FURTHER INFORMATION CONTACT: Federal Acquisition Regulation; services provided or where cessation or Albert C. Garnett, (202) 366–2036, Technical Correction reduction of food or dormitory Office of Pipeline Safety, regarding the operations will not otherwise yield net subject matter of this notice, or Dockets AGENCIES: Department of Defense (DOD), cost savings) such that even with Unit, (202) 366–5046 for copies of this General Services Administration (GSA), efficient management, operating the notice or other materials in the docket. and National Aeronautics and Space services on a break-even basis would SUPPLEMENTARY INFORMATION: On April Administration (NASA). require charging inordinately high 12, 1994, RSPA published a Final Rule ACTION: Technical correction. prices, or prices or rates higher than ‘‘Passage of Internal Inspection Devices’’ those charged by commercial (59 FR 17275) that required certain new SUMMARY: The Civilian Agency establishments offering the same Acquisition Council and the Defense and existing pipelines on which services in the same geographical areas. replacements are made to accommodate Acquisition Regulations Council are *** issuing a correction to Federal the passage of smart pigs. On May 4, Acquisition Circular 90–25. Text was Dated: February 1, 1995. 1994, the Interstate Natural Gas omitted from 31.205–13(b)(4) which Edward C. Loeb, Association of America (INGAA) filed a appeared in FAR case 94–750— Deputy Project Manager for the ‘‘Request for a Stay of the Effective Date Entertainment, Gift, and Recreation Implementation of the Federal Acquisition [May 12, 1994] of the Final Rule; Costs for Contractor Employees. At 60 Streamlining Act of 1974. Passage of Instrumented Internal FR 3315, January 13, 1995, third [FR Doc. 95–2875 Filed 2–6–95; 8:45 am] Inspection Devices.’’ Also, on May 10, column, paragraph 4, in the sixth line BILLING CODE 6820±34±M 1994, INGAA filed a ‘‘Petition of from the bottom of the paragraph insert Reconsideration of the Final Rule; ‘‘or prices or rates higher than those Passage of Instrumented Internal charged by Commercial’’ following DEPARTMENT OF TRANSPORTATION Inspection Devices.’’ Additionally, on ‘‘prices,’’. May 10, 1994, the American Gas Research and Special Programs DATES: Effective Date: January 13, 1995. Association (AGA) filed a ‘‘Request for Comment Date: Comments should be Administration Administrative Stay of the May 12, 1994 effective date and Petition for submitted to the FAR Secretariat at the 49 CFR Part 192 address shown below on or before Reconsideration of RSPA’s Final Rule March 14, 1995, to be considered in the [Docket No. PS±126; Notice 3] on Passage of Instrumented Internal formulation of a final rule. Inspection Devices.’’ RIN 2137±AB71 On May 12, 1994, RSPA advised ADDRESSES: All interested parties INGAA, AGA and the American should submit written comments to: Passage of Instrumented Internal Petroleum Institute that, until further General Services Administration, FAR Inspection Devices; Limited notice, it would not enforce the Secretariat (VRS), 18th and F Sts. NW., Suspension of Compliance Dates requirement that gas and liquid Room 4035, Attn: Ms. Beverly Fayson, AGENCY: operators remove all obstructions in the Washington, DC 20405. Research and Special Programs Please cite FAC 90–25, FAR case 94– Administration (RSPA), DOT. ‘‘line section’’ that prevent the passage 750 in all correspondence related to this ACTION: Limited Suspension of of smart pigs whenever, the line pipe, interim rule. Enforcement for compliance with final valve, fitting or other line component is replaced. However, RSPA stated that the FOR FURTHER INFORMATION CONTACT: rule. suspension did not effect the Mr. Clarence M. Belton, Team Leader, SUMMARY: By final rule published April requirement, effective on May 12, 1994, Cost Principles Team, at (703) 602– 12, 1994, RSPA required that new and that operators design and construct 2357, in reference to this FAR case. For replaced pipeline facilities be certain new onshore and offshore general information, contact the FAR constructed to accommodate inspection pipelines or the actual line pipe, valve, Secretariat, Room 4037, GS Building, by instrumented internal inspection fitting or other component replaced to Washington, DC 20405 (202) 501–4755. devices commonly known as ‘‘smart accommodate smart pigs. Please cite FAC 90–25, FAR case 94– pigs.’’ Two petitioners requested On September 30, 1994, RSPA 750. reconsideration of that rule as it applies published an NPRM (Notice 2) ‘‘Passage Correction to gas pipelines and a stay of the of Instrumented Internal Inspection The corrected third sentence of compliance date. In response to these Devices’’ (59 FR 49896) that responded paragraph (b)(4) of section 31.205–13 petitions, RSPA issued a Notice of to the requests and petitions from the should read as follows: Proposed Rulemaking (NPRM) two gas pipeline associations. In Notice proposing to modify the rule and extend 2, RSPA: (1) Stated that its May 12, 31.205±13 Employee morale, health, the compliance dates with respect to 1994, suspension (above) of welfare, food service, and dormitory costs certain gas transmission lines. Because enforcement with respect to hazardous and credits. of the need to evaluate the numerous liquid and carbon dioxide pipelines was * * * * * comments to proposals in the NPRM, lifted effective September 30, 1994, and 7134 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations compliance would be enforced; (2) DEPARTMENT OF COMMERCE Conservation and Management Act proposed exceptions to the line section (Magnuson Act). modification requirement with respect National Oceanic and Atmospheric The 1994–95 fishing year quota for to certain gas transmission lines in Class Administration the commercial hook-and-line fishery 1 and 2 locations; (3) proposed for Gulf group king mackerel in the 50 CFR Part 642 exceptions with respect to all but Florida west coast sub-zone was reached certain new offshore gas transmission and the fishery was closed on December [Docket No. 950201032±5032±01; I.D. 20, 1994 (59 FR 66276, December 23, lines; and (4) proposed that an operator 011095C] 1994). Landings estimates for the west replacing line pipe, valve, fitting, or coast sub-zone show disproportionate other line component in a gas RIN 0648±AH25 catches between Florida’s northwest transmission line in a Class 1 or 2 Coastal Migratory Pelagic Resources and southwest coast fisheries. Most of location would not need to comply with of the Gulf of Mexico and South the 432,500-lb (196,179-kg) west coast the requirement to modify the line Atlantic; Additional King Mackerel sub-zone quota was taken off northwest section until February 2, 1995. Quota Florida before the traditional and There has been extensive comment as principal fishery in southwest Florida AGENCY: well as a formal recommendation by the National Marine Fisheries could take its usual catch. The Service (NMFS), National Oceanic and Technical Pipeline Safety Standards unusually high northwest Florida king Atmospheric Administration (NOAA), Committee to reconsider the proposals mackerel landings this fishing year Commerce. in Notice 2 (above). However, represent an almost fourfold increase in commenters did not object to delaying ACTION: Emergency interim rule. production over last year (about 400,000 lbs (181,437 kg) compared to last year’s enforcement of the requirement to SUMMARY: NMFS publishes this modify line sections in gas transmission 100,000-lb (45,359 kg) catch), and are emergency interim rule to add to the attributable to increased fishing effort. lines; instead several commenters urged commercial quota for the hook-and-line Fleet size of major harvesters doubled continuation of the stay of enforcement fishery in the Florida west coast sub- from 21 to 51 vessels since last fishing until after completion of the rulemaking zone of the Gulf migratory group of king year, and uncommon fall weather proceedings. Thus, in order to evaluate mackerel, reopen that fishery under the provided favorable fishing conditions in fully these comments, RSPA has additional quota, and implement a the northeastern Gulf of Mexico through decided to continue a limited stay of vessel possession limit of 125 king mid-December 1994. Prolonged warm enforcement for compliance with the mackerel per trip during the period that fall weather also was responsible for a final rule with respect to modification of the fishery remains open. This rule delay in the timing of the usual line sections in onshore gas responds to an economic and social migration of king mackerel from the transmission lines; and with respect to emergency in the commercial fishery for northeastern Gulf to overwintering new and existing offshore gas Gulf group king mackerel off the grounds off southwest Florida. transmission lines. This suspension of southwest coast of Florida caused by the The significantly reduced catch enforcement will remain in effect until unforeseen harvest of most of the quota caused by the unforeseen harvest of RSPA completes the evaluation of the by the fishery off Florida’s northwest most of the quota by the fishery off comments to Notice 2 and sets out the coast. Florida’s northwest coast has created a determination with respect to those EFFECTIVE DATE: February 1, 1995 social and economic emergency. comments and establishes new through May 8, 1995. Accordingly, the Gulf of Mexico Fishery compliance dates in a subsequent ADDRESSES: Copies of documents Management Council (Council) rulemaking. supporting this action, including an requested that NMFS implement an environmental assessment, may be emergency interim rule to add 300,000 Pipeline operators are cautioned that lbs (136,078 kg) to the commercial quota the requirements of the April 12, 1994, obtained from Mark F. Godcharles, Southeast Regional Office, NMFS, 9721 and reopen the commercial hook-and- final rule for design and construction to Executive Center Drive N., St. line king mackerel fishery in the Florida accommodate the passage of smart pigs Petersburg, FL 33702. Copies of a west coast sub-zone, which will be enforced for: Hazardous liquid minority report from the Gulf of Mexico encompasses that part of the exclusive and carbon dioxide pipelines; new economic zone (EEZ) from the Alabama/ Fishery Management Council are also ° ′ ′′ onshore gas transmission lines; and the available from this address. Florida boundary (87 31 06 W. long.) actual replaced line pipe, valve, fitting, to the Dade/Monroe County, FL, FOR FURTHER INFORMATION CONTACT: or other line component in onshore gas boundary (25°20.4′ N. lat.). The Mark F. Godcharles, 813–570–5305. transmission lines. commercial hook-and-line fishery will SUPPLEMENTARY INFORMATION: The remain open during the period of this (49 U.S.C. 60102 et seq.; 49 CFR 1.53) fishery for coastal migratory pelagic emergency or until the date NMFS Issued in Washington, DC on January 30, resources (king mackerel, Spanish determines that the revised quota of 1995. mackerel, cero, cobia, little tunny, 732,500 lb (332,256 kg) has been George W. Tenley, Jr., dolphin, and, in the Gulf of Mexico reached or is projected to be reached, Associate Administrator for Pipeline Safety. only, bluefish) is managed under the whichever comes first. Harvests of king [FR Doc. 95–2955 Filed 2–6–95; 8:45 am] Fishery Management Plan for the mackerel from the open area are limited Coastal Migratory Pelagic Resources of to 125 fish per vessel per trip. BILLING CODE 4910±60±P the Gulf of Mexico and South Atlantic The Council and NMFS have (FMP). The FMP was prepared by the concluded that the present fishery Gulf of Mexico and South Atlantic situation constitutes a social and Fishery Management Councils economic emergency that is properly (Councils), and is implemented through addressed by this emergency interim regulations at 50 CFR part 642 under the rule. The emergency situation: (1) authority of the Magnuson Fishery Results from recent, unforeseen events; Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7135 (2) is causing serious economic and Florida. This distribution of harvest, The Gulf group king mackerel stock social problems in the fishery; and (3) evident since the early 1900s, has been has been considered overfished justifies an emergency interim rule that dependent on a seasonal abundance of according to the FMP’s definition of would have immediate benefits king mackerel on overwintering grounds overfishing. The FMP defines outweighing the value of prior notice off southwest Florida. As a result of this overfishing as harvesting at a rate not and an opportunity for public comment historic pattern, the southwest Florida consistent with the stock rebuilding and deliberative consideration provided fishing industry has developed a schedule and its target level for stock under the normal FMP amendment and significant seasonal dependence on this size. The FMP also requires the Council rulemaking process. The basis for these resource. to develop annual ABC ranges based on conclusions is summarized in the The immediate social and economic a fishing mortality rate that will achieve following paragraphs. benefits of adding to the commercial and maintain at least a minimum Fishermen in the hook-and-line quota for the hook-and-line fishery in specified spawning potential ratio (SPR) commercial fishery for Gulf group king the Florida west coast sub-zone and of 30 percent. Under this management mackerel fishery off the southwest coast reopening that fishery during this approach, the adult spawning stock of Florida will suffer undue social and winter season outweigh the value of biomass and the annual ABCs for Gulf economic hardships unless timely providing opportunity for advance group king mackerel have continued to action is taken to allow additional king public review and comment. increase during the last nine years of mackerel catches during the 1994–95 NMFS has concluded that this FMP quota management. In addition, a fishing year. A substantial portion of emergency action will not adversely recent workshop of stock assessment these fishermen’s annual income is affect the current status of the Gulf biologists concluded that the SPR of 30 earned during the winter season group king mackerel stock nor its percent may be too high a threshold, (November to March) fishing for king rebuilding under the program and that a SPR of 20 percent is more mackerel. Record low catches this established by the FMP. The additional appropriate. Due to this new scientific fishing year have provided insufficient 300,000-lb commercial quota for king finding, and to the overall improved revenues to meet usual living and mackerel for the Florida west coast sub- condition of the resource, the Council’s business expenses. zone does not significantly increase the mackerel stock assessment panel is Opportunities to offset lost income by level of risk of exceeding the acceptable expected to consider a reduction in the prosecuting other fisheries are limited SPR level in 1995. Under a SPR of 20 and not readily available to these biological catch (ABC) for the 1994–95 fishing year. In addition, estimates percent, the Gulf group king mackerel fishermen. Other fisheries in which arguably should no longer be considered presently owned gear could be used or indicate that recreational catches did not exceed, but rather were 20 percent overfished. converted for use are mostly One Gulf Council member submitted (about 700,000 lb (317,515 kg)) below, overcapitalized, unavailable, or most of a minority report objecting to the the 1994–95 recreational allocation of the seasonal catch already has been request for emergency action. A copy of 5.3 million lb (2.4 million kg). As a harvested. this report is available upon request (see result, NMFS believes that the Events and circumstances that caused ADDRESSES). the disproportionately low catches of additional quota allocation should not The Council believes that emergency king mackerel off Florida’s southwest measurably affect the stock rebuilding action is an appropriate means to coast this winter to date were essentially program, which requires the overfished provide expedient relief from the unforeseen and uncontrollable. The stock to be rebuilt within about one current social and economic problems unprecedented large catches of king generation time (i.e., within 12 years or in the fishery. NMFS concurs. mackerel taken off northwest Florida by the end of 1996–97 fishing year). Accordingly, NMFS publishes this this fishing year resulted significantly If future changes in total allowable emergency interim rule, effective from an increased fishing effort in that catch (TAC) for Gulf group king February 1, 1995, through May 8, 1995, area (i.e., a doubling of the northwest mackerel are necessary, as may be as authorized by section 305(c) of the Florida king mackerel fishing fleet) that determined based on subsequent NMFS Magnuson Act. By agreement of NMFS could not be restrained under current scientific stock assessments, the Council and the Council, this emergency interim FMP measures and implementing will make the necessary adjustments in rule may be extended for an additional regulations. The fourfold increase in TAC for the appropriate fishing year to period of 90 days. fishery production and the taking of ensure maintenance of the stock most of the 432,500-lb (196,179-kg) rebuilding schedule. Any future changes Classification hook-and-line west coast sub-zone quota in TAC will be based not only on any The Assistant Administrator for off northwest Florida also resulted from measurable effects of this emergency Fisheries, NOAA, (AA) has determined a prolonged fall fishing season, the action, but on the Council’s continuing that this rule is necessary to respond to absence of vessel trip/possession limits assessment of the levels of biological an emergency situation and is consistent and regional quotas, and delayed risk associated with the TAC of 7.8 with the Magnuson Act and other migration of king mackerel to traditional million lb (3.5 million kg) implemented applicable law. overwintering grounds off southwest for the past 3 fishing years. The Council This emergency interim rule has been Florida. will also consider the impact of determined to be not significant for The disproportionately large king persistent quota overruns, which have purposes of Executive Order 12866. mackerel catch this fishing year in occurred since the beginning of quota The AA finds for good cause under 5 Florida’s northwest fishery is management. Finally, to avoid future U.S.C. 553(b)(B) that the need to relieve substantially different from recent years. emergency situations of this nature, the social and economic hardships in the During previous fishing years, both Council is initiating action that will Gulf of Mexico mackerel fishery makes before and after the institution of quota ensure an equitable distribution of the it impracticable and contrary to the management under the FMP, the major catch between the regional fisheries public interest to provide prior notice portion of the annual harvest of the Gulf within the Florida west coast sub-zone and opportunity for public comment on group king mackerel west coast sub- that share the hook-and-line commercial this rule. Because this rule relieves a zone quota was taken off southwest quota for Gulf group king mackerel. restriction, under 5 U.S.C. 553(d)(1) it is 7136 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations not subject to a 30-day delay in effective vessels fishing under an annual vessel FOR FURTHER INFORMATION CONTACT: date and is being made effective permit specified in § 642.4(a)(1) with Andrew N. Smoker, 907–586-7228. immediately. hook-and-line gear in the Florida west SUPPLEMENTARY INFORMATION: coast subzone. The List of Subjects in 50 CFR Part 642 (3) The provisions of § 642.26(b) groundfish fishery in the GOA exclusive Fisheries, Fishing, Reporting and regarding fishing for, retention of, and economic zone is managed by the NMFS recordkeeping requirements. sale of fish after a closure do not apply according to the Fishery Management to king mackerel harvested by vessels Plan for Groundfish of the Gulf of Dated: February 1, 1995. Alaska (FMP) prepared by the North Nancy Foster, fishing under an annual vessel permit specified in § 642.4(a)(1) with hook-and- Pacific Fishery Management Council Deputy Assistant Administrator for Fisheries, under authority of the Magnuson National Marine Fisheries Service. line gear in the Florida west coast subzone; and Fishery Conservation and Management For the reasons set out in the (4) A person for whom the trip/ Act. Fishing by U.S. vessels is governed preamble, 50 CFR part 642 is amended possession limit specified in paragraph by regulations implementing the FMP at as follows: (b)(1) of this section applies may not 50 CFR parts 620 and 672. transfer at sea from one vessel to PART 642ÐCOASTAL MIGRATORY The interim specification of pollock another a king mackerel— total allowable catch in Statistical Area PELAGIC RESOURCES OF THE GULF (i) Taken in the EEZ, regardless of OF MEXICO AND SOUTH ATLANTIC 61 was established by interim where such transfer takes place; or specifications (59 FR 65990, December (ii) In the EEZ, regardless of where 1. The authority citation for part 642 22, 1994) as 7,595 metric tons (mt), continues to read as follows: such king mackerel was taken. (c) The Assistant Administrator will determined in accordance with Authority: 16 U.S.C. 1801 et seq. close the commercial fishery for king § 672.20(c)(1)(ii)(A). 2. In § 642.7, new paragraph (y) is mackerel for vessels fishing with hook- The Director of the Alaska Region, added to read as follows: and-line gear in the Florida west coast NMFS (Regional Director), has subzone when he determines that the determined, in accordance with § 642.7 Prohibitions. revised quota specified in paragraph (a) § 672.20(c)(2)(ii), that the 1995 interim * * * * * of this section has been reached or is specification of pollock in Statistical (y) In the Florida west coast projected to be reached. The Assistant Area 61 soon will be reached. The subzone— Administrator will file a notification of Regional Director established a directed (1) Exceed the trip/possession limit that date with the Office of the Federal fishing allowance of 6,095 mt, and has for king mackerel, as specified in Register. set aside the remaining 1,500 mt as § 642.32(b)(1); or (d) For the purposes of this section, bycatch to support other anticipated (2) Transfer king mackerel at sea, as the Florida west coast subzone extends groundfish fisheries. Because of the low specified in § 642.32(b)(4). from the Alabama/Florida boundary directed fishing allowance and high 3. In subpart B, new § 642.32 is added (87°31′06′′ W. long.) to the Dade/ interest in the fishery, there will be to read as follows: Monroe County, FL, boundary (25°20.4′ insufficient time to collect and analyze § 642.32 Opening of the commercial king N. lat.). catch data and take appropriate action mackerel fishery for Gulf group king [FR Doc. 95–2893 Filed 2–1–95; 4:58 pm] to ensure the directed fishing allowance mackerel. BILLING CODE 3510±22±P is not reached. Therefore, based on the (a) Other provisions of this part 642 best available information, the Regional notwithstanding, the commercial fishery Director has determined that the for king mackerel for vessels fishing 50 CFR Part 672 directed fishing allowance will be under an annual vessel permit specified reached by 12 noon A.l.t., February 2, in § 642.4(a)(1) with hook-and-line gear [Docket No. 941249±4349; I.D. 020295A] 1995. Consequently, NMFS is in the Florida west coast subzone is Groundfish of the Gulf of Alaska; prohibiting directed fishing for pollock opened under a revised quota of 732,500 Pollock in Statistical Area 61 in Statistical Area 61. lb (332,256 kg) for the 1994–95 fishing Directed fishing standards for year. AGENCY: National Marine Fisheries applicable gear types may be found in (b) During the opening of the Service (NMFS), National Oceanic and the regulations at § 672.20(g). commercial fishery for Gulf group king Atmospheric Administration (NOAA), mackerel specified in paragraph (a) of Commerce. Classification this section— ACTION: Closure. (1) King mackerel in or from the EEZ This action is taken under 50 CFR in the Florida west coast subzone may SUMMARY: NMFS is closing the directed 672.20 and is exempt from review under not be possessed aboard or landed from fishery for pollock in Statistical Area 61 E.O. 12866. a vessel in a day in quantities exceeding in the Gulf of Alaska (GOA). This action Authority: 16 U.S.C. 1801 et seq. 125 fish. A person who fishes in the is necessary to prevent exceeding the Dated: February 2, 1995. EEZ may not combine this trip/ interim specification for pollock in this possession limit with any trip or area. David S. Crestin, possession limit applicable to state EFFECTIVE DATE: 12 noon, Alaska local Acting Director, Office of Fisheries waters; time (A.l.t.), February 2, 1995, until 12 Conservation and Management, National (2) The provisions of § 642.24(a)(4) noon A.l.t., April 1, 1995, unless Marine Fisheries Service. regarding sale of fish after a closure do superseded by the final 1995 [FR Doc. 95–2979 Filed 2–2–95; 3:12 pm] not apply to king mackerel harvested by specifications in the Federal Register. BILLING CODE 3510±22±F 7137 Proposed Rules Federal Register Vol. 60, No. 25 Tuesday, February 7, 1995 This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Denver, CO, during the past year. After contains notices to the public of the proposed Background removing Denver, CO, as a limited port issuance of rules and regulations. The of entry, there are still many ports purpose of these notices is to give interested The regulations in 9 CFR parts 92 and throughout the United States that will persons an opportunity to participate in the 98 (referred to below as the regulations) remain available as alternate ports, rule making prior to the adoption of the final restrict the importation of specified including over 20 limited ports. Because rules. animals, animal products, and animal germ plasm into the United States to of the reasons provided above, we prevent the introduction of various believe that removing Denver, CO, from DEPARTMENT OF AGRICULTURE animal diseases. The regulations the lists of limited ports will have little designate limited ports of entry for germ if any economic impact on importers or Animal and Plant Health Inspection other entities, large or small. We do not Service plasm and certain animals and animal products, such as test specimens, that anticipate any change in the volume or 9 CFR Parts 92 and 98 do not require restraint or holding number of shipments of animals, animal facilities. Sections 92.102(d), 92.203(d), products, or germ plasm entering the United States, or in the number of [Docket No. 94±110±1] 92.303(d), 92.403(e), 92.503(e), and 98.33(d) of the regulations list the persons importing them, due to Limited Ports; Denver, CO limited ports having inspection facilities removing Denver, CO, as a limited port. for the importation of certain birds, Under these circumstances, the AGENCY: Animal and Plant Health poultry and poultry products, horses Administrator of the Animal and Plant Inspection Service, USDA. and horse products, ruminants and Health Inspection Service has ACTION: Proposed rule. ruminant products, swine and swine products, and germ plasm, respectively. determined that this action would not SUMMARY: We are proposing to amend Denver, CO, is currently listed in have a significant economic impact on the regulations concerning importation these sections as a limited port. a substantial number of small entities. of animals and animal germ plasm by However, due to staffing shortages in Executive Order 12778 removing Denver, CO, from the list of Denver, CO, the Animal and Plant limited ports of entry for animals and Health Inspection Service (APHIS) This proposed rule has been reviewed animal products that do not require cannot guarantee that personnel will be under Executive Order 12778, Civil restraint or holding facilities. The port available on a regular basis to perform Justice Reform. If this proposed rule is has handled few importations and no inspections required by the regulations. adopted: (1) All State and local laws and longer has the personnel required to Further, within the past year, there have regulations that are inconsistent with effectively provide inspection services been few shipments of animals, animal this rule will be preempted; (2) no for this location. products, or germ plasm arriving at the retroactive effect will be given to this DATES: Consideration will be given only port in Denver, CO, for inspection. For rule; and (3) administrative proceedings these reasons, APHIS proposes to to comments received on or before April will not be required before parties may amend §§ 92.102(d), 92.203(d), 10, 1995. file suit in court challenging this rule. 92.303(d), 92.403(e), 92.503(e), and ADDRESSES: Please send an original and 98.33(d) of the regulations by removing three copies of your comments to Paperwork Reduction Act Denver, CO, as a limited port. Docket No. 94–110–1, Animal and Plant This proposed rule contains no Health Inspection Service, Policy and Executive Order 12866 and Regulatory information collection or recordkeeping Program Development, Regulatory Flexibility Act requirements under the Paperwork Analysis and Development, 4700 River This proposed rule has been reviewed Reduction Act of 1980 (44 U.S.C. 3501 Road Unit 118, Riverdale, MD 20737– under Executive Order 12866. For this et seq.). 1238. Please state that your comments action, the Office of Management and refer to Docket No. 94–110–1. Budget has waived its review process List of Subjects Comments received may be inspected at required by Executive Order 12866. 9 CFR Part 92 USDA, room 1141, South Building, 14th Only certain animals and animal Street and Independence Avenue SW., products from Canada and germ plasm Animal diseases, Imports, Livestock, Washington, DC, between 8 a.m. and have been imported into Denver, CO, Poultry and poultry products, 4:30 p.m., Monday through Friday, during the past several years. Therefore, Quarantine, Reporting and except holidays. Persons wishing to we believe that the primary impact of recordkeeping requirements. inspect comments are requested to call this proposal will be on importers of ahead on (202) 690–2817 to facilitate those animals and animal products from 9 CFR Part 98 entry into the comment reading room. Canada and importers of animal germ Animal diseases, Imports. FOR FURTHER INFORMATION CONTACT: Dr. plasm. These importers will no longer David Vogt, Senior Staff Veterinarian, be able to import these articles through Accordingly, 9 CFR parts 92 and 98 Animal and Plant Health Inspection the Stapleton International Airport, would be amended as follows: Service, Veterinary Services, National which is located in Denver, CO. Center for Import-Export, 4700 River However, there have been few Road Unit 38, Riverdale, Maryland shipments of animals, animal products, 20737–1231; (301) 734–8172. or germ plasm imported through 7138 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules PART 92ÐIMPORTATION OF CERTAIN States. Declaring Spain free of swine that the U.S. Department of Agriculture ANIMALS AND POULTRY AND vesicular disease appears to be (USDA) declare Spain to be free of SVD. CERTAIN ANIMAL AND POULTRY appropriate because there have been no The Animal and Plant Health PRODUCTS; INSPECTION AND OTHER outbreaks of swine vesicular disease in Inspection Service (APHIS) reviewed REQUIREMENTS FOR CERTAIN Spain since April 1993. This proposed the documentation submitted by the MEANS OF CONVEYANCE AND rule would relieve certain prohibitions Government of Spain in support of its SHIPPING CONTAINERS THEREON and restrictions on the importation into request. A team of APHIS officials the United States, from Spain, of swine travelled to Spain to conduct an on-site 1. The authority citation for part 92 and fresh, chilled, and frozen meat of evaluation of the country’s animal would continue to read as follows: swine. However, because African swine health program with regard to the SVD Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; fever continues to exist in Spain, certain situation in Spain. The evaluation 21 U.S.C. 102–105, 111, 114a, 134a, 134b, pork and pork products would continue consisted of a review of Spain’s 134c, 134d, 134f, 135, 136, and 136a; 31 to be prohibited. veterinary services, laboratory and U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d). diagnostic procedures, vaccination DATES: Consideration will be given only practices, and administration of laws § 92.102 [Amended] to comments received on or before April and regulations intended to prevent the 10, 1995. 2. In § 92.102, paragraph (d) would be introduction of SVD into Spain through amended by removing ‘‘Denver, CO;’’. ADDRESSES: Please send an original and the importation of animals, meat, or §§ 92.203, 92.303, 92.403, and 92.503 three copies of your comments to animal products. (Details concerning the [Amended] Docket No. 94–137–1, USDA, APHIS, on-site evaluation are available, upon PPD, Regulatory Analysis and 3. Sections 92.203, 92.303, 92.403, written request, from the person listed Development, 4700 River Road Unit and 92.503 would be amended by under FOR FURTHER INFORMATION 118, Riverdale, MD 20737–1238. removing the words ‘‘Denver, CONTACT.) Comments received may be inspected at Colorado;’’ in the following places: Based on the information discussed (a) In § 92.203, paragraph (d); USDA, room 1141, South Building, 14th above, we are proposing to amend (b) In § 92.303, paragraph (d); Street and Independence Avenue SW., § 94.12(a) by adding Spain to the list of (c) In § 92.403, paragraph (e); and Washington, DC, between 8 a.m. and countries declared free of SVD. This (d) In § 92.503, paragraph (e). 4:30 p.m., Monday through Friday, action would relieve certain restrictions except holidays. Persons wishing to and prohibitions on the importation, PART 98ÐIMPORTATION OF CERTAIN inspect comments are requested to call from Spain, of swine and fresh, chilled, ANIMAL EMBRYOS AND ANIMAL ahead on (202) 690–2817 to facilitate and frozen meat of swine. SEMEN entry into the comment reading room. However, we are also proposing to 4. The authority citation for part 98 FOR FURTHER INFORMATION CONTACT: Dr. amend § 94.13(a) by adding Spain to the would be revised to read as follows: John Blackwell, Senior Staff list of countries that have been declared free of SVD but from which the Authority: 7 U.S.C. 1622; 21 U.S.C. 103, Veterinarian, USDA, APHIS, Veterinary 104, 105, 111, 134a, 134b, 134c, 134d, 134f, Services, National Center for Import- importation of pork and pork products 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17, Export, Import-Export Animals Staff, is restricted. The countries listed in 2.51, and 371.2(d). 4700 River Road Unit 38, Riverdale, MD § 94.13(a) are subject to these 20737–1231, (301) 734–7834. restrictions because they: (1) § 98.33 [Amended] Supplement their national pork supply 5. In § 98.33, paragraph (d) would be SUPPLEMENTARY INFORMATION: by importing fresh, chilled, or frozen amended by removing the words Background pork from countries where SVD is ‘‘Denver, Colorado;’’. considered to exist; (2) have a common Done in Washington, DC, this 1st day of The regulations in 9 CFR part 94 land border with countries where SVD February 1995. (referred to below as the regulations) is considered to exist; or (3) have certain George O. Winegar, govern the importation into the United trade practices that are less restrictive Acting Administrator, Animal and Plant States of specified animals and animal than are acceptable to the United States. Health Inspection Service. products in order to prevent the Spain supplements its national pork [FR Doc. 95–2899 Filed 2–6–95; 8:45 am] introduction into the United States of supply by importing fresh, chilled, and BILLING CODE 3410±34±P various animal diseases, including frozen pork from countries where SVD rinderpest, foot-and-mouth disease is considered to exist. In addition, Spain (FMD), bovine spongiform has common land borders with Portugal 9 CFR Part 94 encephalopathy, African swine fever, and France. These countries are [Docket No. 94±137±1] hog cholera, and swine vesicular disease designated in § 94.12(a) as countries (SVD). These are dangerous and where SVD exists. As a result, even Change in Disease Status of Spain destructive communicable diseases of though Spain appears to qualify for Because of Swine Vesicular Disease ruminants and swine. designation as a country free of SVD, AGENCY: Animal and Plant Health Section 94.12(a) of the regulations there is potential for pork and pork Inspection Service, USDA. provides that SVD is considered to exist products produced in Spain to be ACTION: Proposed rule. in all countries of the world except commingled with the fresh, chilled, or those listed in § 94.12(a), which have frozen meat of animals from a country SUMMARY: We are proposing to declare been declared to be free of SVD. We will where SVD exists. This potential for Spain free of swine vesicular disease. As consider declaring a country to be free commingling constitutes an undue risk part of this proposed action, we would of SVD if there have been no reported of introducing SVD into the United add Spain to the list of countries that, cases of the disease in that country for States. although declared free of swine at least the previous 1-year period. Therefore, we are proposing that pork vesicular disease, are subject to There have been no outbreaks of SVD in and pork products, as well as any ship’s restrictions on pork and pork products Spain since April 1993. Based on this, stores, airplane meals, and baggage offered for importation into the United the Government of Spain has requested containing such pork, offered for Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7139 importation into the United States from approximately $69,000, and Authority: 7 U.S.C. 147a, 150ee, 161, 162, Spain be subject to the restrictions representing only 0.008 percent of total and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, specified in § 94.13 of the regulations U.S. pork imports for that year. 134a, 134b, 134c, 134f, 136, and 136a; 31 and to the applicable requirements Further, Spain has historically U.S.C. 9701; 42 U.S.C. 4331, and 4332; 7 CFR contained in the regulations of the imported significantly larger amounts of 2.17, 2.51, and 371.2(d). USDA’s Food Safety and Inspection pork and pork products than it exports. § 94.12 [Amended] Service at 9 CFR chapter III. Section During 1991 and 1992, Spain imported 2. In § 94.12, paragraph (a), the first 94.13 generally requires that pork and 66,300 metric tons of pork while sentence would be amended by adding exporting only 13,000 metric tons pork products be: (1) Prepared in an ‘‘Spain,’’ immediately after ‘‘Rumania,’’. inspected establishment that is eligible (‘‘FAO, Production Yearbook, 1992,’’ to have its products imported into the 1992, and ‘‘FAO, Trade Yearbook,’’ § 94.13 [Amended] United States under the Federal Meat 1992). Given Spain’s negative trade 3. In § 94.13, the introductory text, the Inspection Act; and (2) accompanied by balance for pork and pork products, and first sentence would be amended by an additional certification from a full- since it is unlikely that Spain would adding ‘‘Spain,’’ immediately after time salaried veterinary official of the export a significant portion of its pork ‘‘Republic of Ireland,’’. national government of the exporting exports exclusively to the United States, country, stating that the pork or pork the effect of this proposed rule on U.S. Done in Washington, DC, this 1st day of February 1995. product has not been commingled with domestic prices or supplies or on U.S. or exposed to meat or other animal businesses, including small entities, is George O. Winegar, products originating in, imported from, expected to be negligible. Acting Administrator, Animal and Plant or transported through a country in Under these circumstances, the Health Inspection Service. which SVD is considered to exist. Administrator of the Animal and Plant [FR Doc. 95–2898 Filed 2–6–95; 8:45 am] Because African swine fever exists in Health Inspection Service has BILLING CODE 3410±34±P Spain, the importation of pork and pork determined that this action would not products from Spain would continue to have a significant economic impact on be subject to the restrictions in § 94.8 for a substantial number of small entities. FEDERAL DEPOSIT INSURANCE pork and pork products from countries Executive Order 12778 CORPORATION where African swine fever exists or is reasonably believed to exist. Pork and This proposed rule has been reviewed 12 CFR Part 348 pork products could be imported into under Executive Order 12778, Civil RIN 3064±AB30 the United States from Spain only if Justice Reform. If this proposed rule is adopted: (1) All State and local laws and processed in accordance with the Management Official Interlocks regulations in § 94.8. Live swine regulations that are inconsistent with importations from Spain would also this rule will be preempted; (2) no AGENCY: Federal Deposit Insurance continue to be restricted. retroactive effect will be given to this Corporation (FDIC). rule; and (3) administrative proceedings Executive Order 12866 and Regulatory ACTION: Withdrawal of proposed will not be required before parties may rulemaking. Flexibility Act file suit in court challenging this rule. This proposed rule has been reviewed Paperwork Reduction Act SUMMARY: The FDIC is withdrawing a under Executive Order 12866. For this proposed amendment to its regulations action, the Office of Management and In accordance with the Paperwork that implement the Depository Budget has waived its review process Reduction Act of 1980 (44 U.S.C. 3501 Institution Management Interlocks Act. required by Executive Order 12866. et seq.), the information collection or The proposal would have created This proposed rule would amend the recordkeeping requirements included in limited exemptions to the prohibition regulations in part 94 by adding Spain this proposed rule have been approved on management official interlocks for to the list of countries that have been by the Office of Management and depository institutions that control only declared free of SVD. This action would Budget (OMB), and there are no new a small percentage of the total deposits relieve certain restrictions and requirements. The assigned OMB in the community or relevant prohibitions on the importation into the control number is 0579–0015. metropolitan statistical area in which United States, from Spain, of swine and List of Subjects in 9 CFR Part 94 the institutions are located. Recent fresh, chilled, and frozen meat of swine. statutory changes have limited the Animal diseases, Imports, Livestock, However, other requirements would FDIC’s authority to create such Meat and meat products, Milk, Poultry continue to restrict the importation of exemptions by regulation. live swine and pork and pork products. and poultry products, Reporting and DATES: This withdrawal of the proposed Even without considering the export- recordkeeping requirements. rule is made on February 7, 1995. constraining affects of the restrictions Accordingly, 9 CFR part 94 would be that would remain in effect, it is amended as follows: FOR FURTHER INFORMATION CONTACT: Curtis Vaughn, Examination Specialist, unlikely that the proposed change in PART 94ÐRINDERPEST, FOOT-AND- Spain’s disease status would noticeably Division of Supervision, (202) 898– MOUTH DISEASE, FOWL PEST (FOWL 6759; or Mark Mellon, Senior Attorney, affect U.S. markets for swine and fresh, PLAGUE), VELOGENIC chilled, and frozen meat of swine. Due Regulation and Legislation Section, VISCEROTROPIC NEWCASTLE Legal Division, (202) 898–3854, Federal to current restrictions, the United States DISEASE, AFRICAN SWINE FEVER, does not import any uncooked pork or Deposit Insurance Corporation, 550 17th HOG CHOLERA, AND BOVINE Street, NW., Washington, DC 20429. pork products from Spain. In 1991, The SPONGIFORM ENCEPHALOPATHY: United States did not import any pork PROHIBITED AND RESTRICTED SUPPLEMENTARY INFORMATION: or pork products from Spain. In 1992, IMPORTATIONS the United States imported only 21 The Proposed Rule metric tons of prepared and preserved 1. The authority citation for part 94 On February 22, 1994, the Board of pork products from Spain, valued at would continue to read as follows: Directors of the FDIC approved for 7140 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules public comment a proposed rule to be granted.2 Under the Interlocks Act as ACTION: Notice of proposed rulemaking amend Part 348 of FDIC regulations, amended, in order for an exception to be (NPRM). Management Official Interlocks, which granted, the federal banking agency implements the Depository Institution must determine that (1) the service of SUMMARY: This document proposes the Management Interlocks Act (the the management official is critical to adoption of a new airworthiness Interlocks Act). The Interlocks Act safe and sound operations of the directive (AD) that is applicable to generally prohibits certain management affected depository institution, certain Boeing Model 747 series official interlocks between unaffiliated depository holding company or airplanes. This proposal would require depository institutions, depository company; (2) the service will not have modification of the nacelle strut and holding companies, and their affiliates. an anticompetitive effect; and (3) any wing structure, inspections and checks The proposed amendment, undertaken additional requirements which the to detect discrepancies, and correction as part of a joint initiative by the FDIC, agency may impose have been satisfied. of discrepancies. This proposal is the Board of Governors of Federal The board of directors of the affected prompted by the development of a Reserve Board and the Office of the depository institution must also provide modification of the strut and wing Comptroller of the Currency, would a resolution to the appropriate federal structure that improves the fail-safe have created an exception to the bar on banking agency indicating that no other capability and durability of the strut-to- management interlocks for depository candidate who is willing to serve wing attachments, and reduces reliance institutions that control only a small possesses the necessary expertise. on inspections of those attachments. percentage of the total deposits in the The actions specified by the proposed Effect of Legislation on Proposal community or relevant metropolitan AD are intended to prevent failure of the statistical area where the institutions are It is the opinion of the Board of strut and subsequent loss of the engine. located (the small market share Directors of the FDIC that the proposed DATES: Comments must be received by exemption). The proposed rule was amendment is not consistent with the March 6, 1995. published in the Federal Register on limited authority to create exceptions on ADDRESSES: Submit comments in a bank-specific and case-by-case basis April 20, 1994 and the comment period triplicate to the Federal Aviation given the FDIC under the Interlocks Act expired on June 20, 1994. 59 FR 18764. Administration (FAA), Transport as amended. Accordingly, the Board of Airplane Directorate, ANM–103, The Riegle Community Development Directors of the FDIC hereby withdraws Attention: Rules Docket No. 94–NM– and Regulatory Improvement Act from active consideration the proposed 252–AD, 1601 Lind Avenue, SW., On September 23, 1994, President amendment to Part 348 of Title 12 of the Renton, Washington 98055–4056. Clinton signed the Riegle Community Code of Federal Regulations which was Comments may be inspected at this Development and Regulatory published on April 20, 1994 (59 FR location between 9:00 a.m. and 3:00 Improvement Act of 1994 into law (Pub. 18764). p.m., Monday through Friday, except L. 103–325, 108 Stat. 2160) (the RCDRI List of Subjects in 12 CFR Part 348 Federal holidays. Act). The service information referenced in Section 338 of the RCDRI Act Antitrust, Banks, banking, Holding the proposed rule may be obtained from modified the authority of the federal companies. Boeing Commercial Airplane Group, banking agencies to create regulatory By order of the Board of Directors. P.O. Box 3707, Seattle, Washington exceptions to the bar on management Dated at Washington, D.C., this 31st day of 98124–2207. This information may be interlocks. It provides that exemptions January, 1995. examined at the FAA, Transport may be granted on a case-by-case basis Federal Deposit Insurance Corporation. Airplane Directorate, 1601 Lind for: interlocks to improve the provision Robert E. Feldman, Avenue, SW., Renton, Washington. of credit to low- and moderate-income Acting Executive Secretary. areas, increase the competitive position FOR FURTHER INFORMATION CONTACT: Tim [FR Doc. 95–2857 Filed 2–6–95; 8:45 am] of minority- and women-owned Backman, Aerospace Engineer, Airframe institutions, or strengthen the BILLING CODE 6714±01±P Branch, ANM–121S, FAA, Transport management of newly chartered Airplane Directorate, Seattle Aircraft institutions that are in an unsafe or Certification Office, 1601 Lind Avenue, unsound condition. Federal banking DEPARTMENT OF TRANSPORTATION SW., Renton, Washington 98055–4056; agencies may establish a program to telephone (206) 227–2776; fax (206) permit such interlocks on a case-by-case Federal Aviation Administration 227–1181. basis for a period of two years, with SUPPLEMENTARY INFORMATION: authorization to grant an additional 14 CFR Part 39 extension of two more years.1 Comments Invited [Docket No. 94±NM±252±AD] Section 338 also amended the Interested persons are invited to Interlocks Act in such a way as to limit Airworthiness Directives; Boeing participate in the making of the the authority of the federal banking Model 747 Series Airplanes Equipped proposed rule by submitting such agencies to create other exceptions to with Rolls Royce Model RB211 Series written data, views, or arguments as the prohibition on management Engines they may desire. Communications shall interlocks solely to a case-by-case basis identify the Rules Docket number and and then, only if a statutorily defined AGENCY: Federal Aviation be submitted in triplicate to the address high standard is met, may an exception Administration, DOT. specified above. All communications received on or before the closing date 1 Although the wording of these exemptions is 2 Prior to the RCDRI Act amendments, federal for comments, specified above, will be slightly different, in essence Congress codified the banking agencies had the authority under section considered before taking action on the existing regulatory exceptions that are available 209 of the Interlocks Act (12 U.S.C. 3207) to under Part 348 (with the exception of § 348.4(b)(5): promulgate rules and regulations permitting service proposed rule. The proposals contained ‘‘Loss of management officials due to change in by a management official which would otherwise be in this notice may be changed in light circumstance’’). prohibited by the Interlocks Act. of the comments received. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7141 Comments are specifically invited on associated with the strut attachment Concurrent Service Bulletins,’’ on page the overall regulatory, economic, assembly on Boeing Model 747 series 5 of this alert service bulletin. These environmental, and energy aspects of airplanes that are equipped with Rolls terminating actions include the the proposed rule. All comments Royce Model RB211 series engines. following: submitted will be available, both before These AD’s have required, among other 1. Replacement of the diagonal brace, and after the closing date for comments, things, inspections of the strut, and midspar and upper link fuse pins with in the Rules Docket for examination by strut-to-wing attachment structure. new third generation 15–5 corrosion interested persons. A report Explanation of Service Information resistant steel fuse pins; summarizing each FAA-public contact 2. Installation of improved bushings concerned with the substance of this Boeing recently has developed a in the strut-to-wing attachment fittings; proposal will be filed in the Rules modification of the strut-to-wing 3. Replacement of certain strut-to- Docket. attachment structure installed on Model wing attachment fitting fasteners; and Commenters wishing the FAA to 747 series airplanes equipped with Rolls 4. Inspection and torque check of acknowledge receipt of their comments Royce Model RB211 series engines. This certain fasteners of the strut-to-wing submitted in response to this notice modification significantly improves the attachment fittings. must submit a self-addressed, stamped load-carrying capability and durability Paragraph III, NOTES 8, 9, and 13 of postcard on which the following of the strut-to-wing attachments. Such the Accomplishment Instructions on statement is made: ‘‘Comments to improvement also will substantially pages 109 and 110 of the alert service Docket Number 94–NM–252–AD.’’ The reduce the possibility of fatigue cracking bulletin also describes procedures for postcard will be date stamped and and corrosion developing in the inspections and checks to detect returned to the commenter. attachment assembly. The FAA has reviewed and approved discrepancies of the adjacent structure Availability of NPRMs Boeing Alert Service Bulletin 747– and correction of any discrepancies. Any person may obtain a copy of this 54A2157, dated January 12, 1995, which Explanation of the Provisions of the NPRM by submitting a request to the describes procedures for modification of Proposed AD FAA, Transport Airplane Directorate, the nacelle strut and wing structure. Since an unsafe condition has been ANM–103, Attention: Rules Docket No. This modification entails the following: 94–NM–252–AD, 1601 Lind Avenue, 1. Changing the strut by adding a new identified that is likely to exist or SW., Renton, Washington 98055–4056. titanium dual side load fitting to the develop on other products of this same strut aft bulkhead, installing new 15–5 type design, the proposed AD would Discussion stainless steel midspar fittings on the require modification of the nacelle strut The FAA has received numerous inboard struts, and replacing the aft and wing structure, inspections and reports of fatigue cracking and/or bulkhead assembly and overhauling the checks to detect discrepancies in the corrosion in the strut-to-wing spring beams on the outboard struts; adjacent structure, and correction of attachments on Boeing Model 747 series 2. Changing the wing structure by discrepancies. The actions would be airplanes. In two cases, cracking installing a new dual side load required to be accomplished in resulted in the failure of a strut load underwing fitting and new support accordance with the alert service path and the subsequent loss of the fitting, and replacing the end fitting and bulletin described previously. number 3 engine and strut. In both replacing the tee fitting bolts common to The FAA has determined that long cases, catastrophic accidents occurred the rib at wing station (WS) 1140 [and term continued operational safety will when the number 3 engine and strut for certain airplanes, installing a new be better assured by design changes to separated from the wing of the airplane stiffener at the wing midspar]; remove the source of the problem, rather and struck the number 4 engine, causing 3. Changing the electrical wiring and than by repetitive inspections. Long it to separate from the airplane. hydraulics by rerouting the wire term inspections may not be providing Investigation into the cause of these bundles around the new dual side load the degree of safety assurance necessary accidents and other reported incidents fitting, splicing additional wire to the for the transport airplane fleet. This, has revealed that fatigue cracks and wire bundles, and installing new coupled with a better understanding of corrosion in the strut-to-wing hydraulic tubes; and the human factors associated with attachments, if not detected and 4. Installing the strut with a new numerous continual inspections, has led corrected in a timely manner, can result upper link, a new diagonal brace, and the FAA to consider placing less in failure of the strut and subsequent new side links. emphasis on inspections and more separation of the engine from the This alert service bulletin specifies emphasis on design improvements. The airplane. Investigation also has revealed that the modification of the nacelle strut proposed modification requirement is in that the structural fail-safe capability of and wing structure is to be consonance with these considerations. the strut-to-wing attachment is accomplished prior to, or concurrently Accomplishment of the modification inadequate on these airplanes. with, the terminating actions described of the nacelle strut and wing structure The FAA has previously issued 9 in the service bulletins listed in would terminate the inspections AD’s that address various problems paragraph I.C., Table 2, ‘‘Prior or required by the following AD’s: 7142 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules Federal Register AD No. Amendment No. citation Date of publication 93±17±07 ...... 39±8678 58 FR 45827 August 31, 1993. 93±03±14 ...... 39±8518 58 FR 14513 March 18, 1993. 92±24±51 ...... 39±8439 57 FR 60118 December 18, 1992. 90±20±20 ...... 39±6725 55 FR 37859 September 14, 1990. 89±07±15 ...... 39±6167 54 FR 11693 March 22, 1989. 87±04±13 R1 ...... 39±5836 53 FR 2005 January 26, 1988. 86±05±11 R1 ...... 39±5334 51 FR 21900 June 17, 1986. 86±23±01 ...... 39±5450 51 FR 37712 October 26, 1986. 79±17±07 ...... 39±3533 44 FR 50033 August 27, 1979. As a result of recent communications concurrently with, the modification of In adopting and maintaining those with the Air Transport Association the nacelle strut and wing structure. requirements, the FAA has already (ATA) of America, the FAA has learned Since some operators may have made the determination that they that, in general, some operators may accomplished certain modifications on establish a level of safety that is cost- misunderstand the legal effect of AD’s some or all of the airplanes in its fleet, beneficial. When the FAA, as in this on airplanes that are identified in the while other operators may not have proposed AD, makes a finding of an applicability provision of the AD, but accomplished any of the modifications unsafe condition, this means that the that have been altered or repaired in the on any of the airplanes in its fleet, the original cost-beneficial level of safety is area addressed by the AD. The FAA FAA is unable to provide a reasonable no longer being achieved and that the points out that all airplanes identified in estimate of the cost of accomplishing proposed actions are necessary to the applicability provision of an AD are the terminating actions described in the restore that level of safety. Because this legally subject to the AD. If an airplane service bulletins listed in Table 2 of the level of safety has already been has been altered or repaired in the Boeing alert service bulletin. As determined to be cost-beneficial, a full affected area in such a way as to affect indicated earlier in this preamble, the cost-benefit analysis for this proposed compliance with the AD, the owner or FAA invites comments specifically on AD would be redundant and operator is required to obtain FAA the overall economic aspects of this unnecessary. approval for an alternative method of proposed rule. Any data received via Regulatory Impact compliance with the AD, in accordance public comments to this notice will aid with the paragraph of each AD that the FAA in developing an accurate The regulations proposed herein provides for such approvals. A note has accounting of the cost impact of the would not have substantial direct effects been included in this notice to clarify rule. on the States, on the relationship this requirement. The cost impact figure discussed between the national government and above is based on assumptions that no the States, or on the distribution of Cost Estimate operator has yet accomplished any of power and responsibilities among the Currently, there are no Model 747 the proposed requirements of this AD various levels of government. Therefore, series airplanes of the affected design, action, and that no operator would in accordance with Executive Order equipped with Rolls Royce Model accomplish those actions in the future if 12612, it is determined that this RB211 series engines, on the U.S. this AD were not adopted. proposal would not have sufficient federalism implications to warrant the Register. However, should an affected The FAA recognizes that the airplane be imported and placed on the preparation of a Federalism Assessment. obligation to maintain aircraft in an For the reasons discussed above, I U.S. Register in the future, it would airworthy condition is vital, but certify that this proposed regulation (1) require approximately 6,545 work hours sometimes expensive. Because AD’s is not a ‘‘significant regulatory action’’ to accomplish the required actions, at an require specific actions to address under Executive Order 12866; (2) is not average labor charge of $60 per work specific unsafe conditions, they appear a ‘‘significant rule’’ under the DOT hour. The manufacturer would incur the to impose costs that would not Regulatory Policies and Procedures (44 cost of labor, on a pro-rated basis, with otherwise be borne by operators. FR 11034, February 26, 1979); and (3) if 20 years being the expected life of these However, because of the general promulgated, will not have a significant airplanes. The median age for the fleet obligation of operators to maintain economic impact, positive or negative, of Model 747 series airplanes equipped aircraft in an airworthy condition, this on a substantial number of small entities with Rolls Royce Model RB211 series appearance is deceptive. Attributing under the criteria of the Regulatory engines is estimated to be 6 years. those costs solely to the issuance of this Flexibility Act. A copy of the draft Required parts would be supplied by AD is unrealistic because, in the interest regulatory evaluation prepared for this the manufacturer at no cost to operators. of maintaining safe aircraft, prudent action is contained in the Rules Docket. Based on these figures, the total cost operators would accomplish the A copy of it may be obtained by impact of this AD would be $117,810 required actions even if they were not contacting the Rules Docket at the per airplane. required to do so by the AD. location provided under the caption This cost impact figure does not A full cost-benefit analysis has not ADDRESSES. reflect the cost of the terminating been accomplished for this proposed actions described in the service AD. As a matter of law, in order to be List of Subjects in 14 CFR Part 39 bulletins listed in paragraph I.C., Table airworthy, an aircraft must conform to Air transportation, Aircraft, Aviation 2, ‘‘Prior or Concurrent Service its type design and be in a condition for safety, Safety. Bulletins,’’ on page 5 of Boeing Alert safe operation. The type design is Service Bulletin 747–54A2157, dated approved only after the FAA makes a The Proposed Amendment January 12, 1995, that are proposed to determination that it complies with all Accordingly, pursuant to the be accomplished prior to, or applicable airworthiness requirements. authority delegated to me by the Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7143 Administrator, the Federal Aviation repaired so that the performance of the accomplished in accordance with those Administration proposes to amend part requirements of this AD is affected, the service bulletins prior to, or concurrently 39 of the Federal Aviation Regulations owner/operator must use the authority with, the accomplishment of the (14 CFR part 39) as follows: provided in paragraph (c) to request approval modification of the nacelle strut and wing from the FAA. This approval may address structure required by this paragraph. PART 39ÐAIRWORTHINESS either no action, if the current configuration (1) For Model 747–400 series airplanes DIRECTIVES eliminates the unsafe condition; or different having line positions 705 through 1033 actions necessary to address the unsafe inclusive, equipped with Rolls Royce Model 1. The authority citation for part 39 condition described in this AD. Such a RB211–524G and H engines: Within 80 continues to read as follows: request should include an assessment of the months after the effective date of this AD. effect of the changed configuration on the (2) For all other Model 747 series airplanes Authority: 49 U.S.C. App. 1354(a), 1421 unsafe condition addressed by this AD. In no and 1423; 49 U.S.C. 106(g); and 14 CFR equipped with Rolls Royce Model RB211 case does the presence of any modification, 11.89. series engines not subject to the requirements alteration, or repair remove any airplane from of paragraph (a)(1) of this AD: Within 56 § 39.13 [Amended] the applicability of this AD. months after the effective date of this AD. 2. Section 39.13 is amended by Compliance: Required as indicated, unless (b) Perform the inspections and checks adding the following new airworthiness accomplished previously. specified in paragraph III, NOTES 8, 9, and directive: To prevent failure of the strut and 13 of the Accomplishment Instructions on subsequent loss of the engine, accomplish the pages 109 and 110 of Boeing Alert Service Boeing: Docket 94–NM–252–AD. following: Bulletin 747–54A2157, dated January 12, Applicability: Model 747 series airplanes (a) Accomplish the modification of the 1995, concurrently with the modification of having line positions 292 through 1033 nacelle strut and wing structure in the nacelle strut and wing structure required inclusive, equipped with Rolls Royce Model accordance with Boeing Alert Service by paragraph (a) of this AD. Prior to further RB211 series engines; certificated in any Bulletin 747–54A2157, dated January 12, flight, correct any discrepancies found in category. 1995, at the time specified in paragraph (a)(1) accordance with the alert service bulletin. Note 1: This AD applies to each airplane or (a)(2) of this AD, as applicable. All of the (c) Accomplishment of the modification of identified in the preceding applicability terminating actions described in the service the nacelle strut and wing structure in provision, regardless of whether it has been bulletins listed in paragraph I.C., Table 2, accordance with Boeing Alert Service modified, altered, or repaired in the area ‘‘Prior or Concurrent Service Bulletins,’’ on Bulletin 747–54A2157, dated January 12, subject to the requirements of this AD. For page 5 of Boeing Alert Service Bulletin 747– 1995, constitutes terminating action for the airplanes that have been modified, altered, or 54A2157, dated January 12, 1995, must be inspections required by the following AD’s: Federal Register AD No. Amendment No. citation Date of publication 93±17±07 ...... 39±8678 58 FR 45827 August 31, 1993. 93±03±14 ...... 39±8518 58 FR 14513 March 18, 1993. 92±24±51 ...... 39±8439 57 FR 60118 December 18, 1992. 90±20±20 ...... 39±6725 55 FR 37859 September 14, 1990. 89±07±15 ...... 39±6167 54 FR 11693 March 22, 1989. 87±04±13 R1 ...... 39±5836 53 FR 2005 January 26, 1988. 86±05±11 R1 ...... 39±5334 51 FR 21900 June 17, 1986. 86±23±01 ...... 39±5450 51 FR 37712 October 26, 1986. 79±17±07 ...... 39±3533 44 FR 50033 August 27, 1979. (d) An alternative method of compliance or 14 CFR Part 39 are not effective in detecting fatigue adjustment of the compliance time that cracks in a timely manner. This action provides an acceptable level of safety may be [Docket No. 94±NM±14±AD] revises the proposed rule by reducing used if approved by the Manager, Seattle certain compliance times and by Aircraft Certification Office (ACO) FAA, Airworthiness Directives; Boeing revising the applicability statement of Transport Airplane Directorate. Operators Model 707 and 720 Series Airplanes the AD. The actions specified by this shall submit their requests through an AGENCY: Federal Aviation proposed AD are intended to prevent appropriate FAA Principal Maintenance Administration, DOT. fatigue cracking and subsequent failure Inspector, who may add comments and then of the upper forward skin panels of the ACTION: Supplemental notice of send it to the Manager, Seattle ACO. wing center section. Note 2: Information concerning the proposed rulemaking; reopening of comment period. DATES: Comments must be received by existence of approved alternative methods of March 6, 1995. compliance with this AD, if any, may be SUMMARY: This document revises an ADDRESSES: obtained from the Seattle ACO. Submit comments in earlier proposed airworthiness directive triplicate to the Federal Aviation (e) Special flight permits may be issued in (AD), applicable to certain Boeing Administration (FAA), Transport accordance with sections 21.197 and 21.199 Model 707 and 720 series airplanes, that Airplane Directorate, ANM–103, of the Federal Aviation Regulations (14 CFR would have superseded an existing AD 21.197 and 21.199) to operate the airplane to Attention: Rules Docket No. 94–NM– to require repetitive inspections to a location where the requirements of this AD 14–AD, 1601 Lind Avenue, SW., can be accomplished. Issued in Renton, detect cracks in certain areas of the Renton, Washington 98055–4056. Washington, on February 1, 1995. upper forward skin panels of the wing Comments may be inspected at this center section, and repair, if necessary. location between 9:00 a.m. and 3:00 Darrell M. Pederson, That AD also would have provided an p.m., Monday through Friday, except Acting Manager, Transport Airplane optional terminating modification for Federal holidays. Directorate, Aircraft Certification Service. the repetitive inspections. That proposal The service information referenced in [FR Doc. 95–2930 Filed 2–6–95; 8:45 am] was prompted by reports that the the proposed rule may be obtained from BILLING CODE 4910±13±U inspections required by the existing AD Boeing Commercial Airplane Group, 7144 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules P.O. Box 3707, Seattle, Washington Federal Register on July 18, 1994 (59 FR in this supplemental NPRM. In 98124–2207. This information may be 36376). That NPRM would have addition, the proposed inspection examined at the FAA, Transport superseded an existing AD to require threshold of 7,000 total landings, Airplane Directorate, 1601 Lind repetitive inspections to detect cracks in specified in paragraph (a)(2)(i) of the Avenue, SW., Renton, Washington. certain areas of the upper forward skin original NPRM, has been revised to FOR FURTHER INFORMATION CONTACT: Phil panels of the wing center section, and 6,400 total landings in this Forde, Aerospace Engineer, Airframe repair, if necessary. That AD also would supplemental NPRM. The FAA has Branch, ANM–121S, FAA, Transport have provided an optional terminating determined that accomplishment of the Airplane Directorate, Seattle Aircraft modification for the repetitive required actions at these revised Certification Office, 1601 Lind Avenue, inspections. That NPRM was prompted compliance times will provide an SW., Renton, Washington 98055–4056; by reports that the inspections required acceptable level of safety. telephone (206) 227–2771; fax (206) by the existing AD are not effective in The commenter also submitted a 227–1181. detecting fatigue cracks in a timely request that the applicability statement manner. That condition, if not of the proposal be revised to specify SUPPLEMENTARY INFORMATION: corrected, could result in failure of the airplanes listed in Boeing Service Comments Invited upper forward skin panels of the wing Bulletin 2590, Revision 11, dated center section. December 12, 1991. Certain Model 707 Interested persons are invited to One commenter to the NPRM series airplanes were modified during participate in the making of the submitted a request that the proposal be production and, therefore, need not be proposed rule by submitting such revised to eliminate duplicate or inspected in accordance with the written data, views, or arguments as conflicting requirements with AD 85– requirements of the proposed AD; the they may desire. Communications shall 12–01 (50 FR 26690, June 28, 1985) for service bulletin listing excludes those identify the Rules Docket number and unmodified airplanes (those having no airplanes. The FAA concurs, and has be submitted in triplicate to the address bulb angle or thicker skin). That AD revised the proposal accordingly. specified above. All communications requires accomplishment of inspections The FAA also has revised the received on or before the closing date specified in Supplemental Structural proposed repetitive inspection interval, for comments, specified above, will be Inspection Document (SSID) D6–44860 specified in paragraph (c) of the original considered before taking action on the for Model 707/720 series airplanes. The NPRM, to remove the reference to an proposed rule. The proposals contained FAA concurs partially. The SSID optional 18-month repetitive inspection in this notice may be changed in light provides procedures for interval and to require that these of the comments received. accomplishment of dye penetrant or inspections be performed only at Comments are specifically invited on eddy current inspections to detect intervals not to exceed 1,000 landings. the overall regulatory, economic, cracks on the upper forward skin panels This revised interval corresponds with environmental, and energy aspects of of the wing center section. However, the the recommendation of the Structures the proposed rule. All comments FAA has determined that the dye Working Group for Model 707/720 submitted will be available, both before penetrant inspection techniques series airplanes, and the FAA has and after the closing date for comments, contained in the SSID for the affected determined that it will ensure that in the Rules Docket for examination by airplanes have not been effective in cracking is detected in a timely manner. interested persons. A report detecting cracks in a timely manner. Since these changes expand the scope summarizing each FAA-public contact Boeing has advised the FAA that it of the originally proposed rule, the FAA concerned with the substance of this plans to remove those inspections from has determined that it is necessary to proposal will be filed in the Rules the next revision of the SSID; reopen the comment period to provide Docket. subsequently, the FAA may consider additional opportunity for public Commenters wishing the FAA to further rulemaking to revise AD 85–12– comment. acknowledge receipt of their comments 01 accordingly. For this reason, the FAA As a result of recent communications submitted in response to this notice finds that inspections using eddy with the Air Transport Association must submit a self-addressed, stamped current techniques, as proposed in this (ATA) of America, the FAA has learned postcard on which the following supplemental NPRM, are necessary to that, in general, some operators may statement is made: ‘‘Comments to detect cracks effectively in a timely misunderstand the legal effect of AD’s Docket Number 94–NM–14–AD.’’ The manner for those airplanes having no on airplanes that are identified in the postcard will be date stamped and bulb angle or thicker skin. applicability provision of the AD, but returned to the commenter. Further, upon reevaluation of certain that have been altered or repaired in the inspection thresholds and repetitive area addressed by the AD. The FAA Availability of NPRMs intervals, the FAA finds that the points out that all airplanes identified in Any person may obtain a copy of this compliance times specified in the applicability provision of an AD are NPRM by submitting a request to the paragraphs (a), (a)(2)(i), and (b) of the legally subject to the AD. If an airplane FAA, Transport Airplane Directorate, proposal are less conservative than has been altered or repaired in the ANM–103, Attention: Rules Docket No. those recommended in the SSID. In light affected area in such a way as to affect 94–NM–14–AD, 1601 Lind Avenue, of this consideration, the FAA finds compliance with the AD, the owner or SW., Renton, Washington 98055–4056. that, for unmodified airplanes, the operator is required to obtain FAA compliance times specified in this approval for an alternative method of Discussion proposal must be revised to make them compliance with the AD, in accordance A proposal to amend part 39 of the more consistent with the more with the paragraph of each AD that Federal Aviation Regulations (14 CFR conservative times recommended in the provides for such approvals. A note has part 39) to add an airworthiness SSID. Therefore, the proposed repetitive been included in this notice to clarify directive (AD), applicable to certain interval of 1,000 landings or 18 months, this requirement. Boeing Model 707 and 720 series whichever occurs first, specified in The FAA has recently reviewed the airplanes, was published as a notice of paragraphs (a) and (b) of the original figures it has used over the past several proposed rulemaking (NPRM) in the NPRM, has been revised to 450 landings years in calculating the economic Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7145 impact of AD activity. In order to contacting the Rules Docket at the Revision 8, dated June 2, 1972; Revision 9, account for various inflationary costs in location provided under the caption dated March 14, 1975; Revision 10, dated the airline industry, the FAA has ADDRESSES. January 31, 1991; or Revision 11, dated determined that it is necessary to December 12, 1991. Perform the inspections List of Subjects in 14 CFR Part 39 at the time specified in paragraph (a)(1) or increase the labor rate used in these Air transportation, Aircraft, Aviation (a)(2) of this AD, as applicable, in accordance calculations from $55 per work hour to with the procedures specified in the service $60 per work hour. The economic safety, Safety. bulletin. Repeat these inspections thereafter impact information, below, has been The Proposed Amendment at intervals not to exceed 450 landings. revised to reflect this increase in the (1) For Model 707–300, –300B, –300C, and specified hourly labor rate. Accordingly, pursuant to the –400 series airplanes: Inspect at the later of There are approximately 416 Model authority delegated to me by the the times specified in paragraphs (a)(1)(i) and 707 and 720 series airplanes of the Administrator, the Federal Aviation (a)(1)(ii) of this AD. affected design in the worldwide fleet. Administration proposes to amend part (i) Prior to the accumulation of 6,000 total The FAA estimates that 82 airplanes of 39 of the Federal Aviation Regulations landings; or (14 CFR part 39) as follows: (ii) Within 500 landings or 18 months after U.S. registry would be affected by this the effective date of this AD, whichever proposed AD, that it would take occurs first. approximately 32 work hours per PART 39ÐAIRWORTHINESS DIRECTIVES (2) For Model 707–100 and –200 series airplane to accomplish the proposed airplanes: Inspect at the later of the times actions, and that the average labor rate 1. The authority citation for part 39 specified in paragraphs (a)(2)(i) and (a)(2)(ii) is $60 per work hour. Based on these continues to read as follows: of this AD. figures, the total cost impact of the (i) Prior to the accumulation of 6,400 total Authority: 49 U.S.C. App. 1354(a), 1421 landings; or proposed AD on U.S. operators is and 1423; 49 U.S.C. 106(g); and 14 CFR estimated to be $157,440, or $1,920 per (ii) Within 500 landings or 18 months after 11.89. the effective date of this AD, whichever airplane. occurs first. The total cost impact figure discussed § 39.13 [Amended] (b) For Model 720 and 720B series above is based on assumptions that no 2. Section 39.13 is amended by airplanes on which no bulb angle stiffeners operator has yet accomplished any of removing amendment 39–2056, and by have been installed in accordance with the proposed requirements of this AD adding the following new airworthiness Boeing Service Bulletin 2590: Perform a action, and that no operator would directive: visual inspection and an eddy current accomplish those actions in the future if inspection to detect cracks in the area of the Boeing: Docket 94–NM–14–AD. Supersedes upper forward skin of the wing center section this AD were not adopted. AD 68–18–03, Amendment 39–2056. Should an operator elect to specified in paragraph b. of Part I of the Applicability: Model 707 and 720 series accomplish the optional terminating Accomplishment Instructions of Boeing airplanes; as listed in Boeing Service Bulletin Service Bulletin 2590, Revision 8, dated June action that would be provided by this 2590, Revision 11, dated December 12, 1991; 2, 1972; Revision 9, dated March 14, 1975; AD action, it would take approximately certificated in any category. Revision 10, dated January 31, 1991; or 1,250 work hours to accomplish it, at an Note 1: This AD applies to each airplane Revision 11, dated December 12, 1991. average labor rate of $60 per work hour. identified in the preceding applicability Perform the inspections at the later of the The cost of required parts would be provision, regardless of whether it has been times specified in paragraphs (b)(1) and (b)(2) approximately $45,000 per airplane. modified, altered, or repaired in the area of this AD, in accordance with the Based on these figures, the total cost subject to the requirements of this AD. For procedures specified in the service bulletin. impact of the optional terminating airplanes that have been modified, altered, or Repeat these inspections thereafter at action would be $120,000 per airplane. repaired so that the performance of the intervals not to exceed 450 landings. The regulations proposed herein requirements of this AD is affected, the (1) Prior to the accumulation of 4,000 total landings; or would not have substantial direct effects owner/operator must use the authority provided in paragraph (f) to request approval (2) Within 500 landings or 18 months after on the States, on the relationship from the FAA. This approval may address the effective date of this AD, whichever between the national government and either no action, if the current configuration occurs first. the States, or on the distribution of eliminates the unsafe condition; or different (c) For Model 720 and 720B, and 707–100, power and responsibilities among the actions necessary to address the unsafe –200, –300, –300B, –300C, and –400 series various levels of government. Therefore, condition described in this AD. Such a airplanes on which bulb angle stiffeners have in accordance with Executive Order request should include an assessment of the been installed, but on which the wing skin 12612, it is determined that this effect of the changed configuration on the has not been replaced, in accordance with proposal would not have sufficient unsafe condition addressed by this AD. In no Boeing Service Bulletin 2590: Accomplish case does the presence of any modification, the inspections required by paragraph (c)(1), federalism implications to warrant the alteration, or repair remove any airplane from (c)(2), or (c)(3) of this AD, as applicable, in preparation of a Federalism Assessment. the applicability of this AD. accordance with Boeing Service Bulletin For the reasons discussed above, I Compliance: Required as indicated, unless 2590, Revision 11, dated December 12, 1991. certify that this proposed regulation (1) accomplished previously. Repeat these inspections thereafter at is not a ‘‘significant regulatory action’’ To prevent fatigue cracking and subsequent intervals not to exceed 1,000 landings. under Executive Order 12866; (2) is not failure of the upper forward skin panels of Note 2: Revision 11 of Boeing Service a ‘‘significant rule’’ under the DOT the wing center section, accomplish the Bulletin 2590 is part of Boeing Master Regulatory Policies and Procedures (44 following: Inspection Service Bulletins 3484 (for Model FR 11034, February 26, 1979); and (3) if (a) For Model 707–100, –200, –300, –300B, 707–100 and –200 series airplanes), 3485 (for promulgated, will not have a significant –300C, and –400 series airplanes on which Model 720 and 720B series airplanes), and economic impact, positive or negative, no bulb angle stiffeners have been installed 3486 (for Model 707–300, –300B, –300C, and on a substantial number of small entities in accordance with Boeing Service Bulletin –400 series airplanes), all dated December 12, 2590: Perform a visual inspection and an 1991. Boeing Service Bulletin 2590 under the criteria of the Regulatory eddy current inspection to detect cracks in references these master inspection service Flexibility Act. A copy of the draft the areas of the upper forward skin of the bulletins as additional sources of service regulatory evaluation prepared for this wing center section specified in paragraphs information concerning accomplishment of action is contained in the Rules Docket. b. and f.(1) of Part I of the Accomplishment the inspections required by paragraph (c) of A copy of it may be obtained by Instructions of Boeing Service Bulletin 2590, this AD. 7146 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules (1) For Model 720 and 720B series Inspector, who may add comments and then FOR FURTHER INFORMATION CONTACT: airplanes: Perform a visual and an eddy send it to the Manager, Seattle ACO. Karen J. Garnett, Attorney, Office of current inspection to detect cracks in the Note 3: Information concerning the Disclosure and Adviser Regulation, areas of the upper forward skin of the wing existence of approved alternative methods of (202) 942–0728, or Carolyn A. Miller, center section specified in Boeing Master compliance with this AD, if any, may be Senior Financial Analyst, Office of Inspection Service Bulletin 3485, dated obtained from the Seattle ACO. December 12, 1991, at the later of the times Financial Analysis, (202) 942–0510, (g) Special flight permits may be issued in specified in paragraphs (c)(1)(i) and (c)(1)(ii) Division of Investment Management, accordance with sections 21.197 and 21.199 of this AD. Securities and Exchange Commission, of the Federal Aviation Regulations (14 CFR (i) Prior to the accumulation of 2,200 450 Fifth Street, NW., Washington, DC. 21.197 and 21.199) to operate the airplane to landings after installation of the bulb angle 20549. stiffeners; or a location where the requirements of this AD can be accomplished. SUPPLEMENTARY INFORMATION: The (ii) Within 500 landings or 18 months after Commission is proposing amendments the effective date of this AD, whichever Issued in Renton, Washington, on February occurs first. 1, 1995. to rules 24f–1 (17 CFR 270.24f–1) and (2) For Model 707–300, –300B, –300C, and Darrell M. Pederson, 24f–2 (17 CFR 270.24f–2) under the –400 series airplanes: Perform a visual and Acting Manager, Transport Airplane Investment Company Act of 1940 (15 an eddy current inspection to detect cracks Directorate, Aircraft Certification Service. U.S.C. 80a–1 et seq.) and a new Form in the areas of the upper forward skin of the 24F–2 (17 CFR 274.24). [FR Doc. 95–2932 Filed 2–6–95; 8:45 am] wing center section specified in Boeing Master Inspection Service Bulletin 3486, BILLING CODE 4910±13±U Executive Summary dated December 12, 1991, at the later of the The Commission is proposing to times specified in paragraphs (c)(2)(i) and amend rule 24f–2 under the Investment (c)(2)(ii) of this AD. SECURITIES AND EXCHANGE Company Act of 1940 (‘‘1940 Act’’), the (i) Prior to the accumulation of 2,200 COMMISSION rule that permits certain investment landings after installation of the bulb angle companies to register an indefinite stiffeners; or 17 CFR Parts 270 and 274 (ii) Within 500 landings or 18 months after number of securities under the the effective date of this AD, whichever [Release Nos. 33±7133; IC±20874; S7±3±95] Securities Act of 1933 [15 U.S.C. 77a et occurs first. seq.] (‘‘Securities Act’’). The (3) For Model 707–100 and –200 series RIN 3235±AG29 amendments would clarify that annual airplanes: Perform a visual and an eddy notices required by rule 24f–2 will be current inspection to detect cracks in the Registration Fees for Certain deemed timely filed if the investment areas of the upper forward skin of the wing Investment Companies company establishes that it timely center section specified in Boeing Master transmitted the notice to a company or AGENCY: Securities and Exchange Inspection Service Bulletin 3484, dated governmental entity that guaranteed December 12, 1991, at the later of the times Commission. delivery to the Commission no later specified in paragraphs (c)(3)(i) and (c)(3)(ii) ACTION: Proposal of rule amendments. of this AD. than the filing date. The amendments (i) Prior to the accumulation of 2,200 SUMMARY: The Commission is proposing would make it easier to compute landings after installation of the bulb angle amendments to rules 24f–1 and 24f–2 required filing dates and time periods stiffeners; or under the Investment Company Act of and clarify the operation of the (ii) Within 500 landings or 18 months after termination provisions of rule 24f–2 in the effective date of this AD, whichever 1940, the rules that permit certain investment companies to register the case of investment company occurs first. business combination transactions. The (d) If any crack is found during any securities sold in excess of the number of shares included in a registration Commission is also proposing Form inspection required by paragraph (a), (b), or 24F–2, a standard form for annual (c) of this AD, prior to further flight, repair statement and to register an indefinite notices required by the rule. Form 24F– in accordance with Part II of the number of securities under the 2 would request the information Accomplishment Instructions of Boeing Securities Act of 1933. The Commission currently required for annual notices by Service Bulletin 2590, Revision 7, dated is also proposing a new form, Form rule 24f–2 and would also include a September 22, 1969; Revision 8, dated June 24F–2, which would serve as the form 2, 1972; Revision 9, dated March 14, 1975; work sheet for calculating filing fees. for annual notices filed under rule 24f– Revision 10, dated January 31, 1991; or The form would improve the accuracy 2. The proposed amendments and the Revision 11, dated December 12, 1991. of information contained in Rule 24f–2 new form would clarify the application (e) Accomplishment of the ‘‘Reinforcing Notices and improve the Commission’s of certain provisions of rule 24f–2 and Stiffener Installation and Skin Panel ability to process the notices. Finally, Replacement’’ in accordance with Part III of would make the rule’s filing deadlines the Commission is proposing the Accomplishment Instructions of Boeing more flexible under certain conforming amendments to rule 24f–1, Service Bulletin 2590, Revision 6, dated July circumstances. 8, 1968; Revision 7, dated September 22, the rule that permits certain investment DATES: 1969; Revision 8, dated June 2, 1972; Comments on the proposed companies to register securities sold in Revision 9, dated March 14, 1975; Revision amendments should be received on or excess of the number of shares included 10, dated January 31, 1991; or Revision 11, before March 24, 1995. in a registration statement. dated December 12, 1991; constitutes ADDRESSES: Comments should be terminating action for the inspections submitted in triplicate to Jonathan G. I. Background required by paragraphs (a), (b), and (c) of this Katz, Secretary, Securities and Exchange Section 6(b) of the Securities Act (15 AD. Commission, 450 Fifth Street, NW., U.S.C. 77f(b)) specifies the fees that (f) An alternative method of compliance or Washington, DC. 20549. All comment must be paid in connection with adjustment of the compliance time that letters should refer to File No. S7–3–95. registering securities with the provides an acceptable level of safety may be Commission under the Securities Act. used if approved by the Manager, Seattle All comments received will be available Aircraft Certification Office (ACO), FAA, for public inspection and copying in the Section 24 of the 1940 Act (15 U.S.C. Transport Airplane Directorate. Operators Commission’s Public Reference Room, 80a-24) modifies these provisions for shall submit their requests through an 450 Fifth Street, NW., Washington, DC. certain investment companies appropriate FAA Principal Maintenance 20549. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7147 (‘‘funds’’).1 Section 24 was intended to missing the rule’s filing deadlines can fiscal year.8 The Commission’s address the problem of inadvertent be severe. If a fund’s Rule 24f–2 Notice experience with rule 24f–2 ‘‘oversales,’’ i.e., sales in excess of arrives at the Commission more than demonstrates that the purposes of the securities registered, that could easily two months after the end of the fund’s rule are best served if funds give prompt occur with a fund that continually fiscal year, the fund cannot use the attention to their filing requirements.9 issues and redeems securities.2 netting provision of paragraph (c) of the Nevertheless, it may not be appropriate Rule 24f–2 under the 1940 Act rule. If the fund misses the six month for a fund’s filing fees to increase permits funds to register an indefinite deadline, its Rule 24f–2 declaration substantially as a result of the failure of number of securities. A fund that makes terminates. a third party that guaranteed timely a declaration to be governed by that rule delivery to the Commission. (‘‘Rule 24f–2 declaration’’) pays an Recently the Commission has had to Proposed paragraph (f) to rule 24f–2 initial election fee of $500. Once a fund address the consequences of late filings would permit a fund whose Rule 24f– makes its Rule 24f–2 declaration, it by funds that made a good faith effort 2 Notice reaches the Commission after must file a notice within six months to file Rule 24f–2 Notices within the two the expiration of the two month period after the close of each fiscal year (‘‘Rule month period but whose filings did not to take advantage of the netting 24f–2 Notice’’) and pay a fee based upon reach the Commission until after the provisions of rule 24f–2(c), if the fund the number of shares sold during the two-month deadline expired. The establishes that it timely transmitted the fiscal year.3 If the fund files its Rule Commission has issued exemptive notice to a company or governmental 24f–2 Notice within two months after orders pursuant to its authority under entity that guaranteed delivery to the the close of its fiscal year, paragraph (c) section 6(c) of the 1940 Act 6 to allow Commission no later than the filing of rule 24f–2 permits the fund to deduct these funds to take advantage of the date.10 This provision would apply to the value of shares redeemed from the netting provisions.7 In four cases, the both the six month deadline for filing value of shares sold in calculating the fund mailed its Rule 24f–2 Notice Rule 24f–2 Notices and the two month amount of fees due.4 This netting through the United States Postal Service deadline for taking advantage of the provision can result in substantial at least seven days before the expiration netting provision.11 If this provision is savings to funds and their shareholders. of the two month period. Three other adopted, the Commission would not Since its adoption in 1977, rule 24f– funds engaged a same-day courier expect to entertain further exemptive 2 has allowed funds to comply with the service to deliver their Rule 24f–2 applications from late filers. Comment registration requirements of the Notices on the last day of the two-month is requested on whether there are other Securities Act without the burden of period. In each case, the Rule 24f–2 circumstances under which filings that estimating the number of shares they Notice was not received by the do not reach the Commission on a will sell each year or filing post- Commission until after the deadline had timely basis should be deemed timely effective amendments to register shares passed. The Commission determined in filed. sold in excess of such estimates. At the each case that the fund was not at fault Funds that file Rule 24f–2 Notices by same time, certain questions have arisen for the late filing, and that granting an direct transmission on the in connection with the rule. The exemption from the provisions of rule Commission’s EDGAR system Commission has reviewed the operation 24f–2 was appropriate in the public (‘‘electronic filers’’) would not be of rule 24f–2 and has concluded that affected by this provision, since the certain changes to the rule may be interest and consistent with the protection of investors and the purposes timeliness of their filings does not appropriate. depend upon the mail or courier of the 1940 Act. II. Proposed Amendments to Rule services.12 While an electronic filing The netting provision of rule 24f–2(c) 24f–2 may be delayed for technical reasons, is intended to encourage early filing of the rules governing electronic filings A. Delayed Filings Rule 24f–2 Notices, not to penalize contain adequate procedures to address The Commission is proposing new funds that file Rule 24f–2 Notices more transmission problems.13 paragraph (f) to rule 24f–2 to clarify the than two months after the close of their date on which a Rule 24f–2 Notice will 8 Investment Company Act Rel. No. 9989 (Nov. 3, under the Investment Advisers Act of 1940 (15 1977) (42 FR 58400 (Nov. 9, 1977) (adopting rule be deemed filed with the Commission. 24f–2). As with other filings under the 1940 U.S.C. 80b–1 et seq.), and rule 0–3 (17 CFR 240.03) under the Securities Exchange Act of 1934 (15 9 Investment Company Act Rel. No. 13624 (Nov. Act, a Rule 24f–2 Notice is currently U.S.C. 78a et seq.). 14, 1983) (48 FR 52433 (Nov. 18, 1983) (adopting deemed filed with the Commission on 6 15 U.S.C. 80a–6(c). amendments to rule 24f–2). 10 the date it is actually received by the 7 The Flex Funds, Investment Company Act Rel. This provision would be substantially the same Commission.5 The consequences of Nos. 19008 (Oct. 8, 1992) 57 FR 47361 (Oct. 15, as rule 16a–3(h) under the Securities Exchange Act 1992) (Notice of Application) and 19074 (Nov. 3, of 1934 (17 CFR 240.16a–3), which governs filing 1992) 52 SEC Docket 3632 (Order); Invesco of periodic reports of beneficial ownership of stock 1 These companies include face amount Treasurer’s Series Trust, Investment Company Act (Forms 3, 4, and 5) by certain corporate ‘‘insiders.’’ certificate companies, open-end management Rel. Nos. 20503 (Aug. 25, 1994) 59 FR 45054 (Aug. See Securities Act Rel. No. 6389 (Mar. 8, 1982) (47 investment companies, and unit investment trusts. 31, 1994) (Notice of Application) and 20564 (Sep. FR 1125–01 (Mar. 16, 1982)) (adopting rule 16a– Rule 24f–2(a)(1) (17 CFR 270.24f–2(a)(1)). 20, 1994) 57 SEC Docket 1298 (Order); Kidder 3(h)). 2 See Investment Company Act Rel. No. 15611 Peabody Premium Account Fund and Kidder 11 The amendments would change the deadlines (Mar. 9, 1987) (52 FR 8302 (Mar. 17, 1987)) Peabody Government Money Fund, Inc., Investment for filing Rule 24f–2 Notices from six months and (proposing to revise the registration requirements Company Act Rel. Nos. 20527 (Sep. 2, 1994) 59 FR two months to 180 days and 60 days, respectively. under rule 24f–2 for certain unit investment trusts). 46873 (Sep. 12, 1994) (Notice of Application) and See infra ‘‘Calculation of Time Periods.’’ 3 Rules 24f–2(a)(1), (a)(3), and (b)(1) (17 CFR 20586 (Sep. 28, 1994) 57 SEC Docket 20986 (Order); 12 The term ‘‘direct transmission’’ means the 270.24f–2(a)(1),(a)(3), and (b)(1)). ACM Institutional Reserves, Inc., Investment transmission of electronic submissions via a 4 Rule 24f–2(c) [17 CFR 270.24f–2(c)]. A more Company Act Rel. Nos. 20574 (Sep. 26, 1994) 59 FR telephonic communication session. 17 CFR detailed explanation of the operation of rule 24f– 50312 (Oct. 3, 1994) (Notice of Application) and 232.11(b). 2 is set out in Investment Company Act Rel. No. 20645 (Oct. 21, 1994) 57 SEC Docket 2705 (Order); 13 Regulation S–T provides that if an electronic 15611 (Mar. 9, 1987) (52 FR 8302 (Mar. 17, 1987)). A.T. Ohio Municipal Money Fund and The Victory filer in good faith attempts to file a document in a 5 Rule 0–2 under the 1940 Act (17 CFR 270.02). Funds, Investment Company Act Rel. Nos. 20811 timely manner but the filing is delayed due to Cf. section 6(c) (15 U.S.C. 77f(c)) of the Securities (Dec. 29, 1994) 60 FR 2166 (Jan. 6, 1995) (Notice technical difficulties beyond the filer’s control, the Act (15 U.S.C. 77a et seq.), rule 0–4 (17 CFR 275.04) of Application) and 20854 (Jan. 24, 1995) (Order). Continued 7148 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules B. Dividend Reinvestment Shares Rule 24f–2 Notice ‘‘before ceasing assets and liabilities of the fund, Shares issued in connection with operations.’’ In the case of investment including the registration fee liabilities dividend reinvestment plans (‘‘DRIP company business combination (net of any redemption credits) under 19 shares’’) generally are not treated as transactions, especially those involving rule 24f–2. a liquidation, merger, or sale of assets, ‘‘sales’’ of stock for purposes of D. Calculation of Time Periods registration requirements under the the operation of the rule is unclear. The Commission is proposing to Securities Act,14 and many funds While in most cases operations cease revise paragraphs (b)(1) and (c) of Rule typically do not include DRIP shares as upon consummation of the transaction, 24f–2 to replace the ‘‘six month’’ and ‘‘sales’’ for purposes of rule 24f–2. Some it may be impractical for the fund to file ‘‘two month’’ time periods with ‘‘180 of these funds, however, include DRIP before the transaction since sales and day’’ and ‘‘60 day’’ time periods, shares in determining the amount of redemptions may be occurring until the respectively. The current rule’s shares redeemed during the fiscal year time of the transaction. In addition, references to ‘‘months’’ has resulted in for purposes of rule 24f–2’s netting paragraph (b)(3) is silent as to the different periods depending upon the provision. This method of counting applicability of the netting provisions of months involved and is inconsistent shares is inconsistent with the purpose paragraph (c) when a fund files a Rule 24f–2 Notice in connection with ceasing with the timing provisions in other of the netting provision, which was Commission rules.20 This has, on intended to recognize that a substantial operations. The Commission is proposing to occasion, caused some confusion among portion of shares being registered were amend rule 24f–2 to delete the funds about determining filing issued to replace redeemed shares that requirement that a fund file its final deadlines. To further clarify how to had previously been registered under calculate time periods, a new paragraph 15 Rule 24f–2 Notice prior to ceasing the Securities Act. (e) would be added to the rule The Commission proposes to amend operations and, in its place, provide that specifying that the first day of the time rule 24f–2 to require funds taking if a fund ceases operations, the date it ceases operations is the end of its fiscal periods is the first calendar day of the advantage of the rule’s netting year for purposes of rule 24f–2. As a fiscal year following the fiscal year for provisions to include DRIP shares when result, a fund (or its successor) would which the Rule 24f–2 Notice is filed. determining the amount of shares sold have to file a final Rule 24f–2 Notice The Commission is proposing similar and redeemed during the fiscal year.16 within 180 days after ceasing operations amendments to rule 24f–1, which This amendment would ensure and pay registration fees on all shares permits funds with effective registration consistent treatment of DRIP shares sold during the fiscal year. If a fund files statements to file a notification that has without imposing the recordkeeping the Rule 24f–2 Notice within sixty days the effect of registering shares sold in burdens that might accompany a after ceasing operations, it would be excess of the number of shares requirement that these shares be permitted, under paragraph (c), to net previously registered.21 excluded from redeemed shares for redemptions made during the period III. Form 24F–2 purposes of rule 24f–2’s netting after the end of the last fiscal year provision. Comment is requested on against sales during that period.17 Rule 24f–2 currently specifies the alternative approaches that would For funds involved in certain business information which funds must include prevent inconsistent treatment of DRIP combination transactions, revised in a Rule 24f–2 Notice, but generally shares under rule 24f–2’s netting paragraph (b)(3) would specify that a does not require that the information be provisions. One approach would require fund ceases operations for purposes of presented in any particular format.22 funds to determine the ratio of DRIP rule 24f–2 on the date that the fund’s The Commission believes that a shares issued during the period to assets are distributed in a liquidation, standard form for Rule 24f–2 Notices shares sold in transactions registered the effective date of a merger, or, when will facilitate the calculation of fees due under the Securities Act and to apply there has been a sale of all or under rule 24f–2 and reduce errors in that ratio to determine the amount of substantially all of the fund’s assets, the the calculation of filing fees. The redeemed shares that would be available date those assets are transferred. The Commission’s ability to process Rule under the rule’s netting provision. revised paragraph would also clarify 24f–2 Notices and detect errors should C. Mergers and Other Business that certain other transactions— also be improved by a standard form. Proposed Form 24F–2 consists of Combinations transactions for the purpose of changing the fund’s state of incorporation or form twelve items.23 The first four items Paragraph (b)(3) of rule 24f–2 (17 CFR of organization—would not result in the 270.24f–2(b)(3)) requires a fund company ceasing operations.18 Instead, 19 Rule 414(b) (17 CFR 230.414(b)) requires that the succession result in the successor issuer planning to cease operations to file a under this type of reorganization the post-effective amendment terminating acquiring all of the assets of and assuming all of the successor company would succeed to all liabilities and obligations of the issuer. In the Rule 24f–2 declaration and file a combinations other than this type of reorganization, 17 This approach is similar to that taken in rule while the successor company would succeed to the electronic filer may request an adjustment of the 8f–1 under the 1940 Act (17 CFR 270.8f–1), which fund’s registration fee liabilities (as it would all filing date, and the Commission, or the staff acting requires a registered investment company winding other liabilities), it may only use the fund’s pursuant to delegated authority, may grant the up its affairs or being merged into or consolidated redemption credits against the fund’s registration request if it appears that such adjustment is with another investment company to file an fee liabilities—not those of the successor company. appropriate. 17 CFR 232.13(b). application for an order declaring that the company 20 See, e.g., rule 485 under the Securities Act (17 14 Securities Act Rel. No. 33–929 (July 29, 1936) has ceased to be a registered investment company CFR 230.485). (11 FR 10957). after the transaction has occurred. 21 The six month time periods referred to in 15 See Investment Company Act Rel. No. 9819 18 These transactions would be limited to those paragraphs (a) and (c) of the rule (17 CFR 270.24f– (June 16, 1977)[42 FR 31781 (June 23, 1977)] reorganizations under which the successor issuer is 1(a), 270.24f–1(c)) would be changed to 180 days. (adopting the netting provision of rule 24e–2 under permitted to succeed to the registration statement 22 Paragraph (b)(1) of the rule currently specifies the Investment Company Act). of the fund under rule 414 of Regulation C of the the information that must appear in a Rule 24f–2 16 The proposed requirement would not affect the Securities Act (17 CFR 230.414). This provision Notice. Most of these items would be deleted from Commission’s policy as stated in Securities Act Rel. would codify a longstanding staff interpretation of the rule if the form is adopted. No. 33–929 (Jul. 29, 1936); fund DRIP shares would rule 24f–2(b)(3). See, e.g., Lowry Market Timing 23 The proposed Form also contains several be included as sales only for purposes of the netting Fund, Inc. (pub. avail. Jan. 9, 1985); Frank Russell instructions concerning completion and filing of the provision of rule 24f–2. Investment Company (pub. avail. Dec. 3, 1984). Form which incorporate provisions of the rule. For Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7149 require basic identifying information: significant change would be that the (vii) The fee due (line (i) (if the The name and address of the fund; the form would require information netting provision is not used) or line (v) class of shares or series to which the concerning DRIP shares. This item (if the netting provision is used) filing relates; 24 the Securities Act file reflects the proposed amendment to multiplied by line (vi)).30 number of the registration statement on paragraph (c) of Rule 24f–2, which Funds would complete lines (ii), (iii), which the shares are registered; and the would require funds to include all (iv), and (v) only if the fund is using the last day of the fiscal-year for which the securities issued pursuant to DRIPs in rule’s netting provision. Thus, the work Rule 24f–2 Notice is filed. the fund’s aggregate sales for purposes sheet can be used whether or not the Items 5 and 6 would be completed of calculating registration fees under the fund is using the rule’s netting only if the fund fails to file its Rule 24f– rule’s netting provisions.27 provision. 2 Notice within 180 days after its fiscal Proposed item 12 is a work sheet for The work sheet provided in Item 12 year end. In such cases, the fund’s calculating the fee payable with the is similar to the method for reporting declaration to register an indefinite notice. The fee calculation is presented the calculation of Rule 24f–2 fees on the number of shares is terminated on the in tabular format to facilitate the EDGAR system. Under the EDGAR next business day.25 As under the Commission staff’s review of filing fees system, an electronic filer is required to current rule, such fund must file a for purposes of determining whether a prepare a header for each Rule 24f–2 separate Form 24F–2 with respect to fund has paid the appropriate amount. Notice. The header contains certain sales of securities made pursuant to the The work sheet contains seven line filing fee information that is included in declaration during (1) the fiscal year for items: the accompanying Rule 24f–2 Notice. which the notice was not timely filed, (i) The aggregate sale price of The Commission’s computer systems and (2) the period after the close of the securities sold during the fiscal year in are programmed to ‘‘check’’ the filer’s fiscal year but before the declaration reliance on Rule 24f–2; fee calculation based on the information was terminated. Item 5 would require (ii) The aggregate price of DRIP shares provided in the header. If the computer the fund to indicate whether the form is (if not included in (i)); cannot verify the fee calculation, being filed for purposes of reporting (iii) The aggregate price of shares Commission staff review the securities sold after the close of the redeemed or repurchased during the accompanying notice to determine the fiscal year but before termination of the fiscal year; source of the error. As proposed, Form fund’s Rule 24f–2 declaration. The fund (iv) The aggregate price of shares 24F–2 would not alter the headers for would report the date of termination of redeemed or repurchased and EDGAR filings. The Commission its Rule 24f–2 declaration in Item 6. previously applied as a reduction to requests comment whether it should Items 7 through 11 would require filing fees pursuant to Rule 24e–2; 28 modify its systems to permit computer funds to identify the shares sold during (v) The net aggregate sale price of verification of the fee calculation based the fiscal year for which registration fees securities sold during the fiscal year in on information in the notice rather than have previously been paid or which reliance on Rule 24f–2 (line (i), plus line the header, thus avoiding the need for must be accounted for in determining (ii), less line (iii), plus line (iv)); filers to duplicate information. the fee payable with the Rule 24f–2 (vi) The multiplier to be used to 29 IV. General Request for Comments Notice. This information is substantially determine the fee; and the same as that currently required by Any interested persons wishing to 26 information in annual notices. This information submit written comments on the a Rule 24f–2 Notice. The only assists the Commission staff and fund compliance personnel in determining whether the issuer has proposed rule changes and the proposed example, Instruction A.3 incorporates the proposed complied with the registration requirements of the new form that are the subject of this amendments to paragraph (b)(3) of rule 24f–2 Securities Act for shares other than those that are Release, to suggest additional changes regarding the filing requirements for companies that covered by the fund’s rule 24f–2 declaration. (including changes to provisions of the cease operations, and Instruction D.3 incorporates 27 Instruction B.5 would clarify that this item rules that the Commission is not proposed paragraph (f) of rule 24f–2, under which should be completed only if the issuer is using the a form would be deemed timely filed if the fund netting provision of rule 24f–2(c) to calculate its proposing to amend), or to submit establishes that it timely transmitted the form to a registration fee. For further discussion of the comments on other matters that might third party that guaranteed delivery no later than proposed amendment, see supra ‘‘Dividend have an effect on the proposals the required filing date. Reinvestment Shares.’’ described above, are requested to do so. 24 The proposed instructions clarify how the rule 28 Section 24(e)(1) of the 1940 Act permits a fund applies to funds that offer more than one class or to file a post-effective amendment to its Securities Commenters suggesting alternative series of securities. Instruction A.3 of the form Act registration statement to increase the number of approaches are encouraged to submit makes it clear that an issuer may file a single Rule securities registered. Rule 24e–2 provides that the proposed rule text. 24f–2 Notice for more than one class or series, fee to be paid at the time of filing such post- provided each class or series has the same fiscal effective amendment will be based on the V. Cost/Benefit Analysis year end and is registered on the same Securities maximum aggregate offering price at which the Act registration statement. See Letter to Registrant, additional securities will be offered. This filing fee The rule amendments and new form Feb. 25, 1994, at 3 (hereinafter, 1994 Generic may be reduced by the amount of securities proposed today would clarify the Comment Letter). This instruction would not affect redeemed or repurchased by the issuer in its operation of rule 24f–2 and would make the method of allocating expenses among multiple previous fiscal year, provided the issuer did not use the rule’s filing deadlines more flexible classes of funds in accordance with existing orders those redemptions or repurchases under the netting or proposed rule 18f–3 under the 1940 Act; a provisions of rule 24f–2. Conversely, the issuer may under certain circumstances. The multiple class fund could net credits for not count redemptions and repurchases used to redemptions of shares of one class against sales of reduce the filing fee under rule 24e–2 for purposes fiftieth of one percent. Instruction C.4 to the Form shares of another class only if the fund’s exemptive of netting under rule 24f–2. would remind funds to determine the current fee order or plan under rule 18f–3 treats federal 29 In the act making appropriations for the rate prior to filing, since the form may not be securities registration fees as a fund expense and Commission for fiscal 1994, Congress increased the accepted for filing if the law requires the fee to be does not provide for the allocation of those fees on rate of fees prescribed by section 6(b) of the calculated at a rate higher than that used by the filer a class by class basis. See Investment Company Act Securities Act from one fiftieth of one percent to and an overpayment may result if the statutory rate Rel. No. 19955 (Dec. 15, 1993) (58 FR 68074 (Dec. one twenty-ninth of one percent. Pub.L. 103–121 in effect is lower than the rate on the form. 23, 1993)) (proposing rule 18f–3). (Oct. 27, 1993). Congress extended the increased fee 30 Instruction C.2 specifies that the $100 25 Rule 24f–2(b)(2) (17 CFR 270.24f–2(b)(2)). for fiscal year 1995. Pub.L. 103–352 (Oct. 13, 1994). minimum fee prescribed by section 6(b) of the 26 The information to be provided in items 7 and The current fee rate will be in effect through Securities Act does not apply to fees payable under 8 is not required to determine the fee due, although September 30, 1995, unless further extended by rule 24f–2. This provision would also be rule 24f–2 currently requires funds to report this Congress; otherwise, the rate will revert to one incorporated into paragraph (c) of the rule. 7150 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules addition of paragraph (f) to rule 24f–2 Text of Proposed Rule Amendments or substantially all of the registrant’s would provide a means for companies List of Subjects in 17 CFR Parts 270 and assets are distributed, the date the to avoid late filings, which can result in 274 merger becomes effective under state significant costs to companies. This law, or the date the assets are Investment companies, Reporting and provision would relieve companies of transferred; provided, however, that a recordkeeping requirements, Securities. the cost of preparing applications for registrant whose registration statement exemption from the provisions of the For the reasons set out in the is succeeded to by another registrant in preamble, Title 17 Chapter II of the rule and would relieve the Commission a transaction described by § 230.414 of Code of Federal Regulations is proposed of the cost of reviewing such this chapter shall not be deemed to have to be amended as follows: applications. Other proposed revisions ceased operations. (c) A Rule 24f–2 Notice shall be to rule 24f–2 are intended to clarify the Part 270Ð[AMENDED] accompanied by the payment of a filing operation of the rule when an fee with respect to the securities sold extraordinary business transaction 1. The authority citation for part 270 continues to read in part as follows: during the fiscal year in reliance upon occurs such as a merger or liquidation. registration pursuant to this section and The change in use of days rather than Authority: 15 U.S.C. 80a–1 et seq., 1unless otherwise noted. shall be based upon the actual aggregate months to measure the filing deadlines sale price for which such securities * * * * * under rules 24f–1 and 24f–2 would, in were sold. The filing fee shall be most cases, shorten the period to make §§ 270.24f±1 and 270.24f±2 [Amended] calculated in the manner specified in required filings by a day or two, and 2. The authority citations following section 6(b) of the Securities Act of 1933 thus could be viewed as a ‘‘cost.’’ The §§ 270.24f–1 and 270.24f–2 are and the rules and regulations Commission believes, however, that this removed. thereunder, except that the minimum ‘‘cost’’ is outweighed by the added filing fee required under section 6(b) certainty and uniformity that such a § 270.24f±1 [Amended] shall not apply to fees due under this change would bring to the operation of 3. By amending § 270.24f–1, section. When the Rule 24f–2 Notice is the rule. Proposed Form 24F–2 would paragraphs (a) and (c), by revising the filed not later than 60 days after the ensure that funds provide consistent phrase ‘‘6 months’’ to read ‘‘180 days’’. close of the fiscal year during which information in their Rule 24f–2 Notices 4. By amending § 270.24f–2 by such securities were sold pursuant to and would facilitate the staff’s review of revising paragraphs (b)(1), (b)(3), and (c) this section, the filing fee to be paid as annual notices. The Commission and by adding paragraphs (e) and (f) to to such securities shall be the fee, if any, believes that the standard form and the read as follows: calculated in the manner specified in interpretive guidance will reduce the § 270.24f±2 Registration under the section 6(b) of the Securities Act of 1933 burden of preparing and reviewing Rule Securities Act of 1933 of an indefinite except that, for the purposes of such 24f–2 Notices. The Commission invites number of certain investment company calculation, such fee shall be based specific comment on its assessment of securities. upon the actual aggregate sale price for the costs and benefits with respect to * * * * * which securities (including, for this purpose, all securities issued pursuant today’s proposals, including estimates (b)(1) If an issuer has filed a to a dividend reinvestment plan) were of any costs and benefits perceived by registration statement or post-effective sold during the issuer’s previous fiscal commenters. amendment with a declaration authorized by paragraph (a)(1) of this year, reduced by the difference between VI. Summary of Regulatory Flexibility section, it shall, with respect to such (1) The actual aggregate redemption or Act Analysis registration statement and within 180 repurchase price of such securities of days after the close of any fiscal year the issuer redeemed or repurchased by The Commission has prepared an during which such declaration was in the issuer during such previous fiscal Initial Regulatory Flexibility Act effect, file five copies of a notice (‘‘Rule year; and Analysis in accordance with 5 U.S.C. 24f–2 Notice’’) with the Commission. (2) The actual aggregate redemption or 603 regarding the proposed The Rule 24f–2 Notice shall be filed on repurchase price of such redeemed or amendments. The analysis explains that Form 24F–2 (17 CFR 274.24) and shall repurchased securities previously the proposed form and amendments be prepared in accordance with the applied by the issuer pursuant to would result in a reduction of reporting requirements of the form. The Rule 24f– § 270.24e–2(a) in filings made pursuant and compliance requirements for small 2 Notice shall be accompanied by an to section 24(e)(1) of the Investment entities. The proposed amendments opinion of counsel indicating whether Company Act of 1940. would clarify several issues that have the securities the registration of which * * * * * arisen in connection with rule 24f–2, the notice makes definite in number (e) To determine the date on which a and the proposed from would facilitate were legally issued, fully paid, and non- Rule 24f–2 Notice must be filed with the preparation of accurate Rule 24f–2 assessable, and the additional filing fee, Commission under paragraph (b)(1) of Notices. The analysis states that there if any, specified in paragraph (c) of this this section or the date that a Rule 24f– are no alternative means to achieve the section. 2 Notice must be filed in order to permit objectives of the proposed form and * * * * * the issuer to calculate the fee due in accordance with the second sentence of amendments. A copy of the Initial (3) For purposes of this section, if a paragraph (c) of this section, the first Regulatory Flexibility Act Analysis may registrant ceases operations, the date the day of the 180 day or 60 day period, as be obtained by contacting Karen J. registrant ceases operations shall be deemed to be the close of its fiscal year. the case may be, shall be the first Garnett, Mail Stop 10–6, Securities and calendar day of the fiscal year following Exchange Commission, 450 Fifth Street, In the case of a liquidation, merger, or sale of all or substantially all of the the fiscal year for which the Rule 24f– N.W., Washington, D.C. 20549. registrant’s assets, the registrant shall be 2 Notice is to be filed. deemed to have ceased operations for Note to Paragraph (e): For example, a Rule purposes of this section on the date all 24f–2 Notice for a fiscal year ending on June Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7151 30 must be filed no later than December 28 3. Investment Company Act File Number: (vii) Fee due [line (vi) multiplied or, if the issuer calculates the fee due in lllllllllllllllllllll by line (vii)]: ...... accordance with the second sentence of Securities Act File Number: paragraph (c), no later than August 29. If the lllllllllllllllllllll last day of the period falls on a non-business Instruction: Issuers should complete lines (ii), day (a Saturday, Sunday or federal holiday), 4. Last day of fiscal year for which this notice (iii), (iv), and (v) only if the form is being filed the period shall end on the first business day is filed: within 60 days after the close of the issuer’s thereafter, as provided by § 270.02. lllllllllllllllllllll fiscal year. See Instruction C.3. 13. Check box if fees are being remitted to the (f) The date of filing of a Rule 24f–2 5. Check box if this notice is being filed more Commission’s lockbox depository as Notice with the Commission shall be the than 180 days after the close of the issuer’s described in section 3a of the Commission’s date on which the Rule 24f–2 Notice is fiscal year for purposes of reporting securities Rules of Informal and Other Procedures (17 sold after the close of the fiscal year but actually received by the Commission; CFR 202.3a). [ ] before termination of the issuer’s 24f–2 Date of mailing or wire transfer of filing fees provided, however, that other than in declaration: [ ] the case of a Rule 24f–2 Notice filed by to the Commission’s lockbox depository: 6. Date of termination of issuer’s declaration lllllllllllllllllllll direct transmission (as such term is under rule 24f–2(a)(1), if applicable (see defined in rule 11 of Regulation S–T [17 Instruction A.5): Signatures lllllllllllllllllllll CFR 232.11]) a Rule 24f–2 Notice This report has been signed below by the received by the Commission after the 7. Number and aggregate sale price of following persons on behalf of the issuer and date due under either paragraph (b)(1) securities of the same class or series sold in the capacities and on the dates indicated. or paragraph (c) of this section shall be during the fiscal year which had been By (Signature and Title)* lllllllll deemed to have been timely filed if the registered under the Securities Act of 1933 lllllllllllllllllllll other than pursuant to rule 24f–2 in a prior issuer establishes that the Rule 24f–2 Date llllllllllllllllll Notice had been transmitted timely to a fiscal year, but which remained unsold at the beginning of the fiscal year: * Please print the name and title of the third party company or governmental lllllllllllllllllllll signing officer below the signature. entity providing delivery services in the ordinary course of business, which 8. Number and aggregate sale price of Form 24F–2—Annual Notice of Securities guaranteed delivery of the Notice to the securities registered during the fiscal year Sold Pursuant to Rule 24f–2 other than pursuant to rule 24f–2: Commission no later than the required lllllllllllllllllllll Instructions filing date. 9. Number and aggregate sale price of A. Rule as to Use of Form 24F–2 Part 274Ð[AMENDED] securities sold during the fiscal year in 1. This form shall be used for annual reliance upon registration pursuant to rule notices required by rule 24f–2 under the 5. The authority citation for part 274 24f–2: Investment Company Act of 1940 (‘‘Act’’) [17 continues to read as follows: lllllllllllllllllllll CFR 270.24f–2]. Annual notices on this form Authority: 15 U.S.C. 80a–1 et seq., unless 10. Number and aggregate sale price of shall be filed within 180 days after the close otherwise noted. securities issued during the fiscal year in of any fiscal year during which the issuer has connection with dividend reinvestment in effect a declaration to register an indefinite 6. Section 274.24 and Form 24F–2 are plans, if applicable (see Instruction B.5): number of securities pursuant to rule 24f– added to read as follows: lllllllllllllllllllll 2(a)(1) of the Act. If the notice is being filed not later than 60 days after the close of the Note: The text of Form 24F–2 does not 11. Number and aggregate sale price of appear in the Code of Federal Regulations. A issuer’s fiscal year, the fees due with the securities sold during the fiscal year: notice may be reduced (see Instruction C.3). copy of Form 24F–2 is attached as Appendix lllllllllllllllllllll I to this document. 2. If the form contains insufficient space 12. Calculation of registration fee: for the information required in any item, § 274.24 Form 24F±2, annual notice of issuers should attach additional pages as securities sold pursuant to registration of necessary and indicate in the space provided (i) Aggregate sale price of securi- an indefinite number of certain investment on the form that additional pages are ties sold during the fiscal year company securities. attached. in reliance on rule 24f–2 (from 3. The issuer named in Item 1 of this form Form 24F–2 shall be used as the Item 9): ...... $ll annual report filed by face amount is the face amount certificate company, open- (ii) Aggregate price of shares is- end management company, or unit certificate companies, open-end sued in connection with divi- investment trust that has filed a registration management companies, and unit dend reinvestment plans (from ll statement under the Securities Act of 1933 investment trusts pursuant to § 270.24f– Item 10, if applicable): ...... + (‘‘Securities Act’’) [15 USC 77a et seq.] 2 for reporting securities sold during the (iii) Aggregate price of shares re- containing a declaration to register an fiscal year. deemed or repurchased during indefinite number of securities under rule the fiscal year (if applicable): ... ¥ll By the Commission. 24f–2(a)(1) of the Act. If the issuer has (iv) Aggregate price of shares re- registered more than one class or series on Dated: February 1, 1995. deemed or repurchased and ap- the same Securities Act registration Margaret H. McFarland, plied as a reduction to filing statement, the issuer may file a single Form fees pursuant to rule 24e–2 (if Deputy Secretary. ll 24F–2 for those classes or series, provided applicable): ...... + each class or series has the same fiscal year (v) Net aggregate sale price of se- Appendix I end. Issuers electing to calculate filing fees curities sold during the fiscal on a class-by-class or series-by-series basis, Form 24F–2—Annual Notice of Securities year in reliance on rule 24f–2 however, should include in their filings a Sold Pursuant to Rule 24f–2 [line (i), plus line (ii), less line separate Form 24F–2 for each class or series. Read instructions at end of Form before (iii), plus line (iv)] (if applica- All classes and series for which the form is preparing Form. Please print or type. ble): ...... filed should be identified in Item 2. 1. Name and address of issuer: 4. The Investment Company Act file lllllllllllllllllllll (vi) Multiplier prescribed by Sec- tion 6(b) under the Securities number reported in response to Item 3 2. Name of each series or class of funds for Act of 1933 or other applicable should be the number of the issuer’s which this notice is filed: law or regulation (see Instruc- registration statement filed under the lllllllllllllllllllll tion C.5): ...... ×ll Investment Company Act of 1940. The 7152 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules Securities Act file number in Item 3 refers to C. Computation of Registration Fees The issuer shall file five copies of the the registration statement filed to register an 1. Item 12 is a work sheet for calculating completed form, at least one of which has indefinite number of securities (beginning the filing fee due. Items 12 (i) and (ii) should been manually signed, with the Securities with either ‘‘2–’’ or ‘‘33–’’). be the same as the responses provided to and Exchange Commission, 450 Fifth Street, 5. Item 4 requires issuers to report the date Items 9 and 10, respectively. N.W., Washington, D.C. 20549. of the last day of the fiscal year for which the 2. The filing fee due shall be calculated in Acknowledgement of receipt by the notice is filed. In the case of an issuer that the manner specified in Section 6(b) of the Commission may be obtained by enclosing a ceases operations, the date it ceases Securities Act [15 U.S.C. 77f(b)]. Except as self-addressed stamped postcard identifying operations is deemed the last day of its fiscal provided below, fees shall be based on the the issuer and the form filed. year for purposes of rule 24f–2. actual aggregate sale or redemption price at 2. This form must be accompanied by the 6. Items 5 and 6 should be completed only the date on which the securities were sold or appropriate filing fee and an opinion of counsel indicating whether the securities if the issuer fails to file its Rule 24f–2 Notice redeemed. The $100 minimum fee prescribed were legally issued, fully paid, and non- within 180 days after the close of the issuer’s by Section 6(b) does not apply to fees payable assessable, and payment of the filing fee. (See fiscal year. In such cases, the issuer’s under rule 24f–2. 3. Lines (ii), (iii), (iv), and (v) of Item 12 paragraph (b)(1) of rule 24f–2.) A copy of the declaration to register an indefinite number opinion of counsel should be attached to of shares will be terminated on the next (netting provisions) apply only to issuers that file the form not later than 60 days after the each copy of the form filed with the business day, and the issuer should report Commission. Electronic filers are reminded the date of termination in Item 6. All such close of the fiscal year during which securities were sold. In such cases, the filing that the filing fee must reach the Commission issuers must file a separate Form 24F–2 with fee shall be based upon the net aggregate sale not later than the day the Rule 24f–2 Notice respect to sales of securities made pursuant price for which such securities were sold is filed with the Commission. to the declaration during (1) the fiscal year during the issuer’s previous fiscal year. Net 3. This form will be deemed filed with the for which the notice was not timely filed, and aggregate sale price is the actual aggregate Commission on the date on which it is (2) the period after the close of the fiscal year sale price, plus the value of shares issued in actually received by the Commission. Except but before the declaration was terminated. connection with dividend reinvestment in the case of a Rule 24f–2 Notice filed by Issuers should check the box in Item 5 only plans, reduced by the difference between (1) means of ‘‘direct transmission’’ (as such term if they are filing the form to report securities the actual aggregate redemption or is defined in rule 11 of Regulation S–T [17 sold during the 180-day period after the close repurchase price of such securities of the CFR 232.11], this form shall be deemed to of the fiscal year but before the declaration registrant redeemed or repurchased by the have been timely filed if the issuer was terminated. issuer during the fiscal year, and (2) the establishes that it timely transmitted the form actual aggregate redemption or purchase and required fees to a third party company B. Computation of Number of Securities price of such redeemed or repurchased or governmental entity providing delivery 1. In response to Items 7 through 11, securities previously applied by the issuer services in the ordinary course of business, issuers may aggregate sales and redemptions pursuant to rule 24e–2(a) under the Act. which guaranteed delivery of the form to the of all classes or series for which the notice 4. If the issuer’s total redemptions and Commission no later than the required filing is being filed. Issuers must aggregate sales repurchases during the fiscal year exceed the date. The Commission will not accept for prices within each class or series. If the issuer’s sales during the fiscal year, the issuer filing any form accompanied by insufficient registration fee paid for securities reported in may report on line (iii) of Item 12 only the payment for the filing fee. Forms Items 7 and 8 was based on the offering price amount of redemptions equal to sales during accompanied by insufficient payment shall of those securities, issuers should report the the fiscal year, as reported on line (i). The net be returned to the issuer for proper payment offering price instead of the sale price. aggregate sales price reported in line (v) of and shall not be deemed filed until receipt 2. Item 7 requires the issuer to report the Item 12 cannot be less than zero. by the Commission of proper payment. number and dollar amount of securities of 5. The multiplier for calculation of the [FR Doc. 95–2901 Filed 2–6–95; 8:45 am] filing fee required by line (vi) of Item 12 is the same class or series as those for which BILLING CODE 8010±01±P the notice is being filed, if any, which were prescribed by Section 6(b) of the Securities registered under the Securities Act other than Act. As of October 13, 1994, the multiplier pursuant to rule 24f–2. Such securities must was one twenty-ninth of one percent of the have been registered prior to the fiscal year maximum aggregate offering price of the DEPARTMENT OF THE INTERIOR for which the notice is being filed and must securities being registered. This multiplier is remain unsold at the beginning of the fiscal subject to change from time to time, without Minerals Management Service year. notice, by act of Congress through 3. Item 8 refers to securities registered appropriations for the Commission or other 30 CFR Chapter II laws. Issuers should determine the current during the fiscal year other than pursuant to RIN 1010±AB57 rule 24f–2. This item includes securities fee rate prior to the time of filing by reference registered during the fiscal year by post- to Section 6(b) and any law or regulation Notice of Establishment of the Indian affecting Section 6(b). Unless otherwise effective amendment pursuant to rule 24e–2. specified by act of Congress, the fee rate in Gas Valuation Negotiated Rulemaking 4. Item 9 requires the issuer to report the effect at the time of filing applies to all Committee securities sold during the fiscal year in securities sold during the fiscal year, reliance upon registration under rule 24f–2. AGENCY: Minerals Management Service, regardless of whether the fee rate changed This number must exclude securities during the year. Interior. registered other than under rule 24f–2 which 6. Issuers are cautioned that rounding the ACTION: Establishment of advisory were sold during the fiscal year, as reported percentage used to compute the fee may committee. in Item 8. result in payment of an incorrect amount. No 5. Item 10 should be completed only if the part of the filing fee is refundable. Fees must SUMMARY: As required by Section 9(a)(2) issuer is using the netting provision of Item be paid by United States postal money order, of the Federal Advisory Committee Act 12. In such cases, the issuer should report the certified bank check, or cash. Issuers should (FACA), 5 U.S.C. App., the Department number and dollar amount of securities not refer to rule 0–8 under the Act [17 CFR of the Interior (Department) is giving registered under the Securities Act that were 270.0–8] and rule 3a under the Commission’s notice of the establishment of the Indian issued during the fiscal year in connection Rules of Informal and Other Procedures [17 with dividend reinvestment plans. Gas Valuation Negotiated Rulemaking CFR 202.3a] for instructions on payment of Committee (Committee) to develop 6. Item 11 should be the sum of Items 7 fees to the Commission. through 9, but should not include Item 10. specific recommendations with respect If the response does not equal the sum of D. Signature and Filing Form; Exhibit to Indian gas valuation pursuant to its those items, the issuer should attach to the 1. The form shall be signed on behalf of the responsibilities imposed by the Federal form an explanation of the difference. issuer by an authorized officer of the issuer. Oil and Gas Royalty Management Act of Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7153 1982, 30 U.S.C. 1701 et seq. (FOGRMA). Statutory Provisions sessions have been mutually beneficial. The Department has determined that the FOGRMA (30 U.S.C. 1701 et seq.), As a result, MMS now believes it would establishment of this Committee is in Indian Mineral Development Act of be appropriate for the study group to the public interest and will assist the 1982 (25 U.S.C. 2101–2108; and 25 transform itself and make specific Agency in performing its duties under U.S.C. 2 and 9), 30 CFR Part 206 (1993), regulatory recommendations for FOGRMA. Copies of the Committee’s 25 CFR Part 225 (1994), and Indian oil implementing a rulemaking regarding charter will be filed with the and gas lease and agreement terms. Indian gas valuation. The Department is appropriate committees of Congress and therefore establishing the Indian Gas The Committee and Its Process the Library of Congress in accordance Valuation Negotiated Rulemaking Committee. with section 9(c) of FACA. To carry out the Secretary’s trust responsibility to Indian mineral lessors, The recently enacted Negotiated FOR FURTHER INFORMATION CONTACT: Mr. the MMS met during the winter and Rulemaking Act of 1990 (Pub. L. 101– Donald T. Sant, Deputy Associate spring of 1994 with representatives of 648) contemplates a ‘‘convening’’ Director for Valuation and Operations, several tribes and allottee associations process which involves identifying the Minerals Management Service, Royalty to receive input about the current gas potential parties and issues, publishing a notice of intent to form a committee, Management Program, P.O. Box 25165, market and identify regulatory changes waiting 30 days for comments to be MS–3900, Denver, Colorado, 80225– needed to add certainty and simplicity submitted responding to the notice, and 0165, telephone number (303) 231– to valuation, for royalty purposes, of gas only then proceeding with the 3899, fax number (303) 231–3194. produced from Indian leases. The establishment of the committee purpose of the meetings was to ensure SUPPLEMENTARY INFORMATION: Through provided it meets the criteria of the Act. that Indian mineral lessors receive the an informal study group, MMS has In this case, the study group process has maximum revenues from mineral conducted discussions to receive input served the same function as the resources on their land consistent with on the current gas market and identify convening—parties that would be the Secretary’s trust responsibility and the challenges facing royalty valuation significantly affected and the issues in lease terms. An informal study group of gas produced from Indian leases for controversy have been identified. The format was used to obtain and clarify study group’s discussions have also royalty purposes. The discussions have varying viewpoints. The first work enabled the MMS to determine that the gone well and needs for regulatory product of the study group was criteria for negotiated rules, as spelled changes have been identified. The MMS publication, on August 4, 1994, of an out in the Negotiated Rulemaking Act, now believes that using a negotiated Advance Notice of Proposed rulemaking committee to make specific are met for this rule: Rulemaking soliciting comments on • recommendations with respect to Indian The rule is needed, since royalty new methodologies being considered to payors have considerable difficulty in gas valuation would help the agency in establish value on production from developing a rulemaking. The complying with the current regulations Indian leases. The materials received to at the time royalties are due, Department is, therefore, establishing date during the input sessions are the Indian Gas Valuation Negotiated particularly in the current gas market. available for inspection and copying at • A limited number of identifiable Rulemaking Committee. the address referenced above for Mr. interests will be significantly affected by Background Donald T. Sant. Members of the study the rule. Those parties are oil and gas group currently include tribal and companies who produce gas and pay Since the publication of the March 1, allottee representatives involving from royalties on Indian leases and Indian 1988, gas valuation regulations many of time to time the Navajo Nation, the tribes and allottees who receive MMS’s constituents have expressed Jicarilla Apache Tribe, the Native royalties from gas produced from Indian concern about the valuation basis for American Rights Fund, the Shoshone leases located on their lands. Indian gas royalties. Concern has and Arapaho Tribes of the Wind River • Representatives can be selected to focused upon the scope of the Secretary Reservation, the Northern Ute Tribe, the adequately represent these interests, as of the Interior’s (Secretary) discretion to Southern Ute Tribe, the Council of reflected above. determine the values of lease substances Energy Resource Tribes, the Bureau of • The interests are willing to for royalty purposes in a manner Indian Affairs (BIA), and MMS. To get negotiate in good faith to attempt to consistent with the Federal trust specific input from the oil and gas reach a consensus on a proposed rule. industry, the study group anticipates • responsibility to Indian beneficiaries. There is reasonable likelihood that adding new members representing the Moreover, the implementation of the Committee will reach consensus on interests of large, medium, and small specific valuation methodologies in a proposed rule within a reasonable operators. New members will include paragraph 3(c) of standard Indian oil time. This determination has been made representatives from Conoco Inc.—a based on discussions of the study group, and gas leases, such as, dual accounting, large integrated company with and hence is built on the developments and major portion analysis, has been significant production from Indian to date. problematic. Those difficulties include lands, Meridian Oil Inc.—a large • The use of the negotiation will not issues of comparability, certainty, and independent company producing gas delay the development of the rule if access to information. As part of Vice from Indian lands, Mid-Continent Oil time limits are placed on the President Gore’s National Performance and Gas Association—a trade negotiation. Indeed, its use will Review (NPR), the Royalty Management association with members from both the expedite it and the ultimate acceptance Program recently initiated a Reinvention major and independent oil and gas of the rule. Laboratory Team to examine ways to industry, and a private sector attorney The Department is not proposing to streamline the royalty management from Holmes, Roberts and Owens—with issue a separate notice of intent to form process. One of the overall clients that produce gas from Indian a negotiated rulemaking committee for recommendations of that team was to lands in the Rocky Mountain area. this rule. Given the evolution of this improve the gas valuation process on The MMS and the study group committee, the publication of such a Indian lands. participants believe that the input notice would only slow down the 7154 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules rulemaking process and the functions of by January 30, 1995. Owing to the needs based on this proposed rule. The EPA the notice of intent have either already of the mailing public, from whom will not institute a second comment been met or are provided for in this several requests for additional time were period on this document. Any parties notice. Moreover, the Negotiated received, the Postal Service is extending interested in commenting on this Rulemaking Act specifically provides the comment period to March 1, 1995. document should do so at this time. that its provisions are not mandatory. DATES: Comments must be received on DATES: To be considered, comments The Negotiated Rulemaking Act does or before March 1, 1995. must be received by March 9, 1995. anticipate an outreach to ensure that ADDRESSES: Written comments should ADDRESSES: Written comments on this people who were not contacted during be mailed or delivered to the Manager, action should be addressed to Scott the convening process can come Business Mail Acceptance, 475 L’Enfant Southwick, at the EPA Regional Office forward to explain why they believe Plaza SW, room 8430, Washington, DC listed below. Copies of the documents they would be significantly affected and 20260–6808. Copies of all written relative to this action are available for yet not represented on the Committee or comments will be available for public inspection during normal to argue why they believe the rule inspection and photocopying between 9 business hours at the following should not be negotiated. The MMS a.m. and 4 p.m., Monday through locations. The interested persons believes that the interests who would be Friday, at the above address. wanting to examine these documents significantly affected by this rule will be FOR FURTHER INFORMATION CONTACT: should make an appointment with the represented when representatives from George T. Hurst, (202) 268–5232. appropriate office at least 24 hours Conoco Inc., Meridian Oil Inc., Mid- before the visiting day. Continent Oil and Gas Association, and Stanley F. Mires, as attorney with clients from the oil and Chief Counsel, Legislative. Air and Radiation Docket and gas industry join the informal study [FR Doc. 95–2914 Filed 2–6–95; 8:45 am] Information Center (Air Docket 6102), group already in place which includes BILLING CODE 7710±12±P U.S. Environmental Protection representatives from the Indian tribes, Agency, 401 M Street, SW, allottee associations, BIA, and MMS. If Washington, DC 20460 anyone believes that their interests will ENVIRONMENTAL PROTECTION Environmental Protection Agency, not be adequately represented by these AGENCY Region IV, Air Programs Branch, 345 organizations, they must demonstrate Courtland Street NE, Atlanta, GA and document that assertion through an 40 CFR Part 52 30365 Commonwealth of Kentucky, Natural application submitted no later than 10 [KY±069±2±6785b; FRL±5118±2] calendar days following publication of Resources and Environmental this notice. You may fax your Approval and Promulgation of Protection Cabinet, Department for documentation to (303) 231–3194. Implementation Plans and Designation Environmental Protection, Division of Areas for Air Quality Planning for Air Quality, 803 Schenkel Lane, Certification Purposes; Commonwealth of Kentucky Frankfort, KY 40601 I hereby certify that the Indian Gas FOR FURTHER INFORMATION CONTACT: Valuation Negotiated Rulemaking AGENCY: Environmental Protection Scott Southwick of the EPA Region IV Committee is in the public interest in Agency (EPA). Air Programs Branch at (404) 347–3555 connection with the performance of ACTION: Proposed rule. extension 4207 and at the above duties imposed on the Department of SUMMARY: The EPA proposes to approve address. the Interior by 30 U.S.C. 1701 et. seq. the State implementation plan (SIP) SUPPLEMENTARY INFORMATION: For Dated: January 31, 1995. revision submitted by the additional information see the direct Bruce Babbitt, Commonwealth of Kentucky through final rule which is published in the Secretary of the Interior. the Natural Resources and rules section of this Federal Register. [FR Doc. 95–2876 Filed 2–6–95; 8:45 am] Environmental Protection Cabinet Dated: November 28, 1994. BILLING CODE 4130±MR±M approving the redesignation to Patrick M. Tobin, attainment and maintenance plan of the Acting Regional Administrator. Paducah area because it meets the [FR Doc. 95–2776 Filed 2–6–95; 8:45 am] POSTAL SERVICE maintenance plan and redesignation BILLING CODE 6560±50±P requirements. EPA also proposes to 39 CFR Part 111 approve the 1990 baseline emissions inventory of the area. In the final rules DEPARTMENT OF THE INTERIOR System Certification Program (SCP) section of this Federal Register, the EPA AGENCY: Postal Service. is approving the Commonwealth’s SIP Office of the Secretary ACTION: Proposed program; extension of revision as a direct final rule without comment period. prior proposal because the Agency 43 CFR Part 11 views this as a noncontroversial SUMMARY: The Postal Service published revision amendment and anticipates no RIN 1090±AA21 in the Federal Register (59 FR 60927– adverse comments. A detailed rationale Natural Resource Damage 60930) on November 29, 1994, a for the approval is set forth in the direct Assessments: Type A Procedure for proposal for the System Certification final rule. If no adverse comments are Great Lakes Environments Program. The proposed program would received in response to that direct final evaluate and recognize the overall rule, no further activity is contemplated AGENCY: Department of the Interior. ability of mailers to prepare high-quality in relation to this proposed rule. If EPA ACTION: Proposed rule; extension of mailings consistently and to enhance receives adverse comments, the direct comment period. the ability of the Postal Service to verify final rule will be withdrawn and all and accept these mailings efficiently. public comments received will be SUMMARY: On August 8, 1994, the The Postal Service requested comments addressed in a subsequent final rule Department of the Interior issued a Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7155 notice of proposed rulemaking (59 FR Great Lakes Environments Version 1.31 43 CFR Part 11 40319) to revise the natural resource (NRDAM/GLE). The comment period on RIN 1090±AA23 damage assessment regulations. The the August 8, 1994, proposed rule was natural resource damage assessment originally set to close on November 7, Natural Resource Damage regulations establish procedures for 1994, but was extended through Assessments: Type A Procedure for assessing damages for injury to natural February 6, 1995. 59 FR 54877 Coastal and Marine Environments resources resulting from a discharge of (November 2, 1994). oil into navigable waters under the On December 8, 1994, the Department AGENCY: Department of the Interior. Clean Water Act, or a release of a published a proposed rule to revise an ACTION: Proposed rule; extension of hazardous substance under the existing type A procedure for coastal comment period. Comprehensive Environmental and marine environments. 59 FR 63300. SUMMARY: On December 8, 1994, the Response, Compensation, and Liability The proposed revised type A procedure Department of the Interior issued a Act. The August 8, 1994, notice for coastal and marine environments notice of proposed rulemaking (59 FR proposed a simplified ‘‘type A’’ incorporates a computer model, called 63300) to revise the natural resource procedure for assessing damages from the Natural Resource Damage damage assessment regulations. The relatively minor discharges or releases Assessment Model for Coastal and natural resource damage assessment in the Great Lakes. The Department is Marine Environments Version 2.2 regulations establish procedures for extending the period for comment on (NRDAM/CME), that uses the same assessing damages for injury to natural the proposed rule and making it computer modelling approach as the resources resulting from a discharge of coextensive with the comment period proposed NRDAM/GLE. The comment oil into navigable waters under the for a similar proposed type A procedure period on the December 8, 1994, Clean Water Act, or a release of a for coastal and marine environments. proposed rule was originally set to close hazardous substance under the DATES: Comments will be accepted on February 6, 1995. through July 6, 1995. Comprehensive Environmental The Department has received Response, Compensation, and Liability ADDRESSES: Comments should be sent in numerous requests for additional time duplicate to the Office of Environmental Act. The December 8, 1994, notice to comment on the proposed type A proposed revisions to a simplified ‘‘type Policy and Compliance, ATTN: NRDA procedure for coastal and marine Rule—GLE, Room 2340, Department of A’’ procedure for assessing damages environments. In a separate notice from relatively minor discharges or the Interior, 1849 C Street, NW, appearing elsewhere in today’s Federal Washington, DC 20240 (regular business releases in coastal and marine Register, the Department is extending environments. The Department is hours 7:45 a.m. to 4:15 p.m., Monday the comment period on the proposed through Friday). extending the period for comment on type A procedure for coastal and marine the proposed rule and making it FOR FURTHER INFORMATION CONTACT: environments through July 6, 1995. coextensive with the comment period Stephen F. Specht at (202) 208–3301, or A number of commenters have noted for a similar proposed type A procedure [email protected] on Internet. the structural similarities between the for Great Lakes environments. SUPPLEMENTARY INFORMATION: The proposed NRDAM/CME and the DATES: Comments will be accepted natural resource damage assessment proposed NRDAM/GLE and have through July 6, 1995. regulations establish procedures that requested that they be allowed to review Federal, State, and Tribal natural ADDRESSES: Comments should be sent in the two type A procedures concurrently. duplicate to the Office of Environmental resource trustees may use to obtain Although the proposed NRDAM/CME compensation from liable parties for Policy and Compliance, ATTN: NRDA and the proposed NRDAM/GLE Rule—CME, Room 2340, Department of natural resource injuries under the incorporate distinct geographic Comprehensive Environmental the Interior, 1849 C Street, NW, databases and information, there are Washington, DC 20240 (regular business Response, Compensation, and Liability substantial similarities between the two Act, as amended (42 U.S.C. 9601 et seq.) hours 7:45 a.m. to 4:15 p.m., Monday proposed rules and computer models. through Friday). and the Clean Water Act, as amended Therefore, the Department has decided FOR FURTHER INFORMATION CONTACT: (33 U.S.C. 1251 et seq.). The regulations to allow for concurrent public review of Stephen F. Specht at (202) 208–3301, or provide an administrative process for the two proposed models and [email protected] on Internet. conducting assessments as well as two consolidated consideration of the types of technical procedures for the comments received on the proposed SUPPLEMENTARY INFORMATION: The actual determination of injuries and rules. The Department is extending the natural resource damage assessment damages. ‘‘Type A’’ procedures are comment period for the proposed type regulations establish procedures that standard procedures for simplified A procedure for Great Lakes through Federal, State, and Tribal natural assessments requiring minimal field July 6, 1995, to make it coextensive with resource trustees may use to obtain observation in cases of minor discharges the extended comment period for the compensation from liable parties for or releases in certain environments. proposed type A procedure for coastal natural resource injuries under the ‘‘Type B’’ procedures are site-specific and marine environments. Any Comprehensive Environmental procedures for detailed assessments in comment that is submitted on only one Response, Compensation, and Liability other cases. of the proposed rules but that is relevant Act, as amended (42 U.S.C. 9601 et seq.) On August 8, 1994, the Department of to both rules will be considered in both and the Clean Water Act, as amended the Interior published a proposed rule to rulemakings. (33 U.S.C. 1251 et seq.). The regulations amend the regulations to include an provide an administrative process for additional type A procedure for Dated: February 2, 1995. conducting assessments as well as two assessing natural resource damages in Bonnie R. Cohen, types of technical procedures for the Great Lakes environments. 59 FR 40319. Assistant Secretary—Policy, Management, actual determination of injuries and The proposed procedure incorporates a and Budget. damages. ‘‘Type A’’ procedures are computer model called the Natural [FR Doc. 95–3023 Filed 2–6–95; 8:45 am] standard procedures for simplified Resource Damage Assessment Model for BILLING CODE 4310±RG±P assessments requiring minimal field 7156 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules observation in cases of minor discharges substantial similarities between the two Executive Director, Caribbean Fishery or releases in certain environments. proposed rules and computer models. Management Council, 268 Mun˜ oz ‘‘Type B’’ procedures are site-specific Therefore, the Department has decided Rivera Avenue, Suite 1108, San Juan, procedures for detailed assessments in to allow for concurrent public review of Puerto Rico 00918. The hearings will be other cases. the two proposed models and held in Puerto Rico and the U.S. Virgin On December 8, 1994, the Department consolidated consideration of the Islands. See SUPPLEMENTARY published a proposed rule to revise an comments received on the proposed INFORMATION for locations of the existing type A procedure for coastal rules. In a separate notice appearing hearings. and marine environments. 59 FR 63300. elsewhere in today’s Federal Register, FOR FURTHER INFORMATION CONTACT: The proposed revised type A procedure the Department is extending the Miguel A. Rolo´n, 809–753–6910. for coastal and marine environments comment period for the proposed type SUPPLEMENTARY INFORMATION: The incorporates a computer model called A procedure for Great Lakes through proposed management measures would: the Natural Resource Damage July 6, 1995, to make it coextensive with (1) Prohibit the possession of Assessment Model for Coastal and the extended comment period for the undersized queen conch less than 9 Marine Environments Version 2.2 proposed type A procedure for coastal inches (228.6 mm) total length (as (NRDAM/CME). The comment period and marine environments. Any measured from the tip of the spire to the on the December 8, 1994, proposed rule comment that is submitted on only one distal end of the shell) or less than 3/ was originally set to close on February of the proposed rules but that is relevant 8–inch (9.5 mm) lip thickness measured 6, 1995. to both rules will be considered in both at any location along the lip; all species The Department has received rulemakings. numerous requests for additional time in the fishery management unit must be to comment on the proposed type A Dated: February 2, 1995. landed attached to the shell; (2) prohibit procedure for coastal and marine Bonnie R. Cohen, the sale of undersized queen conch and environments. The requesters have Assistant Secretary—Policy, Management, queen conch shells; (3) establish a bag emphasized the large volume of and Budget. limit for personal-use fishers of 3 queen technical documentation accompanying [FR Doc. 95–3024 Filed 2–6–95; 8:45 am] conch per day, not to exceed 12 per the NRDAM/CME, all of which is BILLING CODE 4310±RG±P boat; licensed commercial fishers may subject to public review and comment. land 75 queen conch per day; (4) require Some requesters are assembling conch harvested under these provisions multidisciplinary teams to assist in the DEPARTMENT OF COMMERCE to conform to the minimum size review of the model and associated specifications and be landed attached to databases. The Department appreciates National Oceanic and Atmospheric the shell; (5) establish an annual closed the level of technical review that is Administration harvest season from July 1 through underway and agrees with the September 30 for queen conch; and (6) requesters that extending the time for 50 CFR Chapter VI prohibit the harvest of queen conch in public review and comment on the [I.D. 013195A] the exclusive economic zone (EEZ) proposed rule is appropriate. using scuba or hookah gear; any person Furthermore, on August 8, 1994, the Queen Conch Resources of Puerto with queen conch and either scuba or Department published a proposed rule Rico and the U.S. Virgin Islands; Public hookah gear aboard a vessel in the EEZ to amend the natural resource damage Hearings on the Draft Fishery will be presumed in violation of this assessment regulations to include an Management Plan prohibition. additional type A procedure for The hearings are scheduled from 7 AGENCY: assessing damages in Great Lakes National Marine Fisheries p.m. to 10 p.m. as follows: environments. 59 FR 40319. The Service (NMFS), National Oceanic and 1. Wednesday, February 15, 1995— proposed type A procedure incorporates Atmospheric Administration (NOAA), Centro de Usos Mu´ ltiples, Culebra, PR. a computer model, called the Natural Commerce. 2. Thursday, February 16, 1995— Resource Damage Assessment Model for ACTION: Public hearings; request for Salo´n Asamblea Municipal de la Casa Great Lakes Environments Version 1.31 comments. Alcaldia, Vieques, PR. (NRDAM/GLE), that uses the same 3. Tuesday, February 21, 1995— SUMMARY: The Caribbean Fishery computer modelling approach as the Management Council will hold public Antibes Hotel, Cabo Rojo, PR. proposed revised NRDAM/CME. The hearings on the Draft Fishery 4. Wednesday, February 22, 1995— comment period on the August 8, 1994, Management Plan for Queen Conch Meso´n Criollo Restaurant, Fajardo, PR. proposed rule was originally set to close Resources of Puerto Rico and the U.S. 5. Monday, February 27, 1995— on November 7, 1994, but was extended Virgin Islands (FMP). Testimony may be Carabelle Hotel, Christiansted, St. Croix, through February 6, 1995. 59 FR 54877 presented at any of the hearings. U.S.V.I. (November 2, 1994). 6. Tuesday, February 28, 1995—Point DATES: Written comments on the Draft A number of commenters have noted Pleasant Hotel, St. Thomas, U.S.V.I. the structural similarities between the FMP will be accepted on or before March 10, 1995. The hearings will be 7. Wednesday, March 1, 1995— proposed NRDAM/CME and the Boulon Center, St. John, U.S.V.I. proposed NRDAM/GLE and have held in February and March 1995 from requested that they be allowed to review 7 p.m. to 10 p.m. See SUPPLEMENTARY Dated: February 1, 1995. the two type A procedures concurrently. INFORMATION for specific dates of the David S. Crestin, Although the proposed NRDAM/CME hearings. Acting Director, Office of Fisheries and the proposed NRDAM/GLE ADDRESSES: Comments should be sent Conservation and Management. incorporate distinct geographic to, and copies of the Draft FMP are [FR Doc. 95–2894 Filed 2–1–95; 4:58 pm] databases and information, there are available from, Mr. Miguel A. Rolo´n, BILLING CODE 3510±22±F 7157 Notices Federal Register Vol. 60, No. 25 Tuesday, February 7, 1995 This section of the FEDERAL REGISTER DATES: Writen comments should be areas would occur on 35 acres. contains documents other than rules or received on or before March 9, 1995. Placement of large woody debris would proposed rules that are applicable to the ADDRESSES: The Responsible Official is occur along 5.0 miles of stream channel. public. Notices of hearings and investigations, Robert L. Schrenk, Forest Supervisor, Existing roads would be rehabilitated committee meetings, agency decisions and through a variety of methods including rulings, delegations of authority, filing of Kootenai National Forest. Send written petitions and applications and agency comments and suggestions on the the removal of approximately 25 in- statements of organization and functions are proposed management activities or a stream culverts, recontouring of 3.44 examples of documents appearing in this request to be placed on the project miles of road, ripping and seeding of section. mailing list to Michael L. Balboni, 22.65 miles of road and seeding of 3.12 District Ranger, Three Rivers Ranger miles of road. District, Kootenai National Forest, 1437 Approximately 218 acres proposed for DEPARTMENT OF AGRICULTURE North Highway 2, Troy, Montana, harvest lie within the Zulu #166 IRA. 59935. Approximately 1.41 miles of road Forest Service FOR FURTHER INFORMATION CONTACT: construction would occur within the Jack Zearfoss, South Fork Yaak EIS area. South Fork Yaak EIS; Kootenai Team Leader, Three Rivers Ranger The primary purposes of the Proposed National Forest; Lincoln County, District (406) 295–4693. Action are: Montana SUPPLEMENTARY INFORMATION: The (1) To revegetate the fire-affected timber salvage activities under areas as quickly as possible AGENCY: Forest Service, USDA. (2) To reduce the potential for future consideration would occur within the high intensity wildfires ACTION: Notice; intent to prepare 45,197 acre South Fork Yaak environmental impact statement. (3) To salvage fire and insect killed Physiographic Area. The specific areas trees considered are the Fowler Creek, Zulu SUMMARY: The Forest Service will (4) To contribute to the supply of Creek, and Clay Mt. areas. Primary prepare an Environmental Impact timber to local mills salvage activities would occur in two Statement (EIS) to analyze and disclose (5) To facilitate watershed recovery specific fire-affected areas: the Fowler the environmental impacts of a (6) To accelerate the recovery of some Fire (2,589 acres) and the Pink Mt. Fire Proposed Action in the South Fork Yaak wildlife habitat. (475 acres). Previous planning efforts Physiographic Area located about 24 air The purpose of road construction and (Zulu Smoot Environmental Impact miles northeast of Troy, Montana. This reconstruction is to facilitate access to Statement) have identified other salvage EIS will tier to the Kootenai National the areas to be harvested and treated. opportunities outside of the fire-affected Forest Land and Resource Management The decision to be made is, what areas which are included in this Plan and EIS, which provide overall action (if any) should be taken in the Proposed Action. South Fork Yaak Physiographic Area to: guidance for achieving the desired forest The project area lies within all or condition of the area. (1) Recover the fire affected areas portions of T35N, R31W, Sections 10, using Ecosystem Management The Proposed Action was developed 11, 14, 15, 21, 22, 23, 26, 27, 33, and 34, principles in response to the major fire events that T34N, R31W, Sections 3 and 4, T35N, (2) Provide goods and services to the burned over 3,000 acres in the Pink Mt. R32W, Sections 36, T34N, R32W, local economy and U.S. citizens and Fowler Creek areas in August 1994. Sections 1, and 12 and Sections 6, and (3) Reduce the risk for high-intensity The proposal is to salvage timber, 7 T43N, R31W, PMM, Lincoln County, wildfire in the future construct and reconstruct roads, reduce Montana. (4) Develop and manage the road fuel concentrations, improve riparian The Proposed Action would harvest system to facilitate the removal of and wildlife habitat, reforest timber about 16.2 million board feet. Ninety- timber, post harvest treatments, reduce stands, and improve wildlife security. seven percent of this would be dead or sedimentation, restore stream channel These are being considered together high-risk trees. Three percent would be equilibrium, and maintain or improve because they represent either connected live trees. Conventional cable and wildlife habitat. or cumulative actions as defined by the ground-based logging systems would be The Kootenai Forest Plan provides Council on Environmental Quality (40 utilized for harvest operations. This guidance for management activities CFR 1508.25). Part of the proposed would occur from 33 harvest units within the potentially affected area project’s activities lie within an totalling 1156 acres. Fuel reduction through its goals, objectives, standards Inventoried Roadless Area (IRA), Zulu accomplished in conjunction with and guidelines, and management area #166. harvest includes grapple piling and direction. The areas of proposed The Proposed Action was developed prescribed burning. Reforestation is activities would occur within using various principles of Ecosystem proposed on approximately 1383 acres Management Areas 12, 13, 14, 15, 17 Management. In doing so, the post-fire of which 227 are burned plantations. and 19. Timber harvest would occur in conditions were characterized at a broad Approximately 3.51 miles of new road all Management Areas. Road scale with consideration to natural would be constructed and 6.99 miles of construction would occur in processes that historically shaped this existing road would be reconstructed. Management Areas 12, 13, 14, 15, and ecosystem. A Forest Plan exception to Road maintenance would occur on 17. Below is a brief description of the certain Management Area standards about 25.61 miles of existing road. applicable management direction. may be needed to implement this Planting for wildlife forage would occur Management Area 12.—These are alternative. on 94 acres. Revegetation in riparian areas that contain productive timber 7158 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices lands which are suitable for timber in preparation of the Draft EIS. The meaningful and alerts an agency to the harvest, provided that big game summer scoping process will be used to: reviewer’s position and contentions habitat objectives are met. 1. Identify potential issues. Vermont Yankee Nuclear Power Corp. v. Management Area 13.—These are 2. Identify major issues to be analyzed NRDC, 435 U.S. 519, 513 (1978). Also, areas that contain special habitat in depth. environmental objections that could be characteristics which are allocated as 3. Eliminate minor issues or those raised at the draft EIS stage but that are Old-Growth. Local road construction is which have been covered by a previous not raised until after completion of the permitted, providing that they are environmental analysis, such as the final EIS may be waived or dismissed by restricted following use to protect snag Kootenai Forest Plan EIS. the courts City of Angoon v. Hodel, 803 characteristics. 4. Identify alternatives to the F.2d 1016, 1022 (9th Cir, 1986) and Management Area 14.—These are proposed action. Wisconsin Heritages Inc. v. Harris, 490 areas that contain productive timber 5. Identify potential environmental F.Supp. 1334, 1338 (E.D. Wis., 1980). lands which are suitable for timber effects of the Proposed Action and Because of these court rulings, it is very harvest, provided that grizzly bear alternatives (i.e. direct, indirect, and important that those interested in this habitat objectives are met. cumulative effects). Proposed Action participate by the close Management Area 15.—These are 6. Determine potential cooperating of the 30 day comment period so that areas that contain productive timber agencies and task assignments. substantive comments and objections lands which are suitable for timber The principle environmental issues are available to the Forest Service at a harvest while providing for other identified to date are related to: time when it can meaningfully consider 1. Revegetation for wildlife habitat resource values. them and respond to them in the final and watershed recovery. EIS. Management Area 17.—These are 2. Security for Threatened, areas that contain productive timber To assist the Forest Service in Endangered, and Sensitive species. identifying and considering issues and lands which are suitable for timber 3. Reallocation of designated Old- harvest while achieving scenery concerns on the proposed action, Growth. comments should be as specific as management objectives in major travel 4. Protection of fish habitat and water routes. possible. Reviewers may wish to refer to quality. the Council on Environmental Quality Management Area 19.—These are 5. Sustaining natural processes. Regulations for implementing the areas that contain steep slopes requiring 6. Entry into Roadless areas. procedural provisions of the National only activities which minimize surface Other issues commonly associated Environmental Policy Act at 40 CFR disturbance and maintain a health with salvage harvesting and road 1503.3 in addressing these points. vegetative cover. construction include: heritage resources, I have the final authority for issuing The Forest Service will consider a soils, and scenery management. The list a decision regarding this proposal. I range of alternatives, One of these will may be verified, expanded, or modified have delegated the responsibility of be the ‘‘No Action’’ alternative, in based on public scoping for this preparing the EIS to Three Rivers which none of the proposed activities proposal. District Ranger, Michael Balboni. My will be implemented. Additional Consultation with the U.S. Fish and address is Kootenai National Forest, alternatives will examine varying levels Wildlife Service has been ongoing with Supervisor’s Office, 506 Hwy 2 West, and locations for the proposed activities regard to listed species. The Montana Libby, MT 59923. to achieve the desired conditions, as Department of Health and Welfare- Dated: January 30, 1995. well as to respond to the issues and Division of Environmental Quality, other resource values. Montana Department of Fish and Game, Robert L. Schrenk The EIS will analyze the direct, and the Kootensai Salish Indian Tribe Forest Supervisor. indirect, and cumulative environmental will also be consulted. [FR Doc. 95–2953 Filed 2–6–95; 8:45 am] effects of the alternatives. Past, present, While public participation in this BILLING CODE 3410±11±M and projected activities on National analysis is welcome at any time, Forest Lands will be considered. The comments received within 30 days of EIS will disclose the analysis of site- the publication of this notice will be Fall Creek Postfire Project, Payette specific mitigation measures and their especially useful in the preparation of National Forest, Idaho effectiveness. the Draft EIS, which is expected to be AGENCY: Forest Service, USDA. Public participation is an important filed with the EPA and available for ACTION: Notice of intent to prepare part of the analysis. It will start with the public review in June, 1995. A 45-day environmental impact statement. initial scoping process (40 CFR 1501.7) comment period will follow publication which will begin with the publication of of a Notice of Availability of the draft SUMMARY: In the summer and fall of the notice. In addition, the public is EIS in the Federal Register. The 1994, the Blackwell Fire covered 56,000 encouraged to visit with Forest Service comments received will be analyzed acres of Payette National Forest officials at any time during the analysis and considered in preparation of a final northeast of McCall, Idaho. The Forest and prior to the decision. The Forest EIS, which will be accompanied by a Service intends to prepare an Service will be seeking information, Record of Decision. The final EIS is Environmental Impact Statement for the comments, and assistance from Federal, expected to the filed in September, Fall Creek portion of the wildfire area to State and local agencies and other 1995. assess and disclose the environmental individuals or organizations who may The Forest Service believes it is effects of a proposal. The purpose of the be interested in or affected by the important at this early stage to give Proposed Action is to remove fire-killed Proposed Action. Public meetings are reviewers notice of several court rulings and imminently dead timber, recover its scheduled for February 28th in Troy, related to public participation in the economic value and meet socio- Montana, and March 1st at the Upper environmental review process. First, economic demands of local Ford Work Center on the Kootenai reviewers of draft EIS’s must structure communities, reduce fuel loading, National Forest. Comments from the their participation in the environmental reforest the area, and retain and enhance public and other agencies will be used review of the proposal so that it is wildlife habitat. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7159 All actions include provisions for proposed actions for each landscape to economic value of fire-killed trees. The snags, dead and down woody debris, bring forward into the National trees in the project area, mostly Douglas- visual quality, cultural resources and Environmental Policy Act (NEPA) fir, grand fir, and lodgepole pine, are TES species, and would comply with analysis process. expected to lose an estimated 50% of the Bull Trout Conservation Agreement The Proposed Action for Fall Creek their economic value by the end of and PACFISH guidelines for water described herein is one product of the 1996. Part of the salvage sale proceeds quality and fisheries. Blackwell landscape assessment: it will finance the regeneration and This project would be accomplished proposes the high-priority short term wildlife habitat elements of the project. through a salvage sale of burned timber projects related to timber salvage and Thinning: To perpetuate a larch stand on about 1,000 acres and commercial other postfire resource opportunities for wildlife habitat and reduce fuel thinning of about 100 acres of western consistent with the target landscape loading adjacent to State and private larch stands, using helicopter logging design for the Blackwell landscape. land. This harvest needs to take place (no road construction or reconstruction); Burn intensities, as defined by degree concurrently with the salvage due to planting of conifer seedlings; and of three mortality, in the Blackwell economic efficiency. establishing owl and goshawk nest landscape varied from intensely burned Regeneration: To promptly return to structures. The salvage sale proceeds to unburned. Within the Blackwell production those lands within the would finance the other activities. landscape, which includes portions of suited base that contribute to the The project is approximately three both the Blackwell and Corral fires, allowable sale quantity. miles northeast of McCall, in the Fall approximately 29,000 acres burned at Wildlife: To replace habitat Creek drainage, a tributary to Payette high intensity (tree mortality greater components lost in the fire. Lake. It lies within the Secesh Roadless than 90%), 12,800 acres at moderate Area. intensity (tree mortality greater than Proposed Action 30% and less than 90%), and 6,400 FOR FURTHER INFORMATION CONTACT: The Proposed Action has the Linda Fitch, McCall District Ranger (208 acres at low intensity (tree mortality less following components: than 30%). The remainder of the 634–0400); or Chris Brunner, 1. Salvage harvest fire-killed and landscape did not burn. Interdisciplinary Team Leader (208 imminently dead trees on An estimated 28,100 acres of the 634–0421). approximately 1,000 acres. Harvest by Secesh Roadless Area lie within the helicopter to protect domestic SUPPLEMENTARY INFORMATION: From July Blackwell landscape. to October 1994, wildfires covered a Simultaneous with this Notice of watershed conditions and fish habitat. total of about 290,000 acres of Payette Intent, Payette National Forest is also Construct two helicopter landings: no National Forest. The Blackwell Fire was publishing two Notices of Intent for road construction or reconstruction is ignited in early August by lightning other postfire proposals. The ‘‘Lower proposed. Harvesting would comply strikes three miles northeast of the city South Fork Salmon River Postfire with the Draft Bull Trout Conservation of McCall, and eventually covered about Project’’ EIS will cover the Chicken Agreement. The proposal would not 56,000 acres until stopped by winter landscape, and the ‘‘Main Salmon River harvest within PACFISH Riparian weather in mid-October. Within this Postfire Projects’’ EIS will cover the Habitat Conservation Areas, which perimeter, it burned in a mosaic pattern Corral landscape. The Forest Service include riparian corridors along of fire intensities including some will analyze the two projects perennial and intermittent streams, unburned areas. concurrently with this ‘‘Fall Creek wetlands, landslides, and landslide In October, Payette National Forest Postfire Project’’ proposal. It will also prone areas, where riparian-dependent convened three interdisciplinary groups analyze in an environmental assessment resources receive primary emphasis. of Forest resource specialists to assess (EA) the ‘‘North Fork Payette River Site specific integrated prescriptions to the landscapes affected by the fires: one Postfire Project’’ proposal covering provide for snags/large wood debris, each for the Blackwell landscape, the another portion of the Blackwell visual quality, cultural resource Corral landscape, and the Chicken landscape. protection, and TES plant and animal landscape. Each landscape was needs would be developed consistent composed of two or more watersheds. Purpose and Need with the Forest Plan, landscape The Blackwell landscape encompassed The need is to move toward the assessment, and current policy/research. over 93,000 acres in the Upper North desired future conditions, goals and 2. Commercially thin unburned Fork Payette River and Payette Lake objectives as described in the Payette western larch stands on 100 acres. watersheds. The Forest also convened a Forest Plan and the target landscape Harvest by helicopter only; no road team to assess the broad-scale area, design in the Blackwell Landscape construction or reconstruction is which encompasses the three Assessment. The Blackwell Landscape proposed. landscapes plus the Thunderbolt Assessment was tiered to the Forest 3. Regenerate productive forest suited landscape to the south. Plan and identifies a strategy to acres within the project area by planting In January 1995, each landscape team implement the plan in an exosystem conifer seedlings or ensuring natural produced a landscape assessment management context. The proposed regeneration. encompassing their analysis area. The action is derived from management 4. Construct great gray owl and teams used a ecosystem-based approach opportunities in the landscape goshawk nest platforms adjacent to to assess the fires’ effects and to propose assessment. The purpose of each burned areas. target landscape conditions, based on element of the proposed action is: Forest Plan Amendment the Forest Plan and the historic range of Salvage: To recover economic value of variation. Each team identified burned timber for counties and timber- Amendment to the Forest Plan may be management opportunities that could be related industries and provide wood needed to: implemented this year and in the future fiber for society. Past experience with 1. Allow plantation stocking levels to move their postfire landscape toward wildfire timber recovery in south- below Forest Plan standards and the target landscape design. The Forest central Idaho indicates that prompt guidelines to reflect natural stand leadership team selected a package of harvest is needed to recover the conditions. 7160 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 2. Allow postfire activities as Public Involvement Meetings 1986): and Wisconsin Heritages, Inc. v. described in the Fall Creek Postfire The Forest will hold five public Harris, 490 F. Supp. 1334, 1338 (E.D. Project to proceed without on Order 2 scoping meetings to introduce the Wis. 1980)]. Because of these court soil survey. Soil information of Proposed Actions for the three burned rulings, it is important that those sufficient detail to address NEPA issues landscapes and to invite public interested in this Proposed Action and required effects disclosure will be comment: Riggins—February 15, 4–9 participate by the close of the 45 day provided. p.m., City Hall. McCall—February 16, comment period so that substantive comments and objections are made Preliminary Issues 4–9 p.m., McCall Smokejumper Base. Council—February 21, 4–9 p.m., available to the Forest Service at a time The Forest Service has identified six Council Ranger District office. Boise— when it can meaningfully consider and preliminary issues raised by the February 23, 4–9 p.m., Red Lion respond to them in the final Proposed Action: Downtowner. Grangeville—February 27, environmental impact statement. 1. Effects on water quality in the To assist the Forest Service in North Fork Payette River and Payette 1–3 p.m., Nez Perce National Forest Supervisor’s office. In addition, Forest identifying and considering issues Lake, which supplies domestic water to raised by the Proposed Action, McCall. The river is designated a Stream Service personnel will make added public presentations on request. comments on the Draft Environmental Segment of Concern by the State of Impact Statement should be as specific Idaho. Agency/Public Contacts as possible. It is also helpful if 2. Effects on fish habitat in the North The Forest is mailing a summary of comments refer to specific pages or Fork Payette River and its tributaries, the Proposed Action, preliminary chapters of the draft statement. habitat for westslope cutthroat trout and issues, and background information on Comments may also address the former habitat for bull trout (sensitive the analysis to key individuals, groups, adequacy of the Draft Environmental species). The North Fork Payette River and agencies for comment. The mailing Impact Statement or the merits of the is a key watershed in the draft Bull list includes those on the Payette alternatives formulated and discussed in Trout Conservation Agreement between postfire mailing list and those generally the statement. Reviewers may wish to Idaho Fish and Game, U.S. Fish and interested in Payette National Forest refer to the Council on Environmental Wildlife Service, and U.S. Forest NEPA projects. Quality Regulations for implementing Service. the procedural provisions of the 3. Effects on sensitive wildlife species Schedule National Environmental Policy Act at 40 including the boreal owl and three-toed Draft Environmental Impact CFR 1503.3 in addressing these points. woodpecker. Statement, May 1995. Final EIS, August 4. Effects on visual quality as seen 1995. Implementation, September 1995. Responsible Official from the city of McCall. David F. Alexander, Forest 5. Effects on wilderness Comments Supervisor, Payette National Forest, characteristics within the Secesh Comments on the Proposed Action P.O. Box 1026, 106 West Park, McCall, Roadless Area. and analysis should be received in ID 83638. 6. The economic efficiency of writing on or before March 10, 1995. Dated: January 31, 1995. proposed projects, and effects on soci- Send comments to: Forest Supervisor, David F. Alexander, economic and social systems around the Payette National Forest, P.O. Box 1026, Payette National Forest. 106 W. Park Street, McCall, ID 83638; Forest Supervisor. [FR Doc. 95–2915 Filed 2–6–95; 8:45 am] Possible Alternatives telephone (208) 634–0700; FAX (208) 634–0281. BILLING CODE 3410±11±M The Forest Service has identified two The comment period on the Draft alternatives to the Proposed Act: a no Environmental Impact Statement will be action alternative, and an alternative 45 days from the date the Main Salmon River Postfire Project, that uses tractor, skyline, and helicopter Environmental Protection Agency Payette National Forest, Idaho logging with road construction. As the publishes the notice of availability in AGENCY: public raises additional logging with Forest Service, USDA. the Federal Register. ACTION: Notice of intent to prepare road construction. As the public raises The Forest Service believes, at this environmental impact statement. additional issues and provides more early stage, it is important to give information, the Forest may develop reviewers notice of several court rulings SUMMARY: In the summer and fall of additional alternatives. related to public participation in the 1994, the Corral Fire covered nearly Decisions To Be Made environmental review process. First, 116,000 acres of Payette National Forest reviewers of draft environmental impact north of McCall, Idaho. The Forest The Payette National Forest statements must structure their Service intends to prepare an Supervisor will decide: participation in the environmental Whether to allow salvage logging and/ Environmental Impact Statement for review of the proposal so that it is or thinning. portions of the wildfire area to assess If so, where and how to harvest. meaningful and alerts an agency to the and disclose the environmental effects Whether to plant after harvest. reviewer’s position and contentions of a proposal. The purpose of the Whether to implement the wildlife [Vermont Yankee Nuclear Power Corp. Proposed Action is to remove fire-killed projects. v. NRDC, 435 U.S. 519, 553 (1978)]. and imminently dead timber, recover its What management requirements and Also, environmental objections that economic value and meet socio- mitigation measures are required as part could be raised at the Draft economic demands of local of the project. Environmental Impact Statement stage communities, reforest the area, retain What monitoring requirements are but that are not raised until after and enhance wildlife habitat, reduce appropriate to evaluate project completion of the final environmental soil erosion and decrease sedimentation, implementation. And, impact statement may be waived or and maintain fish habitat. What Forest Plan amendment(s) are dismissed by the courts [City of Angoon All actions include provisions for required. v. Hodel, 803 F.2d 1016, 1002 (9th Cir., snags, dead and down woody debris, Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7161 visual quality, cultural resources, TES to move their postfire landscape toward Douglas-fir, spruce/fir, and lodgepole species, and wild and scenic river study the target landscape design. The Forest pine, are expected to lose 30–60 percent corridors, and would comply with the leadership team selected a package of of their economic value by the end of Bull Trout Conservation Agreement and proposed actions for each landscape to 1996. Part of the salvage sale proceeds the PACFISH guidelines for water bring forward into the National will finance the regeneration, watershed quality, and fisheries. Environmental Policy Act (NEPA) improvement, and recreation elements This project would be accomplished analysis process. of the project. through a salvage sale of burned timber The Proposed Action for the main Regeneration: To promptly return to on about 8,800 acres, using helicopter Salmon River described herein is one production those lands within the logging, skyline logging, and tractor product of the Corral landscape suited base that contribute to the logging; approximately 3.5 miles of road assessment: it proposes the high-priority allowable sale quantity. construction in the upper Elkhorn Creek short term projects related to timber Watershed projects: To improve area (followed by road closure); planting salvage and other postfire resource watershed conditions to meet beneficial of conifer seedlings; and reconstruction opportunities consistent with the target uses (fish habitat and domestic water or repair of roads to improve vehicle landscape design for the Corral supply). passage and improve watershed landscape. Recreation: To improve recreation conditions. The salvage sale proceeds Burn intensities, as defined by degree user access and reduce safety hazards would help finance the other activities. of tree mortality, in the Corral landscape caused by the fire. The project lies 20 to 35 miles north varied from intensely burned to Proposed Action of McCall, in the Elkhorn, French, Fall, unburned. Within the Corral landscape, The Proposed Action has the and Carey Creek drainages, tributary to which includes a portion of the Corral following components: the main Salmon River. It lies partly fire, approximately 22,500 acres burned at high intensity (tree mortality greater 1. Salvage harvest fire killed and within the French Creek/Patrick Butte imminently dead trees on Roadless Area. than 90%), 19,600 acres at moderate intensity (tree mortality greater than approximately 8,800 acres using FOR FURTHER INFORMATION CONTACT: 30% and less than 90%), and 25,300 helicopter, skyline, and tractor. Kimberly Brandel, New Meadows acres at low intensity (tree mortality less Construct helicopter landings along District Ranger (208 634–0300); or Tracy than 30%). The remainder of the roads. Specifically, in Elkhorn Creek Beck , Interdisciplinary Team Leader landscape did not burn. drainage, harvest within 3,540 acres, (208 634–0780). An estimated 90,220 acres of the construct approximately 3.5 miles of SUPPLEMENTARY INFORMATION: From July French Creek/Patrick Butte Roadless road (close the new road to the public to October 1994, wildfires covered a Area lie within the Corral landscape. during and after salvage sale activities), total of about 290,000 acres of Payette Simultaneous with this Notice of and improve 12 miles of road. In French National Forest. The Corral Fire was Intent, Payette National Forest is also Creek drainage, harvest within 3,510 ignited in early August by lightning publishing two Notices of Intent for acres and improve 7.5 miles of road. In strikes northwest of the city of McCall, other postfire proposals. The ‘‘Fall Fall and Carey Creek drainages, harvest and eventually covered about 116,000 Creek Postfire Project’’ EIS will cover within 1,750 acres and improve 25 acres until stopped by winter weather in part of the Blackwell landscape, and the miles of road. In the Lake Creek mid-October. Within this perimeter, it ‘‘Lower South Fork Salmon River drainage, the Proposed Action includes burned in a mosaic pattern of fire Postfire Project’’ EIS will cover the road improvements and other resource intensities including some unburned Chicken landscape. The Forest Service improvement projects, but no salvage areas. will analyze the two projects timber harvest. All road improvement In October, Payette National Forest concurrently with this ‘‘Main Salmon work is detailed in item 3. of the convened three interdisciplinary groups River Postfire Project’’ proposal. proposed action. The proposal would of Forest resource specialists to assess not salvage harvest within the French the landscapes affected by the fires: one Purpose and Need Creek wild and scenic study corridor. It each of the Blackwell landscape, the The need is to move toward the would not salvage harvest within Corral landscape, and the Chicken desired future conditions, goals and PACFISH Riparian Habitat Conservation landscape. Each landscape was objectives as described in the Payette Areas, which include riparian corridors composed of two or more watersheds. Forest Plan and the target landscape along perennial and intermittent The Corral landscape encompassed over design in the Corral Landscape streams, wetlands, landslides, and 203,000 acres in French Creek and Lake Assessment. The Corral Landscape landslide prone areas, where riparian- Creek watersheds and portions of Assessment was tiered to the Forest dependent resources receive primary California Creek and Lower Main Plan and identifies a strategy to emphasis. Harvesting would comply Salmon watersheds. The Forest also implement the plan in an ecosystem with the Draft Bull Trout Conservation convened a team to assess the broad- management context. The proposed Agreement. Site-specific integrated scale area, which encompasses the three action is derived from management prescriptions to provide for snag/down landscapes plus the Thunderbolt opportunities in the landscape woody debris retention, visual quality, landscape to the south. assessment. The purpose of each cultural resource protection, and TES In January 1995, each landscape team element of the proposed action is: plant and animals would be developed produced a landscape assessment Salvage: To recover economic value of consistent with the Forest Plan, encompassing their analysis area. The burned timber for counties and timber- landscape assessment and current teams used a ecosystem-based approach related industries and provide wood policy/research. to assess the fires’ effects and to propose fiber for society. Past experience with 2. Regenerate productive forest suited target landscape conditions, based on wildfire timber recovery in south- acres within the project area by planting the Forest Plan and the historic range of central Idaho indicates that prompt conifer seedlings or ensuring natural variation. Each team identified harvest is needed to recover the regeneration. management opportunities that could be economic value of fire-killed trees. The 3. Reconstruct or repair roads to implemented this year and in the future trees in this project area, mostly facilitate log haul, improve vehicle 7162 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices passage and/or improve watershed present net value, the effects on jobs, Payette National Forest, P.O. Box 1026, conditions, by repairing surface on six income, payments to counties, and 106 W. Park Street, McCall, ID 83638; road segments, improving 11 stream effects on local social groups. telephone (208) 634–0700; FAX (202) crossings, and closing one road. 634–0281. Possible Alternatives Specifically, repair road surface, The comment period on the Draft ditches, and/or fix stream crossings on The Forest Service has identified two Environmental Impact Statement will be # # segments of: Road 1339, Road 318, alternatives to the Proposed Action: a no 45 days from the date the # # Road 321, Road 246, Road 1333, Road action alternative, and an alternative Environmental Protection Agency # # # 592, Road 1340, Road 308, Road that would not construct road or salvage publishes the notice of availability in # # # 1337, Road 1279, Road 565. harvest in the roadless area. As the the Federal Register. 4. Remove hazard trees along public raises additional issues and recreation trails. There are opportunities provides more information, the Forest The Forest Service believes, at this to improve and relocate segments of may develop additional alternatives. early stage, it is important to give reviewers notice of several court rulings trails within sale area boundaries along Decisions to be Made Forest Service trails # 115, 145, 149, related to public participation in the 374, 500, and 504. The Payette National Forest environmental review process. First, Supervisor will decide: reviewers of draft environmental impact Forest Plan Amendment Whether to allow salvage logging. statements must structure their Amendment to the Forest Plan may be If so, where and how to harvest. participation in the environmental needed to: Whether to plant after harvest. review of the proposal so that it is 1. Allow plantation stocking levels Whether to implement watershed meaningful and alerts an agency to the below Forest Plan standards and improvement and recreation projects. reviewer’s position and contentions guidelines to reflect natural stand What management requirements and [Vermont Yankee Nuclear Power Corp. conditions. mitigation measures are required as part v. NRDC, 435 U.S. 519, 553 (1978)]. 2. Allow postfire activities as of this project. Also, environmental objections that described in the Main Salmon River What monitoring requirements are could be raised at the Draft Postfire Project to proceed without an appropriate to evaluate project Environmental Impact Statement stage Order 2 soil survey. Soil information of implementation. And, but that are not raised until after sufficient detail to address NEPA issues What Forest Plan amendment(s) are completion of the final environmental and required effects disclosure will be required? impact statement may be waived or provided. dismissed by the courts [City of Angoon Public Involvement Meetings v. Hodel, 108 F.2d 1016, 1002 (9th Cir., Preliminary Issues The Forest will hold five public 1986); and Wisconsin Heritages, Inc. v. The Forest Service has identified six scoping meetings to introduce the Harris, 490 F. Supp. 1334, 1338 (E.D. preliminary issues raised by the Proposed Actions for the three burned Wis. 1980)]. Because of these court Proposed Action: landscapes and to invite public rulings, it is important that those 1. Effects on water quality and comment: Riggins—February 15, 4–9 interested in this Proposed Action quantity in the Salmon River, Elkhorn pm, City Hall. McCall—February 16, 4– participate by the close of the 45 day Creek, French Creek, Fall Creek and 9 pm, McCall Smokejumper Base. comment period so that substantive Carey Creek, and their beneficial use for Council—February 21, 4–9 pm, Council comments and objections are made native fish species and anadromous fish Ranger District office. Boise—February available to the Forest Service at a time species habitat. 23, 4–9 pm, Red Lion Downtowner. when it can meaningfully consider and 2. Effects on big game, furbearers, Grangeville—February 27, 1–3 pm, Nez respond to them in the final neotropical birds, raptors, and sensitive Perce National Forest Supervisor’s environmental impact statement. wildlife species habitat in and adjacent office. In addition, Forest Service to the project areas. To assist the Forest Service in personnel will make added public identifying and considering issues 3. Effects on recreation trails and use presentations on request. in the project area. raised by the Proposed Action, 4. Effects on wilderness Agency/Public Contacts comments on the Draft Environmental Impact Statement should be as specific characteristics within the roadless area. The Forest is mailing a summary of as possible. It is also helpful if The proposals lie partly within the the Proposed Action preliminary issues, comments refer to specific pages or French Creek/Patrick Butte Roadless and background information on the chapters of the draft statement. Area. analysis to key individuals, groups, and Comments may also address the 5. Effects on the ability of the project agencies for comment. The mailing list adequacy of the Draft Environmental areas to provide long term growth and includes those on the Payette postfire Impact Statement or the merits of the yield of timber. Where the Corral Fire mailing list and those generally alternatives formulated and discussed in burned hot, it left no live trees. Where interested in Payette National Forest the statement. Reviewers may wish to fire burned at low or moderate NEPA projects. intensities, it left a mixture of dead, live, refer to the Council on Environmental and damaged trees. Trees with crowns Schedule Quality Regulations for implementing and trunks scorched are at risk of dying Draft Environmental Impact the procedural provisions of the from fire damage or insect infestation. Statement, May 1995. Final EIS, August National Environmental Policy Act at 40 Grasses and shrubs can invade 1995. Implementation, September 1995. CFR 1503.3 in addressing these points. disturbed sites faster than trees can Responsible Official naturally reforest. Comments 6. The economic, socio-economic, and Comments on the Proposed Action David F. Alexander, Forest social effects of salvage timber sales. and analysis should be received in Supervisor, Payette National Forest, This includes the economic efficiency of writing on or before March 10, 1995. P.O. Box 1026, 106 West Park, McCall, each salvage sale as measured by Send comments to: Forest Supervisor, ID 83638. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7163 Dated: January 31, 1995. lightning strikes east of the town of and 21,000 acres were burned, David F. Alexander, Warren near the South Fork Salmon respectively. Forest Supervisor. River, and eventually covered about The primary management emphasis in [FR Doc. 95–2916 Filed 2–6–95; 8:45 am] 103,000 acres until stopped by winter the South Fork Salmon River drainage is BILLING CODE 3410±11±M weather in mid-October. Within this restoration of harvestable, robust, self- perimeter, it burned in a mosaic pattern sustaining populations of naturally of fire intensities including some reproducing salmon and trout. The Lower South Fork Salmon River unburned areas. South Fork Salmon River was the single Postfire Project, Payette National In October, Payette National Forest largest producer of summer chinook Forest, Idaho convened three interdisciplinary groups salmon in the Columbia River Basin by of Forest resources specialists to assess the 1950’s. Since then this run has AGENCY: Forest Service, USDA. the landscapes affected by the fires: one continued to decline significantly, ACTION: Notice of intent to prepare each for the Blackwell landscape, the partially due to habitat degradation environmental impact statement. Corral landscape, and the Chicken caused by management-induced sediment. The Snake River spring/ SUMMARY: In the summer and fall of landscape. Each landscape was summer and fall chinook salmon are 1994, the Chicken Fire covered 103,000 composed of two or more watersheds. now listed as endangered species. The acres of Payette National Forest The Chicken landscape encompassed South Fork’s steelhead, bull trout, and northeast of McCall, Idaho. The Forest nearly 180,000 acres in the Lower South westslope cutthroat trout are listed by Service intends to prepare an Fork and Elk Creek watersheds. The Forest also convened a team to assess the Forest Service as sensitive. Some Environmental Impact Statement for a spawning areas and major winter portion of the wildfire area to assess and the broad-scale area, which encompasses the three landscapes plus habitats for both endangered and disclose the environmental effects of a sensitive fishes are influenced by the proposal. The purpose of the Proposed the Thunderbolt landscape to the south. In January 1995, each landscape team project area. Numerous road-related Action is to remove fire-killed and sediment sources continue to deliver imminently dead timber, recover its produced a landscape assessment encompassing their fire area. The teams sediment to the South Fork and economic value and meet socio- tributaries, adversely affecting fish economic demands of local used an ecosystem-based approach to assess the fires’ effects and to propose habitat. communities, reforest the area, retain Simultaneous with this Notice of target landscape conditions, based on and enhance wildlife habitat, reduce Intent, Payette National Forest is also the Forest Plan and the historic range of soil erosion and decrease sedimentation, publishing two Notices of Intent for variation. Each team identified improve fish habitat, and provide other postfire proposals. The ‘‘Fall management opportunities that could be recreation access. Creek Postfire Project’’ EIS will cover All actions include provisions for implemented this year and in the future part of the Blackwell landscape, and the snags, dead and down woody debris, to move their respective postfire ‘‘Main Salmon River Postfire Project’’ visual quality, cultural resources, TES landscape toward the target landscape EIS will cover the Corral landscape. The species, and wild and scenic river study design. The Forest leadership team Forest Service will analyze the two corridors, and would comply with the selected a package of proposed actions projects concurrently with this ‘‘Lower Bull Trout Conservation Agreement and for each landscape to bring forward into South Fork Salmon River Postfire PACFISH guidelines for water quality the National Environmental Policy Act Project’’ proposal. and fisheries. (NEPA) analysis process. This project would be accomplished The Proposed Action for the Lower Purpose and Need through a salvage sale of burned timber South Fork Salmon River described The need is to adapt to the changed on about 4,850 acres, using helicopter herein is one product of the Chicken conditions in the South Fork Salmon logging (no road construction); planting landscape assessment: it proposes the River drainage and move toward the of conifer seedlings; repairing and high-priority short term projects related desired future conditions, goals and improving drainage conditions on seven to timber salvage and other postfire objectives as described in the Payette existing roads; converting a road to a resources opportunities consistent with Forest Plan and the target landscape trail; and constructing nest platforms for the target landscape design for the design in the Chicken Landscape great gray owls. The salvage sale Chicken Landscape. Assessment. The Chicken Landscape proceeds would help finance the other Burn intensities, as defined by degree Assessment was tiered to the Forest activities. of tree mortality, in the Chicken Plan and identifies a strategy to The project lies 25–40 miles northeast landscape varied from intensely burned implement the plan in an ecosystem of McCall, in the lower South Fork to unburned. Within the Chicken management context. The proposed Salmon River watershed, in the Smith landscape, which includes a portion of action is derived from management Creek, Pony Creek, and Elk Creek the Chicken Fire, approximately 36,900 opportunities in the landscape drainages. It lies partly within the acres burned at high intensity (tree assessment. The purpose of each Secesh and Cottontail Point/Pilot Peak mortality greater than 90%), 23,700 element of the proposed action is: Roadless Areas. acres at moderate intensity (tree Salvage: To recover economic value of FOR FURTHER INFORMATION CONTACT: mortality greater than 30% and less than burned timber for counties and timber- Fred Dauber, Krassel District Ranger 90%), and 28,200 acres at low intensity related industries and provide wood (208 634–0600); or Dan Anderson, (tree mortality less than 30%). The fiber for society. Past experience with Interdisciplinary Team Leader (208 remainder of the landscape did not wildfire timber recovery in south- 634–0631). burn. central Idaho indicates that prompt SUPPLEMENTARY INFORMATION: From July An estimated 83,300 acres of the harvest is needed to recover the to October 1994, wildfires covered a Secesh Roadless Area and 30,900 acres economic value of fire-killed trees. The total of about 290,000 acres of Payette of the Cottontail Point/Pilot Peak trees in this project area, mostly National Forest. The Chicken Fire was Roadless Area lie within the Chicken ponderosa pine, Douglas-fir, grand fir, ignited in mid-August by several landscape, of which about 34,500 acres and lodgepole pine, are expected to lose 7164 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 30–40% of their economic value by the 3. Repair and improve drainage 3. Allow plantation stocking levels end of 1996. Part of the salvage sale conditions on seven existing roads. below Forest Plan standards and proceeds will finance the regeneration, Specifically, apply gravel, line inslope guidelines to reflect natural stand watershed improvement, recreation and ditches, improve cross-drainage, conditions. wildlife habitat elements of the project. stabilize cuts and fills, improve stream 4. Allow helicopter logging one-way Regeneration: To promptly return to crossings, and/or stabilize gullies on flying distances beyond the Forest Plan production those lands within the segments of the: Hays Station Road standard and guideline of 1.5 miles but suited base that contribute to the (#337), Warren-Profile Gap Road (#340), within 2.5 miles of existing roads. allowable sale quantity. China Glen Road (#357), Smith Knob 5. In Management Area 16, allow Watershed Projects: To improve Road (#355), Warren Wagon Road postfire salvage logging by helicopter as watershed conditions to meet beneficial (Forest Highway 21), and Pony proposed in the Lower South Fork uses (fish habitat and domestic water Meadows Road (#359). Salmon River Postfire Project. supply). 4. Convert the Bear Lake Road (#1211) Recreation: To improve recreation to a non-motorized trail. Preliminary Issues user access. 5. Establish a trailhead at the end of The Forest Service has identified Wildlife: To enhance habitat Hays Station Road (#337). seven preliminary issues raised by the components for sensitive species. 6. Construct nest platforms for great Proposed Action: Proposed Action gray owls in the Pony Meadows area. 1. Effects on water quality in the 7. Close to all vehicle traffic a non- South Fork Salmon River and its The Proposed Action has the system road from Warren Summit going following components: tributaries and their beneficial use for west to just above Pony Meadows. spring/summer chinook salmon, bull 1. Salvage harvest fire-killed and Methodologies, rationale, and trout, and other fish species habitat. The imminently-dead trees on findings associated with the Chicken lower South Fork is a Stream Segment approximately 4,850 acres. Harvest by landscape assessment and site specific of Concern and a Water Quality Limited helicopter only. Construct seven environmental analysis are to be Segment (State of Idaho, Division of helicopter landings. Reconstruct about reviewed by a proposed Federal Environmental Quality). 5.5 miles of road in four segments to interagency science panel with panel 2. Impacts of not implementing the facilitate log haul; no road construction members selected from Forest Service # Forest Plan recovery strategy for the is proposed. Specifically, on road 337, research and system branches, and other 1 South Fork Salmon River before reconstruct ⁄4 mile of road by increasing Federal agencies. Recommendations # implementing new timber entry. the radius on 1 switchback; road 340, made by this panel could be used by reconstruct 21⁄4 miles of road by line officers in directing the 3. Effects on sensitive wildlife species increasing the radius on two environmental analysis, formulating including white-headed woodpecker switchbacks and realigning multiple alternatives, disclosing environmental and goshawk. # tight radius turns; road 355, consequences, developing a monitoring 4. Effects on wilderness reconstruct 11⁄2 miles of road by plan, and making the final decision. characteristics within the Secesh and increasing the radius on one This may include the option of not Cottontail Point/Pilot Peak Roadless switchback, and improve the running moving ahead with any or part of the Areas. surface where degraded by large rocks; proposed action or action alternatives if 5. Effects on human use and access # 1 road 359, reconstruct 1 ⁄5 miles of road conclusive information shows that the due to closing roads to reduce sediment. by improving stream crossings, action would be damaging to 6. Effects on the ability of the project improving several tight radius turns, anadromous fish. areas to provide long term growth and and improving the running surface by yield of timber. Where the Chicken Fire better drainage. The proposal would not Forest Plan Amendment burned hot, it left no live trees. Where harvest within the South Fork Salmon The Payette National Forest Plan has fire burned at low or moderate River wild and scenic study corridor. It specific management direction for the intensities, it left a mixture of dead, live, would not harvest within PACFISH South Fork Salmon River management and damaged trees. Trees with crowns Riparian Habitat Conservation Areas, areas. The Proposed Action is designed and trunks scorched are at risk of dying which include riparian corridors, to improve watershed conditions and from fire damage or insect infestation. wetlands, landslides, and landslide- fish habitat, and is consistent with the Grasses and shrubs can invade prone areas, where riparian-dependent objectives and goals of the Forest Plan. disturbed sites faster than trees can resources receive primary emphasis. However, amendment to standards and naturally reforest. The proposal would not harvest on land guidelines in the Plan may be needed to: 7. The economic efficiency of having a combination of high erosion 1. Allow postfire activities including proposed projects, and effects on socio- hazard and high sediment delivery to salvage logging of fire-killed and economic and social systems around the streams. Harvesting would comply with imminently dead trees as proposed in Payette National Forest. the Draft Bull Trout Conservation the Lower South Fork Salmon River Possible Alternatives Agreement. Site specific integrated Postfire Project where the cumulative prescriptions to provide for snags/large effect of all proposed projects results in The Forest Service has identified woody debris retention, visual quality, a net improvement in potential three alternatives to the Proposed cultural resource protection, and TES sediment delivery to the South Fork Action: a no action alternative, an plant and animal needs would be Salmon River. alternative that would not salvage developed consistent with the Forest 2. Allow postfire activities as harvest in the roadless areas, and an Plan, landscape assessment and current described in the Lower South Fork alternative that salvage harvests by policy/research. Salmon River Postfire Project to proceed helicopter additional acres on more 2. Regenerate productive forest suited without an Order 2 soil survey. Soil sensitive soil types. As the public raises acres within the project area by planting information of sufficient detail to additional issues and provides more conifer seedlings or ensuring natural address NEPA issues and required information, the Forest may develop regeneration. effects disclosure will be provided. additional alternatives. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7165 Decisions To Be Made related to public participation in the regulations of the U.S. Commission on The Payette National Forest environmental review process. First, Civil Rights, that a meeting of the North Supervisor will decide: reviewers of draft environmental impact Carolina Advisory Committee to the Whether to allow salvage logging. statements must structure their Commission will convene at 10:00 a.m. If so, where and how to harvest. participation in the environmental and adjourn at 3:00 p.m. on Wednesday, Whether to plant after harvest. review of the proposal so that it is March 1, 1995, at the North Carolina Whether to implement the sediment meaningful and alerts an agency to the Mutual Life Insurance Company, 411 reducing, recreation, and wildlife reviewer’s position and contentions West Chapel Hill Street, Durham, North improvement projects. [Vermont Yankee Nuclear Power Corp. Carolina 27701. The purpose of this What management requirements and v. NRDC, 435 U.S. 519, 553 (1978)]. meeting is: (1) to discuss the status of mitigation measures are required as part Also, environmental objections that the Commission and Advisory of the project. could be raised at the Draft Committees; (2) to hear reports on civil What monitoring requirements are Environmental Impact Statement stage rights progress and/or problems in the appropriate to evaluate project but that are not raised until after State; (3) to discuss the transcripts of the implementation. And, completion of the final environmental current project on racial tensions in What Forest Plan amendment(s) are impact statement may be waived or North Carolina. required. dismissed by the courts [City of Angoon Persons desiring additional v. Hodel, 803 F.2d 1016, 1002 (9th Cir,. Public Involvement Meetings information, or planning a presentation 1986); and Wisconsin Heritages, Inc. v. to the Committee, should contact The Forest will hold five public Harris, 490 F. Supp. 1334, 1338 (E.D. Committee Chairperson Asa Spaulding, scoping meetings to introduce the Wis. 1980)]. Because of these court Jr., at 704–535–4500 or Bobby D. Doctor, Proposed Actions for the three burned rulings, it is important that those Director of the Southern Regional landscapes and to invite public interested in this Proposed Action Office, 404–730–2476 (TDD 404–730– comment: Riggins—February 15, 4–9 participate by the close of the 45 day 2481). Hearing-impaired persons who pm, City Hall. McCall—February 16, 4– comment period so that substantive will attend the meeting and require the 9 pm, McCall Smokejumper Base. comments and objections are made services of a sign language interpreter Council—February 21, 4–9 pm, Council available to the Forest Service at a time should contact the Regional Office at Ranger District office. Boise—February when it can meaningfully consider and least five (5) working days before the 23, 4–9 pm, Red Lion Downtowner. respond to them in the final scheduled date of the meeting. Grangeville—February 26, 1–3 pm, Nez environmental impact statement. The meeting will be conducted Perce National Forest Supervisor’s To assist the Forest Service in pursuant to the provisions of the rules office. In addition, Forest Service identifying and considering issues and regulations of the Commission. personnel will make added public raised by the Proposed Action, presentations on request. comments on the Draft Environmental Dated at Washington, DC, January 27, 1995. Impact Statement should be as specific Carol-Lee Hurley, Agency/Public Contacts as possible. It is also helpful if Chief, Regional Programs Coordination Unit. The Forest is mailing a summary of comments refer to specific pages or [FR Doc. 95–2891 Filed 2–6–95; 8:45 am] the Proposed Action, preliminary chapters of the draft statement. BILLING CODE 6335±01±P issues, and background information on Comments may also address the the analysis to key individuals, groups, adequacy of the Draft Environmental and agencies for comment. The mailing Impact Statement or the merits of the DEPARTMENT OF COMMERCE list includes those on the Payette alternatives formulated and discussed in postfire mailing list and those generally the statement. Reviewers may wish to Agency Forms Under Review by the interested in Payette National Forest refer to the Council on Environmental Office of Management and Budget NEPA projects. Quality Regulations for implementing (OMB) the procedural provisions of the Schedule National Environmental Policy Act at 40 DOC has submitted to the Office of Draft Environmental Impact CFR 1503.3 in addressing these points. Management and Budget for clearance Statement, May 1995. Final EIS, August the following proposals for collection of Responsible Official 1995. Implementation, September 1995. information under the provisions of the David F. Alexander, Forest Paperwork Reduction Act (44 U.S.C. Comments Supervisor, Payette National Forest, Chapter 35). Comments on the Proposed Action P.O. Box 1026, 106 West Park, McCall, Agency: Bureau of Export and analysis should be received in ID 83638. Administration (BXA) writing on or before March 10, 1995. Dated: January 31, 1995. Title: International Import Certificate. Send comments to: Forest Supervisor, David F. Alexander, Agency Form Number: BXA–645P. OMB Approval Number: 0694–0017. Payette National Forest, P.O. Box 1026, Forest Supervisor. 106 W. Park Street, McCall, ID 83638; Type of Request: Extension of a [FR Doc. 95–2917 Filed 2–6–95; 8:45 am] telephone (208) 634–0700; FAX (208) currently approved collection. 634–0281. BILLING CODE 3410±11±M Burden: 1,986 hours. The comment period on the Draft Number of Respondents: 7,441. Environmental Impact Statement will be Avg Hours Per Response: 10 to 15 45 days from the date the COMMISSION ON CIVIL RIGHTS minutes depending on the requirement. 1 minute for recordkeeping. Environmental Protection Agency Agenda and Notice of Public Meeting publishes the notice of availability in of the North Carolina Advisory Needs and Uses: The U.S. and 20 the Federal Register. Committee other countries have established an The Forest Service believes, at this Import Certificate Procedure to increase early stage, it is important to give Notice is hereby given, pursuant to the effectiveness of controls over reviewers notice of several court rulings the provisions of the rules and strategic commodities. When requested 7166 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices by a foreign exporter, U.S. importers appropriate government resource SUPPLEMENTARY INFORMATION: must provide a certification to the U.S. programs to the firm’s needs, that would Background government that specific commodities assist them in diversifying their will be imported into the U.S. and will operations. On August 23, 1994, Inland Steel Bar Company and USS Kobe Steel Company not be reexported except in accordance Affected Public: Businesses or other (hereafter, petitioners) filed a petition, with U.S. regulations. Once such for–profit organizations. pursuant to section 781(b) of the Tariff representations have been made, BXA Frequency: One time. provides a copy of the certification to Act of 1930, as amended, (the Tariff Act) Respondent’s Obligation: Voluntary. both the foreign exporter and foreign and 19 CFR 353.29 (b) and (f), government. Should a violation occur, OMB Desk Officer: Don Arbuckle, requesting the Department to investigate this documentation can be used against (202) 395–7340. whether imports of certain leaded steel the violator. Copies of the above information products from the Netherlands are Affected Public: Businesses or other collection proposals can be obtained by circumventing the antidumping duty for–profit organizations. calling or writing Gerald Tache´, DOC order issued against certain hot-rolled Frequency: On occasion. Forms Clearance Officer, (202) 482– lead and bismuth carbon steel products Respondent’s Obligation: Required to 3271, Department of Commerce, Room from Germany. obtain or retain benefits. 5327, 14th and Constitution Avenue, Petitioners allege that Thyssen AG, a OMB Desk Officer: Don Arbuckle N.W., Washington, D.C. 20230. German steel producer, is shipping (202) 395–7340. Written comments and leaded steel billets to its wholly-owned recommendations for the proposed subsidiary Nedstahl BV (Nedstahl), Agency: Bureau of Export located in the Netherlands, hot-rolling Administration (BXA) information collections should be sent to Don Arbuckle, OMB Desk Officer, the billets into bars and rods and then Title of Survey: Notification of exporting them from the Netherlands to Commercial Invoices That Do Not Room 10202, New Executive Office Building, Washington, D.C. 20503. the United States. Petitioners assert that Contain A Destination Control Thyssen’s actions warrant an affirmative Statement. Dated February 1, 1995. determination of circumvention under Agency Form Number: N/A. Gerald Tache´, the Tariff Act. Requirements are found at 786.6 of Departmental Forms Clearance Officer, Office On August 29, 1994, the law firm of Export Administration Regulations. of Management and Organization. Sharretts, Paley, Carter & Blauvelt filed OMB Approval Number: 0694–0038. [FR Doc. 95–2997 Filed 2–6–95; 8:45 am] a letter of appearance on behalf of Type of Request: Extension of a BILLING CODE 3510±CW±F Thyssen, and an application for currently approved collection. administrative protective order. Burden: 21 hours. On December 9, 1994, petitioners Number of Respondents: 40. International Trade Administration submitted additional information in Avg Hours Per Response: 30 minutes support of its allegation of for the reporting requirement and 1 circumvention. minute for recordkeeping. [A±428±811] Initiation of Anticircumvention Inquiry Needs and Uses: Commercial Certain Hot-Rolled Lead and Bismuth invoices, bills of lading, and ther Carbon Steel Products From Germany; Section 781(b) of the Tariff Act and 19 shipping documentation contain Initiation of Anticircumvention Inquiry CFR 353.29(f) authorize the Department destination control statements that of Antidumping Duty Order to include merchandise within the indicate the appropriate disposition of scope of an existing antidumping duty the goods or technical data. When a AGENCY: Import Administration, order if: (A) The merchandise imported forwarding agent finds the International Trade Administration, into the United States is of the same documentation lacking, the agent is Department of Commerce. class or kind as the merchandise subject required to notify the exporter of the ACTION: Notice of initiation of to the order; (B) before importation into problem so that corrective action can be anticircumvention inquiry. the United States, such imported taken. merchandise is completed or assembled Affected Public: Businesses or other SUMMARY: On the basis of a petition filed in a third country from merchandise for–profit organizations. with the Department of Commerce (the which (i) is subject to an order, or (ii) Frequency: On occasion. Department), we are initiating an is produced in the foreign country with Respondent’s Obligation: Required to anticircumvention inquiry to determine respect to which such order applies; (C) obtain or retain benefits. whether imports of certain hot-rolled the difference between the value of such OMB Desk Officer: Don Arbuckle, lead and bismuth carbon steel products merchandise imported into the United (202) 395–7340. from the Netherlands are circumventing States and the value of the merchandise Agency: Bureau of Export the antidumping duty order on certain from the country subject to the order Administration (BXA). hot-rolled lead and bismuth carbon steel which was completed or assembled in Title: Defense Diversification Needs products from Germany (58 FR 15324 the third country is small, and (D) the Assessment. (March 22, 1993)). Department determines that action is Agency Form Number: None. appropriate to prevent evasion of such EFFECTIVE DATE: February 7, 1995. OMB Approval Number: 0694–0083. order. Type of Request: Revision of a FOR FURTHER INFORMATION CONTACT: In determining whether to include currently approved collection. Thomas O. Barlow or Wendy J. Frankel, merchandise assembled or completed in Burden: 4,200 hours. Office of Antidumping Compliance, a third country in an order, the Number of Respondents: 4,200. Import Administration, International Department must take into account such Avg Hours Per Response: 1 hour. Trade Administration, U.S. Department factors as; (a) the pattern of trade, (b) Needs and Uses: Commerce is of Commerce, 14th Street and whether the manufacturer or exporter of conducting an assessment of defense Constitution Avenue, NW, Washington, the merchandise from the country subcontractors in order to match DC 20230; telephone: (202) 482–5253. subject to the order is related to the Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7167 person in the third country who Customs Service to suspend liquidation University of Chicago, Notice of completes or assembles the merchandise in the event of an afirmative preliminary Decision on Application for Duty-Free that is subsequently imported into the determination of circumvention. Entry of Scientific Instrument United States, and (c) whether imports This notice is published in into the third country of the This decision is made pursuant to accordance with 781(b) of the Tariff Act merchandise from the order country Section 6(c) of the Educational, (19 U.S.C. 1677j(b)) and 19 CFR 353.29. have increased after the issuance of Scientific, and Cultural Materials such order. Dated: January 30, 1995. Importation Act of 1966 (Pub. L. 89– After taking into account any advice Susan G. Esserman, 651, 80 Stat. 897; 15 CFR part 301). provided by the International Trade Related records can be viewed between Assistant Secretary for Import 8:30 AM and 5:00 PM in Room 4211, Commission (ITC), the Department may Administration. include such imported merchandise U.S. Department of Commerce, 14th and [FR Doc. 95–3001 Filed 2–6–95; 8:45 am] within the scope of such order at any Constitution Avenue, N.W., time such order is in effect. BILLING CODE 3510±DS±P Washington, D.C. Our analysis of petitioners’ Docket Number: 94–135. Applicant: submission according to the above University of Chicago, Chicago, IL criteria leads the Department to The Ohio State University, Notice of 60637. Instrument: Electron Microscope, conclude that: (1) There is evidence that Decision on Application for Duty-Free Model CM120. Manufacturer: NV leaded steel rod imported into the Entry of Scientific Instrument Philips, The Netherlands. Intended Use: United States from the Netherlands is of See notice at 59 FR 63762, December 9, the same class or kind as that covered This decision is made pursuant to 1994. Order Date: August 2, 1994. by the German antidumping duty order; Section 6(c) of the Educational, Comments: None received. Decision: (2) the leaded steel rod imported into Scientific, and Cultural Materials Approved. No instrument of equivalent the United States is completed from Importation Act of 1966 (Pub. L. 89– scientific value to the foreign leaded steel billets produced in 651, 80 Stat. 897; 15 CFR 301). Related instrument, for such purposes as this Germany, the country subject to the records can be viewed between 8:30 instrument is intended to be used, was antidumping duty order; (3) the A.M. and 5:00 P.M. in Room 4211, U.S. being manufactured in the United States difference in value is arguably ‘‘small’’. Department of Commerce, 14th and at the time the instrument was ordered. Petitioners’ evidence on the third factor, Constitution Avenue, N.W., Reasons: The foreign instrument is a combined with other evidence on the Washington, D.C. conventional transmission electron record, provides a reasonable basis to microscope (CTEM) and is intended for Docket Number: 94–126. Applicant: initiate an anticircumvention inquiry. In research or scientific educational uses The Ohio State University, Columbus, the context of the inquiry, the requiring a CTEM. We know of no Department will determine whether OH 43210. Instrument: Mass CTEM, or any other instrument suited to inclusion of such imported products Spectrometer, Model 215-50. these purposes, which was being within the order is appropriate to Manufacturer: Mass Analyser Products manufactured in the United States at the prevent evasion of the order. Limited, United Kingdom. Intended time of order of the instrument. Our analysis of the information in Use: See notice at 59 FR 59212, November 16, 1994. petitioners’ submission leads us to Pamela Woods, conclude that: (1) U.S. import statistics Comments: None received. Decision: Acting Director, Statutory Import Programs evidence a shift in the pattern of trade Approved. No instrument of equivalent Staff. subsequent to issuance of the order; (2) scientific value to the foreign [FR Doc. 95–3000 Filed 2–6–95; 8:45 am] Nedstahl, the entity in the third country instrument, for such purposes as it is BILLING CODE 3510±DS±F who completes or assembles the intended to be used, is being merchandise that is subsequently manufactured in the United States. imported into the United States, is 100 Reasons: The foreign instrument Applications for Duty-Free Entry of percent owned by Thyssen, the Scientific Instruments manufacturer or exporter of the provides: (1) resolution to 600 daltons, merchandise from the country subject to (2) abundance sensitivity of less than 1 Pursuant to Section 6(c) of the 40 39 the order, and therefore, is related; and ppm of Ar detected at Ar with an Educational, Scientific and Cultural (3) the data with respect to imports of analyzer pressure of 10-7 torr, (3) a Materials Importation Act of 1966 (Pub. subject merchandise into the background M/e=36 of less than 5x10-14 L. 89–651; 80 Stat. 897; 15 CFR part Netherlands from Germany evidences cm3 STP and (4) an adjustable Faraday 301), we invite comments on the such an increase. Consideration of the collector for simultaneous ion question of whether instruments of other factors identified above collection. equivalent scientific value, for the strengthens petitioners’ position that the This capability is pertinent to the purposes for which the instruments order is being circumvented. For further applicant’s intended purposes and we shown below are intended to be used, analysis, see Memorandum from Joseph know of no other instrument or are being manufactured in the United A. Spetrini for Susan G. Esserman, apparatus of equivalent scientific value States. Comments must comply with 15 CFR dated January 29, 1995. Based on this to the foreign instrument which is being 301.5(a)(3) and (4) of the regulations and information, we are initiating an manufactured in the United States. anticircumvention inquiry of the be filed within 20 days with the antidumping duty order on certain hot- Pamela Woods, Statutory Import Programs Staff, U.S. rolled lead and bismuth carbon steel Acting Director, Statutory Import Programs Department of Commerce, Washington, products from Germany, case number Staff. D.C. 20230. Applications may be A–428–811. [FR Doc. 95–2999 Filed 2–6–95; 8:45 am] examined between 8:30 A.M. and 5:00 The Department will not suspend BILLING CODE 3510±DS±F P.M. in Room 4211, U.S. Department of liquidation at this time. However, the Commerce, 14th Street and Constitution Department will instruct the U.S. Avenue, N.W., Washington, D.C. 7168 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Docket Number: 94–153. Applicant: National Institute of Standards and to develop these contacts are training/ University of Washington, Department Technology information courses that NIST will present in the United States and in of Zoology, NJ-15, Seattle, WA 98195. [Docket No. 941244±4344] Instrument: Electron Microscope, Model foreign markets. NIST will involve a CM 100. Manufacturer: Philips, The International Standards and Trade variety of federal authorities, ANSI and Netherlands. Intended Use: The Support Program other voluntary standards organizations, instrument will be used by three State Weights and Measures offices, and departments to conduct various studies AGENCY: National Institute of Standards selected private enterprises in these of biological and other organisms. These and Technology, Commerce. efforts. NIST standards experts and studies will include by are not limited ACTION: Notice. standards representatives placed in the to the following: (1) analysis of foreign markets will follow up and help SUMMARY: The National Institute of membrane biogenesis induced by to further develop and maintain these Standards and Technology (NIST) plans contacts. Their range of contacts will be increased HMG-CoA reductase levels, to set up a service to help U.S. industry different but complementary to that of (2) analysis of embryonic and avoid or overcome non-tariff, technical the Foreign Commercial Counselors. regenerative neural development in barriers to trade in many foreign They will be able to collect additional insects, (3) several studies of 5S RNA- markets. Such barriers to trade are information on these markets, on TFIIIA and 42S RNP particles in the caused by normative standards, planned standards and test methods, oocyte, (4) research of extracts from measurement standards, conformity and on newly appointed officials. purified germ cells and mouse mutants, testing, and related practices. NIST has The purpose of the program is to (5) assessment of mechanisms that operated such a program with great enhance U.S. exports by assisting U.S. coordinate cell cycle functions, (6) success in Saudi Arabia for the past four manufacturers to overcome or avoid questions concerning the years. NIST plans to (1) support ITA, standards-related, non-tariff trade morphogenesis of glial cells and USTR and voluntary standards barriers (NTBs), especially technical neurons, (7) determination of whether organizations such as ISO, IEC, ANSI, barriers to trade (TBTs), and by strain non-uniformities arise in muscle and to cooperate with regulatory facilitating negotiation of mutual cells subject to rapid length agencies, certifiers, etc.; (2) place NIST recognition agreements for conformance perturbations, and (8) tracking of cells standards experts in critical markets; (3) testing. TBTs, whether or not in mitotic specific domains. Application train and place local-hire NIST established intentionally by our trading Accepted by Commissioner of Customs: standards representatives in developing partners, limit U.S. manufacturers’ January 10, 1995. markets; (4) develop close contacts with access to export markets and often cause key authorities in foreign markets large expenses to exporters when testing Docket Number: 95–002. Applicant: through training, etc.; and (5) align its of conformance to the standards of one Metropolitan Water District of Southern program with the International Trade or more receiving countries is required, California, Water Quality Lab, 700 Administration’s, where the Foreign when tests need to be performed in the Moreno Avenue, La Verne, CA 91750. Commercial Counselors at U.S. buyer’s country, or, more generally, Instrument: Mass Spectrometer, Model Embassies assist U.S. companies to through the inevitable delay connected Autospec. Manufacturer: Fisons, United overcome specific standards-related with conformance testing and Kingdom. Intended Use: The instrument non-tariff trade barriers. NIST is certification. TBTs result from will be used to identify unknown interested in industry cooperation and disparities between standards and organic compounds that are formed at invites responses about countries and conformity assessment practices in the very low concentrations in drinking types of technical barriers to trade to be United States and in its trading partners: water during disinfection processes and addressed. Foreign national, regional, or international to study the precursors that when FOR FURTHER INFORMATION CONTACT: standards may not reflect the latest U.S. disinfected form the disinfection by- Please address all communications to technology and technical practice. In some products. While the main use of the Dr. Peter L.M. Heydemann, Director, cases, this is due to lack of U.S. influence in instrument will be in research Technology Services, National Institute the development of international standards, applications, it will be used periodically of Standards and Technology, where European practice prevails in certain technical areas due to the extensive for the education and training of Gaithersburg, MD 20899; phone (301) participation of European Authorities and, in postdoctoral assistants and 975–4500; FAX (301) 975–2183. some cases, due to bloc voting by European undergraduate cooperative-education SUPPLEMENTARY INFORMATION: NIST national standards bodies. In many cases, the students who are working on plans to address problems in the United States has had limited opportunity to disinfection by-product studies. European Union, the ten ‘‘big emerging influence standards development of Application Accepted by Commissioner markets’’ (BEMs) defined by Under importing countries or regions. Secretary Jeffrey Garten, Russia and Differences in testing and certification of Customs: January 6, 1995. requirements in other countries frequently certain of the Newly Independent States pose obstacles to U.S. exports. If Mutual (NIS). The ten BEMs are Mexico, China, Pamela Woods, Recognition Agreements (MRA) for Indonesia, India, South Korea, conformance testing are not in place and test Acting Director, Statutory Import Programs Argentina, Brazil, South Africa, Turkey, data generated in the United States are not Staff. and Poland. accepted in a foreign country, U.S. exporters [FR Doc. 95–2998 Filed 2–6–95; 8:45 am] The strategy of the program will be to must duplicate costly and time-consuming BILLING CODE 3510±DS±F develop close, personal contacts approval and certification procedures in the between NIST staff and key officials in foreign country to meet regulatory requirements for product acceptance. foreign markets who can influence Agreements on the mutual recognition of standards-related non-tariff trade conformance testing are often difficult to barriers. These contacts will help NIST obtain and even more difficult to enforce. to negotiate changes from a basis of Foreign standards and conformity assessment mutual trust and confidence. One means rules are often complex and detailed, and Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7169 many exporters are unable to obtain II. Implementation of NAFTA: Trilateral where warranted in specific situations. sufficient, timely information on them. This Committee Arrange and support consistent problem compounds the difficulties created Plan the harmonization of representation of U.S. industry on by disparities among national or regional international standards writing standards and conformity assessment rules. measurement services (calibrations, Standard Reference Material, and committees. The major goals of the Technology Standard Reference Data); provide VI. Training Services (TS) Standards in Trade extensive training to participants; Provide training and familiarization program are: compare national measurement for metrologists and standards writers 1. Reduce differences between U.S. standards. Draft test protocols; define from Canada and Mexico as part of the standards on specific products and areas for mutual recognition of implementation of NAFTA. those of our NAFTA and other major calibration and conformance testing Provide training in metrology, trading partners, especially in primary services; define information needs. conformance testing, and standards and development export areas. III. Implementation of NAFTA: writing to representatives of Russia and 2. Promote the incorporation of U.S. Standards Information the BEM governments. The purpose is to standards and technology into Organize the continuous acquisition familiarize them with U.S. Technology international standards. of the broad range of information and to lay the groundwork for helping 3. Maximize adoption by developing required by NAFTA: federal, state, local the host country to re-write standards to countries of U.S. standards and and private standards, rules and reflect the use of U.S. technology and of technology. regulations—both current and performance versus design standards. 4. Provide the technical underpinning planned—that affect trade. Make that VII. Acquisition and Dissemination of and develop the contacts necessary for information available to U.S. industry Information recognition of U.S.-based conformity and disseminate it automatically to Design, create, and install an on-line assessment practices by foreign predetermined target groups. regulatory authorities and support U.S. database system for standards-related negotiators in developing and IV. Overcoming Technical Trade information. Barriers in the European Union Establish a central NIST inquiry point implementing mutual recognition as part of the database but with access agreements. Establish permanent representation at to human experts. Technology Services 5. Raise awareness by industry and the USEC Mission by resident, professional NIST staff who will (1) currently answers about 170,000 the federal government of the inquiries on standards per year mostly importance of standards, testing and work with national and international standards committees to facilitate by letter, phone, or personal contact. certification practices, especially in Database access will be able to answer international arenas. recognition of U.S. technology and test methods in new standards; (2) review the bulk of these inquiries more 6. Develop an automated standards existing foreign or international efficiently. data network relying on all available standards in key U.S. export sectors (15 U.S.C. 272) sources of information to support the and, based on private sector input, Dated: January 31, 1995. information needs of industry and advocate modifications to remove or government. Samuel Kramer, reduce technical barriers to trade; (3) Associate Director. These goals will be achieved through support negotiations of mutual [FR Doc. 95–2963 Filed 2–6–95; 8:45 am] strong support to the Departments of recognition agreements for conformance BILLING CODE 3510±13±M State and Commerce, and the U.S. Trade testing; (4) facilitate U.S. input to the Representative in international development of standards, test methods, negotiations to secure foreign and certification procedures supporting acceptance of U.S. tests, certificates, regulatory requirements; and (5) provide COMMODITY FUTURES TRADING quality systems, and registrations, and technical advice and support to COMMISSION through the following seven commercial and economic staffs in U.S. Kansas City Board of Trade complementary programs and embassies in Europe for the Application for Designation as a initiatives: identification and resolution of trade Contract Market in Western Natural Standards in Trade Programs and issues involving technical barriers. Gas Futures and Option Contracts Initiatives V. Overcoming Technical Barriers to AGENCY: Commodity Futures Trading Trade in Major Emerging Markets I. Support for ISO/IEC and other Commission. International Standards Committees Place NIST standards experts with the ACTION: Notice of availability of the and Subcommittees same tasks described in Section IV in terms and conditions of proposed three or four major (BEM) markets (e.g., Assign NIST technical staff to provide commodity futures and option Argentina, Brazil, Mexico), and in contracts. technical support to specific committees Russia, Saudi Arabia, and the European and subcommittees, whose deliberations Union. Establish U.S. standards support SUMMARY: The Kansas City Board of may result in standards, guides or offices with local administrative staff in Trade (KCBT or Exchange) has applied recommendations that will affect U.S. six or seven major (BEM) markets (E.g., for designation as a contract market in trade. Provide coordination and Turkey, South Africa, Chile, India, western natural gas futures and option contribute to the necessary resources. Indonesia, South Korea). Develop contracts. The Director of the Division Work with U.S. industry and programs for metrology and testing of Economic Analysis (Division) of the standards writing organizations to laboratories with Russia and the BEMs Commission, acting pursuant to the achieve consistent, professional to provide for recognition of U.S. test authority delegated by Commission representation on all important results by foreign regulatory authorities. Regulation 140.96, has determined that international committees and This is an efficient means to remove publication of the proposals for subcommittees. measurement-related trade barriers comment is in the public interest, will 7170 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices assist the Commission in considering CONSUMER PRODUCT SAFETY are available from Francine Shacter, the views of interested persons, and is COMMISSION Office of Planning and Evaluation, consistent with the purposes of the Consumer Product Safety Commission, Commodity Exchange Act. Notification of Proposed Collection of Washington, DC 20207; telephone (301) Information; Survey of Manufacturers 504–0416, extension 2245. DATES: Comments must be received on of Upholstered Furniture This is not a proposal to which 44 or before March 9, 1995. USC 3504(h) is applicable. AGENCY: Consumer Product Safety ADDRESSES: Interested persons should Commission. Dated: January 31, 1995. submit their views and comments to ACTION: Notice. Sadye E. Dunn, Jean A. Webb, Secretary, Commodity Secretary, Consumer Product Safety Futures Trading Commission, 2033 K SUMMARY: In accordance with the Commission. Street NW, Washington, DC 20581. Paperwork Reduction Act of 1981 (44 [FR Doc. 95–2859 Filed 2–6–95; 8:45 am] Reference should be made to the KCBT U.S.C. Chapter 35), the Consumer BILLING CODE 6355±01±P western natural gas futures and option Product Safety Commission has contracts. submitted to the Office of Management and Budget a request for approval of a [CPSC Docket No. 95±C0007] FOR FURTHER INFORMATION CONTACT: proposed collection of information in General Nitewear Corp., a corporation; Please contact Joseph Storer of the the form of a survey of manufacturers of Provisional Acceptance of a Division of Economic Analysis, upholstered furniture. The purpose of Settlement Agreement and Order Commodity Futures Trading this survey is to obtain information Commission, 2033 K Street NW, about the types of fabrics and filling AGENCY: Consumer Product Safety Washington, DC 20581, telephone 202– materials currently used in the Commission. 254–7303. production of upholstered furniture. ACTION: Provisional acceptance of a SUPPLEMENTARY INFORMATION: Copies of In 1994, the Commission began a settlement agreement under the the terms and conditions will be rulemaking proceeding to develop a Consumer Product Safety Act. flammability standard for upholstered available for inspection at the Office of furniture to address risks of death, the Secretariat, Commodity Futures SUMMARY: It is the policy of the injury, and property damage associated Trading Commission, 2033 K street, Commission to publish settlements with fires resulting from ignition of which it provisionally accepts under the N.W., Washington, D.C. 20581. Copies upholstered furniture by small open- Consumer Product Safety Act in the of the terms and conditions can be flame sources. The information obtained Federal Register in accordance with the obtained through the Office of the from the proposed survey will be used terms of 16 CFR 1605.13. Published Secretariat by mail at the above address in conjunction with data obtained from below is a provisionally-accepted or by phone at (202) 254–6314. flammability testing of upholstered Settlement Agreement with General Other materials submitted by the furniture items to make estimates of Nitewear Corp., a corporation. KCBT in support of the applications for potential benefits and potential costs of DATES: Any interested person may ask contract market designation may be the flammability standard for the Commission not to accept this available upon request pursuant to the upholstered furniture now under agreement or otherwise comment on its Freedom of Information Act (5 U.S.C. development. contents by filing a written request with 552) and the Commission’s regulations Additional Details About the Request the Office of the Secretary by February thereunder (17 C.F.R. part 145 (1987)), for Approval of a Collection of 22, 1995. except to the extent they are entitled to Information ADDRESSES: Persons wishing to confidential treatment as set forth in 17 Agency address: Consumer Product comment on this Settlement Agreement C.F.R. 145.5 and 145.9. Requests for Safety Commission, Washington, DC should send written comments to the copies of such materials should be made 20207. Comment 95–C0007, Office of the to the FOI, Privacy and Sunshine Act Title of information collection. Survey Secretary, Consumer Product Safety Compliance Staff of the Office of the of Upholstered Furniture Commission, Washington, DC 20207. Secretariat at the Commission’s Manufacturers. FOR FURTHER INFORMATION CONTACT: headquarters in accordance with 17 Type of request. Approval of a new Eric L. Stone, Trial Attorney, Office of C.F.R. 145.7 and 145.8. plan. Compliance and Enforcement, Any person interested in submitting Frequency of collection. One time. Consumer Product Safety Commission, written data, views, or arguments on the General description of respondents. Washington, DC 20207; telephone (301) proposed terms and conditions, or with Manufacturers of upholstered furniture. 504–0626. respect to other materials submitted by Total number of respondents. 280. SUPPLEMENTARY INFORMATION: The text of the KCBT, should send such comments Number of responses per respondent. the Agreement and Order appears to Jean A. Webb, Secretary, Commodity 1. below. Futures Trading Commission, 2033 K Hours per response. 10. Dated: January 31, 1995. Total hours for all respondents. 2,800. Street, NW, Washington, DC 20581 by Sadye E. Dunn, Comments. Comments about this the specified date. request for approval of a collection of Secretary. Issued in Washington, DC, on February 1, information should be addressed to Consent Order Agreement 1995. Donald Arbuckle, Desk Officer, Office of General Nitewear Corp. (‘‘General Blake Imel, Information and Regulatory Affairs, Nitewear’’ or ‘‘Respondent’’) enters into this Acting Director. Office of Management and Budget, Consent Order Agreement with the staff (‘‘the [FR Doc. 95–2909 Filed 2–6–95; 8:45 am] Washington, DC 20503; telephone (202) staff’’) of the Consumer Product Safety 395–7340. Copies of the request for Commission (‘‘the Commission’’) pursuant to BILLING CODE 6351±01±P approval of a collection of information the procedures set forth in section 1605.13 of Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7171 the Commission’s Procedures for 8. The Commission may disclose the terms comply with the flammability requirements Investigations, Inspections, and Inquiries of this Consent Order Agreement to the of the sleepwear standards. under the Flammable Fabrics Act (FFA), 16 public consistent with section 6(b) of the 4. Respondent failed to properly test the CFR 1605. CPSA. piping and other trim and consequently This Agreement and Order are for the sole 9. This Agreement and the Complaint failed to maintain appropriate records of purpose of settling allegations of the staff that accompanying the Agreement may be used in such testing as required by the sleepwear Respondent sold children’s sleepwear that interpreting the Order. Agreements, standards. failed to comply with the Standard for the understandings, representations or 5. As the result of these failures to comply Flammability of Children’s Sleepwear: Sizes interpretations made outside of this Consent with the sleepwear standards, Respondent 0 through 6X and Standard for the Order Agreement may not be used to vary or manufactured for sale, sold, or offered for Flammability of Children’s Sleepwear: Sizes contradict its terms. sale, in commerce, or imported, delivered for 7 through 14, 16 CFR Parts 1615 and 1616 Upon acceptance of this Agreement, the introduction, transported in commerce, or (‘‘the sleepwear standards’’). Commission shall issue the following sold or delivered after sale or shipment in Respondent and the Staff Agree ORDER. commerce, a significant number of garments Dated: December 23, 1994. of several different styles and sizes of 1. The Consumer Product Safety Eric L. Stone, children’s sleepwear garments that failed to Commission is an independent regulatory comply with the sleepwear standards. agency of the United States government. The Trial Attorney, Division of Administrative 6. After being informed of the violations by Commission has jurisdiction over this matter Litigation. the Commission staff, Respondent continued under the Consumer Product Safety Act, 15 David Schmeltzer, to ship sleepwear with trim that did not U.S.C. 2051 et seq. (CPSA), the Flammable Assistant Executive Director, Office of comply with the sleepwear requirements. Fabrics Act, 15 U.S.C. 1191 et seq. (FFA) and Compliance and Enforcement, Consumer the Federal Trade Commission Act (15 U.S.C. Relief Sought Product Safety Commission. et seq. (FTCA). For the Commission staff. Wherefore, the staff requests the 2. Respondent General Nitewear is a Commission to issue an order requiring Harold Jetter, corporation organized and existing under the Respondent to laws of the State of New York with principle President & CEO, General Nitewear Corp. (a) cease and desist from the manufacture corporate offices at 1 West 34th Street, New for sale, and sale, or the offering for sale, in York, New York 10001. Complaint commerce, or the importation, delivery for 3. Respondent is now, and has been The staff of the Consumer Product Safety introduction, transportation in commerce, or engaged in one or more of the following Commission (‘‘staff’’) contends that General the sale or delivery after sale or shipment in activities: the manufacture for sale, the sale, Nitewear Corp., a corporation commerce, of children’s sleepwear subject to or the offering for sale, in commerce, or the (‘‘Respondent’’), is subject to the provisions the sleepwear standards that fails to comply importation, delivery for introduction, of the Consumer Product Safety Act, 15 with the sleepwear standards, and further, transportation in commerce, or the sale or U.S.C. §§ 2051 et seq. (CPSA); the Flammable (b) order Respondent to comply with the delivery after sale or shipment in commerce, of children’s sleepwear subject to the Fabrics Act, 15 U.S.C. §§ 1191 et seq. (FFA); recordkeeping and testing requirements of sleepwear standards. the Federal Trade Commission Act (15 U.S.C. the sleepwear standards. 4. This Agreement is for the purpose of §§ 41 et seq. (FTCA); the Standard for the Wherefore, the premises considered, the settling the allegations in the accompanying Flammability of Children’s Sleepwear: Sizes Commission hereby issues this Complaint on Complaint. Respondent denies it 0 through 6X and the Standard for the the 1st day of February 1995. intentionally violated the sleepwear standard Flammability of Children’s Sleepwear: Sizes By direction of the Commission. 7 through 14, 16 C.F.R. Parts 1615 and 1616 and does not admit that it knowingly violated David Schmeltzer, the law. Moreover, this Agreement does not (‘‘the sleepwear standards’’). The staff further contends Respondent violated the sleepwear Assistant Executive Director, Office of constitute an admission by Respondent that Compliance and Enforcement. it is paying a civil penalty as it is standards’ provisions related to trim. Respondent’s position that it is paying the Based upon the information provided to Order amount referenced in the attached Order to the Commission by the staff, the Commission I settle the Commission’s contention that a determined it is in the public interest to issue civil penalty is appropriate. The Agreement this Complaint. Therefore, by virtue of the It is hereby ordered that Respondent, its becomes effective only upon its final authority vested in the Commission by successors and assigns, agents, acceptance by the Commission and service of section 30(b) of the CPSA, 15 U.S.C. representatives, and employees, directly or the incorporated Order upon Respondent. § 2079(b); sections 3 and 5 of the FFA, 15 through any corporation, subsidiary, 5. The parties agree this Consent Order U.S.C. §§ 1192 and 1194; and section 5 of the division, or other business entity, or through Agreement resolves the allegations of the FTCA, 15 U.S.C. § 45; and in accordance with any agency, device or instrumentality, do Complaint and the Commission shall not the Commission’s Rules of Practice for forthwith cease and desist from selling or initiate any other criminal, civil or Adjudicative Proceedings, 16 CFR Part 1025, offering for sale, in commerce, or administrative action against the firm for the Commission hereby issues this Complaint manufacturing for sale, in commerce, or those alleged violations based on the and states the staff’s charges as follows: importing into the United States or information currently known to the staff. 1. Respondent General Nitewear Corp. is a introducing, delivering for introduction, 6. Respondent waives any rights to a corporation organized and existing under the transporting or causing to be transported, in formal hearing, and any findings of fact and laws of the State of New York with principal commerce, or selling or delivering after sale conclusions of law regarding the allegations corporate offices at 1 West 34th Street, New or shipment in commerce, any item of set forth in the Complaint. Respondent York, New York 10001. children’s sleepwear with trim that fails to waives any right to seek judicial review or 2. Respondent is and has been engaged in comply with the flammability requirements otherwise challenge or contest the validity of one or more of the following activities: the with respect to trim of the Standard for the the Commission’s Order and to any rights manufacture for sale, the sale, or the offering Flammability of Children’s Sleepwear: Sizes under the Equal Access to Justice Act, Pub. for sale, in commerce, or the importation, 0 through 6X, 16 CFR Part 1615.4(d)(2)(ii); or L. 96–481, 94 Stat. 2325, 5 U.S.C. 504. delivery for introduction, transportation in the Standard for the Flammability of 7. Respondent denies the allegations of commerce, or the sale or delivery after sale Children’s Sleepwear: Sizes 7 through 14, 16 paragraphs 1 through 6 of the Complaint that or shipment in commerce, of children’s CFR Part 1616.4(c)(2)(ii). it has knowingly violated the sleepwear sleepwear subject to the sleepwear standards. standard provisions related to trim of the 3. For a period of several years, II Flammable Fabrics Act, 15 U.S.C. 1194; and Respondent manufactured and sold items of It is further ordered that Respondent shall further denies that it intentionally shipped children’s sleepwear that use a kind of trim conduct all prototype testing, and maintain non-conforming children’s sleepwear after known as ‘‘piping.’’ Respondent used trim all records for sleepwear with trim required notification from the Commission. manufactured out of materials that do not by the Standard for the Flammability of 7172 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Children’s Sleepwear: Sizes 0 through 6X, 16 of AmeriCorps*VISTA sponsors and Guidelines for Selection of CFR Part 1615.31(e)(iii); and the Standard for projects. The Corporation will refer to AmeriCorps*VISTA Sponsors and the Flammability of Children’s Sleepwear: this program as AmeriCorps*VISTA. Projects Sizes 7 through 14, 16 CFR Part 1616.31(d)(iii). These guidelines outline the way Part I. Program Directions AmeriCorps*VISTA will operate, the III overall programmatic direction of the The Corporation for National and Community Service was established by It is further ordered that Respondent pay AmeriCorps*VISTA program, criteria the National and Community Service to the United States Treasury a civil penalty for selection of AmeriCorps*VISTA of $110,000 within 36 months of service Act Trust Act of 1993, enacted into law sponsors and projects, and upon Respondent of the Final Order. Such on September 21, 1993. The Corporation payment may be made in one lump sum AmeriCorps*VISTA project approval manages several types of service payment within twenty days of service of the procedures. The Corporation invites all initiatives, including the AmeriCorps Final Order or in three installment payments interested parties to comment on the National Service Network of programs. of thirty-six thousand, six hundred and sixty- issues discussed in this notice. Any AmeriCorps is locally driven, offering six dollars and sixty-seven cents ($36,666.67) comments received will be given careful resources to communities to design and each. If Respondent elects to make three consideration in the development of the payments, the first payment is due within implement their own solutions while twenty (20) days after service upon final guidelines. maintaining a national AmeriCorps Respondent of the Final Order in this matter. DATES: This notice is effective February identity. Respondent shall pay the second installment 7, 1995. Comments must be received on The mission of AmeriCorps has four within 24 months after service of the Final or before March 24, 1995. components: Order, and the third payment within 36 Getting Things Done—achieving months after service of the Final Order. Upon ADDRESSES: Comments may be mailed to demonstrable results in meeting the failure of Respondent to make any the AmeriCorps*VISTA Office, The Americans’ educational, public safety, payment in a timely manner, the entire Corporation for National Community human, and environmental needs. amount of the civil penalty shall be due and Strengthening Communities—uniting payable, and interest on the outstanding Service, Room 9217, 1201 New York balance shall accrue and be paid at the Ave., NW., Washington, DC 20525. citizens from different backgrounds and federal legal rate of interest under the Comments received may also be bringing together diverse institutions in provisions of 28 U.S.C. 1961 (a) and (b). inspected at Room 9120 between 9 a.m. partnerships to transform communities and 5 p.m. in need. IV Encouraging Responsibility— It is further ordered that for a period of FOR FURTHER INFORMATION CONTACT: strengthening the spirit of citizenship three years following the service upon Diana B. London, Deputy Director, through service, education about Respondent of the Final Order in this matter, AmeriCorps*VISTA, (202) 606–5000, service, and understanding of Respondent notify the Commission within 30 extension 228. For individuals with communities. days following the consummation of the sale Expanding Opportunity—offering of a majority of its stock or following a disabilities, information will be made change in any of its corporate officers available in alternative formats, upon education awards in return for service, responsible for compliance with the terms of request. and providing invaluable life- and job- this Consent Agreement and Order. skills to members which they will carry By direction of the Commission, this SUPPLEMENTARY INFORMATION: The Final through the rest of their lives. Consent Order Agreement is provisionally Notice of VISTA Guidelines, as Within the AmeriCorps National accepted pursuant to 16 CFR 1605.13, and published in the Federal Register, 50 FR Service Network of programs is shall be placed on the public record, and the 30982, July 31, 1985 and 55 FR 9343, AmeriCorps*VISTA (Volunteers In Secretary is directed to publish the March 13, 1990, are no longer valid. Service To America), authorized under provisional acceptance of the Consent Order Pursuant to Subtitle B, Chapter 1, Title I, Part A of the Domestic Volunteer Agreement in the Commission’s Public section 321 of the National and Service Act of 1973, as amended (Pub. Calendar and in the Federal Register. Community Service Trust Act of 1993 L. 93–113). The statutory mandate of So ordered by the Commission, this 31st (the Act) Pub. L. 103–82, the purpose of AmeriCorps*VISTA is ‘‘to eliminate and day of January 1995. AmeriCorps*VISTA as provided in the alleviate poverty and poverty-related Sadye E. Dunn, Domestic Volunteer Service Act (42 problems in the United States by Secretary, Consumer Product Safety U.S.C. 4950 et seq.) has been broadened encouraging and enabling persons from Commission. to include strengthening local all walks of life, all geographical areas, [FR Doc. 95–2879 Filed 2–6–95; 8:45 am] organizations to carry out the purpose of and all age groups * * * to perform BILLING CODE 6355±01±M the program. Section 327 of the Act meaningful and constructive volunteer provides additional factors in approving service * * * where the application of applications for assistance under human talent and dedication may assist CORPORATION FOR NATIONAL AND AmeriCorps*VISTA. in the solution of poverty and poverty- COMMUNITY SERVICE related problems and secure and exploit This notice outlines the guidelines for opportunities for self-advancement by Selection of AmeriCorps* VISTA the selection of AmeriCorps*VISTA persons afflicted with such problems. In Sponsors and Projects; Guidelines sponsors and projects. The following addition, the objective of provisions address the criteria for AGENCY: Corporation for National and (AmeriCorps*VISTA) is to generate the Community Service. sponsorship of new and existing commitment of private sector resources, AmeriCorps*VISTA projects, criteria for ACTION: Notice of guidelines with to encourage volunteer service at the project selection, and explain the respect for comment. local level, and to strengthen local approval process at the State level. In agencies and organizations to carry out SUMMARY: The Corporation for National addition, the process for selecting the purposes (of the program)’’ (42 and Community Service (the national competitive and national U.S.C. 4951). Corporation) is issuing this notice demonstration AmeriCorps*VISTA AmeriCorps*VISTA provides full- concerning guidelines for the selection projects is addressed. time, full-year members to local public Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7173 and private non-profit organizations otherwise support locally and j. Describe how the number of which have goals in accord with nationally-recruited AmeriCorps*VISTA AmeriCorps*VISTA members being AmeriCorps*VISTA’s legislative members in appropriate capacity- requested is appropriate for project mission, and have projects determined building roles. goals and objectives, and how the skills and defined by those to be served. Each f. Have an understanding of the qualifications described in the AmeriCorps*VISTA project must focus concept of, and be committed to, application are appropriate for the on the mobilization of community promoting national service and assignment(s). resources, the transference of skills to AmeriCorps. k. Describe how AmeriCorps*VISTA community residents, and the g. Be experienced in the issues related assignments are designed to utilize the expansion of the capacity of to the beneficiaries of service and those full-time member’s time to the community-based and grassroots being addressed by the proposed maximum extent. organizations to solve local problems. project. B. Prohibited Activities Programming should encourage h. Have the capacity to build permanent, long-term solutions to community partnerships and Applicant and current sponsoring problems confronting low-income collaborative efforts in order to achieve organizations must ensure that the communities rather than short-term project self-sufficiency. following prohibitions on approaches for handling emergency AmeriCorps*VISTA and sponsor needs. AmeriCorps*VISTA project 2. Project Selection Criteria activity are observed: sponsors must actively elicit the support The proposed project must: 1. AmeriCorps*VISTA are prohibited and/or participation of local public and a. Address the needs of low-income by law from participating in: private sector elements in order to communities and otherwise comply (a) Partisan and nonpartisan political enhance the chances of a project’s with the provisions of the Domestic activities, including voter registration success, as well as to make the activities Volunteer Service Act of 1973, (DVSA) and transporting voters to the polls. undertaken by AmeriCorps*VISTA self- as amended (42 U.S.C. 4951 et seq.) (b) Direct or indirect attempts to sustaining when the Corporation for applicable to AmeriCorps*VISTA and influence legislation, or proposals by National Service no longer provides all applicable published regulations, initiative petition. (c) Any outside employment while in those resources. guidelines and Corporation policies. AmeriCorps*VISTA service. Part II. Criteria for Selection of b. Lead to building organizational 2. AmeriCorps*VISTA sponsoring AmeriCorps*VISTA Sponsors and and/or community capacity to continue organizations are prohibited by law Projects the efforts of the project once from: AmeriCorps*VISTA resources are (a) Carrying out projects resulting in A. Criteria for Sponsorship withdrawn. This will be demonstrated the identification of such projects with The following provisions explain the through measurable goals and objectives partisan or nonpartisan political organizational requirements that must and the stated AmeriCorps*VISTA tasks activities, including providing voters be met to sponsor an which are attainable within the time- with transportation to the polls and any AmeriCorps*VISTA project; and the frame of the project. voter registration activity other than criteria necessary for selection of any c. Be designed to generate public and/ making voter registration applications AmeriCorps*VISTA project. or private sector resources and to and nonpartisan voter registration promote local, part-time volunteer 1. Organizational Selection Criteria information available to the public on service. the premises. The applicant must: d. Describe in measurable terms the (b) Assigning AmeriCorps*VISTAs to a. Be a public sector organization or anticipated self-sufficiency outcomes at activities which would otherwise be a private organization designated as the conclusion of the project, including performed by employed workers and non-profit by the Internal Revenue outcomes related to the sustainability of which would supplant the hiring of or Service (IRS). (Organizations that have the project activities. result in the displacement of employed submitted applications for non-profit e. Clearly state how workers, or impair existing contracts for status from the IRS will also be AmeriCorps*VISTAs will be trained, service. considered.) supervised and supported to ensure the (c) Requesting or receiving any b. Comply with applicable financial achievement of program goals and compensation for the services of and fiscal requirements established by objectives as stated in the project work AmeriCorps*VISTA members. the Corporation for National Service or plan. (d) Using funds to finance, directly or other elements of the Federal f. Be internally consistent; the indirectly, labor and anti-labor Government. problem statement which demonstrates organization and related activities. c. Have resources available for need, the project work plan, the (e) Using funds appropriated to carry AmeriCorps*VISTA members to AmeriCorps*VISTA assignment out AmeriCorps*VISTA programming perform their tasks; i.e., space, description, and all other components for any activity for the purposes of consumable supplies, telephone, on-the- must be related logically to each other. influencing the passage or defeat of job transportation reimbursement; and g. Ensure that AmeriCorps*VISTA legislation or proposals by initiative be able to provide emergency cash and community resources sufficient to petition unless otherwise permitted advances when needed. achieve project goals and objectives are under the Domestic Volunteer Service d. Be able to mobilize community, available. Act of 1973, as amended. public, and private sector resources to h. Involve beneficiaries of service in 3. AmeriCorps*VISTA members are achieve short-term program goals and project development and prohibited from engaging in any long-term project self-sufficiency goals, implementation throughout the life of religious activities as part of their and to encourage local part-time the project. duties. AmeriCorps*VISTA sponsors are volunteer service. i. Have the management and technical prohibited from conducting any e. Have the capacity and commitment capability to implement the project religious instruction, worship, to recruit, orient, train, supervise, and successfully. proselytization or other religious 7174 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices activity as part of the State Office’s approved Annual Plan. be treated as new project applications in AmeriCorps*VISTA project. Applications submitted prior to the accordance with the procedures approval of the Annual Plan in March outlined in III A above. Part III. Americorps*VISTA Project 1995 will be considered without the Approval Process B. Project Approval Process for Existing requirement of conformance with the AmeriCorps*VISTA Sponsors A. Project Approval Process for New Corporation State Office’s Annual Plan. Sponsors Selected at State Level b. Prior to submission of the AmeriCorps*VISTA projects will be application, the State Office staff will reviewed at the time of their renewal In order to assure all potential arrange for a site visit to the applicant request to determine the extent to which sponsors equal consideration, the organization to provide technical approved project work plan goals and project approval process for new assistance and to enhance Corporation objectives are being met, paying special AmeriCorps*VISTA projects described State Office staff’s knowledge of the attention to capacity building and below is to be followed. Existing applicant organization and the project self-sufficiency goals as well as projects seeking to change their community to be served by the to AmeriCorps*VISTA member programmatic emphasis areas and/or proposed project. retention and satisfaction with the substantially change the scope of the c. The applicant organization will service experience. activities and duties performed by submit a completed application form to The project approval process outlined AmeriCorps*VISTA members (e.g. from the Corporation State Office within the below is to be followed for all literacy to health care) must also comply timeframe established by the State AmeriCorps*VISTA sponsors seeking with these procedures. Office. renewal of their existing 1. AmeriCorps*VISTA Pre-Application d. The Corporation State Director will AmeriCorps*VISTA projects with the Requests review the project application and exception of sponsors proposing to render a final decision within 15 change programmatic emphasis and/or a. Requests from potential sponsors working days of receipt. For approved substantially change the scope of for AmeriCorps*VISTA pre-application applications, the Corporation State activities as described in paragraph forms must be submitted, in writing, to Director may convene a community A.2.g. the Corporation State Office. The and/or peer panel for the purpose of 1. At least 120 calendar days prior to request should briefly outline the strengthening, or adding value to, the the end of the Memorandum of proposed use of AmeriCorps*VISTA proposed project. If a project application Agreement, Corporation State Office members. is approved, the Corporation State staff will send out a renewal package to b. Corporation State Office staff must Director will advise the sponsoring the sponsoring organization. In addition respond to such requests within 5 organization in writing that the project to an application form, the package working days of receipt by sending a has been approved for one year subject should include any programmatic pre-application form to the potential to the availability of funds. The recommendations which the sponsoring organization, or advising the Corporation State Office staff will also Corporation State Office staff believes requestor that the organization would be provide the organization with are needed to improve the quality of the an inappropriate sponsor (e.g. a for- appropriate information on project based on information gleaned profit organization). AmeriCorps*VISTA recruitment, during site visits, from project progress c. Potential sponsors must complete placement, and training. The reports, and from discussions with and return the pre-application form to Corporation State Director will prepare, project staff and AmeriCorps*VISTA the Corporation State Office within sign, and send a Memorandum of members. timeframes established by the State Agreement to the sponsoring 2. At least 90 calendar days prior to Office. organization for signature by an the end of the current Memorandum of d. Corporation State Office staff will authorized official within the Agreement, the sponsoring organization review the pre-application form and organization. will submit the renewal project advise the applicant in writing, within e. The Corporation State Office staff application to the Corporation State 10 working days of receipt of the form, will send to AmeriCorps*VISTA Office. as to whether to proceed with the Headquarters a copy of the approved 3. The Corporation State Office staff development of a full project application and letter to the will review the renewal application AmeriCorps*VISTA project application. sponsor. The official project document within 15 working days of receipt, or at That decision is based on file will be retained in the Corporation least 75 calendar days prior to the end AmeriCorps*VISTA programming State Office. of the current Memorandum of priorities, information on the applicant f. Applicant organizations whose Agreement. The review will include: a organization’s track record within the proposals are disapproved will be compliance review with community, and conformance with the informed in writing by the Corporation AmeriCorps*VISTA regulations and Corporation State Office’s Annual Plan State Director and provided reasons for program criteria; a review of progress that is due by March 1995, and disapproval. being made toward achievement of thereafter, in the fourth quarter of each g. Project applications from current capacity building and self-sufficiency fiscal year. AmeriCorps*VISTA sponsors proposing goals; and conformance to the to change programmatic emphases and/ Corporation State Office’s approved 2. AmeriCorps*VISTA Project or substantially change the scope of Annual Plan. Application Review activities performed by the 4. If the renewal proposal is approved a. Corporation State Office staff will AmeriCorps*VISTA members from by the Corporation State Office staff, the send an AmeriCorps*VISTA project those previously approved are not Corporation State Director will send an application and technical assistance subject to the denial of refunding approval letter to the sponsor along with materials to potential sponsoring procedures contained in section 412 of a new Memorandum of Agreement for organizations whose proposed project is the Domestic Volunteer Service Act of signature by an authorized official. The consistent with AmeriCorps*VISTA 1973, as amended, and 45 CFR part project will be continued for one year program priorities and the Corporation 1206, subpart B. Such applications will subject to the availability of funds. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7175 5. Corporation State Office staff will development as AmeriCorps*VISTA The project approval process outlined send to AmeriCorps*VISTA projects. AmeriCorps*VISTA below is to be followed for all Headquarters a copy of the approved Headquarters staff will notify Cluster AmeriCorps*VISTA national project application and a copy of the Directors in writing of its decisions and demonstration projects seeking renewal. Corporation State Director’s letter to the establish a time-frame for submission of 1. At least 120 calendar days prior to sponsor. The official project document completed applications to Corporation the end of the current Memorandum of file will be retained in the Corporation State Offices. The Corporation State Agreement, AmeriCorps*VITA State Office. Office staff shall notify all organizations Headquarters staff will send out a 6. If the Corporation State Director which have submitted a concept paper renewal package. In addition to an disapproves the renewal project of Headquarters’ decisions. application form, the package should application, the sponsor will be notified 4. Corporation State Office staff shall include any programmatic by the Corporation State Director at least provide AmeriCorps*VISTA project recommendations which Headquarters 75 calendar days in advance of the end applications to organizations with believes are needed to improve the of the current project period that the approved concept papers and follow quality of the project based on Corporation for National Service intends procedures for new sponsor information gleaned during site visits, to deny the application of renewal. The development at the State level from project progress reports, from sponsor will be given reasons for the contained in Part III, A2 above. In this discussions with project staff at national tentative decisions and an opportunity process, the approved concept paper and local levels, from discussions with to show cause why the application takes the place of the pre-application AmeriCorps*VISTA members, and from should not be denied in accordance form. recommendations received from with section 412 of the Domestic 5. Renewal applications from Corporation State Offices regarding local Volunteer Service Act of 1973, and 45 competitively-selected projects will components. 2. At least 90 calendar days prior to CFR part 1206, Subpart B. The project follow the procedures set forth in III B the end of the current Memorandum of will be continued at its existing level of above. AmeriCorps*VISTA member and project Agreement, the sponsoring organization support pending a final decision in D. Project Approval Process for New submits the renewal project application accordance with 45 CFR part 1206, AmeriCorps*VISTA National to AmeriCorps*VISTA Headquarters. subpart B. Demonstration Projects 3. Upon receipt of the renewal 7. If the final decision denies project application, Headquarters staff will 1. Applications for national renewal, AmeriCorps*VISTA whose provide a copy of the application to demonstration projects will be terms of service extend beyond the appropriate Corporation State Offices generated by AmeriCorps*VISTA project’s expiration date are covered by for review and comment. Headquarters staff which will arrange the provisions of 45 CFR 1210.3–2(d). 4. Within 15 working days of receipt for technical assistance to be provided of the national demonstration renewal C. Project Approval Process for Inter- to potential sponsors. application, Corporation State Office Cluster Competitive Slots 2. In addition to being reviewed by staff will review and submit written 1. Upon receiving program priorities, AmeriCorps*VISTA Headquarters staff, comments on project components guidance, and timeframes from applications will be made available to within their jurisdiction. AmeriCorps*VISTA Headquarters, those Corporation State Offices having 5. Headquarters staff will complete Corporation field offices will develop a components of proposed national their review of renewal applications strategy for programming and soliciting demonstrations operating in their State. within 20 working days of receipt, or at concept papers from qualified Corporation State Office staff will be least 75 calendar days prior to the end application organizations. asked to review such applications and of the current Memorandum of AmeriCorps*VISTA Project to provide AmeriCorps*VISTA Agreement. The review will include a Applications which are currently under Headquarters with the results of their compliance review of development may also be considered for review focusing on components AmeriCorps*VISTA regulations and competition through the submission of proposed for operation in their State. program criteria, as well as a review of a concept paper. Application 3. The Director of AmeriCorps*VISTA progress being made toward organizations will be notified that their has approval authority for new national achievement of capacity building and concept papers are being entered into an demonstration projects. Upon approval self-sufficiency goals. inter-Cluster competitive process. of a demonstration project, the Director 6. If the renewal proposal is approved, (Corporation Clusters represent a group of AmeriCorps*VISTA will take the Director of AmeriCorps*VISTA will of Corporation State Offices.) appropriate action to operationalize the send an approval letter to the sponsor 2. Each Cluster Director shall appoint project including coordination with along with a new Memorandum of a review panel comprised of Corporation State Offices having Agreement prepared and signed by the Corporation State Directors/Program components within their jurisdiction. Director. The project will be continued Specialists with the Cluster Director for one year subject to the availability of E. Project Approval Process for Existing serving as chair. The panel shall review funds. The Director will take all other AmeriCorps*VISTA National and prioritize all concept papers, appropriate administrative action to Demonstration Projects according to the selection criteria maintain the operational status of the contained in Part II above. The Cluster Projects will be reviewed at the time project. Director shall submit all concept papers of their renewal request to determine 7. If the Direct of AmeriCorps*VISTA to the Director, AmeriCorps*VISTA, the extent to which approved work plan disapproves the renewal project along with a written justification for its goals and objectives are being met, application, the sponsoring organization prioritized list. paying special attention to capacity will be notified by the Director at least 3. The Director, AmeriCorps*VISTA, building and project self-sufficiency 75 calendar days in advance of the end shall review all concept papers and goals as well as to AmeriCorps*VISTA of the current project period that the render a decision on which concept member retention and satisfaction with Corporation for National Service intends papers are approved for full the service experience. to deny the application for renewal. The 7176 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices sponsor will be given reasons for the Corporation State Director justifying the National Service Headquarters for reply tentative decision and an opportunity to requested increase. (even if initially addressed to show cause why the application should 2. The Corporation State Director will Corporation State or Cluster Office). not be denied in accordance with review the request within the context of Shirley Sagawa, section 412 of the Domestic Volunteer the Corporation State Office’s approved Executive Vice President and Executive Service Act of 1973, as amended, and 45 Annual Plan and render a decision Director. CFR, part 1206, subpart B. The project within 15 working days of receipt. The [FR Doc. 95–3005 Filed 2–6–95; 8:45 am] will be continued at its existing level of Corporation State Director will notify BILLING CODE 6050±28±M AmeriCorps*VISTA volunteer and the sponsor of the decision in writing project support pending a final decision and provide a copy of the decision to in accordance with 45 CFR part 1206, AmeriCorps*VISTA Headquarters. For DEPARTMENT OF DEFENSE subpart B. approved requests, the Corporation 8. Where a final decision denies State Director will amend the current Office of the Secretary project renewal, AmeriCorps*VISTA Memorandum of Agreement and submit members whose terms of service extend a request to increase the number of Second Annual National Security beyond the project’s expiration date are AmeriCorps*VISTA members to the Education Program (NSEP) covered by the provisions of 45 CFR Governor or other Chief Executive Institutional Grants Competition 1210.3–2(d). Officer of the State/jurisdiction prior to AGENCY: Department of Defense, placement of additional volunteers on F. Extensions of Current National Security Education Program the project. (NSEP). AmeriCorps*VISTA Projects 3. Denial of a request to increase the In certain circumstances, current number of AmeriCorps*VISTA members ACTION: Notice. AmeriCorps*VISTA sponsors may wish on an approved project is not subject to SUMMARY: The NSEP announces the to extend previously approved projects denial of refunding procedures opening of its Second Annual for up to six months in order to allow contained in Section 412 of the Competition for Grants to U.S. already assigned AmeriCorps*VISTAs Domestic Volunteer Service Act of 1973, Institutions of Higher Education. to complete their terms of service, and/ as amended, and 45 CFR part 1206, DATES: Grant solicitations (applications) or to conclude activities designed to subpart B. will be available beginning Monday, complete the capacity building and/or H. Intergovernmental Review of March 6, 1995. Preliminary Proposals self-sufficiency goals of the project prior are due Friday, April 21, 1995. to the time AmeriCorps*VISTA AmeriCorps*VISTA Projects ADDRESSES: resources are withdrawn. Agencies and organizations Request copies of the In such instances, the submitting new or renewal solicitation (application) from NSEP, AmeriCorps*VISTA sponsor will send AmeriCorps*VISTA project applications Institutional Grants, Rosslyn P.O. Box to the Corporation State Office, at least must comply with the provisions of 20010, 1101 Wilson Blvd., Suite 1210, 60 days prior to the end of the current Executive Order 12372, the Arlington, VA 22209–2248, by FAX to project period, a detailed justification, ‘‘Intergovernmental Review of Federal (703) 696–5667, or via INTERNET: along with Section III of the Programs and Activities’’ as set forth in [email protected] AmeriCorps*VISTA Project Application 45 CFR part 1233. Corporation State FOR FURTHER INFORMATION CONTACT: form, describing the activities to be Office staff will provide applicant Mr. Steven R. Dorr, (703) 696–1991. performed during the extension period. organizations with technical assistance Dated: February 1, 1995. The Corporation State Director will regarding this requirement. Patricia L. Toppings, review the project extension request and I. Governor’s Approval of Alternate OSD Federal Register Liaison make a determination to approve or Officer, Department of Defense. AmeriCorps*VISTA Projects disapprove the request within 15 [FR Doc. 95–2918 Filed 2–6–95; 8:45 am] working days of receipt. No AmeriCorps*VISTA members may BILLING CODE 5000±04±M The Corporation State Director will be assigned to serve in a program or take all necessary action to implement project in any community until the an approval decision including Governor or other Chief Executive Defense Intelligence Agency, Scientific extension of the current Memorandum Officer of the state has been given 45 Advisory Board Panel Closed Meeting of Agreement. The Corporation State days within which to review the Director will forward a copy of the application for such program or project AGENCY: Department of Defense, Defense extension material to and disapprove, in writing, the Intelligence Agency. AmeriCorps*VISTA Headquarters. proposed submission. ACTION: Notice. Denial of project extension requests of Governor’s approval must be sought SUMMARY: Pursuant to the provisions of six months or less are not subject to by the Corporation State Director for all Subsection (d) of Section 10 of Public denial of refunding procedures new AmeriCorps*VISTA projects as Law 92–463, as amended by Section 5 contained in section 412 of the well as for ongoing projects which are of Public Law 94–409, notice is hereby Domestic Volunteer Service Act of 1973, requesting an increase in members or given that a closed meeting of the DIA as amended, and 45 CFR part 1206, substantially changing Scientific Advisory Board has been subpart B. AmeriCorps*VISTA activities. scheduled as follows: G. Increases in Approved Levels of J. Freedom of Information Act Requests DATES: March 15, 1995 (830–400). AmeriCorps*VISTA Volunteers Related to AmeriCorps*VISTA Project ADDRESSES: The Defense Intelligence 1. Existing AmeriCorps*VISTA Reviews Agency, Bolling AFB, Washington, D.C. projects seeking to increase the number All Freedom of Information Act 20340–5100. of AmeriCorps*VISTAs from their (FOIA) requests generated by the project FOR FURTHER INFORMATION CONTACT: previously approved level must submit review process shall be directed to the Dr. W.S. Williamson, Executive their request in writing to the FOIA Office in the Corporation for Secretary, DIA Scientific Advisory Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7177 Board, Washington, D.C. 20340–1328, ADDRESSES: Written comments should Responses: 53. (202) 373–4930. be addressed to the Office of Burden Hours: 25,440. SUPPLEMENTARY INFORMATION: The entire Information and Regulatory Affairs, Recordkeepers Burden: meeting is devoted to the discussion of Attention: Dan Chenok, Desk Officer, Recordkeepers: 0. classified information as defined in Department of Education, Office of Burden Hours: 0. Section 552b(c)(I), Title 5 of the U.S. Management and Budget, 725 17th Abstract: To receive Title I, Part A Code and therefore will be closed to the Street NW., Room 3208, New Executive funds, the SEA must develop and public. The Board will receive briefings Office Building, Washington, DC 20503. submit a State plan to the Department on and discuss several current critical Requests for copies of the proposed for peer review. The Department will intelligence issues and advise the information collection request should be use the information for program Director, DIA, on related scientific and addressed to Patrick J. Sherrill, management and to update their plans technical matters. Department of Education, 400 Maryland to reflect changes in the State’s programs and strategies. Dated: February 1, 1995. Avenue, SW., Room 5624, Regional Office Building 3, Washington, DC Additional Information: Clerance for Patricia L. Toppings, 20202–4651. this information collection is Alternate OSD Federal Register Liaison requested for February 15, 1995. In Officer, Department of Defense. FOR FURTHER INFORMATION CONTACT: Patrick J. Sherrill, (202) 708–9915. order to give the States sufficient time [FR Doc. 95–2919 Filed 2–6–95; 8:45 am] Individuals who use a to prepare plans/applications, the BILLING CODE 5000±04±M telecommunications device for the deaf applications need to be mailed to the (TDD) may call the Federal Information SEAs by mid-February. OMB approval is needed as soon as possible to allow Department of the Air Force Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern time, time for revisions or reproductions. USAF Scientific Advisory Board Monday through Friday. [FR Doc. 95–2881 Filed 2–6–95; 8:45 am] Meeting SUPPLEMENTARY INFORMATION: Section of BILLING CODE 4000±01±M 3517 of the Paperwork Reduction Act of The Geophysics Panel of the USAF 1980 (44 U.S.C. Chapter 3517) requires Scientific Advisory Board will meet on that the Director of OMB provide DEPARTMENT OF ENERGY 6–10 March 1995 at Hanscom AFB, interested Federal agencies and persons Massachusetts from 8:00 a.m. to 5:00 an early opportunity to comment on Hot Dry Rock Geothermal Energy p.m. information collection requests. OMB Systems; Development of a Plant To The purpose of the meeting will be to may amend or waive the requirement provide science and technology Produce and Market Electric Power or for public consultation to the extent that Thermal Energy assessments on geophysics related public participation in the approval issues. process would defeat the purpose of the AGENCY: Department of Energy (DOE), The meeting will be closed to the information collection,violate State or Albuquerque Operations Office (AL). public in accordance with Section 552b Federal law, or substantially interfere ACTION: Notice of issue of solicitation. of Title 5, United States Code, with any agency’s ability to perform its specifically subparagraphs (1) and (4) statutory obligations. SUMMARY: The DOE Albuquerque thereof. The Director, Information Resources Operations Office announces the issue For further information, contact the Group, publishes this notice with the of a competitive Solicitation Number Scientific Advisory Board Secretariat at attached proposed information DE–SC04–95AL98784 under DOE (703) 697–8404. collection request prior to submission of Financial Assistance Rules, 10 CFR Patsy J. Conner, this request to OMB. This notice 600.9, for Hot Dry Rock Geothermal Air Force Federal Register Liaison Officer. contains the following information: (1) Energy Systems Development of a Plant [FR Doc. 95–2954 Filed 2–6–95; 8:45 am] Type of review requested, e.g., to Produce and Market Electric Power or BILLING CODE 3910±01±P expedited; (2) Title; (3) Abstract; (4) Thermal Energy. Additional Information; (5) Frequency FOR FURTHER INFORMATION CONTACT: U.S. of collection; (6) Affected public; and (7) Department of Energy, Albuquerque DEPARTMENT OF EDUCATION Reporting and/or Recordkeeping Operations Office, P.L. Box 5400, Burden. Because an expedited review is Albuquerque, NM 87185–5400, Attn: Notice of Proposed Information requested, a description of the Ms. M. Laurene Dubuque, Contracts and Collection Requests information to be collected is also Procurement Division, Telephone AGENCY: Department of Education. included as an attachment to this notice. Number: (505) 845–4301, Fax Number: (505) 845–4004. ACTION: Notice of proposed information Dated: February 1, 1995. A copy of the solicitation can be collection requests. Gloria Parker, obtained by contacting Ms. Dubuque at Director, Information Resources Group. SUMMARY: The Director, Information the above address, telephone, or fax Resources Group, invites comments on Office of Elementary and Secondary number(s). Applicants who have proposed information collection Education previously requested copies of this solicitation are currently on the mailing requests as required by the Paperwork Type of Review: Expedited. Reduction Act of 1980. Title: State Plan Instructions for Title I, list and have been furnished a copy of DATES: An expedited review has been Part A, Improving Basic Programs the solicitation. requested in accordance with the Act, Operated by Local Educational SUPPLEMENTARY INFORMATION: This since allowing for the normal review Agencies. competitive solicitation is seeking period would adversely affect the public Frequency: Annually. industrial partners to participate in a interest. Approval by the Office of Affected Public: State, Local or Tribal 50/50 cost-shared, industry-led project Management and Budget (OMB) has Government. to develop and operate a prototype plant been requested by February 15, 1995. Reporting Burden: to produce and market electric power or 7178 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices heat generated from geothermal energy Financial Assistance; Industrial ultimate commercialization of the in hot dry rock. One award is Heating Equipment Research Program proposed technology. anticipated to be made for a multi- AGENCY: Department of Energy. Each research project will consist of staged, multi-year cooperative up to three phases: Phase I, R&D agreement, requiring a team composed ACTION: Notice of Availability of a Federal Assistance Solicitation for Definition; Phase II, Development; and of a resource owner, developer, Phase III, Demonstration Testing and operator, and customer for the energy. Cooperative Agreement Proposals (FASCAP). Commercialization Planning. If one or DOE anticipates that $1,500,000 will be more of the initial phases or their available for the support of activities SUMMARY: The U.S. Department of subparts has already been performed, during the first year of the project with Energy (DOE), pursuant to the DOE the applicant may propose a project for future annual budget allocations ranging Financial Assistance Rule, 10 CFR only the uncompleted phases; however, from $1,500,000 to $8,000,000. The 600.9, announces the availability of a the proposal must fully document and funding does not include the applicant’s solicitation, FASCAP No. DE–PS02– demonstrate that the previous phase(s) cost share. 95CE41122, for the Industrial Heating have been successfully completed. The Background Equipment Research Program. estimated DOE funding for GFYs 1995 FOR FURTHER INFORMATION CONTACT: and 1996 is $725,000. A minimum of 20 Geothermal energy is found at depths Susan Borthwick, U.S. Department of percent cost sharing (non-federal) is everywhere in the world in the form of Energy, Chicago Operations, 9800 S. required for Phases I and II and 50 heat stored in rock which is not but Cass Avenue, Argonne, IL 60439, (708) percent for phase III of the project. The essentially dry. Advanced technology to 252–2377. resultant agreement will be managed by extract the geothermal energy from this SUPPLEMENTARY INFORMATION: The U.S. the DOE, Chicago Operations Office. hot dry rock has been under Department of Energy (DOE) plans to The period of performance may vary, development for over 20 years. The issue a Federal Assistance Solicitation depending on the project, from one to technology entails circulating water for Cooperative Agreement Proposals six years. Proposals will be due by April through a man-made geothermal (FASCAP), February 27, 1995, for the 17, 1995. If you are interested in reservoir to extract thermal energy and Industrial Hearing Equipment Research receiving the FASCAP, contact Susan bring it to the surface for recovery and Program. The program has the following Borthwick at the above address or use. Several studies have estimated that objectives: (1) To improve industrial phone number, or Dorothy Pitts at (708) geothermal energy from hot dry rock energy use efficiency and productivity 252–2501. All responsible sources may could be used to produce electricity at in heating and combustion for process submit a proposal which will be costs of $0.05–0.07 per kWh at heat by at least 20%; (2) to improve and considered. numerous high gradient locations increase the use of waste-source fuels; located in the western United States and The solicitation is subject to the (3) to reduce the national environmental Energy Policy Act, P.L. 102–486, 42 overseas, there appear to be no technical impacts of industrial wastes that results impediments to the commercialization U.S.C. 13525. Section 2306 imposes from less efficient production and eligibility requirements on companies of hot dry rock technology. delivery of process heat; and (4) to On September 14, 1993, DOE/AL seeking financial assistance under titles lower the industrial production costs issued a Notice of Program Interest to XX through XXIII of the Act. A company and improve the competitive position of obtain a preliminary indication of shall be eligible to receive financial U.S. industry relative to foreign-based interest by private and non-federal assistance under titles XX through XXIII industry. of the Act only if the Secretary finds public organizations in cost-sharing a The areas of interest of the project to develop and operate a that the company’s participation in any Solicitation are centered on four main program under such titles would be in demonstration plant to generate and targeted areas that economically market electric power or heat from hot the economic interest of the United conserve energy while minimizing or States, as evidenced by investments in dry rock geothermal energy. On reducing waste materials. They are (1) September 7, 1994, a Commerce the United States in research, optimization of heat transfer to furnace development, and manufacturing Business Daily announcement was loads, (2) development of adjustable co- published for the intent to issue a (including, for example, the fired combustors/combustion chambers manufacture of major components or solicitation. DOE/AL received responses for converting industrial waste to from a number of diverse organizations subassemblies in the United States); process heat or electric power, (3) significant contributions of employment which constitute the initial mailing list development of low-cost combustion for the solicitation. On the basis of this in the United States; an agreement with controls for improving efficiency of respect to any technology arising from expressed interest, the solicitation was multi-burner boilers and industrial issued December 28, 1994 with a closing assistance provided under this section furnaces, and (4) high temperature to promote the manufacture within the date of March 28, 1995 for receipt of (Order of 2000 °F) particulate removal applications. United States of products resulting from system for application to solid-fueled that technology (taking into account the Purpose gas turbines. The work covered by the goals of promoting the competitiveness Solicitation is expected to be applicable This notice is issued to announce the of United States industry), and to to the industries that are high issue of hot dry rock geothermal energy procure parts and materials from consumers of hearing fuel. Applicants systems solicitation. competitive suppliers. must demonstrate that the proposed Issued in Albuquerque, New Mexico on technology can economically Issued in Chicago, Illinois on January 27, January 26, 1995. accomplish more energy efficient and 1995. Richard A. Marquez, environmentally acceptable production, Timothy S. Crawford, Assistant Manager for Management and that the proposed technology, if Assistant Manager for Human Resources and Administration. implemented, can result in 20 percent Administration. [FR Doc. 94–3021 Filed 2–66–94; 8:45 am] energy efficiency, and that DOE funding [FR Doc. 95–3022 Filed 2–6–94; 8:45 am] BILLING CODE 6450±01±M is necessary for development and BILLING CODE 6450±01±M Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7179 Intergovernmental Panel on Climate Nations Environment Programme and Issued in Washington, DC on February 2, Change, Working Group III the World Meteorological Organization 1995. to conduct periodic assessments of the Abraham E. Haspel, AGENCY: Office of Policy, DOE. state of knowledge concerning global Deputy Assistant Secretary for Economic and ACTION: Notice of availability of draft climate change. The IPCC has formed Environmental Policy, Office of Policy. report and request for comment. working groups to study various aspects [FR Doc. 95–3011 Filed 2–6–95; 8:45 am] of climate change. Working Group I BILLING CODE 6450±01±P SUMMARY: Working Group III of the Intergovernmental Panel on Climate addresses the state of the science; Change (IPCC) has prepared a draft 1995 Working Group II addresses vulnerability, impacts and adaptation Metal Casting Industrial Advisory Assessment of Economic and Cross- Board cutting Issues. The IPCC Secretariat and mitigation strategies; and Working Group III addresses economics and requires comments on this report from AGENCY: Department of Energy. cross-cutting issues associated with national governments by March 13, ACTION: Notice of public meeting. 1995, so that the Secretariat can meet its climate change. Like the other working groups, Working Group III is charged obligations to member governments of SUMMARY: Pursuant to the provisions of the IPCC. The U.S. Government received with issuing periodic assessment the Federal Advisory Committee Act a copy for formal government comment reports. The first Scientific Assessment (Public Law 92–463, 86 Stat. 770), on January 20, 1995. The Department of of Climate Change, for example, was notice is hereby given of the Metal Energy, on behalf of the U.S. Global published in June 1990. Periodic Casting Industrial Advisory Board Change Research Program (USGCRP), is assessment reports such as this provide meeting. responsible for coordinating and a comprehensive statement of the state of knowledge concerning such topics as DATES: February 28, 1995, 8:00 am–5:30 preparing the comments of the United pm; March 1, 1995, 8:00 am–12:00 pm. States Government. Through today’s scientific information, environmental ADDRESSES: Bay Valley Resort Hotel, notice, DOE is announcing the impacts, response strategies, economics, 2470 Old Bridge Road, Bay City, availability of the draft 1995 and cross-cutting issues concerning Michigan 48706. Assessment, and requesting public climate change. The draft 1995 comments on this report. These Assessment represents the result of FOR FURTHER INFORMATION CONTACT: comments will be reviewed and Working Group III’s efforts since its Douglas E. Kaempf, Program Manager, incorporated, as appropriate, in the inception to address economics and Department of Energy, Office of official U.S. comments to the IPCC. cross-cutting issues. Industrial Technologies (EE–23), 1000 Independence Ave. S.W., Washington, DATES: Written comments (five copies, II. Public Input Process and if possible on a 3 1/2′′ floppy D.C. 20585, (202) 586–5264, Fax: (202) diskette in either Microsoft Word or The IPCC Secretariat requires 586–3180. WordPerfect format) on the draft 1995 comments by March 13, 1995, so that it SUPPLEMENTARY INFORMATION: Purpose of Assessment should be submitted on or can meet its obligations to member the Committee: The Metal Casting before February 21, 1995. DOE does not governments for a timely completion of Industrial Advisory Board serves to anticipate extending this deadline the 1995 IPCC assessment. The provide guidance and oversight of because the IPCC requires input by Department of Energy, on behalf of the research programs provided under the March 13, 1995. USGCRP, is responsible for preparing Metal Casting Competitiveness Research ADDRESSES: Comments should be these comments, and through this notice Program and to recommend to the submitted either by mailing to: IPCC is seeking public views which will be Secretary of Energy new or revised WG III Comments, Office of the U.S. incorporated, as appropriate, in the program activities and Metal Casting Global Change Research Program, 300 D official U.S. comments. Because of the Research Priorities. Street, SW., Suite 840, Washington, DC short review time provided by the IPCC Tentative Agenda 20024, or by E-mail in ASCII format on Secretariat and the need to provide time Internet to: for review of the public comments and February 28, 1995 ‘‘[email protected]’’. development of the official U.S. 8:00 a.m. Welcome and Instructions, A copy of the draft 1995 Assessment comments on the draft document, Douglas Kaempf public comments must be received on or 8:30 a.m. Presentations of the FY 94 can be obtained by: (1) telephone selected projects research activities and request to Ms. Susan Henson at (202) before February 21, 1995. management plans (30 minutes each): 651–8240, (2) sending E-mail on University of Alabama—Tuscaloosa, Tom Internet to ‘‘[email protected]’’, (3) III. Request for Submission of Public Comments Piwonka faxing a request to (202) 554–6715, (4) Ohio State University/Worcester sending a letter to the USGCRP Office Interested persons are invited to Polytechnic Institute, Allen Miller directed to Ms. Henson, or (5) direct Ohio State University/ Case Western submit comments on the draft 1995 Reserve University pick-up at the USGCRP office at the Assessment. Five copies should be address shown above. Idaho State University, K.L. Moore submitted to the address indicated in 10:30 a.m. Break FOR FURTHER INFORMATION CONTACT: Ed the ADDRESSES section, and must be 10:45 a.m. Continue presentations of the FY Watts, Office of Global Environment, received by the date indicated in the 94 selected projects research activities U.S. Department of Energy at (202) 586– DATES section of this notice. All written and management plans (30 minutes 8436. comments received from the public will each): Texas A&M University, Malur Srinivasan SUPPLEMENTARY INFORMATION: be available for public inspection in the DOE Freedom of Information Office University of Alabama—Birmingham, I. Background Charles Bates Reading Room, which is located in 11:45 a.m. Lunch The Intergovernmental Panel on Room 1E–090 of the DOE Forrestal 1:00 p.m. Presentations of selected metal Climate Change (IPCC) was jointly Building, 1000 Independence Ave, SW., casting research activities and established in 1988 by the United Washington, DC 20585. management plans (30 minutes each): 7180 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Pennsylvania State University/University Notice of Additional Public Meeting Office, Federal Building, 1301 Clay of Missouri-Rolla, Robert Voigt and Request for Comment on a Draft Street, Room 1070N (10th Floor), American Foundrymen’s Society, TBD Outline for a Technical Study Oakland, CA, 94612 (510) 637–1762. Michigan Technological University, Concerning the National Ignition For further information concerning Richard Tieder Facility and the Issue of public participation, see the University of Wisconsin-Milwaukee, Nonproliferation ‘‘Opportunity For Public Comment’’ Pradeep Rohatgi section of this notice. 3:00 p.m. Break AGENCY: Department of Energy. SUPPLEMENTARY INFORMATION: 3:15 p.m. Presentations of other Federally ACTION: Notice of additional public NIF and Funded Metal Casting Research meeting and request for comment. its potential impact on the Programs (20 minutes each): nonproliferation of nuclear weapons NIST, Robert Schaefer SUMMARY: The Department of Energy was an issue which was raised at the NSF, Bruce Kramer (DOE) held a workshop on September 8, September 8, 1994, NIF public DOD/Air Force, Tom Broderick 1994, to begin a dialogue with the workshop held in Washington, DC. As DOD/Army, Al Gonsiska public concerning issues arising from a result of this meeting, DOE has DOD/Navy, TBD building and operating the National prepared an outline for a technical EM, TBD Ignition Facility (NIF). Two public study of this issue. The purpose of the DP, TBD meetings held on January 24, 1995, in public meetings is to seek the comments 5:30 p.m. Adjournment Oakland, CA, and on January 30, 1995, of the public on the outline for the March 1, 1995 in Washington, DC, continued this technical study and to ensure that the 8:00 a.m. Welcome dialogue, focusing on a draft outline for issues the Department plans to address 9:00 a.m. Status of metal casting industry a technical study that DOE is writing in this study are comprehensive. As vision by metal casting coalition, Dan concerning the NIF and the issue of such, DOE is soliciting the public to Twarog nonproliferation. Today’s notice is to provide oral statements concerning the 10:00 a.m. Break announce that DOE is adding an outline at public meetings and/or to 10:15 a.m. Panel Discussion—Technology additional public meeting in Livermore, provide written comments. Addresses, Advances & Opportunities in the CA, on the draft outline for the study National Laboratories: dates and times are provided at the and extending the written comment Argonne, Henry Domanus beginning of this notice. period. DOE is requesting both oral and Idaho, Marty Sorensen Draft Outline Lawrence Livermore, Al Lingenfelter written comments on the outline for the Los Alamos, Billy Hogan technical study. The working title that DOE is using is, Oak Ridge, Peter Angelini DATES: Written comments (11 copies) ‘‘The National Ignition Facility and its Sandia, Frank Zanner are requested to be received by DOE on Potential Impact on the 12:00 p.m. Adjournment or before March 16, 1995. Oral views Nonproliferation of Nuclear Weapons.’’ A final agenda will be available at the and data may be presented at an The outline that DOE is proposing to meeting. additional public meeting to be held in use for the technical study is: Livermore, CA, on March 9, 1995, I. Introduction Public Participation: The meeting is beginning at 1:30 p.m. and concluding • open to the public. The Chairperson of at 9:00 p.m. with a break for dinner from Thermonuclear weapons —fusion secondaries the Board is empowered to conduct the 4:30–6:30 p.m. The length of each oral • meeting to facilitate the orderly conduct Controlled thermonuclear reactions presentation is limited to 10 minutes. —inertially-confined fusion of business. Any member of the public ADDRESSES: All written comments (11 —ignition and burn who wished to make oral statements copies) and requests to speak at the pertaining to the agenda items should public meeting should be addressed to II. The National Ignition Facility contact Douglas E. Kaempf at the U.S. Department of Energy, NN–40, • Overview • address or telephone number listed 1000 Independence Avenue, SW, How NIF differs from above. Requests must be received at Washington, DC, 20585, (202) 586–3012. —magnetic confinement least 5 days prior to the meeting and —its predecessors, NOVA, etc., and similar In the event any person wishing to facilities in the U.S. and other countries reasonable provisions will be made to submit a written comment cannot include the presentation on the agenda. provide eleven copies, alternate III. Fusion Science and High-Energy-Density Written statements may be filed with arrangements can be made in advance Physics the Committee either before or after the by calling the phone number referenced • What important science can be learned at meeting. above. NIF? • How is it learned? Transcript: Available for public The public meeting be held at the • following location: Research Drive What may NIF do that couldn’t be done review and copying at the Freedom of before? Information Public Reading Room, Conference Center, Room One, 2140 • What do scientists want to do? Room 1E–190, Forrestal Building, 1000 Research Drive, Livermore, CA. —how does this differ from nuclear Independence Avenue, S.W., Copies of the public meeting weapons science? Washington, D.C. between 9:00 AM and transcripts and written comments IV. Horizontal Proliferation 4:00 PM, Monday through Friday, received may be read and photocopied • except Federal holidays. at DOE Freedom of Information Reading What could proliferators learn by Room, U.S. Department of Energy, Room —access to NIF or comparable facilities? Issued at Washington, D.C. on February 2, 1E–190, 1000 Independence Avenue, —access to unclassified NIF data and 1995. reports? SW, Washington, DC, 20585, (202) 586– • Gail Cephas, What could proliferators do with this 6020, between the hours of 9:00 a.m. information? Acting Deputy Advisory Committee, and 4:00 p.m. Monday through Friday • How can this information be kept from Management Officer. except Federal holidays. These proliferators? [FR Doc. 95–3009 Filed 2–6–95; 8:45 am] documents may also be read during the —classification/declassification issues BILLING CODE 6450±01±P same hours at DOE Oakland Operations —access/experimental program control Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7181 • Alternate paths to the same or equivalent Southeastern Power Administration SUPPLEMENTARY INFORMATION: information (or what could/could not be done without this kind of information?) Proposed Rate Extension, Public Discussion • Other country plans for ICC Hearing, and Opportunities for Public Existing rate schedules are supported V. Vertical Proliferation Review and Comment by an August 1993 Repayment Study • What could U.S. weapons designers do AGENCY: Southeastern Power and other supporting data contained in with NIF data? Administration (Southeastern), FERC Docket EF94–3031–000. A —impact on advanced designs Department of Energy. repayment study prepared in January —ability to address stockpile problems 1995 shows that the existing rates are • ACTION: Notice of proposed rate adequate to meet repayment criteria. Plans for ICF research in other nuclear extension for the Jim Woodruff Project, weapons states Approval of existing rate schedules JW– notice of public hearing and 1–D and JW–2–B expires September 19, Opportunity for Public Comment opportunities for review and comment. 1995. Southeastern is proposing to A. Written Comment Procedures SUMMARY: Southeastern proposes to extend existing rate schedules for five extend Wholesale Power Rate Schedules years, to September 19, 2000. In Interested persons and organizations JW–1–D and JW–2–B for a five year developing the rate extension, are invited to participate by submitting period from September 20, 1995 to Southeastern considered revenue data and views with respect to the September 19, 2000. Rate schedule JW– requirements as determined by the proposed outline and issues addressed 1–D is applicable to Southeastern power January 1995 system repayment studies. by the technical study. sold to existing preference customers in The studies are available for Written comments (11 copies) should the Florida Power Corporation Service examination at the Samuel Elbert be identified on the envelope and on the area. Rate schedule JW–2–B is Building, Elberton, Georgia 30635, as is documents themselves with the applicable to Florida Power the 1993 repayment study and the designation ‘‘NIF & Nonproliferation’’ Corporation. proposed Rate Schedules. and should be received by the date Opportunities will be available for Issued in Elberton, Georgia, January 23, specified at the beginning of this notice. interested persons to review the present 1995. rates, the supporting studies, and to John A. McAllister, Jr., B. Public Meeting Procedures participate in a hearing and to submit Administrator. DOE will hold an additional public written comments. Southeastern will [FR Doc. 95–3010 Filed 2–6–95; 8:45 am] meeting on the outline and issues evaluate all comments received in this BILLING CODE 6450±01±M addressed above. The additional public process. meeting will be held on the date and at DATES: Written comments are due on or the location indicated at the beginning before May 12, 1995. A public Federal Energy Regulatory of this notice. A request to speak at the information and public comment forum Commission public meeting should be addressed to will he held in Tallahassee, Florida, on the address or phone number indicated March 23, 1995. Persons desiring to [Docket No. ER94±1297±000, et al.] at the beginning of this notice. The speak at the forum must notify person should provide a phone number Southeastern at least 7 days before the Black Creek Hydro, Inc., et al.; Electric where he or she may be contacted forum is scheduled so that a list of Rate and Corporate Regulation Filings during the day. Persons will be notified forum participants can be prepared. January 27, 1995. as to the approximate time they will be Others present may speak if time speaking. The length of each permits. Persons desiring to attend the Take notice that the following filings presentation will be limited to 10 forum should notify Southeastern at have been made with the Commission: least 7 days before the forum is minutes or based on the number of 1. Black Creek Hydro, Inc. persons requesting an opportunity to scheduled. If Southeastern has not been speak. notified by close of business on March [Docket No. ER94–1297–000] 16, 1995, that at least one person A DOE official will preside at the Take notice that on January 19, 1995, intends to be present at the forum, the public meeting. The additional public Black Creek Hydro, Inc. (Black Creek) forum will be automatically canceled meeting will be another opportunity for tendered for filing an Agreement for with no further notice. the public to provide DOE with its Power Sale (Agreement) between Black comments concerning the outline and ADDRESSES: Five copies of written Creek and Washington Water Power issues to be addressed by the technical comments should be submitted to: Company (WWP), dated October 20, study. A transcript of these meetings Administrator, Southeastern Power 1994. The Agreement provides for the will be made and will be retained by Administration, Department of Energy, sale by Black Creek to WWP of the total DOE and made available for inspection Samuel Elbert Building, Elberton, energy produced by the Black Creek at DOE Freedom of Information Reading Georgia 30635. The public comment Hydroelectric Project, located in King Room and DOE Oakland Operations forum will begin at 10 a.m. on March County, Washington. 23, 1995, in the Holiday Inn Capitol Office at the address indicated at the Black Creek has requested an effective beginning of this notice. Plaza, 101 South Adams Street, Tallahassee, Florida 32303. date of January 19, 1995 for the Issued in Washington, DC, on February 1, Agreement, and is requesting waiver of FOR FURTHER INFORMATION CONTACT: 1995. the 60 day notice period. Leon Jourolmon, Assistant Kenneth N. Luongo, Administrator, Finance and Marketing Copies of the filing were served on Director, Office of Arms Control and Division, Southeastern Power WWP. Nonproliferation. Administration, Department of Energy, Comment date: February 10, 1995, in [FR Doc. 95–3008 Filed 2–6–95; 8:45 am] Samuel Elbert Building, Elberton, accordance with Standard Paragraph E BILLING CODE 6450±01±M Georgia 30635, (706) 213–3800. at the end of this notice. 7182 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 2. Montana-Dakota Utilities Co., a Company (BHC) on January 17, 1995, Company and the New York State division of MDU Resources Group, Inc. tendered for filing a Power Integration Public Service Commission. [Docket No. ER95–269–000] Agreement, dated September 9, 1994 Comment date: February 10, 1995, in (Power Agreement), entered into accordance with Standard Paragraph E Take notice that on January 17, 1995, between BHC and Montana-Dakota at the end of this notice. Montana-Dakota Utilities Co., a division Utilities Co., a division of MDU of MDU Resources Group, Inc. 8. The Empire District Electric Co. Resources Group, Inc. (MDU). BHC also (Montana-Dakota) tendered for filing an submitted a Construction, Ownership [Docket No. ER95–446–000] amendment to its original filing in this and Operation Agreement, dated Take notice that The Empire District docket. Comment date: February 10, 1995, in September 9, 1994 (CT Agreement) Electric Company (EDE) on January 17, accordance with Standard Paragraph E entered into between BHC and MDU 1995, tendered for filing proposed at the end of this notice. and requests that either the CT changes in its Transmission Peaking Agreement be recognized as Service Contract between EDE and the 3. Southeastern Energy Resources, Inc. nonjurisdictional or, alternatively, be Kansas Electric Power Cooperative, Inc. [Docket No. ER95–385–000] accepted for filing. (KEPCo). Take notice that on January 19, 1995, The Power Agreement provides for This filing is to replace the Southeastern Energy Resources, Inc. the sale by BHC to MDU for a ten-year Transmission Peaking Service Contract tendered for filing an amendment to its period commencing January 1, 1997 of between KEPCo and EDE dated March January 4, 1995 filing in the above- electric power and energy for MDU’s 16, 1984. The peaking contract was referenced docket. service territory in and around revised to change effective and Comment date: February 10, 1995, in Sheridan, Wyoming. The CT Agreement termination dates and to allow for accordance with Standard Paragraph E provides for the operation, use and changes in contract capacity amounts. at the end of this notice. ownership by BHC and MDU of a The new contract does not change rate Combustion Turbine to be constructed schedules rates. 4. Gulf Power Co. at such time BHC’s resource planning Copies of the filing were served upon [Docket No. ER95–420–000] requires such turbine. the Arkansas Public Service Take notice that on January 12, 1995, Copies of the filing were provided to Commission, Kansas Corporation Gulf Power Company tendered for filing MDU, PacifiCorp, the South Dakota Commission, the Missouri Public supplemental agreements for West Public Utilities Commission, the Service Commission, Oklahoma Florida Electric Cooperative Association Wyoming Public Service Commission, Corporation Commission and KEPCo. at Pittman delivery point, which and the Montana Public Service Comment date: February 10, 1995, in receives transmission service under Commission. accordance with Standard Paragraph E Supplement No. 1 to FERC Rate Black Hills has requested that at the end of this notice. advance notice requirements of Part Schedule No. 82 (Service Schedule T of 9. Montaup Electric Co. the Gulf/AEC Interconnection 35.3 of the Commission’s Regulations be [Docket No. ER95–448–000] Agreement.) waived; that the Commission accept the Comment date: February 10, 1995, in Power Agreement for filing with an Take notice that on January 17, 1995, accordance with Standard Paragraph E effective date as of the acceptance, but Montaup Electric Company filed revised at the end of this notice. no later than January 1, 1997; and that tariff service agreements among the Commission either declare the CT Montaup and the retail affiliates to 5. PacifiCorp Agreement as nonjurisdictional or, which Montaup provides all [Docket No. ER95–442–000] alternatively, accept the CT Agreement requirements service: Eastern Edison Take notice that PacifiCorp on for filing with an effective date as of the Company in Massachusetts and January 17, 1995, PNW AC Intertie acceptance, but no later than January 1, Blackstone Valley Electric Company and Capacity Ownership Agreement 1997. Newport Electric Corporation in Rhode (Agreement) and Amendatory Comment date: February 10, 1995, in Island. This eliminates the difference in Agreement No. 1 to the Agreement accordance with Standard Paragraph E notice periods between the all (Amendment) between PacifiCorp and at the end of this notice. requirements and contract demand Bonneville Power Administration 7. Long Island Lighting Co. customers by extending the term of the (Bonneville). all requirements service agreements PacifiCorp requests a waiver of prior [Docket No. ER95–445–000] from December 31, 1997 through notice and that an effective date of Take notice that Long Island Lighting October 31, 2000. Montaup requests that January 1, 1995 be assigned to the Company (LILCO) on January 17, 1995, the filing be made effective on March Agreement and Amendment. tendered for filing an Amendment, 19, 1995. Copies of this filing were supplied to dated December 6, 1994 (the Comment date: February 10, 1995, in Bonneville, the Washington Utilities Amendment), to the July 1, 1981 System accordance with Standard Paragraph E and Transportation Commission and the Exchange Agreement between the at the end of this notice. Public Utility Commission of Oregon. Connecticut Light and Power Company 10. Montaup Electric Co. Comment date: February 10, 1995, in and Western Massachusetts Electric accordance with Standard Paragraph E Company (the Northeast Utilities [Docket No. ER95–449–000] at the end of this notice. Companies) and LILCO. Take notice that on January 17, 1995, LILCO has requested a waiver of the Montaup Electric Company filed a 6. Black Hills Corp. Commission’s prior notice and filing Supplement to the Memorandum of [Docket No. ER95–444–000] requirements to permit the Amendment Understanding (MOU) among Montaup Take notice that Black Hills to become effective as of one day after and the retail affiliates to which Corporation, which operates its electric it is filed with the Commission. Montaup provides all requirements utility business under the assumed Copies of this filing have been served service: Eastern Edison Company in name of Black Hills Power and Light by LILCO on Northeast Utilities Service Massachusetts and Blackstone Valley Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7183 Electric Company and Newport Electric capacity subject to cost based ceiling Commission and are available for public Corporation in Rhode Island. The MOU rates. The ceiling rate for energy is 100 inspection. was entered into on August 20, 1993 percent of the incremental energy cost Lois D. Cashell, and has been accepted for filing as part plus up to 10 percent of the SIC (where Secretary. of Montaup’s all requirements tariff in such 10 percent is limited to 1 mill per [FR Doc. 95–2980 Filed 2–6–95; 8:45 am] Docket No. ER94–1472–000. The KWhr when the SIC in the hour reflects Supplement to the MOU moves the a purchased power resource). The BILLING CODE 6717±01±P language in Section III(D) to a new ceiling rate for capacity sold by Con Section VI in order to clarify the intent Edison is $7.70 per megawatt hour. The of the MOU. Montaup requests that the ceiling rate for capacity sold by Citizens [Docket No. RP95±147±000] filing be made effective on March 19, will be the expected cost of Con 1995. Edison’s alternative source of similar Carnegie Interstate Pipeline Co.; Comment date: February 10, 1995, in power. Notice of Proposed Changes in FERC Gas Tariff accordance with Standard Paragraph E Con Edison states that a copy of this at the end of this notice. filing has been served by overnight February 1, 1995. delivery upon Citizens. 11. PECO Energy Co. Take notice that on January 30, 1995, [Docket No. ER95–450–000] Comment date: February 10, 1995, in Carnegie Interstate Pipeline Company Take notice that on January 18, 1995, accordance with Standard Paragraph E (CIPCO), successor to Carnegie Natural PECO Energy Company (PECO), at the end of this notice. Gas Company tendered for filing as part tendered for filing an Agreement 14. Missouri Public Service a Division of its FERC Gas Tariff, Third Revised between PECO and Electric of UtiliCorp United Inc. Volume No. 1, the following revised Clearinghouse, Inc. (ECI) dated January tariff sheet: [Docket No. ER95–462–000] 12, 1995. Tenth Revised Sheet No. 7 PECO states that the Agreement sets Take notice that on January 20, 1995, forth the terms and conditions for the Missouri Public Service a division of CIPCO has requested a waiver of the sale of system energy which it expects UtiliCorp United Inc. (‘‘MPS’’) tendered 30-day filing requirement to allow the to have available for sale from time to for filing a letter from the Executive tariff sheet to become effective February time and the purchase of which will be Committee of the Western Systems 1, 1995. economically advantageous to ECI. In Power Pool (WSPP) approving MPS’s CIPCO states that this is its quarterly order to optimize the economic application for membership in the filing pursuant to revised Section 32.2 advantage to both PECO and ECI, PECO WSPP. MPS requests it be permitted to of the General Terms and Conditions of requests that the Commission waive its become a member of the WSPP. In order its FERC Gas tariff to reflect prospective customary notice period and permit the to receive the benefits of pool changes in transportation costs agreement to become effective on membership, MPS requests waiver of associated with unassigned upstream January 19, 1995. the Commission’s prior notice capacity held by CIPCO on Texas PECO states that a copy of this filing requirement to allow its WSPP Eastern Transmission Corporation has been sent to ECI and will be membership to become effective as soon (‘‘Texas Eastern’’), for the 3-month furnished to the Pennsylvania Public as possible, but in no event later than 60 period commencing February 1, 1995 Utility Commission. days from this filing. and ending April 30, 1995. The filing Comment date: February 10, 1995, in reflects a reduction in the accordance with Standard Paragraph E Copies of the filing were served on Transportation Cost Rate from $1.0892 at the end of this notice. WSPP and the Missouri Public Service Commission. to 1.0490. The new TCR includes a TCR 12. Wisconsin Power and Light Co. Comment date: February 10, 1995, in Adjustment of $0.9821 and a TCR [Docket No. ER95–451–000] accordance with Standard Paragraph E Surcharge of $0.0669. Take notice that on January 18, 1995, at the end of this notice. Carnegie states that copies of its filing were served on all jurisdictional Wisconsin Power and Light Company Standard Paragraphs (WP&L), tendered for filing a signed customers and interested state Service Agreement under WP&L’s Bulk E. Any person desiring to be heard or commissions. Power Tariff between itself and Midcon to protest said filing should file a Any person desiring to be heard or to Power Services Corp. WP&L respectfully motion to intervene or protest with the protest said filing should file a motion requests a waiver of the Commission’s Federal Energy Regulatory Commission, to intervene or protest with the Federal notice requirements, and an effective 825 North Capitol Street, N.E., Energy Regulatory Commission, 825 date of December 14, 1994. Washington, D.C. 20426, in accordance North Capitol Street, NE., Washington, Comment date: February 10, 1995, in with Rules 211 and 214 of the DC 20426, in accordance with 18 CFR accordance with Standard Paragraph E Commission’s Rules of Practice and 385.214 and 385.211 of the at the end of this notice. Procedure (18 CFR 385.211 and 18 CFR Commission’s Rules and Regulations. 13. Consolidated Edison Company of 385.214). All such motions or protests All such motions or protests should be New York, Inc. should be filed on or before the filed on or before February 8, 1995. comment date. Protests will be Protests will be considered by the [Docket No. ER95–458–000] considered by the Commission in Commission in determining the Take notice that on January 20, 1995, determining the appropriate action to be appropriate action to be taken, but will Consolidated Edison Company of New taken, but will not serve to make not serve to make protestants parties to York, Inc. (‘‘Con Edison’’) tendered for protestants parties to the proceeding. the proceeding. Any person wishing to filing an agreement with Citizens Power Any person wishing to become a party become a party must file a motion to and Light Corporation (‘‘Citizens’’) to must file a motion to intervene. Copies intervene. Copies of this filing are on provide for the sale of energy and of this filing are on file with the file with the Commission and are 7184 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices available for public inspection in the of Practice and Procedure (18 CFR Any person desiring to be heard or to public reference room. 385.211 and 18 CFR 385.214). All such protest said filing should file a motion Lois D. Cashell, motions or protests should be filed on to intervene or a protest with the Secretary. or before February 13, 1995. Protests Federal Energy Regulatory Commission, [FR Doc. 95–2927 Filed 2–6–95; 8:45 am] will be considered by the Commission 825 North Capitol Street, NE., BILLING CODE 6717±01±M in determining the appropriate action to Washington, DC 20426, in accordance be taken, but will not serve to make with Section 385.214 and 385.211 of the protestants parties to the proceeding. Commission’s Rules and Regulations. [Docket No. ER95±206±000] Any person wishing to become a party All such protests should be filed on or must file a motion to intervene. Copies before February 8, 1995. Protests will be Central Illinois Public Service Co.; of this filing are on file with the considered by the Commission in Notice of Filing Commission and are available for public determining the appropriate action to be February 1, 1995. inspection. taken, but will not serve to make Take notice that on January 13, 1995, Lois D. Cashell, protestants parties to the proceeding. Central Illinois Public Service Company Secretary. Any person wishing to become a party must file a motion to intervene. Copies tendered for filing an amendment in the [FR Doc. 95–2922 Filed 2–6–95; 8:45 am] of this filing are on file with the above-referenced docket. BILLING CODE 6717±01±M Any person desiring to be heard or to Commission and are available for public protest said filing should file a motion inspection in the Public Reference to intervene or protest with the Federal [Docket No. RP95±140±000] Room. Energy Regulatory Commission, 825 Lois D. Cashell, Northern Natural Gas Co., Notice of North Capitol Street, NE., Washington, Secretary. Proposed Changes in FERC Gas Tariff DC 20426, in accordance with Rules 211 [FR Doc. 95–2924 Filed 2–6–95; 8:45 am] and 214 of the Commission’s Rules of February 1, 1995. BILLING CODE 6717±01±M Practice and Procedure (18 CFR 385.211 Take notice that on January 27, 1995, and 18 CFR 385.214). All such motions Northern Natural Gas Company [Docket No. RP95±145±000] or protests should be filed on or before (Northern), tendered for filing, under February 13, 1995. Protests will be Section 4 of the Natural Gas Act (NGA), Northwest Pipeline Corp., Notice of considered by the Commission in notice of the termination of gathering Proposed Changes in FERC Gas Tariff determining the appropriate action to be services offered over facilities located in taken, but will not serve to make Crockett County, Texas, effective February 1, 1995. protestants parties to the proceeding. February 28, 1995. Northern states that Take notice that on January 30, 1995, Any person wishing to become a party on December 19, 1994, the Commission Northwest Pipeline Corporation must file a motion to intervene. Copies authorized it to abandon, by sale to (Northwest), tendered for filing and of this filing are on file with the Peach Ridge Pipeline, Inc. (Peach acceptance as part of its FERC Gas Tariff Commission and are available for public Ridge), the Crockett County facilities, the following tariff sheets with a inspection. and declared that these facilities, once proposed effective date of March 2, Lois D. Cashell, acquired by Peach Ridge, would be 1995: Secretary. exempt from Commission regulation Third Revised Volume No. 1 [FR Doc. 95–2923 Filed 2–6–95; 8:45 am] under Section 1(b) of the NGA (69 FERC Second Revised Sheet No. 1 First Revised Sheet No. 2 BILLING CODE 6717±01±M ¶61,354 (1994)). Northern states it was directed to make the instant filing by the Second Revised Sheet No. 15 Sheet Nos. 122 through 124 December 19, 1994 order. [Docket No. ER95±111±000] Sheet Nos. 126 through 199 Northern states that it is abandoning First Revised Sheet No. 219 The Electric Exchange; Notice of Filing the facilities because, as a result of Original Sheet Nos. 363 through 366 restructuring under Order No. 636, Sheet Nos. 367 through 374. February 1, 1995. Northern no longer has a merchant Northwest states that the purpose of Take notice that on January 27, 1995, function and does not require these this filing is to implement a tariff The Electric Exchange (Applicant), filed facilities to access supplies to fulfill provision that will allow Northwest to an amendment to its application filed customer obligations. Regarding twelve sell (i) gas that becomes the property of October 31, 1994 in the above- customers who received gathering Northwest pursuant to the provisions of referenced docket requesting service over the Crockett County terminated transportation or storage Commission acceptance of Applicant’s facilities (listed in the filing), Northern agreements or due to tariff provisions Rate Schedule FERC No. 1; the granting states they have been mailed the instant relating to interruptible storage or of certain blanket approvals, including notice of termination of services, and shipper imbalances; and (ii) other de the authority to sell electricity at that notice of the deletion of receipt and minimus volumes of gas as the need market-based rates; and the waiver of delivery points on the Crockett County arises. certain Commission regulations. Notice facilities has been posted on Northern’s Northwest is also requesting limited of the original application was Electronic Bulletin Board. Finally, waiver of the Commission’s conduct published in the Federal Register on Northern has listed those customers and reporting regulations in Order No. November 29, 1994 (59 FR 60969). which have entered into private 497 in regard to the occasional sale of Any person desiring to be heard or to contracts for continued service with insignificant amounts of gas. protest said filing should file a motion Peach Ridge. Although not all of the Northwest states that a copy of this to intervene or protest with the Federal twelve customers have entered into filing has been served upon Northwest’s Energy Regulatory Commission, 825 such contracts, Northern states there jurisdictional customers and relevant North Capitol Street, N.E., Washington, were no outstanding protests in the state regulatory commissions. D.C. 20426, in accordance with Rules abandonment proceeding; thus Northern Any person desiring to be heard or 211 and 214 of the Commission’s Rules is not required to file a default contract. protest said filing should file a motion Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7185 to intervene or protest with the Federal customers and interested state the gas to fuel a compressor in Dilworth Energy Regulatory Commission, 825 regulatory agencies. Field, McMullen County, TGPL North Capitol Street, N.E., Washington, Any person desiring to be heard or explains. The service rendered to Exxon D.C. 20426, in accordance with Sections protest said filing should file a motion will be under TGPL’s Rate Schedule IT. to intervene or protest with the Federal 385.214 and 385.211 of the Any person or the Commission’s staff Commission’s Rules of Practice and Energy Regulatory Commission, 825 may, within 45 days after issuance of Procedure. All such motions or protests North Capitol Street, N.E., Washington, the instant notice by the Commission, should be filed on or before February 8, D.C. 20426, in accordance with sections 1995. Protests will be considered by the 385.214 or 385.211 of the Commission’s file pursuant to Rule 214 of the Commission in determining the Rules of Practice and Procedures. All Commission’s Procedural Rules (18 CFR appropriate action to be taken, but will such motions or protests should be filed 385.214) a motion to intervene or notice not serve to make protestants parties to on or before February 8, 1995. Protests of intervention and pursuant to Section the proceeding. Any person wishing to will be considered by the Commission 157.205 of the Regulations under the become a party must file a motion to in determining the appropriate action to Natural Gas Act (18 CFR 157.205) a intervene. be taken, but will not serve to make protest to the request. If no protest is Copies of this filing are on file with protestants parties to the proceeding. filed within the time allowed therefor, the Commission and are available for Any person wishing to become a party the proposed activity shall be deemed to public inspection in the Public must file a motion to intervene. Copies be authorized effective the day after the Reference Room. of this filing are on file with the time allowed for filing a protest. If a Lois D. Cashell, Commission and are available for public protest is filed and not withdrawn Secretary. inspection in the Public Reference within 30 days after the time allowed [FR Doc. 95–2926 Filed 2–6–95; 8:45 am] Room. for filing a protest, the instant request BILLING CODE 6717±01±M Lois D. Cashell, shall be treated as an application for Secretary. authorization pursuant to Section 7 of [FR Doc. 95–2925 Filed 2–6–95; 8:45 am] the Natural Gas Act. [Docket No RP95±141±000] BILLING CODE 6717±01±M Lois D. Cashell, Pacific Gas Transmission Co.; Notice Secretary. of Proposed Changes in FERC Gas [Docket No. CP95±180±000] [FR Doc. 95–2921 Filed 2–6–95; 8:45 am] Tariff BILLING CODE 6717±01±M Transcontinental Gas Pipe Line Corp.; February 1, 1995. Notice of Request Under Blanket Take notice that on January 30, 1995, Authorization [Docket No. ER94±1385±000] Pacific Gas Transmission Company (PGT) tendered for filing as part of its February 1, 1995. Take notice that on January 26, 1995, West Texas Utilities Company; Notice FERC Gas Tariff, First Revised Volume of Filing No. 1–A, the following revised tariff Transcontinental Gas Pipe Line Corporation (TGPL), P.O. Box 1396, sheets to become effective March 1, February 1, 1995. 1995: Houston, Texas 77251, filed in Docket No. CP95–180–000 a request pursuant to Take notice that on January 3, 1995, Sixth Revised Sheet No. 4 Sections 157.205 and 157.211 of the West Texas Utilities Companies Original Sheet No. 6F Commission’s Regulations under the tendered for filing an amendment in the PGT states that it is tendering the Natural Gas Act (18 CFR 157.205, above-referenced docket. revised tariff sheets to commence 157.211) for authorization to construct Any person desiring to be heard or to recovery of approximately $14 million and operate a new sales tap to Exxon protest said filing should file a motion of gas supply realignment (‘‘GSR’’) costs Company, U.S.A. (Exxon) under TGPL’s to intervene or protest with the Federal in accordance with Section 30 of the blanket certificate issued in Docket No. Energy Regulatory Commission, 825 General Terms and Conditions of PGT’s CP82–426–000 pursuant to Section 7 of North Capitol Street, N.E., Washington, FERC Gas Tariff, First Revised Volume the Natural Gas Act, all as more fully set D.C. 2026, in accordance with Rules 211 No. 1–A and the Commission’s Orders forth in the request that is on file with and 214 of the Commission’s rules of of July 12, 1993 and October 1, 1993, in the Commission and open to public PGT’s restructuring case, Docket No. inspection. Practice and Procedure (18 CFR 385.211 RS92–46–000. The amount of GSR costs TGPL proposes to install a new sales and 18 CFR 385.214). All such motions proposed to be recovered represents tap to Exxon consisting of a 4-inch hot or protests should be filed on or before 75% of its GSR costs PGT paid to date tap on TGPL’s existing 20-inch South February 15, 1995. Protests will be over and above the amounts PGT McMullen Lateral in McMullen County, considered by the Commission in received authorization to recover in Texas. TGPL estimates the cost of the determining the appropriate action to be Docket No. RP94–24–000. sales tap to be $82,000, of which, Exxon taken, but will not serve to make PGT states that it will recover 25% of will reimburse TGPL. TGPL states that protestants parties to the proceeding. its GSR costs by means of a direct bill Exxon will construct appurtenant Any person wishing to become a party and 50% of the GSR costs by means of facilities to enable it to receive gas from must file a motion to intervene. Copies a volumetric surcharge applicable to TGPL and submits that the of this filing are on file with the service under Rate Schedules FTS–1 transportation service to Exxon will be Commission and are available for public and ITS–1. In the event no party rendered pursuant to TGPL’s Rate inspection. successfully challenges the prudence of Schedule IT. Lois D. Cashell, PGT’s GSR costs, PGT will absorb the TGPL further states that the new sales Secretary. remaining 25% of its GSR costs. tap will be used by Exxon to receive up PGT states that copies of its filing to 400 Mcf per day of gas from TGPL on [FR Doc. 95–2951 Filed 2–6–95; 8:45 am] were served on all jurisdictional an interruptible basis. Exxon will use BILLING CODE 6717±01±M 7186 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices [Docket No. CP95±178±000] Energy Regulatory Commission, Under the procedure herein provided Washington, D.C. 20426, a motion to for, unless otherwise advised, it will be Williams Natural Gas Co.; Notice of intervene or a protest in accordance unnecessary for Williams to appear or Application with the requirements of the be represented at the hearing. February 1, 1995. Commission’s Rules of Practice and Lois D. Cashell, Take notice that on January 26, 1995, Procedure (18 CFR 385.214 or 385.211) Secretary. Williams Natural Gas Company and the Regulations under the Natural [FR Doc. 95–2920 Filed 2–6–95; 8:45 am] (Williams), Post Office Box 3288, Tulsa, Gas Act (18 CFR 157.10). All protests BILLING CODE 6717±01±M Oklahoma 74101, filed in Docket No. filed with the Commission will be CP95–178–000 an application pursuant considered by it in determining the to Sections 7(b) and 7(c) of the Natural appropriate action to taken but will not Office of Hearings and Appeals Gas Act, requesting permission and serve to make the protestants parties to approval to abandon approximately the proceeding. Any person wishing to Notice of Cases Filed; Week of 2,200 feet of 8-inch lateral pipeline and become a party to a proceeding or to November 28 Through December 2, authorization to construct and operate participate as a party in any hearing 1994 approximately 2,300 feet of replacement therein must file a motion to intervene During the week of November 28 line consisting of 2-inch and 6-inch in accordance with the Commission’s through December 2, 1994, the appeals lateral pipeline in Wilson County, Rules. and applications for exception or other Kansas, all as more fully set forth in the Take further notice that, pursuant to relief listed in the Appendix to this application of file with the Commission the authority contained in and subject to Notice were filed with the Office of and open to public inspection. the jurisdiction conferred upon the Hearings and Appeals of the Department Specifically, Williams states that it of Energy. proposes to replace line YB across the Federal Energy Regulatory Commission by Sections 7 and 15 of the Natural Gas Under DOE procedural regulations, 10 road from its existing location in order CFR Part 205, any person who will be to avoid a Department of Transportation Act and the Commission’s Rules of Practice and Procedure, a hearing will aggrieved by the DOE action sought in Class III designated area and to these cases may file written comments eliminate 1920’s vintage pipe. Williams be held without further notice before the Commission or its designee on this on the application within ten days of further stated that the replacement will service of notice, as prescribed in the insure continued reliable service to the application if no motion to intervene is filed within the time required herein, if procedural regulations. For purposes of Neodesha, Kansas area. the regulations, the date of service of It is estimated that the cost of the the Commission on its own review of the matter finds that a grant of the notice is deemed to be the date of proposed abandonment will be publication of this Notice or the date of approximately $2,000. It is further certificate and permission and approval for the proposed abandonment are receipt by an aggrieved person of actual estimated that the replacement facilities notice, whichever occurs first. All such for this project will cost approximately required by the public convenience and necessity. If a motion for leave to comments shall be filed with the Office $168,861, which Williams proposes to of Hearings and Appeals, Department of intervene is timely filed, or if the finance with funds on hand. Energy, Washington, D.C. 20585. Any person desiring to be heard or to Commission on its own motion believes make any protest with reference to said that a formal hearing is required, further Dated: January 30, 1995. application should on or before notice of such hearing will be duly George B. Breznay, February 22, 1995, file with the Federal given. Director, Office of Hearings and Appeals. LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of November 28 through December 2, 1994] Date Name and location of applicant Case No. Type of submission Nov. 28, 1994 .. Munir A. Malik, Hartford, Connecticut ...... VFA±0013 Appeal of an Information Request Denial. If granted: The No- VFA±0014 vember 2, 1994 Freedom of Information Request Denial is- sued by the Albuquerque Operations Office would be re- scinded, and Munir A. Malik would receive access to spe- cific software products requested. Nov. 29, 1994 .. Albuquerque Operations Office, Albuquerque, VSO±0013 Request for Hearing under C.F.R. Part 710. If granted: An in- New Mexico. dividual employed at Albuquerque Operations Office would receive a hearing under 10 C.F.R. part 710. REFUND APPLICATIONS RECEIVED [Week of November 28 Through December 2, 1994] Date received Name of refund proceeding/name of refund applicant Case No. November 29, 1994 ...... Ortiz Texaco ...... RF321±21049 November 29, 1994 ...... Ed's Texaco ...... RF321±21050 December 1, 1994 ...... Ryburn's Texaco Service ...... RF321±21051 December 1, 1994 ...... Lee's Texaco Station ...... RF321±21052 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7187 [FR Doc. 95–3013 Filed 2–6–95; 8:45 am] Notice were filed with the Office of notice is deemed to be the date of BILLING CODE 6450±01±P Hearings and Appeals of the Department publication of this Notice or the date of of Energy. receipt by an aggrieved person of actual Under DOE procedural regulations, 10 notice, whichever occurs first. All such Notice of Cases Filed; Week of CFR Part 205, any person who will be comments shall be filed with the Office December 5 Through December 9, aggrieved by the DOE action sought in of Hearings and Appeals, Department of 1994 these cases may file written comments Energy, Washington, D.C. 20585. During the week of December 5 on the application within ten days of Dated: January 30, 1995. service of notice, as prescribed in the through December 9, 1994, the appeals George B. Breznay, and applications for exception or other procedural regulations. For purposes of relief listed in the Appendix to this the regulations, the date of service of Director, Office of Hearings and Appeals. LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of December 5 Through December 9, 1994] Date Name and location of applicant Case No. Type of submission 12/05/94 ...... Bituminous Materials, Inc., Los Angeles, Califor- RR321±173 Modification/Rescission in the Texaco Refund nia. Proceeding. If granted: The August 26, 1994 Decision and Order (Case No. RF321±21017) issued to Bituminous Materials, Inc. would be modified regarding the application it submitted in the Texaco Refund Proceeding. 12/06/94 ...... Oklahoma/Amoco, Belridge, Palo Pinto, Okla- RM21±277±RM251± Request for Modification/Rescission in the Okla- homa City, Vickers, Amoco II, Oklahoma City, 282 homa Second Stage Refund Proceeding. If Oklahoma. granted: The May 7, 1985 Decision and Order (Case Numbers RM21±277, RM8±278, and RM5±279), and the December 12, 1988 Deci- sion and Order (Case Numbers, RM13±280, RM1±281, and RM251±282) would be modi- fied regarding Oklahoma's application it sub- mitted in the second stage refund proceeding. 12/07/94 ...... Oak Ridge Operations Office, Oak Ridge, Ten- VSO±0014 Request for Hearing under 10 CFR part 710. If nessee. granted: An individual employed at Oak Ridge Operations Office would receive a hearing under 10 CFR part 710. REFUND APPLICATIONS RECEIVED [Week of December 5 Through December 9, 1994] Date received Name of refund proceeding/name of refund applicant Case No. 12/05/94 ...... National Coop Refinery Assoc ...... RF345±33 12/06/94 ...... Carl's Arco ...... RF304±15464 12/07/94 ...... General Paving Co ...... RG272±2 12/09/94 ...... Coca-Cola of Los Angeles ...... RC272±268 12/09/94 ...... Beatrice Cheese ...... RC272±269 12/09/94 ...... Americold ...... RC272±270 12/09/94 ...... Tropicana Products, Inc ...... RC272±271 12/09/94 ...... Swift-Eckrich ...... RF272±272 12/09/94 ...... Americold, Corp ...... RC272±273 12/09/94 ...... Ozarka Spring Co ...... RC272±274 12/09/94 ...... Great Bear Spring Co ...... RC272±275 [FR Doc. 95–3019 Filed 2–6–95; 8:45 am] relief listed in the Appendix to this the regulations, the date of service of BILLING CODE 6450±01±P Notice were filed with the Office of notice is deemed to be the date of Hearings and Appeals of the Department publication of this Notice or the date of of Energy. receipt by an aggrieved person of actual Notice of Cases Filed During the Week Under DOE procedural regulations, 10 notice, whichever occurs first. All such of December 19 Through December 23, CFR part 205, any person who will be comments shall be filed with the Office 1994 aggrieved by the DOE action sought in of Hearings and Appeals, Department of these cases may file written comments Energy, Washington, DC 20585. During the week of December 19 on the application within ten days of Dated: January 30, 1995. through December 23, 1994, the appeals service of notice, as prescribed in the George B. Breznay, and applications for exception or other procedural regulations. For purposes of Director, Office of Hearings and Appeals. 7188 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of December 19 Through December 23, 1994] Date Name and location of applicant Case No. Type of submission 12/22/94 ...... Hewlett-Woodmere UFSD, Hewlett, New York RR272±63 Request for Modification/Rescission in the Crude Oil Refund Proceeding. If granted: The December 14, 1994 Dismissal Letter (Case No. RF272±82414) issued to Hewlett- Woodmere UFSD would be modified regarding the firm's application for refund submitted in the Crude Oil refund proceeding. 12/21/94 ...... National Security Archive, Washington, DC .... VFA±0015 Appeal of an Information Request Denial. If granted: The De- cember 5, 1994 Freedom of Information Request Denial is- sued by the Office of Arms Control and Nonproliferation would be rescinded, and the National Security Archive would receive access to documents relating to Reagan Ad- ministration negotiations with Japan regarding transfer of plutonium from 1980±1983. REFUND APPLICATIONS RECEIVED Date received Name of refund proceeding/name of refund application Case No. 12/19/94 ...... Elm Garage, Inc ...... RF321±21053 12/20/94 ...... Hill Aircraft & Leasing Corp ...... RF351±30 12/21/94 ...... Kim's Arco ...... RF304±15466 12/21/94 ...... Holstein Cooperative Elevator ...... RF272±6 12/23/94 ...... Abelardo Obregon ...... RF349±20 12/23/94 ...... Wabash County, Indiana ...... RG272±7 [FR Doc. 95–3014 Filed 2–6–95; 8:45 am] notice were filed with the Office of procedural regulations. For purposes of BILLING CODE 6450±01±P Hearings and Appeals of the Department the regulations, the date of service of of Energy. Submissions inadvertently notice is deemed to be the date of omitted from earlier lists have also been publication of this Notice or the date of Notice of Cases Filed; Week of included. receipt by an aggrieved person of actual December 12 Through December 16, Under DOE procedural regulations, 10 notice, whichever occurs first. All such 1994 CFR part 205, any person who will be comments shall be filed with the Office During the week of December 12 aggrieved by the DOE action sought in of Hearings and Appeals, Department of through December 16, 1994, the appeals these cases may file written comments Energy, Washington, DC 20585. and applications for exception or other on the application within ten days of George B. Breznay, relief listed in the appendix to this service of notice, as prescribed in the Director, Office of Hearings and Appeals. LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of December 12 Through December 16, 1994] Date Name and location of applicant Case No. Type of submission 12/14/94 ...... Long Island Lighting Company, Hicksville, VEA±0003 Appeal from Special Assessment to the Uranium Enrichment New York. Decontamination and Decommissioning Fund. If granted: The written determination issued by the Department of En- ergy on November 14, 1994 would be rescinded and Long Island Lighting Company would receive a refund of pay- ments made to the Decontamination and Decommissioning Fund, all future obligations of Long Island Lighting Com- pany would be cancelled and Long Island Lighting Compa- ny's assessment would be adjusted to zero. Refund Applications Received Date received Name of refund proceeding/name of refund application Case No. 10/12/94 ...... Farmers Union Oil Co...... RG272±5 12/12/94 ...... Harlem & Cermak Arco ...... RF304±15465 12/12/94 ...... Effingham Equity ...... RG272±3 12/12/94 ...... Lazy 8, Inc ...... RF300±21816 12/12/94 ...... Southern States Utilities Inc ...... RG272±202 12/12/94 ...... Bjorklund Trucking ...... RC272±276 12/12/94 ...... Southern States Utilities ...... RG340±202 12/14/94 ...... Buckeye Coop Elevator Co ...... RG272±4 12/16/94 ...... Lake Charles Refining Co ...... RF345±34 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7189 [FR Doc. 95–3015 Filed 2–6–95; 8:45 am] notice were filed with the Office of notice is deemed to be the date of BILLING CODE 6450±01±P Hearings and Appeals of the Department publication of this Notice or the date of of Energy. receipt by an aggrieved person of actual Under DOE procedural regulations, 10 notice, whichever occurs first. All such Notice of Cases Filed; Week of CFR part 205, any person who will be comments shall be filed with the Office November 7 Through November 11, aggrieved by the DOE action sought in of Hearings and Appeals, Department of 1994 these cases may file written comments Energy, Washington, D.C. 20585. During the week of November 7 on the application within ten days of Dated: January 30, 1995. service of notice, as prescribed in the through November 11, 1994 the appeals George B. Breznay, and applications for exception or other procedural regulations. For purposes of relief listed in the appendix to this the regulations, the date of service of Director, Office of Hearings and Appeals. LIST OF CASES RECEIVED BY THE OFFICE OF HEARINGS AND APPEALS [Week of November 7 Through November 11, 1994] Date Name and location of applicant Case No. Type of submission 11/7/94 ...... E.O. Smelser, Oklahoma City, Oklahoma ..... VFA±0011 Appeal of an Information Request Denial/Reconsideration. If granted: The October 4, 1994 Freedom of Information Ap- peal Decision and Order (Case Number LFA±0420) is- sued by the Office of Hearings and Appeals would be re- scinded, and E.O. Smelser would receive access to re- maining NRIS database information. 11/7/94 ...... Texaco/Major Oils, San Francisco, California RR321±170 Request for Modification/Rescission in the Texaco Refund Proceeding. If granted: The October 4, 1994 Decision and Order (Case Number RR321±165) issued to Major Oils would be modified regarding the firm's application for re- fund submitted in the Texaco Refund Proceeding. 11/8/94 ...... Albuquerque Operations Office, Albuquer- VSO±0011 Request for Hearings under 10 C.F.R. Part 710. If granted: que, New Mexico. An individual employed at Albuquerque Operations Office would receive a hearing under 10 C.F.R. Part 710. 11/8/94 ...... Gulf/Ryder Energy Distribution, Hardin, Ken- RR300±261 Request for Modification/Rescission in the Texaco Refund tucky. Proceeding. If granted: The August 9, 1991 Decision and Order (Case Nos. RF300±11185 and RF300±17936) is- sued to Ryder Energy Distributing would be modified re- garding the firm's application for refund submitted in the Gulf Refund Proceeding. 11/8/94 ...... Richland Operations Office, Richland, Wash- VPZ-0001 Request for Deposition. If granted: Benton County would be ington. required to make five individuals available for deposition. 11/8/94 ...... Texaco/Ryder Energy Distributing, Hardin, RR321±171 Request for Modification/Rescission in the Texaco Refund Kentucky. Proceeding. If granted: The July 29, 1994 Decision and Order (Case No. RF321±14683) issued to Ryder Energy Distributing would be modified regarding the firm's appli- cation for refund submitted in the Texaco Refund Pro- ceeding. REFUND APPLICATIONS RECEIVED [Week of 11/7/94 Through 11/11/94] Date received Name of refund proceeding/name of refund applicant Case No. 11/9/94 ...... American Blackline Coatings ...... RG272±1 11/8/94 ...... United L.P. Gas Corp ...... RF340±201 11/7/94 ...... P & T Texaco Service ...... RF321±21042 11/7/94 ...... Dick's Suburban Texaco ...... RF321±21043 11/8/94 ...... Texaco Utilities Co ...... RC272±265 [FR Doc. 95–3016 Filed 2–6–95; 8:45 am] the Office of Hearings and Appeals of Security, and Transition Support BILLING CODE 6450±1±P the Department of Energy. The (EOST). In response to the request, following summary also contains a list EOST released some documents and of submissions that were dismissed by stated that it had found no further Notice of Issuance of Decisions and the Office of Hearings and Appeals. responsive documents. After Treweek Orders; Week of October 17 Through Appeals filed the Appeal, he conducted October 21, 1994 discussions with representatives of the Dale N. Treweek, 10/19/94, LFA–0423 DOE that identified certain potentially During the week of October 17 Dale N. Treweek filed an appeal from responsive documents that had not been through October 21, 1994 the decisions a partial denial of a request for released. The DOE therefore granted the and orders summarized below were information under the Freedom of Appeal and remanded the case to EOST issued with respect to appeals and Information Act issued by the DOE’s applications for other relief filed with Office of Engineering, Operations, for further action. 7190 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices In Defense of Animals, 10/21/94, LFA– ‘‘Best Buy Analysis’’ and the Analysis of DOE issued a final Decision and Order 0424 Offers and portions of the Contract, determining that the exception request In Defense of Animals (IDA) filed an Proposals and Decision pursuant to should be granted. Appeal from determinations by the FOIA Exemptions 4 and 5. In its Appeal, Carter Oil Company, 10/19/94, LEE– DOE’s Freedom of Information (FOI) PDC argued that BPA had improperly 0100 withheld that material and had failed to and Privacy Acts Branch and the Carter Oil Company (Carter) filed an provide additional responsive Nevada Operations Office. In the Application for Exception from the documents. In considering the Appeal, determinations, these DOE offices stated provisions of the Energy Information the DOE determined that the unit prices that no documents could be found that Administration (EIA) reporting were responsive to the Request for and individual components of unit requirements in which the firm sought Information which the firm had prices were properly withheld under relief from filing Form EIA–782B, submitted under the Freedom of Exemption 4. However, the DOE found entitled ‘‘Resellers’/Retailers’ Monthly Information Act. In considering the that other portions of the Best Buy Petroleum Product Sales Report.’’ The Appeal, the DOE found that the search Analysis and the Proposals were DOE determined that Carter did not for responsive documents was improperly withheld under Exemption meet the standards for exception relief inadequate, and the Request was 4. Additionally, the DOE found that because it was not experiencing a remanded to the FOI and Privacy Acts portions of the Decision and the serious hardship or gross inequity as a Branch for a further search. The DOE’s Analysis of Offers were improperly result of the reporting requirements. Decision was based on the fact that DOE withheld pursuant to Exemption 5. The Accordingly, exception relief was documents pertaining to IDA’s request DOE also found that BPA had made an denied. were mentioned in various publications. adequate search in response to PDC’s Martha L. Powers, 10/17/94, LFA–0411 FOIA request. Consequently, the DOE Chambers Oil Company, 10/17/94, LEE– Martha L. Powers filed an Appeal granted the Appeal in part and 0116 from a determination issued to her by remanded the matter to BPA for further Chambers Oil Company (Chambers) the DOE’s Nevada Operations Office action. filed an Application for Exception from (Nevada Operations) in response to a U.A. Plumbers and Pipefitters Local 36, the provisions of the Energy Information Request for Information submitted 10/17/94, LFA–0421 Administration (EIA) reporting under the Freedom of Information Act U.A. Plumbers and Pipefitters Local requirements in which the firm sought (FOIA). In considering the Appeal, the 36 (Local 36) filed an Appeal from a relief from filing Form EIA–782B, DOE found that, with the information determination issued to it on September entitled ‘‘Resellers’/Retailers’ Monthly available to it, Nevada Operations 16, 1994, by the DOE’s Idaho Operations Petroleum Product Sales Report.’’ The conducted an adequate search for Office. In that determination, the DOE determined that Chambers did not documents relating to George Egish, a Authorizing Official denied a request for meet the standards for exception relief civilian employee of the Army who may a waiver of fees in connection with a because it was not experiencing a have photographed atmospheric atomic request filed by Local 36 under the serious hardship or gross inequity as a explosion tests during the 1940’s and Freedom of Information Act (FOIA), 5 result of the reporting requirements. 1950’s. After consulting with Mrs. U.S.C. 552, as implemented by the DOE Accordingly, exception relief was Powers, Nevada Operations and various in 10 CFR Part 1004. The Authorizing denied. DOE offices, the DOE determined that Official advised Local 36 that the cost of Ewing Oil Company, 10/17/94, LEE– the agency may be able to identify some processing its request would be 0084 responsive documents if she were to approximately $156,255. In its Appeal, Ewing Oil Company filed an submit a new request with additional Local 36 asked that the Office of Application for Exception from the identifying information. Nevada Hearings and Appeals (OHA) reverse the Energy Information Administration Operations personnel indicated their initial determination, and grant it a fee (EIA) requirement that it file Form EIA– willingness to work with Mrs. Powers to waiver. In considering the Appeal, the 782B, the ‘‘Resellers’/Retailers’ Monthly refine any new search request she might OHA found that although disclosure of Petroleum Product Sales Report.’’ In make. Accordingly, the Appeal was the requested information was in the considering Ewing’s request, the DOE denied. commercial interest of Local 36, a found that the firm, which the EIA Painters District Council No. 55, 10/18/ partial reduction of fees was appropriate characterized as a ‘‘certainty firm’’ 94, LFA–0422 because the requested information will because of its significant market share, Painters District Council No. 55 (PDC) primarily benefit the general public. The was not experiencing a serious hardship filed an Appeal from a determination OHA determined that it would be or a gross inequity. Accordingly, issued by the DOE’s Bonneville Power appropriate to reduce the charges exception relief was denied. Administration (BPA), which assessed Local 36 by 75 percent. Petroleum Products, Inc., 10/17/94, determination denied in part a Request Therefore, the Appeal was granted in LEE–0087 for Information PDC submitted under part. the Freedom of Information Act (FOIA). Petroleum Products, Inc., filed an Requests for Exception PDC requested documents relating to Application for Exception from the BPA’s procurement of a painting Brindley Oil Co., 10/21/94, LEE–0123 Energy Information Administration services contract, including all Brindley Oil Company (Brindley) (EIA) requirement that it file Form EIA– proposals, the final contract and filed an Application for Exception from 782B, the ‘‘Resellers’/Retailers’ Monthly documents generated by BPA in the the Energy Information Administration Petroleum Product Sales Report.’’ In course of the procurement process. BPA (EIA) requirement that it file Form EIA– considering this request, the DOE found released redacted copies of the final 782B, the ‘‘Resellers’/Retailers’ Monthly that the firm was not suffering a gross contract, a document entitled Petroleum Product Sales Report.’’ In inequity or serious hardship, and ‘‘Document of Award Decision’’ considering this request, the DOE found denied Petroleum Product’s Application (Decision), and the proposals that the firm was suffering a gross for Exception. (Proposals). However, BPA withheld the inequity and a serious hardship. The Texpar Energy, Inc., 10/18/94, LEE–0119 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7191 Texpar Energy, Inc., filed an that it purchased. Accordingly, the special refund proceeding. Mr. Loop Application for Exception from the Application for Refund was denied. requested that he not be required to pay Energy Information Administration Gulf Oil Corporation/Huber’s 4 Corners interest on the excess amount of the (EIA) requirement that it file Form EIA– Store, 10/19/94, RF300–10925 refund between the date the refund was 782B, the ‘‘Resellers’/Retailers’ Monthly Huber’s 4 Corners Store filed an issued and the date of repayment. Mr. Petroleum Product Sales Report,’’ and Application for Refund in the Gulf Oil Loop also requested that he not be held Form EIA–782C, the ‘‘Monthly Report of Corporation refund proceeding. Huber’s responsible for that portion of the Prime Supplier Sales of Petroleum requested a refund based on its indirect excessive refund that he paid to Federal Products Sold for Local Consumption.’’ purchases of Gulf motor gasoline. The Refunds, Inc. (FRI), the private company In considering this request, the DOE DOE noted that an indirect purchaser is with whom he contracted to help him found that the firm was not suffering a not entitled to a refund where the direct obtain his refund. In considering these gross inequity or serious hardship, and purchaser demonstrates that it absorbed requests, the DOE determined that it denied Texpar’s Application for the alleged overcharges rather than was partially responsible for the error Exception. passing them through to its customers. that resulted in Mr. Loop’s receiving an Refund Applications Because the direct purchaser had excessive refund, and it therefore decided that Mr. Loop would not be Draper Energy Co., Inc., 10/18/94, established that it absorbed the alleged required to pay interest on the RF272–92349 Gulf overcharges, the DOE determined that Huber’s was not entitled to a repayment. However, the DOE The DOE issued a Decision and Order refund. Accordingly, the Application for determined that since any agreement concerning the Application for Refund Refund was denied. between FRI and Mr. Loop was a private of a claimant in the Subpart V crude oil matter between the two parties, it would overcharge refund proceeding. The Texaco Inc./Loop’s Airport Texaco, 10/ not reduce his repayment obligation to Application for Refund was based on 17/94, RR321–167 the DOE. purchases of gasoline and middle The DOE issued a Decision and Order distillates the applicant purchased and partially granting a Motion for Refund Applications resold during the crude oil price control Reconsideration filed by Bert N. Loop refund period. The DOE determined that on behalf of Loop’s Airport Texaco. In The Office of Hearings and Appeals the applicant’s sales of gasoline and his Motion, Mr. Loop asked that the issued the following Decisions and middle distillates allowed it to pass on DOE modify a Supplemental Order Orders concerning refund applications, the costs of any crude oil overcharges to issued on July 20, 1994, Texaco Inc./ which are not summarized. Copies of its customers. Therefore, the DOE Loop’s Airport Texaco, 24 DOE ¶ 85,061 the full texts of the Decisions and concluded that the claimant was not (1994), which ordered him to repay a Orders are available in the Public injured by any of the crude oil portion of a refund that he had Reference Room of the Office of overcharges associated with the gallons previously been granted in the Texaco Hearings and Appeals. Cox Construction Co. et al ...... RF272±86255 10/20/94 Dahlen Farmers Elevator & Oil Company et al ...... RF272±94775 10/20/94 Farmers Union Oil Co. of Minot ...... RF272±86878 10/21/94 Gulf Oil Corporation/O.S.T. & Kirby ...... RF300±20580 10/18/94 Westheimer & Kirby ...... RF300±20581 ...... Fannin Gulf ...... RF300±20582 ...... Spencer & Allen Genoa ...... RF300±20583 ...... Gulf Oil Corporation/Sylvester's Crill & Palm Ave...... RF300±21801 10/17/94 Sylvester's Crill & Palm Ave...... RF300±21802 ...... Sylvester's Crill & Palm Ave...... RF300±21803 ...... Sylvester's Crill & Palm Ave...... RF300±21804 ...... Lanford Flying Service et al ...... RF272±94809 10/20/94 Texaco Inc./Curtis Beard et al ...... RF321±14018 10/19/94 Texaco Inc./ Stewart's Texaco et al ...... RF321±20605 10/20/94 Village of Lyons et al ...... RF272±97204 10/17/94 7192 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Dismissals of submissions that were dismissed by Order was filed at the Office of Hearings the Office of Hearings and Appeals. and Appeals of the DOE within the The following submissions were prescribed time period. Therefore, the dismissed: Requests for Exception DOE issued the Proposed Decision and Applebee Oil & Profane, 11/22/94, Name Case No. Order in final form, denying Wes-Pet., LEE–0145 Inc.’s Application for Exception. Applebee Oil & Propane of Ovid, 14 Mile 7 Gratiot Service ...... RF321±21032 Interlocutory Order Clinchfield Railroad ...... RF272±93753 Michigan, filed an Application for O/T/S/ Oil Co., Inc., ...... RF300±21719 Exception from the Energy Information Richland Operations Office, 11/25/94, William J. Miles ...... RF272±89769 Administration (EIA) requirement that it VPZ–0001 file Form EIA–782B, the ‘‘Resellers’/ Copies of the full text of these Retailers’ Monthly Petroleum Product The DOE’s Richland Operations decisions and orders are available in the Sales Report.’’ In considering this Office (Richland) filed a Request for Public Reference Room of the Office of request, the DOE found that the firm Depositions (request) on November 14, Hearings and Appeals, Room 1E–234, was not suffering gross inequity or 1994 with the Office of Hearing and Forrestal Building, 1000 Independence serious hardship. On August 11, 1994, Appeals (OHA). The request concerns Avenue SW., Washington, D.C. 20585, the DOE issued a Proposed Decision and an evidentiary hearing to be convened Monday through Friday, between the Order determining that the exception in connection with an appeal by Benton hours of 1:00 p.m. and 5:00 p.m., except request should be denied. No Notice of County, Washington of a determination federal holidays. They are also available Objection to the Proposed Decision and issued by Richland denying the in Energy Management: Federal Energy Order was filed at the Office of Hearings County’s claim for Payment-Equal-To- Guidelines, a commercially published and Appeals of the DOE within the Taxes (PETT) under the Nuclear Waste loose leaf reporter system. prescribed time period. Therefore, the Policy Act of 1982, as amended. In the Dated: January 30, 1995. DOE issued the Proposed Decision and request, Richland asked that OHA order George B. Breznay, Order in final form, denying Applebee Benton County to make available for Oil & Propane’s Application for deposition five Benton County Director, Office of Hearings and Appeals. Exception. witnesses. On considering the request, [FR Doc. 95–3017 Filed 2–6–95; 8:45 am] West-Pet., Inc., 11/22/94, LEE–0156 OHA found that because the five BILLING CODE 6450±01±P West-Pet., Inc. of New Orleans, witnesses in question possessed Louisiana filed an Application for important technical knowledge, further Issuance of Decisions and Orders for Exception from the Energy Information pre-trial discovery was warranted. the Week of November 21 Through (EIA) requirement that it file Form EIA– Accordingly, OHA granted the request. November 25, 1994 782B, the ‘‘Resellers’/Retailers’ Monthly Refund Applications Petroleum Product Sales Report.’’ In During the week of November 21 considering this request, the DOE found The Office of Hearings and Appeals through November 25, 1994, the that the firm was not suffering gross issued the following Decisions and decisions and orders summarized below inequity or serious hardship. On Orders concerning refund applications, were issued with respect to applications September 23, 1994, the DOE issued a which are not summarized. Copies of for exception or other relief filed with Proposed Decision and Order the full texts of the Decisions and the Office of Hearings and Appeals of determining that the exception request Orders are available in the Public the Department of Energy. The should be denied. No Notice of Reference Room of the Office of following summary also contains a list Objection to the Proposed Decision and Hearings and Appeals. Enron Corp./ Shelton Oil & Gas Co., Inc ...... RF340±137 ..... 11/25/94 Henson's, Inc ...... RF340±181 ...... Cedar Falls utilities ...... RF340±184 ...... Fairfax Trucking Company et al ...... RF272±93369 . 11/22/94 Gulf Oil Corporation/Helo's Gulf ...... RF300±20464 . 11/25/94 Gulf Oil Corporation/Thibaut Oil Company ...... RF300±20184 . 11/25/94 Sause Bros. Ocean Towing Co., Inc ...... RR272±183 .... 11/22/94 Texaco Inc./Jeremiah R. Downey Oil Corp. et al ...... RF321±6193 ... 11/22/94 Wecota Farmers Union Oil Co. et al ...... RF272±94981 . 11/22/94 Dismissals Name Case No. Guidelines, a commercially published loose leaf reporter system. The following submissions were Stanley Contruction Co ...... RF272±97243 dismissed: Todd Ash Arco ...... RF304±14934 Dated: January 30, 1995. George B. Breznay, Name Case No. Copies of the full text of these Director, Office of Hearings and Appeals. decisions and orders are available in the [FR Doc. 95–3018 Filed 2–6–95; 8:45 am] City of Norwalk ...... RF300±21735 Commonwealth/Cambridge RF321±20759 Public Reference Room of the Office of BILLING CODE 6450±01±M Electric Co. Hearings and Appeals, Room 1E–234, Edmonds Arco Service ...... RF304±13498 Forrestal Building, 1000 Independence Griffin Brothers, Inc ...... RF272±95021 Avenue, S.W., Washington, D.C. 20585, Implementation of Special Refund Little America Refining Co. ... RR195±4 Monday through Friday, between the Procedures Lizza Industries, Inc ...... RF272±77580 hours of 1:00 p.m. and 5:00 p.m., except Meadow Gold Dairies, Inc .... RF272±77135 federal holidays. They are also available AGENCY: Office of Hearings and Appeals, Southside Texaco ...... RF321±20647 in Energy Management: Federal Energy Department of Energy. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7193 ACTION: Notice of Implementation of to each state’s consumption of entered into a Compromise Settlement Special Refund Procedures. petroleum products during the price Agreement to resolve all civil liability in this control period. Refunds to eligible matter. Subsequently, several of the parties SUMMARY: The Office of Hearings and purchasers will be based on the volume filed for protection with the U.S. Bankruptcy Appeals (OHA) of the Department of Court for Eastern Texas. The DOE has of petroleum products that they collected a total of $337,022.86 in settlement Energy (DOE) announces the procedures purchased and the extent to which they for disbursement of a total of of this matter. These funds are being held in can demonstrate injury. an interest-bearing account pending a $338,267.90, plus accrued interest, in Applications for Refund must be determination regarding their proper crude oil overcharges obtained by the postmarked no later than June 3, 1996. disposition. DOE from King Petroleum, Inc., et al., As we state in the Decision, any party II. Jurisdiction and Authority Case No. LEF–0125 (King), and Billy who has previously submitted a refund Bridewell, William J. Cobb, et al., Case The Subpart V regulations set forth general application in the crude oil proceedings guidelines which may be used by the OHA No. LEF–0126 (Bridewell). The OHA should not file another Application for has determined that the funds obtained in formulating and implementing a plan of Refund. The previously filed crude oil distribution of funds received as a result of from King and Bridewell, plus accrued application will be deemed filed in all an enforcement proceeding. The DOE policy interest, will be distributed in crude oil proceedings as the is to use the Subpart V process to distribute accordance with the DOE’s Modified proceedings are finalized. such funds. For a more detailed discussion Statement of Restitutionary Policy in of Subpart V and the authority of the OHA Crude Oil Cases, 51 FR 27899 (August Dated: February 1, 1995. to fashion procedures to distribute refunds, 4, 1986). George B. Breznay, see Petroleum Overcharge Distribution and Restitution Act of 1986, 15 U.S.C. 4501–07 DATES AND ADDRESSES: Director, Office of Hearings and Appeals. Applications for (PODRA), Office of Enforcement, 9 DOE Refund from the crude oil funds should Implementation of Special Refund ¶ 82,508 (1981), and Office of Enforcement, 8 be clearly labeled ‘‘Application for Procedures DOE ¶ 82,597 (1981). Crude Oil Refunds’’ and should be Names of Firms: King Petroleum, Inc., et al.; III. The Proposed Decision and Order mailed to Subpart V Crude Oil Billy Bridewell, William J. Cobb, et al. Overcharge Refunds, Office of Hearings Date of Filing: May 26, 1994 We considered the ERA’s Petition that we and Appeals, Department of Energy, Case Numbers: LEF–0125; LEF–0126 implement a Subpart V proceeding with 1000 Independence Avenue, S.W., On May 26, 1994, the Economic Regulatory respect to the King and Bridewell funds and determined that such a proceeding was Washington, D.C. 20585. Applications Administration (ERA) of the Department of Energy (DOE) filed a Petition for the appropriate. On August 8, 1994, we issued a for Refund must be filed in duplicate no Proposed Decision and Order (PDO) setting later than June 3, 1996. Any party who Implementation of Special Refund Procedures with the Office of Hearings and forth the OHA’s tentative plan to distribute has previously filed an Application for Appeals (OHA), to distribute funds which these funds. See 59 FR 41755 (August 15, Refund should not file another King Petroleum, Inc., et al., (King) and Billy 1994). In the PDO, we stated that the DOE Application for Refund from the present Bridewell, William J. Cobb, et al., (Bridewell) had previously established June 30, 1994 as crude oil funds. The previously filed remitted to the DOE pursuant to settlements the final deadline for filing an Application crude oil application will be deemed between the parties and the DOE. King has for Refund from the crude oil funds. See 58 filed in all crude oil proceedings as the remitted a total of $1,245.04, while Bridewell FR 26318 (May 3, 1993). Since the PDO was issued after June 30, 1994, we proposed that procedures are finalized. has remitted a total of $337,022.86. In accordance with the procedural we would accept no Applications for Refund FOR FURTHER INFORMATION CONTACT: regulations codified at 10 CFR. part 205, for the King and Bridewell funds. Thomas O. Mann, Deputy Director, subpart V (Subpart V), the ERA requests in Since the issuance of the Proposed Roger Klurfeld, Assistant Director, its Petition that the OHA establish special Decision and Order, it has been decided to Office of Hearings and Appeals, 1000 refund procedures to remedy the effects of re-open the crude oil proceeding. See 59 FR Independence Avenue, S.W., any regulatory violations which were 55656 (November 8, 1994). The new closing Washington, DC 20585 (202) 586–2094 resolved by these settlements. This Decision date for this proceeding has been tentatively (Mann); 586–2383 (Klurfeld). and Order sets forth the OHA’s final plan to set for June 3, 1996. Id. Accordingly, we have distribute these funds. decided that, contrary to the Proposed SUPPLEMENTARY INFORMATION: In Decision and Order issued on August 15, accordance with 10 CFR 205.282(c), I. Background 1994, we will accept Applications for Refund notice is hereby given of the issuance of On July 29, 1988, the DOE issued a for the King and Bridewell funds in the the Decision and Order set out below. Remedial Order to King for violations of the manner set forth below. The Decision and Order sets forth the mandatory petroleum price and allocation IV. The Refund Procedures procedures that the DOE has formulated regulations governing the resale of crude oil. A. Crude Oil Refund Policy to distribute a total of $338,267.90, plus Prior to the issuance of the Remedial Order, accrued interest, remitted to the DOE by the parties filed in appropriate courts for We adopt the tentative determination of King Petroleum, Inc., et al., and Billy protection under Chapter 7 of the U.S. the PDO to distribute the funds obtained Bankruptcy Code. Pursuant to the settlement from King and Bridewell in accordance with Bridewell, William J. Cobb, et al., to the of those proceedings, the DOE has collected the DOE’s Modified Statement of DOE. The DOE is currently holding a total of $1,245.04. These funds are being Restitutionary Policy in Crude Oil Cases, 51 these funds in an interest bearing held in an interest-bearing escrow account FR 27899 (August 4, 1986) (the MSRP). The account pending distribution. maintained at the Department of the Treasury MSRP was issued as a result of a court- The OHA will distribute these funds pending a determination regarding their approved Settlement Agreement. In re: The in accordance with the DOE’s Modified proper disposition. Department of Energy Stripper Well Statement of Restitutionary Policy in On March 23, 1984, the DOE issued a Exemption Litigation, 653 F. Supp. 108 (D. Crude Oil Cases, 51 FR 27899 (August Remedial Order to Bridewell for violations of Kan.), 6 Fed. Energy Guidelines ¶ 90,509 4, 1986) (the MSRP). Under the MSRP, the mandatory petroleum price and (1986) (the Stripper Well Settlement allocation regulations related to Bridewell’s Agreement). The MSRP establishes that 40 crude oil overcharge monies are divided production and sale of crude oil during the percent of the crude oil funds will be among the federal government, the period of November 16, 1973 through August remitted to the federal government, another states, and injured purchasers of refined 31, 1976. The matter was referred to the 40 percent to the states, and up to 20 percent petroleum products. Refunds to the Department of Justice for enforcement in may be initially reserved for payment of states will be distributed in proportion April 1976. On February 15, 1987, the parties claims to injured parties. The MSRP also 7194 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices specifies that any monies remaining after all submit evidence of injury, and may become operated under more than one name or under valid claims by injured purchasers are paid eligible for a refund by simply documenting a different name during the price control be disbursed to the federal government and their purchase volumes. See Shell, 17 DOE at period, the applicant should specify these the states in equal amounts. 88,406. names; The OHA has utilized the MSRP in all Petroleum retailer, refiner, and reseller (2) If the applicant’s firm is owned by Subpart V proceedings involving alleged applicants must submit detailed another company, or owns other companies, crude oil violations. See Order Implementing documentation of injury. They may not rely a list of those companies’ names, addresses, the MSRP, 51 FR 29689 (August 20, 1986). upon the injury presumptions utilized in and descriptions of their relationship to the This Order provided a period of 30 days for some refined products refund cases. Id. applicant’s firm; filing of comments or objections to our These applicants may, however, use (3) A brief description of the claimant’s proposed use of the MSRP as the groundwork econometric evidence of the type found in business and the manner in which it used the for evaluating claims in crude oil refund the OHA Report on Stripper Well petroleum products listed on its application; proceedings. Following this period, the OHA Overcharges, 6 Fed. Energy Guidelines (4) A statement identifying the petroleum issued a Notice evaluating the numerous ¶ 90,507 (1985). See also PODRA products which the applicant purchased comments which it had received pursuant to § 3003(b)(2), 15 U.S.C. § 4502(b)(2). If a during the period August 19, 1973 through the Order Implementing the MSRP. This claimant has executed and submitted a valid January 27, 1981, an annual schedule notice was published at 52 FR 11737 (April waiver pursuant to one of the escrows displaying the number of gallons of each 10, 1987) (the April 10 Notice). established by the Stripper Well Agreement, petroleum product purchased during this The April 10 Notice contained guidance to it has waived its right to file an application refund period, and the total number of assist potential claimants wishing to file for Subpart V crude oil refund monies. See gallons of all petroleum products claimed on refund applications for crude oil monies Mid-America Dairymen v. Herrington, 878 the refund application; under the Subpart V regulations. Generally, F.2d 1448 (Temp. Emer. Ct. App.), 3 Fed. (5) An explanation as to how the applicant all claimants would be required to (1) Energy Guidelines ¶ 26,617 (1989); In re: obtained the above mentioned purchase document their purchase volumes of Department of Energy Stripper Well volumes, and, if estimates were used, a petroleum products during the August 19, Exemption Litigation, 707 F. Supp. 1267 (D. description of its method of estimation; 1973 through January 27, 1981 crude oil Kan.), 3 Fed. Energy Guidelines ¶ 26,613 (6) A statement that neither the claimant, price control period, and (2) show that they (1987). its parent firm, affiliates, subsidiaries, were injured by the alleged crude oil As we have stated in prior Decisions, a successors, nor assigns has waived any right overcharges. We also specified that end-users crude oil refund applicant need only submit it may have to receive a crude oil refund (e.g., of petroleum products whose businesses one application for its share of all available by having executed and submitted a valid were unrelated to the petroleum industry crude oil overcharge funds. See, e.g., A. waiver accompanying a claim to any of the will be presumed to have been injured by the Tarricone, Inc., 15 DOE ¶ 85,495 (1987). A escrow accounts established pursuant to the alleged crude oil overcharges. End-users, party that has already submitted a claim in Stripper Well Settlement Agreement); therefore, need only submit documentation any other crude oil refund proceeding (7) A statement that the applicant has not of their purchase volumes. See City of implemented by the DOE need not file filed any other refund application in the Columbus, Georgia, 16 DOE ¶ 85,550 (1987). another claim. The prior application will be Subpart V crude oil refund proceeding; Additionally we stated that we would deemed to be filed in all crude oil refund (8) If the applicant is not an end-user, was calculate crude oil refunds on a per gallon (or proceedings finalized to date. covered by the DOE price regulations, or is volumetric) basis. We obtained this figure by The DOE had previously established June related to the petroleum industry, a showing dividing the crude oil refund pool by the 30, 1994 as the final deadline for filing an that the applicant was injured by the alleged total consumption of petroleum products in Application for Refund from the crude oil crude oil overcharges; the United States during the crude oil price funds. See 58 FR 26318 (May 3, 1993). (9) If the applicant is a regulated utility or control period. The OHA has adopted the Although that date has passed, it has been cooperative, certification that it will pass on refund procedures outlined in the April 10 decided to reopen the crude proceeding. See the entirety of any refund received to its Notice in numerous cases. See e.g., Shell Oil 59 FR 55656 (November 8, 1994). The new customers, will notify its state utility Co., 17 DOE ¶ 85,204 (1988) (Shell); closing date for this proceeding has commission, other regulatory agency, or Mountain Fuel Supply Co., 14 DOE ¶ 85,475 tentatively been set for June 3, 1996. Id. It is membership body of the receipt of any (1986) (Mountain Fuel). the policy of the DOE to pay all crude oil refund, and a brief description as to how the B. Refund Claims refund claims at the rate of $.0008 per gallon. refund will be passed along; While we anticipate that the applicants that (10) The statement listed below signed by These standard crude oil procedures will filed their claims before June 30, 1988 will the individual applicant or responsible be used to distribute the monies in the King receive a supplemental refund payment, we official of the company filing the refund and Bridewell funds. We have chosen will decide in the future whether claimants application: initially to reserve 20 percent of these funds, that filed later applications should receive I swear (or affirm) that the information $67,653.38, plus accrued interest, for direct additional refunds. See e.g., Seneca Oil Co., contained in this application and its refunds to claimants in order to ensure 21 DOE ¶ 85,327 (1991). Notice of any attachments is true and correct to the best of sufficient funds will be available for injured additional amounts available in the future my knowledge and belief. I understand that parties. This reserve figure may later be will be published in the Federal Register. anyone who is convicted of providing false reduced if circumstances warrant. C. Crude Oil Application Requirements information to the federal government may The OHA will evaluate crude oil refund be subject to a fine, a jail sentence, or both, claims filed in this proceeding in a manner To apply for a crude oil refund, a claimant consistent with our previous crude oil refund should submit an Application for Refund proceedings under Subpart V. See Mountain containing all of the following information. applicant is voluntary. An applicant that does not (1) Identifying information including the wish to submit a social security number must Fuel, 14 DOE at 88,869. Claimants in this submit an employer identification number if one proceeding will be required to document claimant’s name, current business address, exists. This information will be used in processing their purchase volumes of petroleum business address during the refund period, refund applications, and is requested pursuant to products and prove that they were injured as taxpayer identification number, a statement our authority under the Petroleum Overcharge a result of the overcharges. indicating whether the claimant is a Distribution and Restitution Act of 1986 and the We adopt a presumption that the crude oil corporation, partnership, sole proprietorship, regulations codified at 10 C.F.R. part 205, subpart overcharges were absorbed, rather than or other business entity, the name, title, and V. The information may be shared with other passed on, by applicants which were (1) end- telephone number of a person to contact for federal agencies for statistical, auditing, or users of petroleum products, (2) unrelated to any additional information, and the name archiving purposes, and with law enforcement and address of the person who should agencies when they are investigating a potential the petroleum industry, and (3) not subject to violation of civil or criminal law. Unless an the regulations promulgated under the receive any refund check.* If the applicant applicant claims confidentiality, this information Emergency Petroleum Allocation Act of 1973 will be available to the public in the Public (EPAA), 15 U.S.C. 751–760h. Under this * Under the Privacy Act of 1974, the submission Reference Room of the Office of Hearings and presumption, end-user claimants need not of a social security number by an individual Appeals. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7195 pursuant to 18 U.S.C. 1001. I understand that (4) The Director of Special Accounts and Washington, D.C. 20585 (202) 586–2094 the information contained in this application Payroll shall transfer $135,307.16 (plus (Mann); 586–2383 (Klurfeld). is subject to public disclosure. I have interest) of the funds obtained pursuant to SUPPLEMENTARY INFORMATION: In enclosed a duplicate of this entire Paragraph (3) above into the subaccount application which will be placed in the OHA denominated ‘‘Crude Tracking-States,’’ accordance with 10 C.F.R. 205.282(b), Public Reference Room. Number 999DOE003W. notice is hereby given of the issuance of All applications should be either typed or (5) The Director of Special Accounts and the Decision and Order set out below. printed and clearly labeled ‘‘Application for Payroll shall transfer $135,307.16 (plus The Decision and Order sets forth the Crude Oil Refund.’’ Each applicant must interest) of the funds obtained pursuant to procedures that the DOE has formulated submit an original and one copy of the Paragraph (3) above into the subaccount to distribute to eligible claimants application. If the applicant believes that any denominated ‘‘Crude Tracking-Federal,’’ $3,657.84, plus accrued interest, of the information in its application is Number 999DOE002W. obtained by the DOE pursuant to confidential and does not wish for this (6) The Director of Special Accounts and information to be publicly disclosed, it must September 30, 1981 and April 27, 1982 Payroll shall transfer $67,653.58 (plus Remedial Orders. In the Remedial submit an original application, clearly interest) of the funds obtained pursuant to designated ‘‘confidential,’’ containing the Paragraph (3) above into the subaccount Orders, the DOE found that, during confidential information, and two copies of denominated ‘‘Crude Tracking-Claimants 4,’’ periods beginning August 1, 1979, the the application with the confidential Number 999DOE010Z. firms each had sold motor gasoline at information deleted. All refund applications Dated: February 1, 1995. prices in excess of the maximum lawful should be sent to: Subpart V Crude Oil selling price, in violation of Federal George B. Breznay, Overcharge Refunds, Office of Hearings and petroleum price regulations. Appeals, Department of Energy, 1000 Director, Office of Hearings and Appeals. The OHA has determined to distribute Independence Ave., S.W., Washington, DC [FR Doc. 95–3020 Filed 2–6–95; 8:45 am] the funds obtained from the firms in two 20585. BILLING CODE 6450±01±M The filing deadline has not yet been set. stages. In the first stage, we will accept The DOE has proposed that June 3, 1996, will claims from identifiable purchasers of be the final deadline for all applications in gasoline from the firms who may have the crude oil proceeding. See 59 Fed. Reg. Implementation of Special Refund been injured by overcharges. The 55656 (November 8, 1994). Notice of the final Procedures specific requirements which an deadline will appear in the Federal Register. AGENCY: Office of Hearings and Appeals, applicant must meet in order to receive Even though an applicant is not required to Department of Energy. a refund are set out in Section III of the use any specific form for its crude oil refund Decision. Claimants who meet these application, a suggested form has been ACTION: Notice of Implementation of specific requirements will be eligible to prepared by the OHA and may be obtained Special Refund Procedures. by sending a written request to the address receive refunds based on the number of listed above. SUMMARY: The Office of Hearings and gallons of gasoline which they D. Payments to the Federal Government and Appeals (OHA) of the Department of purchased from Ed’s Exxon or Ron’s the States Energy (DOE) announces the procedures Shell. for disbursement of $3,657.84, plus If any funds remain after valid claims Under the terms of the MSRP, we have are paid in the first stage, they may be determined that the remaining 80 percent of accrued interest, in refined petroleum the Kind and Bridewell funds, plus accrued product violation amounts obtained by used for indirect restitution in interest, should be disbursed in equal shares the DOE pursuant to a September 30, accordance with the provisions of the to the states and the federal government for 1981 Remedial Order issued to Ed’s Petroleum Overcharge Distribution and indirect restitution. Refunds to the states will Exxon, Case No. LEF–0078, and an Restitution Act of 1986 (PODRA), 15 be in proportion to the consumption of April 27, 1982 Remedial Order issued to U.S.C. 4501–07. petroleum products in each state during the Ron’s Shell, Case No. LEF–0084. The Applications for Refund must be period of price controls. The share or ratio of OHA has determined that the funds postmarked by August 31, 1995. the funds which each state will receive is Instructions for the completion of contained in Exhibit H of the Stripper Well obtained from the above firms, plus Settlement Agreement, 6 Fed. Energy accrued interest, will be distributed to refund applications are set forth in the Guidelines ¶ 90,509 at 90,687. When customers who purchased gasoline from Decision that immediately follows this disbursed, these funds will be subject to the them during the following periods: notice. Applications should be sent to same limitations and reporting requirements August 1, 1979 through October 31, the address listed at the beginning of as all other crude oil monies received by the 1979 in the Ed’s Exxon proceeding and this notice. states under the Stripper Well Settlement August 1, 1979 through November 13, Unless labelled as ‘‘confidential,’’ all Agreement. 1981 in the Ron’s Shell proceeding. submissions must be made available for It Is Therefore Ordered That: public inspection between the hours of DATES AND ADDRESSES: Applications (1) Applications for Refund from the crude 1 p.m. and 5 p.m., Monday through oil overcharge funds remitted by King must be filed in duplicate, addressed to Friday, except federal holidays, in the Petroleum, Inc., et al., and Billy Bridewell, ‘‘Ed’s Exxon OR Ron’s Shell Special Public Reference Room of the Office of William J. Cobb, et al., may now be filed. Refund Proceeding’’ and sent to: Office Hearings and Appeals, located in Room (2) All Applications submitted pursuant to of Hearings and Appeals, Department of 1E–234, 1000 Independence Avenue, paragraph (1) must be filed in duplicate and Energy, 1000 Independence Ave., S.W., postmarked no later than June 3, 1996. S.W., Washington, DC 20585. (3) The Director of Special Accounts and Washington, DC 20585. Dated: January 27, 1995. Payroll, Office of Departmental Accounting Applications should display a and Financial Systems Development, Office prominent reference to the case number George B. Breznay, of the Controller of the Department of Energy ‘‘LEF–0078’’ (for the Ed’s Exxon Director, Office of Hearings and Appeals. shall take all steps necessary to transfer proceeding) or ‘‘LEF–0084’’ (for the Decision and Order of the Department of $1,245.04, plus all accrued interest, from the Ron’s Shell proceeding). Energy; Implementation of Special Refund King subaccount (Account No. 650X00358Z), FOR FURTHER INFORMATION CONTACT: Procedures and $337,022.86, plus all accrued interest, from the Bridewell subaccount (Account No. Thomas O. Mann, Deputy Director, January 27, 1995. 6A0C00217Z), for a total of $338,267.90, plus Roger Klurfeld, Assistant Director, Names of Firms: Ed’s Exxon, Ron’s Shell all accrued interest, pursuant to Paragraphs Office of Hearings and Appeals, 1000 Date of Filing: July 20, 1993 (4), (5), and (6) of this Decision. Independence Avenue, S.W., Case Numbers: LEF–0078, LEF–0084 7196 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices On July 20, 1993, the Economic Regulatory We have considered the ERA’s petition that information, a volumetric refund is Administration (ERA) of the Department of we implement Subpart V proceedings with appropriate because the DOE price Energy (DOE) filed a Petition for the respect to the above remedial order funds regulations generally required a regulated Implementation of Special Refund and have determined that such proceedings firm to account for increased costs on a firm- Procedures with the Office of Hearings and are appropriate. This Decision and Order sets wide basis in determining its prices. Appeals (OHA), to distribute the funds forth the OHA’s plan to distribute these Under the volumetric approach, a received pursuant to Remedial Orders issued funds. claimant’s ‘‘allocable share’’ of a Remedial by the DOE to Ed’s Exxon of Cotati, III. Proposed Refund Procedures Order fund is equal to the number of gallons California, and Ron’s Shell of Danville, purchased from the remedial order firm California (hereinafter jointly referred to as On December 14, 1994, the OHA issued a during the period covered by that Remedial the remedial order firms). In accordance with Proposed Decision & Order (PD&O) Order times the per gallon refund amount.5 establishing tentative procedures to the provisions of the procedural regulations We derived the per gallon refund figures by distribute the Remedial Order funds. That at 10 C.F.R. Part 205, Subpart V (Subpart V), dividing the amount of each Remedial Order PD&O was published in the Federal Register, the ERA requests in its Petition that the OHA fund by the total volume of gasoline which and a 30-day period was provided for the establish special procedures to make refunds each remedial order firm sold during the submission of comments regarding our in order to remedy the effects of regulatory period specified in that Remedial Order. An proposed refund plan. See 59 Fed. Reg. violations set forth in the Remedial Order. applicant that establishes its eligibility for a 66029 (December 22, 1994). More than 30 This Decision and Order sets forth the OHA’s refund will receive all or a portion of its days have elapsed and the OHA has received plan to distribute these funds. allocable share plus a pro-rata share of the no comments concerning these proposed accrued interest.6 I. Background refund procedures. Consequently, the In addition to the volumetric presumption, procedures will be adopted as proposed. Each of the remedial order firms was a we will adopt a presumption regarding injury We will to implement a two-stage refund retailer of motor gasoline during the periods for end-users. procedure for distribution of the remedial relevant to this proceeding. The ERA issued 2. End-Users order funds, by which purchasers of gasoline Proposed Remedial Orders (PROs) to each of from the remedial order firms during the In accordance with prior Subpart V the firms.1 The PROs alleged that, during period covered by the Remedial Orders may proceedings, we will adopt the presumption separate periods beginning on August 1, submit Applications for Refund in the initial that an end-user or ultimate consumer of 1979, the remedial order firms had: stage. From our experience with Subpart V gasoline purchased from one of the remedial charged more than the maximum lawful proceedings, we expect that potential order firms whose business is unrelated to selling price for one or more grades of applicants generally will be limited to the petroleum industry was injured by the gasoline in violation of 10 C.F.R. 212.93; ultimate consumers (‘‘end-users’’). Therefore, overcharges resolved by the Remedial Order. failed to post and maintain the maximum we do not anticipate that it will be necessary See, e.g., Texas Oil and Gas Corp., 12 DOE lawful selling price or a proper certification to employ the injury presumptions that we ¶ 85,069 at 88,209 (1984) (TOGCO). Members in violation of 10 C.F.R. 212.129; failed to have used in past proceedings in evaluating of this group generally were not subject to keep and maintain books and records to applications submitted by refiners, resellers, price controls during the period covered by support the lawfulness of the price for and retailers.3 the Remedial Order, and were not required gasoline on the audit date in violation of 10 to keep records which justified selling price C.F.R. 210.92 and 212.93; and/or engaged in A. First Stage Refund Procedures increases by reference to cost increases. unlawful or discriminatory business In order to receive a refund, each claimant Consequently, analysis of the impact of the practices in violation of 10 C.F.R. 210.62. will be required to submit a schedule of its overcharges on the final prices of goods and After considering and dismissing the firms’ monthly purchases of gasoline from the services produced by members of this group objections to the PROs, the DOE issued final remedial order firm during the period would be beyond the scope of the refund Remedial Orders. Ed’s Exxon, 8 DOE ¶ 83,035 covered by the Remedial Order. Our proceeding. Id. End-users of gasoline (1981); Alameda Chevron Service, et al., 9 experience indicates that the use of certain purchased from the remedial order firms DOE ¶ 83,027 (1982).2 Each of the firms has presumptions permits claimants to need only document their purchase volumes from the firm during the period covered by since remitted a specified amount in participate in the refund process without the Remedial Order to make a sufficient compliance with the Remedial Orders, to incurring inordinate expense and ensures showing that they were injured by the which interest has since accrued. These that refund claims are evaluated in the most overcharges. funds are being held in an interest-bearing efficient manner possible. See Marathon escrow account maintained at the Petroleum Co., 14 DOE ¶ 85,269 (1986) B. Refund Application Requirements Department of the Treasury pending a (Marathon). Presumptions in refund cases are To apply for a refund from any of the determination regarding their proper specifically authorized by the applicable Remedial Order funds, a claimant should distribution. Subpart V regulations at 10 C.F.R. submit an Application for Refund containing § 205.282(e). Accordingly, we will adopt the all of the following information: II. Jurisdiction and Authority presumptions set forth below. The Subpart V regulations set forth general 1. Calculation of Refunds overcharges. See, e.g., Mobil Oil Corp./Atchison, guidelines which may be used by the OHA First, we will adopt a presumption that the Topeka and Santa Fe Railroad Co., 20 DOE ¶ 85,788 in formulating and implementing a plan of (1990); Mobil Oil Corp./Marine Corps Exchange distribution of funds received as a result of overcharges were dispersed equally in all of Service, 17 DOE ¶ 85,714 (1988). Such a claim will an enforcement proceeding. The DOE policy the remedial order firms’ sales of gasoline only be granted if the claimant makes a persuasive is to use the Subpart V process to distribute during the period covered by the Remedial showing that it was ‘‘overcharged’’ by a specific such funds. For a more detailed discussion Orders. In accordance with this presumption, amount, and that it absorbed those overcharges. See of Subpart V and the authority of the OHA refunds will be made on a pro-rata or Panhandle Eastern Pipeline Co./Western Petroleum volumetric basis.4 In the absence of better Co., 19 DOE ¶ 85,705 (1989). To the degree that a to fashion procedures to distribute refunds, claimant makes this showing, it will receive an see Petroleum Overcharge Distribution and above-volumetric refund. 3 Restitution Act of 1986, 15 U.S.C. §§ 4501 et If a refiner, reseller, or retailer should file an 5 The per gallon refund amount is $0.0251 for seq., Office of Enforcement, 9 DOE ¶ 82,508 application in any of the refund proceedings, claimants applying in the Ed’s Exxon proceeding (1981), and Office of Enforcement, 8 DOE however, we will utilize the standards and ($2,500 remitted/99,651 gallons sold), $0.0072 in ¶ 82,597 (1981) (Vickers). appropriate presumptions established in previous the Ron’s Shell proceeding ($1,157.84 remitted/ proceedings. See, e.g., Starks Shell Service, 23 DOE 160,777.9 gallons sold). ¶ 85,017 (1993); Shell Oil Co., 18 DOE ¶ 85,492 6 As in previous cases, we will establish a 1 Ed’s Exxon was issued a PRO on January 25, (1989). minimum refund amount of $15. We have found 1980; Ron’s Shell was issued a PRO on December 4 If an individual claimant believes that it was through our experience that the cost of processing 31, 1980. injured by more than its volumetric share, it may claims in which refunds for amounts less than $15 2 A Remedial Order was issued to Ed’s Exxon on elect to forego this presumption and file a refund are sought outweighs the benefits of restitution in September 30, 1981. A Remedial Order was issued application based upon a claim that it suffered a those instances. See Exxon Corp., 17 DOE ¶ 85,590, to Ron’s Shell on April 27, 1982. disproportionate share of the remedial firm’s at 89,150 (1988) (Exxon). Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7197 (1) Identifying information including the official of the firm filing the refund use in four energy conservation programs. claimant’s name, current business address, application: The Secretary has delegated these business address during the refund period, I swear (or affirm) that the information responsibilities to the OHA, and any funds in taxpayer identification number, a statement contained in this application and its the Remedial Order funds that the OHA indicating whether the claimant is an attachments is true to the best of my determines will not be needed to effect direct individual, corporation, partnership, sole knowledge and belief. I understand that restitution to injured customers will be proprietorship, or other business entity, the anyone who is convicted of providing false distributed in accordance with the provisions name, title, and telephone number of a information to the federal government may of PODRA. person to contact for additional information, be subject to a fine, a jail sentence, or both, It Is Therefore Ordered That: (1) and the name and address of the person who pursuant to 18 U.S.C. § 1001. I understand Applications for Refund from the funds should receive any refund check.7 If the that the information contained in this remitted to the Department of Energy by Ed’s applicant operated under more than one application is subject to public disclosure. I Exxon and Ron’s Shell pursuant to the name or under a different name during the have enclosed a duplicate of this entire Remedial Orders dated September 30, 1981 price control period, the applicant should application which will be placed in the OHA and April 27, 1982 may now be filed. specify those names; Public Reference Room. (2) Applications for Refund must be (2) A monthly purchase schedule covering All applications should be either typed or postmarked no later than August 31, 1995. the relevant Remedial Order period.8 The printed and clearly labeled ‘‘Ed’s Exxon Dated: January 27, 1995. applicant should specify the source of this (Case No. LEF–0078) OR Ron’s Shell (Case George B. Breznay, gallonage information. In calculating its No. LEF–0084) Special Refund Proceeding.’’ Director, Office of Hearings and Appeals. purchase volumes, an applicant should use Each applicant must submit an original and [FR Doc. 95–3012 Filed 2–6–95; 8:45 am] actual records from the refund period, if one copy of the application. If the applicant available. If these records are not available, believes that any of the information in its BILLING CODE 6450±01±P the applicant may submit estimates of its application is confidential and does not wish gasoline purchases, but the estimation for that information to be publicly disclosed, method must be reasonable and must be it must submit an original application, ENVIRONMENTAL PROTECTION explained. clearly designated ‘‘confidential,’’ containing AGENCY (3) A statement whether the applicant or a the confidential information, and two copies related firm has filed, or has authorized any of the application with the confidential [FRL-5150±8] individual to file on its behalf, any other information deleted. All refund applications application in that refund proceeding. If so, should be postmarked on or before August Notice of Open Meeting of the an explanation of the circumstances of the 31, 1995 and sent to: Ed’s Exxon OR Ron’s Alternative Financing Workgroup of other filing or authorization should be Shell Special Refund Proceeding, Office of the Environmental Financial Advisor submitted; Hearings and Appeals, Department of Energy, Board on April 25,1995 (4) If the applicant is or was in any way 1000 Independence Ave., S.W., Washington, affiliated with the remedial order firm, it D.C. 20585. The Alternative Financing Workgroup should explain this affiliation, including the of the Environmental Financial time period in which it was affiliated.9 C. Refund Applications Filed by Advisory Board (EFAB) will hold an Representatives (5) The statement listed below signed by open workgroup meeting on fee system the individual applicant or a responsible We will adopt the standard OHA options for raising revenue to finance procedures relating to refund applications water and wastewater infrastructure. 7 Under the Privacy Act of 1974, the submission filed on behalf of applicants by of a social security number by an individual ‘‘representatives,’’ including refund filing The meeting is scheduled for April 25, applicant is voluntary. An applicant that does not services, consulting firms, accountants, and 1995 in Ballroom ‘‘A’’ of the Sheraton submit a social security number must submit an attorneys. See, e.g., Starks Shell Service, 23 Crystal City Hotel located at 1800 employer identification number if one exists. This DOE ¶ 85,017 (1993); Texaco Inc., 20 DOE Jefferson Davis Highway, Arlington, information will be used in processing refund applications, and is requested pursuant to our ¶ 85,147 (1990); Shell Oil Co., 18 DOE Virginia. The meeting will begin at 8:30 authority under the Petroleum Overcharge ¶ 85,492 (1989). We will also require strict a.m. and adjourn at 5:00 p.m. Distribution Act of 1986 and the regulations compliance with the filing requirements as EFAB is chartered with providing codified at 10 C.F.R. Part 205, Subpart V. The specified in 10 C.F.R. § 205.283, particularly authoritative analysis and advice to the information may be shared with other Federal the requirement that applications and the Environmental Protection Agency (EPA) agencies for statistical, auditing or archiving accompanying certification statement be purposes, and with law enforcement agencies when signed by the applicant. on environmental finance issues. The they are investigating a potential violation of civil The OHA reiterates its policy to scrutinize purpose of the workgroup meeting is to or criminal law. Unless an applicant claims take comments on a draft options paper confidentiality, this information will be available to applications filed by filing services closely. the public in the Public Reference Room of the Applications submitted by a filing service on fee systems for raising revenue to Office of Hearings and Appeals. should contain all of the information finance water and wastewater 8 The Remedial Orders cover the following indicated above. infrastructure. The scope of the study periods: August 1, 1979 through October 31, 1979 Finally, the OHA reserves the authority to includes national and state fees, in the Ed’s Exxon proceeding and August 1, 1979 require additional information before collection and delivery mechanisms, through November 13, 1981 in the Ron’s Shell granting any refund in these proceedings. and state fees, collection and delivery proceeding. Applications lacking the required 9 As in other refund proceedings involving information may be dismissed or denied. mechanisms, and eligibilities. This alleged refined product violations, the DOE will paper is being prepared in response to presume that affiliates of the remedial order firm D. Distribution of Funds Remaining After a congressional request for an were not injured by the firm’s overcharges. See, e.g., First Stage Marathon Petroleum Co./EMRO Propane Co., 15 evaluation of alternative financing DOE ¶ 85,288 (1987). This is because the remedial Any funds that remain after all first stage options in EPA’s FY 95 appropriations order firm presumably would not have sold claims have been decided shall be distributed bill. A critical part of the development petroleum products to an affiliate if such a sale in accordance with the provisions of the process is to solicit and consider public would have placed the purchaser at a competitive Petroleum Overcharge Distribution and comment. This is the first of several disadvantage. See Marathon Petroleum Co./Pilot Oil Restitution Act of 1986 (PODRA), 15 U.S.C. Corp., 16 DOE ¶ 85,611 (1987), amended claim § 4501–07. PODRA requires that the meetings serving that purpose. denied, 17 DOE ¶ 85,291 (1988), reconsideration Secretary of Energy determine annually the The draft options paper is being denied, 20 DOE ¶ 85,236 (1990). Furthermore, if an amount of oil overcharge funds that will not developed by the Environmental affiliate of the remedial order firm were granted a Finance Center (EFC) of the Maxwell refund, the remedial order firm would be indirectly be required to refund monies to injured compensated from a Remedial Order fund remitted parties in Subpart V proceedings and make School of Citizenship and Public Affairs to settle its own alleged violations. those funds available to state governments for at Syracuse University. The draft will be 7198 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices available in early April for public Waste Management Division, 345 navigation hazard information for high review before the meeting. Courtland Street, N.E., Atlanta, Georgia towers. This information is used to At the meeting on April 25, 1995, a 30365, (404) 347–5059 ext. 6188. assure compliance with the brief presentation of the draft options Written comment may be submitted to Commission’s allocation scheme for will be followed by a panel discussion. the person above within 30 days of the microwave frequencies. The workgroup will then take comments date of publication. Federal Communications Commission. from the public on the options Dated: January 25, 1995. William F. Caton, presented. H. Kirk Lucius, All interested parties who wish to Acting Secretary. have a copy of the draft options paper Acting Director, Waste Management Division. [FR Doc. 95–2880 Filed 2–6–95; 8:45 am] should contact the Syracuse University [FR Doc. 95–2982 Filed 2–6–95; 8:45 am] BILLING CODE 6712±01±F EFC in the Executive Education BILLING CODE 6560±50±M Department. Please call Ronda Garlow at (315) 443–5612. Those who wish to FEDERAL DEPOSIT INSURANCE speak at the meeting are encouraged to FEDERAL COMMUNICATIONS CORPORATION notify the Syracuse University EFC in COMMISSION advance by calling Ms. Garlow. There Privacy Act of 1974; Proposed New will also be a sign-in list for speakers at Public Information Collection System of Records Requirement Submitted to Office of the meeting. Ten minutes will be AGENCY: Federal Deposit Insurance Management and Budget for Review available for each presentation. Written Corporation (FDIC). comments in advance of the meeting are January 31, 1995. ACTION: Notice of proposed new system encouraged. Please send all written The Federal Communications of records—‘‘Unclaimed Deposits material to: Victoria Kennedy, Syracuse Commission has submitted the Reporting System’’. University, Environmental Finance following information collection SUMMARY: Center, 219 Maxwell Hall, Syracuse, NY requirements to OMB for review and In accordance with the 13244–1090. clearance under the Paperwork Privacy Act of 1974, 5 U.S.C. 552a, the FDIC gives notice of the proposed Dated: February 1, 1995. Reduction Act of 1980 (44 U.S.C. 3507). establishment of a new system of George Ames, Copies of these submissions may be purchased from the Commission’s copy records entitled ‘‘Unclaimed Deposits Acting Director, Resource Management Reporting System’’. Division. contractor, International Transcription DATES: Comments on the establishment [FR Doc. 95–2981 Filed 2–6–95; 8:45 am] Service, Inc., 2100 M Street, NW, Suite of the system must be submitted by BILLING CODE 6560±60±M 140, Washington, DC 20037, (202) 857– 3800. For further information on this March 20, 1995. The system will submission contact Dorothy Conway, become effective April 3, 1995, unless a [FRL±5150±6] Federal Communications Commission, superseding notice to the contrary is (202) 418–0217 or via internet at published before that date. Peak Oil Superfund Site; Notice of [email protected]. Persons wishing ADDRESSES: Comments should be Proposed de Minimis Settlement to comment on this information addressed to Robert E. Feldman, Acting AGENCY: Environmental Protection collection should contact Timothy Fain, Executive Secretary, Federal Deposit Agency. Office of Management and Budget, Insurance Corporation, 550–17th Street, NW., Washington, DC 20429, or hand- ACTION: Notice of proposed de minimis Room 10214 NEOB, Washington, DC delivered to Room F–400 at 1776 F settlement. 20503, (202) 395–3561. OMB Number: 3060–0272. Street, NW., Washington, DC, Monday SUMMARY: Under Section 122(g)(4) of the Title: Section 94.31 Supplemental through Friday, between the hours of 9 Comprehensive Environmental information submitted with a.m. and 5 p.m. Response, Compensation and Liability applications. FOR FURTHER INFORMATION CONTACT: Act (CERCLA), the Environmental Action: Extension of a currently Frederick N. Ottie, Attorney, Office of Protection Agency (EPA) has offered approved collection. the Executive Secretary, FDIC, 550–17th approximately 700 de minimis parties at Respondents: Businesses or other for- Street, NW., Washington, DC 20429, the Peak Oil Superfund Site (Site) an profit; Not-for-profit institutions; and (202) 898–6679. opportunity to enter into an State, Local or Tribal Governments. SUPPLEMENTARY INFORMATION: The FDIC Administrative Order on Consent (AOC) Frequency of Response: On occasion. is proposing to establish a new system to settle claims for past and future Estimated Annual Burden: 4,300 of records pursuant to the Privacy Act response costs at the Site. EPA will responses; 2 hours burden per response; of 1974, 5 U.S.C. 552a, entitled consider public comments on the 8,600 hours total annual burden. ‘‘Unclaimed Deposits Reporting proposed settlement for thirty days. EPA Needs and Uses: Section 94.31 System’’. This new system of records may withdraw from or modify the requires applicants for private will be used by the FDIC in providing proposed settlement should such operational-fixed microwave facilities to expanded protections to insured comments disclose facts or submit supplementary information with depositors under the Unclaimed considerations which indicate the their applications for station Deposits Amendments Act of 1993, Pub. proposed settlement is inappropriate, authorization. Information required L. No. 103–44, 107 Stat. 220 (1993), improper, or inadequate. Copies of the includes statements on proposed which amends section 12(e) of the proposed settlement and a list of operational use of the frequencies Federal Deposit Insurance Act (12 proposed settling de minimis parties are requested, as well as a system diagram, U.S.C. 1822(e)). available from: Mr. Greg Armstrong, and, if relevant to the applicant’s The Unclaimed Deposits Enforcement Project Manager, U.S. proposed use of the station, statements Amendments Act extends the period Environmental Protection Agency, regarding developmental operation; during which insured depositors may Region IV, Waste Programs Branch, operation at temporary locations, air claim their deposit insurance, and Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7199 permits the involvement of state CATEGORIES OF RECORDS IN THE SYSTEM: areas which limits access to authorized abandoned property systems to locate Records relating to unclaimed insured personnel only. the owners of unclaimed deposit or transferred deposits from closed RETENTION AND DISPOSAL: insurance. Under prior law, depositors insured depository institutions for If the appropriate state has accepted were required to claim their deposit which the FDIC was appointed receiver ten-year custody of unclaimed deposits, insurance within eighteen months of the after January 1, 1989. closing of an insured depository a record of the deposits will be retained institution. The new law, which applies AUTHORITY FOR MAINTENANCE OF THE SYSTEM: by the FDIC during the custody period, to insured depository institutions for Sections 9, 11, and 12 of the Federal pending return of any deposits not which the FDIC is appointed receiver Deposit Insurance Act (12 U.S.C. 1819, claimed from the state during the ten- after the enactment date of the Act, June 1821, and 1822). year custody period. Such records will 28, 1993, permits state governments to subsequently be destroyed in accept custody of any deposits which ROUTINE USES OF RECORDS MAINTAINED IN THE accordance with the FDIC’s records SYSTEM, INCLUDING CATEGORIES OF USERS AND retention policy in effect at the time of remain unclaimed at the end of eighteen PURPOSES OF SUCH USES: return of any deposits to the FDIC from months and attempt to locate the the state. If the appropriate state has depositors for ten years, at which time Information in this system of records declined to accept custody of unclaimed any remaining deposits are to be may be disclosed: deposits, upon termination of the returned to the FDIC. As to any accounts (1) To the appropriate state accepting receivership of the closed insured which are not accepted by the state, custody of unclaimed deposits as depository institution, records of all those depositors have until the specified in section 12(e)(2)–(3) of the deposit insurance claims paid are termination of the receivership to claim Federal Deposit Insurance Act (12 destroyed in accordance with the FDIC’s their insurance from the FDIC. Congress U.S.C. 1822(e)(2)–(3)); current records retention policy. also included a retroactive provision (2) To a congressional office in response to an inquiry made at the applicable to any insured depository SYSTEM MANAGER(S) AND ADDRESS: request of the individual to whom the institution for which the FDIC was Chief of Policy & Planning, appointed receiver after January 1, 1989. record pertains; and (3) To the appropriate federal, state or Operations Branch, Division of For these institutions, the states are not Depositor and Asset Services, FDIC, permitted to take custody of unclaimed local agency or authority responsible for investigating or prosecuting a violation 550–17th Street, NW., Washington, DC deposits, but the depositors themselves 20429. may claim them directly from the FDIC of, or for enforcing or implementing a at any time up to the termination of the statute, rule, regulation, or order, when NOTIFICATION PROCEDURE: receivership. the information indicates a violation or Requests must be made in writing and potential violation of law, whether civil, addressed to the Office of the Executive The FDIC will use the information criminal, or regulatory in nature, and maintained in the system to respond to Secretary, FDIC, 550–17th Street, NW., whether arising by general statute or Washington, DC 20429. requests for research and/or delivery of particular program statute, or by deposit insurance to a claimant. The regulation, rule or order issued pursuant RECORD ACCESS PROCEDURES: system will consist of records relating to thereto; and Same as ‘‘Notification’’ above. unclaimed insured or transferred (4) To a court, magistrate, or CONTESTING RECORD PROCEDURES: deposits from closed insured depository administrative tribunal in the course of Same as ‘‘Notification’’ above. institutions for which the FDIC was presenting evidence, including appointed receiver after January 1, 1989. disclosures to counsel or witnesses in RECORD SOURCE CATEGORIES: Accordingly, the Board of Directors of the course of civil discovery, litigation, Information originates from deposit the FDIC proposes to establish the or settlement negotiations or in records of closed insured depository system to read as follows: connection with criminal proceedings. institutions. Records of unclaimed transferred deposits are provided to the FDIC 30±64±0024 POLICIES AND PRACTICES FOR STORING, FDIC from insured depository RETRIEVING, ACCESSING, RETAINING, AND SYSTEM NAME: DISPOSING OF RECORDS IN THE SYSTEM: institutions to which the FDIC transferred deposits upon closing of the Unclaimed Deposits Reporting STORAGE: System. former institution. Information is maintained on local area network specified file servers, SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS SYSTEM LOCATION: OF THE ACT: computer disks, tapes or hard copy Designated FDIC service centers and printouts stored in secured areas which None. consolidated field offices. A list of the limits access to authorized personnel By direction of the Board of Directors. designated locations is available from only. Dated at Washington, DC, this 31st day of the Chief of Policy & Planning, January, 1995. Operations Branch, Division of RETRIEVABILITY: Federal Deposit Insurance Corporation. Depositor and Asset Services, FDIC, Indexed by depository institution Robert E. Feldman, 550–17th Street, NW, Washington, DC name, depository institution number, Acting Executive Secretary. 20429. depositor name, depositor social [FR Doc. 95–2959 Filed 2–6–95; 8:45 am] security number, depositor tax BILLING CODE 6714±01±P CATEGORIES OF INDIVIDUALS COVERED BY THE identification number, or account/check SYSTEM: number. Owners of unclaimed insured or SAFEGUARDS: Privacy Act of 1974; Amendment to an transferred deposits from closed insured Existing System of Records depository institutions for which the Information is encrypted and accessed FDIC was appointed receiver after only by authorized FDIC personnel. AGENCY: Federal Deposit Insurance January 1, 1989. Hard copy data is stored in secured Corporation (FDIC). 7200 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices ACTION: Notice of amendment to an SYSTEM LOCATION: FDIC in an attempt to resolve the existing system of records—‘‘Consumer Division of Compliance and complaint or inquiry. Complaint and Inquiry System’’. Consumer Affairs, FDIC, 550–17th * * * * * Street, NW, Washington, DC 20429, and By direction of the Board of Directors. SUMMARY: As part of an ongoing designated FDIC regional offices for Dated at Washington, DC, this 31st day of examination of the FDIC’s systems of complaints or inquiries originating January, 1995. records, the ‘‘Consumer Complaint and within or involving an FDIC-insured Federal Deposit Insurance Corporation. Inquiry System’’ has been reviewed for depository institution located in an Robert E. Feldman, compliance with the Privacy Act, 5 FDIC region. A list of regional offices is Acting Executive Secretary. U.S.C. 552a. Review was necessitated by available from the Office of Corporate [FR Doc. 95–2958 Filed 2–6–95; 8:45 am] a recent reorganization within the FDIC Communications, FDIC, 550–17th BILLING CODE 6714±01±P which resulted in the creation of a new Street, NW, Washington, DC 20429, division, the Division of Compliance telephone (202) 898–6996. and Consumer Affairs. Numerous minor FEDERAL EMERGENCY amendments have been made that will CATEGORIES OF INDIVIDUALS COVERED BY THE MANAGEMENT AGENCY more accurately describe the following SYSTEM: elements in this system of records: Individuals who have filed Public Information Collection System location, categories of complaints or inquiries concerning Requirements Submitted to OMB for individuals covered by the system, activities or practices of FDIC-insured Review categories of records in the system, depository institutions. retention and disposal, system ACTION: Notice. manager(s) and address, and record CATEGORIES OF RECORDS IN THE SYSTEM: SUMMARY: The Federal Emergency source categories. Contains correspondence and records Management Agency (FEMA) has EFFECTIVE DATE: February 7, 1995. of other communications between the submitted to the Office of Management FDIC and the individuals filing FOR FURTHER INFORMATION CONTACT: and Budget the following public complaints or making inquiries, information collection requirements for Frederick N. Ottie, Attorney, Office of including copies of supporting the Executive Secretary, FDIC, 550–17th review and clearance in accordance documents supplied by the individual. with the Paperwork Reduction Act of Street, NW, Washington, DC 20429, May contain correspondence between (202) 898–6679. 1980, 44 U.S.C. chapter 35. the FDIC and the FDIC-insured DATES: Comments on this information SUPPLEMENTARY INFORMATION: The depository institution in question and/ collection must be submitted on or FDIC’s system of records entitled or intra-agency or inter-agency before April 10, 1995. memoranda or correspondence. ‘‘Consumer Complaint and Inquiry ADDRESSES: Direct comments regarding System’’ is being amended to describe * * * * * the burden estimate or any aspect of this its contents more accurately. These information collection, including POLICIES AND PRACTICES FOR STORING, modifications update language in the suggestions for reducing this burden, to: system notice describing system RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: the FEMA Information Collections location, categories of individuals Clearance Officer at the address below; * * * * * covered by the system, categories of and to Donald Arbuckle, Office of records in the system, system RETENTION AND DISPOSAL: Management and Budget, 3235 New manager(s) and address, and record Executive Office Building, Washington, Records are retained for two years source categories to reflect DC 20503, (202) 395–7340, within 60 organizational changes within the FDIC after receipt unless updated by days of this notice. correspondence received during the and delineate more precisely that this FOR FURTHER INFORMATION CONTACT: system of records encompasses second year. Electronic records are deleted from the electronic system and Copies of the above information complaints and inquiries concerning the collection request and supporting files are destroyed by shredding. activities and practices of FDIC-insured documentation can be obtained by depository institutions. Additionally, SYSTEM MANAGER(S) AND ADDRESS: calling or writing Muriel B. Anderson, the description of the system’s FEMA Information Collections Director, Division of Compliance and provisions for retention and disposal of Clearance Officer, Federal Emergency Consumer Affairs, FDIC, 550–17th records is amended to reflect that all Management Agency, 500 C Street, SW., Street, NW, Washington, DC 20429. The records are retained for two years after Washington, DC 20472, (202) 646–2624. receipt unless updated by appropriate FDIC regional manager for Type: Extension of 3067–0146. correspondence received during the records maintained in FDIC regional Title: State Administrative Plans for second year, and that electronic records offices. Individual and Family Grant Program. are deleted from the electronic system * * * * * Abstract: The collection of this and files are destroyed by shredding. information is needed for the purpose of RECORD SOURCE CATEGORIES: Accordingly, the Board of Directors of making grants to individuals and the FDIC amends the ‘‘Consumer The information is obtained from the families for disaster-related expenses Complaint and Inquiry System’’ to read individual on whom the record is and serious needs for administration of as follows: maintained; FDIC-insured depository the program. The plan forms an institutions that are the subject of the agreement between the State and FDIC 30±64±0005 complaint; the appropriate agency, Federal governments that the program whether federal or state, with will be implemented according to the SYSTEM NAME: supervisory authority over the regulations and nation-wide eligibility Consumer Complaint and Inquiry institution; congressional offices that criteria. System. [Complete text appears at 52 FR may initiate the inquiry; and other Type of Respondents: State or Local 34297, September 10, 1987.] parties providing information to the Governments. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7201 Estimate of Total Annual Reporting [Docket No. 95±02] activity that is listed in § 225.25 of and Recordkeeping Burden: 168 hours. Regulation Y as closely related to Nordana Line AS v. Jamar Shipping, Number of Respondents: 56. banking and permissible for bank Inc.; Notice of Filing of Complaint and holding companies. Unless otherwise Estimated Average Burden Time per Assignment Response: 3 hours. noted, such activities will be conducted Notice is given that a complaint filed throughout the United States. Frequency of Response: Annually and Each application is available for when amendments to the plan are by Nordana Line AS (‘‘Complainant’’) against Jamar Shipping, Inc. immediate inspection at the Federal required to meet current policy during Reserve Bank indicated. Once the (‘‘Respondent’’) was served February 1, disasters where IFG assistance is application has been accepted for 1995. Complainant alleges that requested. processing, it will also be available for Respondent, a licensed ocean freight Dated: February 1, 1995. inspection at the offices of the Board of forwarder, has violated sections 10(a)(1) Governors. Interested persons may Linda S. Borror, and 10(d)(1) of the Shipping Act of express their views in writing on the Acting Director, Administrative Services 1984, 46 U.S.C. app. 1709(a)(1), and question whether consummation of the Division. 1709(d)(1) by failing to pay over to proposal can ‘‘reasonably be expected to [FR Doc. 95–2961 Filed 2–6–95; 8:45 am] complainant ocean freight received by it produce benefits to the public, such as BILLING CODE 6718±01±M from the shipper for shipments carried greater convenience, increased by complainant from Houston, Texas to competition, or gains in efficiency, that Lattakia, Syria in March 1994. outweigh possible adverse effects, such This proceeding has been assigned to FEDERAL MARITIME COMMISSION as undue concentration of resources, the office of Administrative Law Judges. decreased or unfair competition, Notice of Agreement(s) Filed Hearings in this matter, if any is held, conflicts of interests, or unsound shall commence within the time banking practices.’’ Any request for a The Federal Maritime Commission limitations prescribed in 46 CFR 502.61, hearing on this question must be hereby gives notice of the filing of the and only after consideration has been accompanied by a statement of the following agreement(s) pursuant to given by the parties and the presiding reasons a written presentation would section 5 of the Shipping Act of 1984. officer to the use of alternative forms of not suffice in lieu of a hearing, Interested parties may inspect and dispute resolution. The hearing shall identifying specifically any questions of obtain a copy of each agreement at the include oral testimony and cross- fact that are in dispute, summarizing the Washington, DC Office of the Federal examination in the discretion of the evidence that would be presented at a Maritime Commission, 800 North presiding officer only upon proper hearing, and indicating how the party Capitol Street, NW., 9th Floor. showing that there are genuine issues of commenting would be aggrieved by Interested parties may submit comments material fact that cannot be resolved on approval of the proposal. on each agreement to the Secretary, the basis of sworn statements, affidavits, Unless otherwise noted, comments Federal Maritime Commission, depositions, or other documents or that regarding the applications must be Washington, DC 20573, within 10 days the nature of the matter in issue is such received at the Reserve Bank indicated after the date of the Federal Register in that an oral hearing and cross- or the offices of the Board of Governors which this notice appears. The examination are necessary for the not later than February 21, 1995. requirements for comments are found in development of an adequate record. A. Federal Reserve Bank of Boston § 572.603 of title 46 of the Code of Pursuant to the further terms of 46 CFR (Robert M. Brady, Vice President) 600 Federal Regulations. Interested persons 502.61, the initial decision of the Atlantic Avenue, Boston, Massachusetts should consult this section before presiding officer in this proceeding shall 02106: communicating with the Commission be issued by February 1, 1996, and the 1. Berkshire Financial Services, Inc., regarding a pending agreement. final decision of the Commission shall Lee, Massachusetts; to engage de novo be issued by June 1, 1996. through its subsidiary Berkshire Agreement No.: 202–007680–88 Joseph C. Polking, Financial Centers, Inc., Lee, Title: American West Africa Freight Secretary. Massachusetts, in providing securities Conference [FR Doc. 95–2877 Filed 2–6–95; 8:45 am] brokerage activities, related securities Parties: Atlantic Bulk Carriers Limited, BILLING CODE 6730±01±M credit activities, and incidental Joint Service of Societe Navale Et activities solely for the account of Commerciale Delmas-Vieljeux and customers (and not securities America-Africa-Europe Line GMBH, FEDERAL RESERVE SYSTEM underwriting or dealing), pursuant to Farrell Lines, Inc., Maersk Line, § 225.25(b)(15) of the Board’s Regulation Societe Ivoirienne De Transport Berkshire Financial Services, Inc., et Y; and also providing mortgage Maritime, Sitram, Torm West Africa al.; Notice of Applications to Engage origination services pursuant to Line, Wilhelmsen Lines A/S de novo in Permissible Nonbanking § 225.25(b)(1) of the Board’s Regulation Synopsis: The proposed amendment Activities Y. These activities will be conducted in amends Article 7.2—Membership, Massachusetts, Connecticut, New York Withdrawal and Expulsion to The companies listed in this notice and Vermont. establish an admission fee. have filed an application under B. Federal Reserve Bank of St. Louis § 225.23(a)(1) of the Board’s Regulation (Randall C. Sumner, Vice President) 411 By Order of the Federal Maritime Y (12 CFR 225.23(a)(1)) for the Board’s Commission. Locust Street, St. Louis, Missouri 63166: approval under section 4(c)(8) of the 1. Carlinville National Bank Shares, Dated: February 1, 1995. Bank Holding Company Act (12 U.S.C. Inc., Carlinville, Illinois; to make an Joseph C. Polking, 1843(c)(8)) and § 225.21(a) of Regulation equity investment of 41 percent of the Secretary. Y (12 CFR 225.21(a)) to commence or to common stock of Macoupin County [FR Doc. 95–2878 Filed 2–6–95; 8:45 am] engage de novo, either directly or Community Development Corporation, BILLING CODE 6730±01±M through a subsidiary, in a nonbanking Carlinville, Illinois, and thereby engage 7202 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices de novo in providing small business Issac Gilinski y Cia. S. en C., et al.; percent of the voting shares of White access to financial capital that otherwise Formations of; Acquisitions by; and County Bank, Carmi, Illinois. is unavailable in the private section and Mergers of Bank Holding Companies Board of Governors of the Federal Reserve assisting housing development for low System, February 1, 1995. The companies listed in this notice and moderate income residents, meeting Jennifer J. Johnson, the requirements for community have applied for the Board’s approval under section 3 of the Bank Holding Deputy Secretary of the Board. development activities, pursuant to Company Act (12 U.S.C. 1842) and [FR Doc. 95–2943 Filed 2–6–95; 8:45 am] § 225.25(b)(6) of the Board’s Regulation § 225.14 of the Board’s Regulation Y (12 BILLING CODE 6210±01±F Y. CFR 225.14) to become a bank holding Board of Governors of the Federal Reserve company or to acquire a bank or bank The Toronto-Dominion Bank; System, February 1, 1995. holding company. The factors that are Acquisition of Company Engaged in considered in acting on the applications Jennifer J. Johnson, Permissible Nonbanking Activities Deputy Secretary of the Board. are set forth in section 3(c) of the Act [FR Doc. 95–2941 Filed 2–6–95; 8:45 am] (12 U.S.C. 1842(c)). The organization listed in this notice Each application is available for has applied under § 225.23 (a)(2) or (f) BILLING CODE 6210±01±F immediate inspection at the Federal of the Board’s Regulation Y (12 CFR Reserve Bank indicated. Once the 225.23 (a)(2) or (f)) for the Board’s Marlene Crowe Embry, et al.; Change application has been accepted for approval under section 4(c)(8) of the Bank Holding Company Act (12 U.S.C. in Bank Control Notices; Acquisitions processing, it will also be available for 1843(c)(8)) and § 225.21(a) of Regulation of Shares of Banks or Bank Holding inspection at the offices of the Board of Governors. Interested persons may Y (12 CFR 225.21(a)) to acquire or Companies express their views in writing to the control voting securities or assets of a Reserve Bank or to the offices of the company engaged in a nonbanking The notificants listed below have Board of Governors. Any comment on activity that is listed in § 225.25 of applied under the Change in Bank an application that requests a hearing Regulation Y as closely related to Control Act (12 U.S.C. 1817(j)) and must include a statement of why a banking and permissible for bank § 225.41 of the Board’s Regulation Y (12 written presentation would not suffice holding companies. Unless otherwise CFR 225.41) to acquire a bank or bank in lieu of a hearing, identifying noted, such activities will be conducted holding company. The factors that are specifically any questions of fact that throughout the United States. considered in acting on the notices are are in dispute and summarizing the The application is available for set forth in paragraph 7 of the Act (12 evidence that would be presented at a immediate inspection at the Federal U.S.C. 1817(j)(7)). hearing. Reserve Bank indicated. Once the The notices are available for Unless otherwise noted, comments application has been accepted for immediate inspection at the Federal regarding each of these applications processing, it will also be available for inspection at the offices of the Board of Reserve Bank indicated. Once the must be received not later than March Governors. Interested persons may notices have been accepted for 3, 1995. express their views in writing on the processing, they will also be available A. Federal Reserve Bank of Atlanta (Zane R. Kelley, Vice President) 104 question whether consummation of the for inspection at the offices of the Board proposal can ‘‘reasonably be expected to Marietta Street, N.W., Atlanta, Georgia of Governors. Interested persons may produce benefits to the public, such as 30303: express their views in writing to the greater convenience, increased 1. Issac Gilinski y Cia. S. en C.; Jamie Reserve Bank indicated for that notice competition, or gains in efficiency, that or to the offices of the Board of Gilinski y Cia. S. en C.; Perla Bacal de outweigh possible adverse effects, such Governors. Comments must be received Gilinski y Cia, S. en C.; Raquel as undue concentration of resources, not later than February 21, 1995. Kardonski y Cia. S. en. C.; and PBZ decreased or unfair competition, Ltda. y. Cia S. en C., all of Santa F de conflicts of interests, or unsound A. Federal Reserve Bank of Atlanta Bogota, Colombia; to become bank (Zane R. Kelley, Vice President) 104 banking practices.’’ Any request for a holding companies by acquiring 99.2 hearing on this question must be Marietta Street, N.W., Atlanta, Georgia percent of the voting shares of Eagle 30303: accompanied by a statement of the National Bank of Miami, Miami, reasons a written presentation would 1. Marlene Crowe Embry; O’Neal Florida. not suffice in lieu of a hearing, Embry, Trustees, both of Duluth, B. Federal Reserve Bank of Chicago identifying specifically any questions of Georgia, and Charles Benjamin Ginden, (James A. Bluemle, Vice President) 230 fact that are in dispute, summarizing the Trustee, Atlanta, Georgia; to retain 26.5 South LaSalle Street, Chicago, Illinois evidence that would be presented at a percent, for a total of 44.9 percent, of the 60690: hearing, and indicating how the party voting shares of Embry Bankshares, Inc., 1. Marshall & Ilsley Corporation, commenting would be aggrieved by Atlanta, Georgia, and thereby indirectly Milwaukee, Wisconsin, to acquire 100 approval of the proposal. acquire Embry National Bank, Duluth, percent of the voting shares of Sharon Comments regarding the application Georgia. State Bank, Sharon, Wisconsin, and must be received at the Reserve Bank Citizens Bancorp of Delavan, Inc., indicated or the offices of the Board of Board of Governors of the Federal Reserve Delavan, Wisconsin, and thereby Governors not later than February 21, System, February 1, 1995. indirectly acquire Citizens Bank of 1995. Jennifer J. Johnson, Delavan, Delavan, Wisconsin. A. Federal Reserve Bank of New Deputy Secretary of the Board. C. Federal Reserve Bank of St. Louis York (William L. Rutledge, Senior Vice [FR Doc. 95–2942 Filed 2–6–95; 8:45 am] (Randall C. Sumner, Vice President) 411 President) 33 Liberty Street, New York, BILLING CODE 6210±01±F Locust Street, St. Louis, Missouri 63166: New York 10045: 1. National City Bancshares, Inc., 1. The Toronto-Dominion Bank,, Evansville, Indiana; to acquire 100 Toronto, Canada; to acquire Lancaster Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7203 Financial Corporation, New York, New establishment of a broad base of Also, in accordance with Title IX of York, and thereby engage in permissible scientific research, and through the the PHS Act and section 1142 of the financial advisory activities, pursuant to promotion of improvements in clinical Social Security Act, the AHCPR § 225.25(b)(4)(vi) of the Board’s practice and in the organization, Administrator is to assure that the needs Regulation Y. financing, and delivery of health care and priorities of the Medicare program Board of Governors of the Federal Reserve services. (See 42 U.S.C. 299–299c–6 and are reflected appropriately in the agenda System, February 1, 1995. 1320–12.) and priorities for development of Jennifer J. Johnson, In keeping with its legislative guidelines and guideline updates. mandates, AHCPR arranges for the Deputy Secretary of the Board. Arrangements for the April 19, 1995 development, periodic review, and [FR Doc. 95–2944 Filed 2–6–95; 8:45 am] Public Meeting on Colorectal Cancer update of clinically relevant guidelines BILLING CODE 6210±01±F Screening that may be used by physicians, nurses, other health care providers, educators, Representatives of organizations and and consumers to assist in determining other individuals are invited to provide DEPARTMENT OF HEALTH AND how diseases, disorders, and other relevant written comments and HUMAN SERVICES health care conditions can most information, and make a brief (5 minutes or less) oral statement to the Agency for Health Care Policy and effectively and appropriately be panel. Individuals and representatives Research prevented, diagnosed, treated, and clinically managed. Medical review who would like to attend must register Public Meeting on the Development of criteria, standards of quality, and with Michael Stolar, Project Manager, Colorectal Cancer Screening Clinical performance measures are then American Gastroenterological Practice Guideline developed based on the guidelines Association (AGA), at the address set produced. out below by April 5, 1995, and indicate The Agency for Health Care Policy Section 912 of the Act (42 U.S.C. whether they plan to make an oral and Research (AHCPR) announces that 299b–1(b)), as amended, requires that statement. A written copy of the oral a public meeting will be held to receive the guidelines: statement, comments, and information comments and information pertaining to 1. Be based on the best available should be submitted to AGA by April 5, the development of the clinical practice research and professional judgment; 1995. If more requests to make oral guideline on Screening for Colorectal 2. Be presented in formats appropriate statements are received than can be Cancer. The guideline will focus on for use by physicians, nurses, other accommodated between 9:00 a.m. and tests used to screen for colorectal cancer health care providers, medical 12:00 p.m. on April 19, 1995, the and the evidence of their effectiveness. educators, medical review chairperson will allocate speaking time The guideline is being developed by a organizations, and consumers; in a manner which ensures, to the non-profit contractor of AHCPR with the 3. Be presented in treatment-specific extent possible, that a range of views of assistance of a panel of health care or condition-specific forms appropriate health care professionals, consumers, experts and consumers. Collaborative for use in clinical practice, education product manufacturers, and support for this effort is being provided programs, and reviewing quality and pharmaceutical manufacturers are by the National Institute of Diabetes and appropriateness of medical care; presented. Those who cannot be granted Digestive and Kidney Diseases (NIDDK). 4. Include information on the risks their requested speaking time because of A notice announcing that AHCPR was and benefits of alternative strategies for time constraints are assured that their arranging for the development of this prevention, diagnosis, treatment, and written comments will be considered clinical practice guideline was management of the particular health when decisions regarding the guideline published in the Federal Register on condition(s); and are made. August 17, 1993 (Vol. 58, No. 157). That 5. Include information on the costs of If sign language interpretation or other notice invited nominations for experts alternative strategies for prevention, reasonable accommodation for a and consumers to serve on the panel diagnosis, treatment, and management disability is needed, please contact AGA that is developing the guideline. of the particular health condition(s), by April 5, 1995, at the address below. A public meeting to provide an where cost information is available and Registration should be made with, opportunity for interested parties to reliable. and written materials submitted to: contribute relevant information and Section 914 of the Act (42 U.S.C. Michael Stolar, Ph.D., Project Manager, comments, including research in areas 299b–3(a)), as amended, identifies American Gastroenterological relevant to the guideline, will be held as factors to be considered in establishing Association, 7910 Woodmont Avenue, follows: priorities for guidelines, including the Suite 914, Bethesda, Maryland 20814, Meeting: Colorectal Cancer Screening extent to which the guidelines would: Phone: (301) 654–2055, Fax: (301) 654– Date: April 19, 1995 From: 9:00 a.m.–12:00 p.m. 1. Improve methods for disease 5920. prevention; Location: Old Town Holiday Inn, 480 For Additional Information King Street, Alexandria, Virginia 2. Improve methods of diagnosis, 22314 treatment, and clinical management, Additional information on the Phone: (703) 549–6080 and thereby benefit a significant number guideline development process is Fax: (703) 684–6508 of individuals; contained in the AHCPR Program Note, 3. Reduce clinically significant ‘‘Clinical Practice Guideline Background variations among clinicians in the Development,’’ dated August 1993. This The AHCPR is charged, under Title IX particular services and procedures document describes AHCPR’s activities of the Public Health Service Act, with utilized in making diagnoses and with respect to clinical practice enhancing the quality, appropriateness, providing treatment; and guidelines including the process and and effectiveness of health care services, 4. Reduce clinically significant criteria for selecting panels. This and access to such services. The AHCPR variations in the outcomes of health care document may be obtained from the accomplishes its goals through the services and procedures. AHCPR Publications Clearinghouse, 7204 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices P.O. Box 8547, Silver Spring, MD 20907; III. Arrangements for the March 10, SEP: Cooperative agreements for or call Toll-Free: 1–800–358–9295. 1995 Meeting Preventive Health Services-STD/HIV Prevention Training Centers-Program Also, information can be obtained by Individuals and representatives of Announcement 514. contacting Douglas B. Kamerow, M.D., organizations who would like to attend Times and Dates: 8:30 a.m.–4:30 p.m., M.P.H., Director, Office of the Forum for the meeting must register by February March 7, 1995; 8:30 a.m.–4 p.m., March 8, Quality and Effectiveness in Health 21 with Moshman Associates, Inc., the 1995. Care, Agency for Health Care Policy and Place: Corporate Square, Building 11, contractor providing administrative Room 1413, Corporate Square Boulevard, Research, Willco Building, 6000 support to AHCPR for the meeting. Executive Boulevard, Suite 310, Atlanta, Georgia 30329. Registration information and a draft Status: Closed. Rockville, MD 20852, Phone 301–594– agenda may be obtained by writing to Matters to be Discussed: The meeting will 4015, Fax: 301–594–4027. Moshman Associates, Inc., Attention: include the review, discussion, and Dated: January 30, 1995. Technical Conference Division, Suite evaluation of applications received in Clifton R. Gaus, 410, North Tower, 7315 Wisconsin response to Program Announcement 514. The Avenue, Bethesda, MD 20814. Requests application being reviewed include Administrator. information of a confidential nature, [FR Doc. 95–2939 Filed 2–6–95; 8:45 am] for registration materials may also be including personal information concerning BILLING CODE 4160±90±P submitted by facsimile transmission at individuals associated with the applications. 301–961–553, Attention: Technical The meeting will be closed to the public Conference Division. Facsimile cover in accordance with provisions set forth in Public Meeting on a Model Survey for sheets should include a sender’s name, section 552b(c) (4) and (6), Title 5 U.S.C., and Monitoring Consumers' Access to organization, address, telephone and the Determination of the Acting Associate Care, Use of Services, Health facsimile numbers. Director for Policy Coordination, CDC, pursuant to Pub. L. 92–463. Outcomes, and Patient Satisfaction If sign language interpretation or other Contact Person for More Information: John reasonable accommodation for a R. Lehnherr, Chief, Resource Analysis Office AGENCY: Agency for Health Care Policy disability is needed, please contact (E07), National Center for Prevention and Research, HHS. Linda Reeves, the Assistant Services, CDC, Corporate Square, Corporate ACTION: Notice of public meeting. Administrator for Equal Opportunity, Square Boulevard, Atlanta, Georgia 30329, AHCPR, on (301) 594–6666, no later telephone 404/639–8023. SUMMARY: A meeting is being held to than February 21, 1995. Dated: January 31, 1995. discuss the results of AHCPR’s project Additional information on the William H. Gimson, to design a survey to monitor meeting can be obtained by contacting Acting Associate Director for Policy consumers’ access to care, use of Sandra K. Robinson, Project Officer, Coordination, Centers for Disease Control and services, health outcomes, and patient Office of Program Development, Agency Prevention (CDC). satisfaction. for Health Care Policy and Research, at [FR Doc. 95–2933 Filed 2–6–95; 8:45 am] BILLING CODE 4163±18±M DATES: The meeting, open to the public, the following address: Sandra K. will be on Friday, March 10, 1995, from Robinson, Project Officer, Agency for 9:00 a.m. to 12:00 p.m. Health Care Policy and Research, 2101 East Jefferson Street, Suite 603, Food and Drug Administration ADDRESSES: The meeting will be at the Rockville, Maryland 20852, Phone: 301– [Docket No. 93S±0220] Four Seasons Hotel, Dumbarton Room, 594–1455, FAX: 301–594–2157. 2800 Pennsylvania Avenue, N.W., Extension of Electronic Docket for Dated: January 30, 1995. Washington, D.C. 20007. Medical Device/Radiological Health Clifton R. Gaus, SUPPLEMENTARY INFORMATION: Policy Statements and Operating Administrator. Procedure Guides and Cessation of I. Purpose [FR Doc. 95–2938 Filed 2–6–95; 8:45 am] Public Docket BILLING CODE 4160±0±P The purpose of this meeting is to AGENCY: Food and Drug Administration, present and discuss the results of the HHS. Agency for Health Care Policy and Centers for Disease Control and ACTION: Notice. Research (AHCPR) project, ‘‘Design of a Prevention Survey to Monitor Consumers’ Access to SUMMARY: The Food and Drug Care, Use of Services, Health Outcomes, Disease, Disability, and Injury Administration (FDA) has decided to and Patient Satisfaction’’. This project, Prevention and Control Special extend an electronic docket that was carried out under contract with the Emphasis Panel (SEP): Cooperative established over 1 year ago to enhance Research Triangle Institute of Research Agreements for Preventive Health public access to policy speeches and Triangle Park, NC, developed Services-Sexually Transmitted statements, standard operating information on consumers’ perceptions Diseases (STD)/Human procedure guides, and other types of and ratings of their health care plans for Immunodeficiency Virus (HIV) documents related to product evaluation use in choosing health plans. Prevention Training Centers-Program and regulatory enforcement for its medical device and radiological health II. Agenda Announcement 514; Meeting programs. The agency has also decided The meeting will begin at 9 a.m. on In accordance with section 10(a)(2) of to cease maintaining a public ‘‘hard Friday, March 10, 1995, and provide an the Federal Advisory Committee Act copy’’ docket, which was established overview of the purpose and scope of (Pub. L. 92–463), the Centers for Disease concurrently with and contains the the project. A presentation of the model Control and Prevention (CDC) same information as the electronic survey instrument that resulted from the announces the following committee docket. Both dockets have been project will follow; and a question and meeting. operating on a 1-year pilot basis. comment period will conclude the Name: Disease, Disability, and Injury DATES: Continuation of the electronic session with adjournment at 12 p.m. Prevention and Control. docket will extend for an indefinite Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7205 period of time. Written comments and editorials in trade publications, and Health Care Financing Administration suggestions regarding operation of the correspondence that have commented electronic docket are acceptable at any favorably about the usefulness of the Public Information Collection time. Cessation of the public docket is electronic docket in particular. Requirements Submitted to the Office effective immediately. In view of the positive feedback on of Management and Budget (OMB) for ADDRESSES: Submit written comments the electronic docket, as reflected by the Clearance comparatively large volume of inquiries, on the management of the electronic Agency: Health Care Financing docket to the Dockets Management the agency believes there is sufficient Administration, HHS. Branch (HFA–305), Food and Drug justification for maintaining this public The Health Care Financing Administration, rm. 1–23, 12420 service. Persons interested in availing Administration (HCFA), Department of Parklawn Dr., Rockville, MD 20857. themselves of this information access Health and Human Services, has FOR FURTHER INFORMATION CONTACT: John system must have a video terminal or submitted to OMB the following F. Stigi, Center for Devices and personal computer with proposals for the collection of Radiological Health (HFZ–220), Food communications software (VT information in compliance with the and Drug Administration, 1350 Piccard emulation) and a modem that can Paperwork Reduction Act (Public Law Dr., Rockville, MD 20850, 301–443– operate at a baud rate of 1200, 2400, 96–511). 6597. 4800, or 9600. For those persons who 1. Type of Information Collection: wish to transfer files from the electronic SUPPLEMENTARY INFORMATION: New; Type of Review Requested: docket, the KERMIT file transfer Throughout its existence, the Center for Regular submission; Title of Information protocol must be used. The telephone Devices and Radiological Health (CDRH) Collection: Race and Ethnicity Survey; number to access the system is 1–800– has employed a number of outlets to Form No.: HCFA-R–173; Use: This is a 252–1366 or 301–594–2741. communicate with regulated industry, survey to improve the completeness of From the experience gained in race and ethnicity information the medical community, and interested operating the electronic docket, CDRH is consumers about its policies and contained on the Medicare enrollment contemplating a number of refinements database; Respondents: Individuals or operations. Although these modes of to improve its information delivery communication were generally regarded households; Obligation to Respond: capability, as well as the scope of Voluntary; Number of Respondents: as effective, many persons expressed the material available for public access. desire for even broader access to CDRH- 1,800,000; Total Annual Responses: These will include, for example, 1,800,000; Total Annual Hours generated information to better assist announcements of upcoming meetings them in complying with FDA regulatory Requested: 60,000. of the agency’s various medical device Additional Information or Comments: requirements. In response, CDRH advisory panels. As other enhancements created two dockets to serve as readily Call the Reports Clearance Office on to the system are introduced, CDRH will (410) 966–5536 for copies of the accessible repositories of current and inform potential users through CDRH important materials. FDA announced clearance request packages. Written newsletters, trade publications, public comments and recommendations for the the establishment of both dockets in the speeches, and other communication Federal Register of July 27, 1993 (58 FR proposed information collections vehicles. should be sent within 30 days of this 40150), and stated there would be a 1- Effective immediately, FDA is year trial period for both information notice directly to the OMB Desk Officer terminating the public docket pilot designated at the following address: retrieval systems. program. Because of the marginal One docket, from which documents in OMB Human Resources and Housing utilization of the public docket, CDRH Branch, Attention: Allison Eydt, New ‘‘hard copy’’ form can be acquired, has believes that the administrative costs been located at the Dockets Management Executive Office Building, Room 10235, associated with its operation are no Washington, D.C. 20503. Branch (address above). Interested longer justified. persons were required to physically The actions announced in this notice Dated: January 30, 1995. visit this facility in order to access the do not affect the status of two other Kathleen B. Larson, information. information access systems referred to Director, Management Planning and Analysis CDRH also established an electronic in the Federal Register notice of July 7, Staff, Office of Financial and Human docket as a means to further increase 1993: (1) The CDRH ‘‘Flash FAX’’ Resources, Health Care Financing Administration. industry access to policy documents. system, from which virtually all This menu-driven system allows documents formerly offered in the [FR Doc. 95–2888 Filed 2–6–95; 8:45 am] interested persons to access, read, print, public docket are presently or shortly BILLING CODE 4120±03±P and download documents using will be available; and (2) the premarket personal computers at their places of notification (510(k)) submission status National Institutes of Health business. reporting system. Throughout the pilot year, CDRH has To receive information or assistance monitored the number of inquiries Government-Owned Inventions; regarding any of the systems described Availability for Licensing received through each of the two in this notice, contact the CDRH dockets. Approximately 100 document Division of Small Manufacturers AGENCY: National Institutes of Health, requests were made through the public Assistance at 1–800–638–2041 or 301– HHS. (‘‘hard copy’’) docket. In contrast, more 443–6597, or by FAX at 301–443–8818, ACTION: Notice. than 17,000 inquiries were received or write to the contact person above. through the electronic docket, and the The inventions listed below are number of system accesses continues to Dated: January 13, 1995. owned by agencies of the U.S. increase. During the period August D.B. Burlington, Government and are available for through September 1994, slightly more Director, Center for Devices and Radiological licensing in the U.S. in accordance with than 5,800 requests were made. In Health. 35 U.S.C. 207 to achieve expeditious addition to these utilization statistics, [FR Doc. 95–2991 Filed 2–6–95; 8:45 am] commercialization of results of federally CDRH has taken note of articles, BILLING CODE 4160±01±F funded research and development. 7206 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Foreign patent applications are filed on 12 Mar 91 (priority date), Serial No. 08/ antisera, and when injected into mice selected inventions to extend market 153,263 (CON of 07/667,170). raised antibodies reactive with natural coverage for U.S. companies and may The invention concerns conjugates of S. typhi Vi antigen. The conjugates were also be available for licensing. E. coli K92 capsular polysaccharide and able to elicit a booster effect. Antibodies ADDRESSES: Licensing information and carrier proteins, such as tetanus toxoid. or antisera raised against the conjugates copies of the U.S. patent applications The conjugates have been shown to and useful for diagnostic purposes and listed below may be obtained by writing raise antibodies that react with Group B for passive immunization are also part to Robert Benson at the Office of and Group C Neisseria meningitis and E. of the invention. The invention is Technology Transfer, National Institutes coli K1 capsular polysacchrides. The described in Infection & Immunity 62, of Health, 6011 Executive Boulevard, conjugate is a potential vaccine against 5545–5549 (1994). Group B meningitis. Infant rats have Suite 325, Rockville, Maryland 20852– Glucuronoxylomannan-Protein 3804 (telephone 301/496–7735 ext 267; been protected from lethal injections of E. coli K1 using antisera raised against Conjugates of Cryptococcus fax 301/402–0220). A signed Neoformans Confidential Disclosure Agreement will the conjugates. The invention is be required to receive copies of the described in P.N.A.S. 88, 7175–7179 Sarvamangala Devi, Rachel patent applications. (1991). Applications are pending in Schneerson, John E. Bennett, and John Canada, Australia, Japan and Europe. B. Robbins (NICHD), Filed 16 Sep 91 Polysaccharide-Protein Conjugates (priority date), Serial No. 08/231,444 Detoxified LPS-Cholera Toxin Shouson Szu, Rachel Schneerson, and (CON of 07/760,143). Conjugate Vaccine for Prevention of Cryptococcus neoformans is an John B. Robbins (NICHD), Serial No. 07/ Cholera 155,799, Patent Issued 20 Apr 93, U.S. encapsulated fungus that causes Patent Number 5,204,098. Shouson Szu, John B. Robbins, and systemic infections in humans, The invention concerns conjugates of Rajesh K. Gupta (NICHD), Filed 16 Jan particularly in those who are pathogenic microorganism capsular 92 (priority date), Serial No. 08/171,188 immunocompromised. The incidence of polysaccharides and proteins useful as (CON of 07/821,453). infection is high in AIDS patients. The vaccines. The broadest claim reads: ‘‘A The invention concerns a conjugate of invention concerns conjugates of the composition for enhancing the antibody detoxified lipopolysaccharide (LPS) glucuronoxylomannan (GXM) capsular response of a host comprising a capsular from V. cholera and proteins, polysaccharide of C. neoformans and polysaccharide having carboxyl groups potentially useful as a cholera vaccine. carrier proteins such as tetanus toxoid conjugated through a thio derivative of The LPS is detoxified by treatment with or cholrea toxin. These conjugates are said carboxyl groups to a protein in a anhydrous hydrazine, resulting in a potential vaccines to be given to people physiologically acceptable carrier.’’ detoxified LPS that is less toxic and at high risk of HIV infection. Another Applications are pending in Japan and more immunogenic than cholera LPS’s facet of the invention is passive Canada. detoxified by other means. The immunization, a therapeutic treatment, The conjugates having capsular invention has been foreign filed, PCT/ using antisera or antibodies raised polysaccharide from Staphylococcus US93/00253. In a phase I clinical trial, against the conjugates. Passive have been exclusively licensed and are 38 volunteers were injected with a protection has been demonstrated in not available. conjugate of the detoxified LPS and mice. Human clinical trials are ongoing. tetanus toxoid. The conjugate vaccines The basic invention is described in Pertussis Toxin Used as a Carrier of the invention elicit higher levels of Infection & Immunity 59, 3700–3707 Protein With Non-Charged Saccharides anti-LPS IgG antibodies than whole cell (1991). in Conjugate Vaccines vaccine. IgG can penetrate the intestinal Dated: January 28, 1995. Rachel Schneerson, Lily Levi, and membrane to reach the gut, and, thus, is Barbara M. McGarey, John B. Robbins (NICHD), Serial No. 07/ the primary reason for protection. The Deputy Director, Office of Technology 932,960, Filed 21 Aug 92. serum from the volunteers is vibriocidal Transfer. This invention concerns conjugates of for at least nine months; tests are [FR Doc. 95–2862 Filed 2–6–95; 8:45 am] non-charged capsular polysaccharides continuing. In the field trials of the from pathogenic bacteria with pertussis whole cell vaccine, protection is BILLING CODE 4140±01±M toxin for use as vaccines. Bacteria correlated with the level of serum having non-charged capsular vibriocidal antibodies. National Cancer Institute; Notice of polysaccharides include Streptococcus Meetings pneumoniae types 7 and 14. The Synthesis of Typhoid Fever Vaccine invention is described in Infection and From a Plant or Fruit Polysaccharide Pursuant to Pub. L. 92–463, notice is Immunity 60(9), 3528–3532, 1992. Mice Shouson Szu and Slavomir Bystrisky hereby given of the meetings of the injected with Pn14-pertussis toxin (NICHD), Filed 17 Oct 94, Serial No. 08/ National Cancer Institute for February, conjugates raised serum antibodies 323,918. March and April 1995. against both type 14 capsular The invention is a synthetic These meetings will be open to the polysaccharide and pertussis toxin. Also Salmonella typhi capsular public to discuss administrative details claimed are methods of synthesis, polysaccharide, Vi, made by chemically or other issues relating to committee immunization methods and vaccines. modifying fruit pectin. The synthetic Vi activities as indicated in the notice and The application has been foreign filed, is useful as a component of a subunit for the review of concepts being PCT/US93/07732. vaccine for typhoid fever. The synthetic considered for funding. Attendance by Vi is made by acetylating the C2 and C3 the public will be limited to space Immunogenic Polysaccharide-Protein hydroxyls of the galacturonate subunits available. Conjugates Containing Poly Alpha (2– of pectin. A vaccine is made by These meetings will be closed to the 8), Alpha (2–9) Neunac Capsular conjugating the synthetic Vi to a carrier public as indicated below in accordance Polysaccharides protein, such as tetanus toxoid. The with the provisions set forth in secs. Rachel Schneerson, John B. Robbins, synthetic Vi-tetanus toxoid conjugates 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. and Sarvamangala Devi (NICHD), Filed were shown to react with S. typhi and sec. 10(d) of Pub. L. 92–463, for the Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7207 review, discussion and evaluation of Closed: February 28, 1995 8 a.m. to recess; National Heart, Lung, and Blood individual grant applications and March 1, 1995 8 a.m. to recess; March 2, 1995 Institute; Notice of Meeting of the contract proposals and for the critique 8 a.m. to adjournment. Sickle Cell Disease Advisory and evaluation of extramural/intramural Agenda: Review, discussion and Committee programmatic and personnel policies, evaluation of individual grant applications. including consideration of personnel Committee Name: Board of Scientific Pursuant to Pub. L. 92–463, notice is qualifications and performance and the Counselors, Division of Cancer Etiology. hereby given of the meeting of the competence of individual investigators. Contact Person: Dr. Jerry R. Rice, DCE, NCI, Sickle Cell Disease Advisory These applications and proposals and NIH, Bldg. 31A, Room 11A03, Bethesda, MD Committee, National Heart, Lung, and the discussions could reveal 20892. Telephone: (301) 496–6618. Blood Institute, February 24, 1995. The confidential trade secrets or commercial Date of Meeting: March 9–10, 1995. meeting will be held at the National property such as patentable material, Place of Meeting: Building 31C, Conference Institutes of Health, Building 31, and personal information concerning Room 6, 9000 Rockville Pike, Bethesda, MD Conference Room 8, C–Wing, 9000 individuals associated with the 20892. Rockville Pike, Bethesda, Maryland applications and proposals, the Open: March 9, 1995 1 p.m. to recess; 20892. disclosure of which could constitute a March 10, 1995 9 a.m. to adjournment. The entire meeting will be open to the clearly unwarranted invasion of Agenda: Discussion and review of the public from 9:00 a.m. to adjournment, to personal privacy. Division budget and review of concepts for discuss recommendations on the grants and contracts. implementation and evaluation of the Ms. Carole Frank, the Committee Closed: March 9, 1995 9 a.m. to 12 noon. Sickle Cell Disease Program. Attendance Management Officer, National Cancer Agenda: Extramural/Intramural by the public will be limited to space Institute, Executive Plaza North, Room programmatic and personnel policies of a available. 630E, 6130 Executive Blvd MSC 7405, sensitive nature and consideration of Ms. Terry Long, Chief, Bethesda, Maryland 20892–7405, (301– personnel qualifications and performance Communications and Public 496–5708) will provide a summary of and the competence of individual Information Branch, National Heart, the meetings and the roster of investigators. Lung, and Blood Institute, Building 31, committee members, upon request. Committee Name: Subcommittee A of the Room 4A21, Bethesda, Maryland 20892, Other information pertaining to the Cancer Biology-Immunology Contracts (301) 496–4236, will provide a summary meetings may be obtained from the Review Committee. of the meeting and a roster of the contact person indicated below. Contact Person: Dr. Lalita D. Palekar, Room committee members upon request. Individuals who plan to attend and 601D, Executive Plaza North, Telephone: Individuals who plan to attend and need special assistance, such as sign (301) 496–7575. need special assistance, such as sign language interpretation or other Date of Meeting: March 20, 1995. language interpretation or other reasonable accommodations, should Place of Meeting: Conference Room G, 6130 reasonable accommodations, should contact the person listed for that Executive Boulevard, Rockville, MD 20852. contact the Executive Secretary in particular meeting. Closed: March 20, 1995 8:30 a.m. to advance of the meeting. Dr. Clarice D. Reid, Executive Committee Name: Board of Scientific adjournment. Agenda: Review, discussion and Secretary, Sickle Cell Disease Advisory Counselors, Division of Cancer Treatment. Committee, Divison of Blood Diseases Contact Person: Dr. Bruce A. Chabner, evaluation of individual contract proposals. DCT, NCI, NIH, Bldg. 31, Room 3A44, Committee Name: Subcommittee A of the and Resources, NHLBI, Federal Bethesda, MD 20892–2440, Telephone: (301) Cancer Centers and Research Programs Building, Room 508, Bethesda, 496–4291. Review Committee. Maryland 20892, (301) 496–4868, will Date of Meeting: February 27, 1995. Contact Person: Dr. David E. Maslow, furnish substantive program Place of Meeting: Building 31C, Conference Room 643A, Executive Plaza North, information. Room 10, 9000 Rockville Pike, Bethesda, MD Telephone: (301) 496–2330. (Catalog of Federal Domestic Assistance 20892. Date of Meeting: April 5–7, 1995. Program No. 93.839, Blood Diseases and Open: February 27, 1995 8 a.m. to 4:30 Place of Meeting: Hyatt Regency Bethesda, Resources Research, National Institutes of p.m. One Bethesda Metro Center, Bethesda, MD Health) Agenda: Review of program plans within Dated: January 30, 1995. the Division, review of concepts of contract 20814. recompetitions, and the budget for the Closed: April 5, 6 p.m. to recess; April 6, Susan K. Feldman, Division’s programs. 8 a.m. to recess; April 7, 8 a.m. to Committee Management Officer, NIH. Closed: February 27, 1995 4:30 p.m. to 5:30 adjournment. [FR Doc. 95–2860 Filed 2–6–95; 8:45 am] Agenda: Review, discussion and p.m. BILLING CODE 4140±01±M Agenda: Extramural/Intramural evaluation of individual grant applications. programmatic and personnel policies of a (Catalog of Federal Domestic Assistance sensitive nature and consideration of Program Numbers: 93.393, Cancer Cause and National Institute of Allergy and personnel qualifications and performance Prevention Research; 93.394, Cancer Infectious Diseases; Amended Notice and the competence of individual Detection and Diagnosis Research; 93.395, investigators. of Meeting Cancer Treatment Research; 93.396, Cancer Committee Name: Subcommittee B of the Biology Research; 93.397, Cancer Centers Notice is hereby given of a change in Cancer Research Manpower and Education Support; 93.398, Cancer Research Manpower; the meeting of the AIDS Research Review Committee. 93.399, Cancer Control.) Advisory Committee, National Institute Contact Person: Dr. Neil B. West, Executive of Allergy and Infectious Diseases on Dated: January 30, 1995. Plaza North, Room 611D, Telephone: (301) February 23–24, 1995, in the 402–2785. Susan K. Feldman, Date of Meeting: February 28–March 2, Congressional Ballroom at the Marriott Committee Management Officer, NIH. 1995. Hotel, 5151 Pooks Hill Road, Bethesda, Place of Meeting: Holiday Inn—Crowne [FR Doc. 95–2868 Filed 2–6–95; 8:45 am] Maryland which was published in the Plaza, 1750 Rockville Pike, Rockville, MD BILLING CODE 4140±01±M Federal Register on December 27, 1994 20851. (59 FR 66549). 7208 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices This committee was to have convened Time: March 9, 6 p.m.–10 p.m.; March 10, This meeting will be open to the at 8 a.m. on February 23 and continue 8 a.m.–adjournment. public as indicated below with until adjournment on February 24. The Place: Embassy Suites Hotel, 4300 Military attendance limited to space available. meeting has been changed to adjourn on Road NW., Washington, DC 20015. Individuals who plan to attend and Contact Person: Michael W. Edwards, February 23. Ph.D., Natcher Building, Room 6AS–37J, need special assistance, such as sign Dated: January 30, 1995. National Institutes of Health, Bethesda, language interpretation or other Susan K. Feldman, Maryland 20892–6600, Phone: 301–594– reasonable accommodations, should 8892. notify Mrs. Ann Dieffenbach, Public Committee Management Officer, NIH. Purpose/Agenda: To review and evaluate Information Officer, National Institute of [FR Doc. 95–2869 Filed 2–6–95; 8:45 am] research grant applications. General Medical Sciences, National BILLING CODE 4140±01±M Name of Committee: National Diabetes and Institutes of Health, Building 45, Room Digestive and Kidney Diseases Special Grants 3AS–43, Bethesda, Maryland 20892, Review Committee, Subcommittee C. (301) 496–7301, in advance of the National Institute of Arthritis and Date: March 9–10, 1995. meeting. Musculoskeletal and Skin Diseases; Time: March 9, 8:30 a.m.–5 p.m.; March Mrs. Dieffenbach will provide a Notice of Closed Meeting 10, 8:30 a.m.–adjournment. Place: Holiday Inn Bethesda, 8120 summary of the meeting and a roster of Pursuant to Section 10(d) of the Wisconsin Avenue, Bethesda, Maryland committee members upon request. Federal Advisory Committee Act, as 20814. Substantive program information may amended (5 U.S.C. Appendix 2), notice Contact Person: Daniel Matsumoto, Ph.D., be obtained from the contact listed Natcher Building, Room 6AS–37B, National below. is hereby given of the following Institutes of Health, Bethesda, Maryland meeting: 20892–6600, Phone: 301–594–8894. Committee Name: Minority Access to Research Careers Review Subcommittee, Name of Committee: Arthritis and Purpose/Agenda: To review and evaluate research grant applications. Minority Programs Review Committee. Musculoskeletal and Skin Diseases Special Meeting Date: February 22–23, 1995. Grants Review Committee. Name of Committee: National Diabetes and Place: Holiday Inn Crowne Plaza, 1750 Date: February 23, 1995, February 24, 1995. Digestive and Kidney Diseases Special Grants Rockville Pike, Rockville, MD 20852. Review Committee, Subcommittee D. Time: 6:30 p.m. Open: February 22, 8:30 a.m.–9:30 a.m. Date: March 2–3, 1995. Place: Bethesda Marriott, 5151 Pooks Hill Agenda: Special reports related to Time: March 2, 3 p.m.–7 p.m.; March 3, 8 Road, Bethesda, Maryland. committee activities. a.m.–adjournment. Contact Person: Theresa Lo, Ph.D., Closed: February 22, 9:30 a.m.–5 p.m.; Place: Ramada Inn Rockville, 1775 Scientific Review Administrator, Natcher February 23, 8:30 a.m.–adjournment. Rockville Pike, Rockville, Maryland 20852. Building, 45 Center Drive, Room 5AS–25U, Agenda: Review and evaluation of grant Contact Person: Ann A. Hagan, Ph.D., Bethesda, Maryland 20892–6500, (301) 594– application. Natcher Building, Room 6AS–43G, National 4952. Contact: Dr. Richard Martinez, Scientific Institutes of Health, Bethesda, Maryland Purpose/Agenda: To review and evaluate Review Admin, Building 45, Room 1AS–19G, 20892–6600, Phone: 301–594–8891. research grant applications. National Institutes of Health, Bethesda, MD The meeting will be closed in accordance Purpose/Agenda: To review and evaluate research grant applications. 20852, Telephone (301) 594–2849. with the provisions set forth in sec. This meeting will be closed in accordance 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. The meetings will be closed in accordance with the provisions set forth in secs. with provisions set forth in secs. 552b(c)(4) Applications and/or proposals and the and 552b(c)(6), Title 5, U.S.C. Applications discussions could reveal confidential trade 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Applications and the discussions could and the discussions could reveal confidential secrets or commercial property such as trade secrets or commercial property such as patentable material and personal information reveal confidential trade secrets or commercial property, such as patentable patentable material and personal information concerning individuals associated with the concerning individuals associated with the applications and/or proposals, the disclosure material, and personal information concerning individuals associated with the applications, disclosure of which would of which would constitute a clearly constitute a clearly unwarranted invasion of unwarranted invasion of personal privacy. applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (Catalog of Federal Domestic Assistance personal privacy. (Catalog of Federal Domestic Assistance Program Nos. [93.846, project grants in (Catalog of Federal Domestic Assistance Program Numbers: 93.859, 93.862, 93.863, arthritis, musculoskeletal and skin diseases 93.880, National Institute of General Medical research], National Institutes of Health, HHS) Program No. 93.847–849, Diabetes, Endocrine and Metabolic Diseases; Digestive Diseases Sciences, National Institutes of Health) Date: January 30, 1995. and Nutrition; and Kidney Diseases, Urology Dated: January 30, 1995. Susan K. Feldman, and Hematology Research, National Institutes Susan K. Feldman, Committee Management Officer, NIH. of Health.) Committee Management Officer, NIH. [FR Doc. 95–2865 Filed 2–6–95; 8:45 am] Dated: January 30, 1995. [FR Doc. 95–2863 Filed 2–6–95; 8:45 am] BILLING CODE 4140±01±M Susan K. Feldman, BILLING CODE 4140±01±M Committee Management Officer, NIH. [FR Doc. 95–2866 Filed 2–6–95; 8:45 am] National Institute of Diabetes and BILLING CODE 4140±01±M National Library of Medicine; Notice of Digestive and Kidney Diseases; Notice Meeting of the Biomedical Library of Closed Meetings Review Committee National Institutes of General Medical Pursuant to Section 10(d) of the Sciences; Notice of Meeting Pursuant to Pub. L. 92–463, notice is Federal Advisory Committee Act, as hereby given of the meeting of the amended (5 U.S.C. Appendix 2), notice Pursuant to Section 10(d) of the Biomedical Library Review Committee is hereby given of the following Federal Advisory Committee Act, as on March 1–2, 1995, convening at 8:30 meetings: amended (5 U.S.C. Appendix 2), notice a.m. in the Board Room of the National Name of Committee: National Diabetes and is hereby given of the following Library of Medicine, Building 38, 8600 Digestive and Kidney Diseases Special Grants advisory committee meeting of the Rockville Pike, Bethesda, Maryland. Review Committee, Subcommittee B. National Institute of General Medical The meeting on March 1 will be open Date: March 9–10, 1995. Sciences. to the public from 8:30 a.m. to Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7209 approximately 11 a.m. for the Date: March 2, 1995. Time: 8:30 a.m. discussion of administrative reports and Time: 1:00 p.m. Place: Holiday Inn, Chevy Chase, MD. program developments. Attendance by Place: NIH, Westwood Building, Room Contact Person: Dr. Peggy McCardle, the public will be limited to space 407A, Telephone Conference. Scientific Review Administrator, 5333 Contact Person: Dr. Calbert Laing, available. Individuals who plan to Westbard Ave., Room 305, Bethesda, MD Scientific Review Administrator, 5333 20892, (301) 594–7293. attend and need special assistance, such Westbard Ave., Room 407A, Bethesda, MD Name of SEP: Biological and Physiological as sign language interpretation or other 20892, (301) 594–7190. Sciences. reasonable accommodations, should Name of SEP: Multidisciplinary Sciences. contact Dr. Roger W. Dahlen at 301– Date: March 28, 1995. Date: March 2–4, 1995. Time: 1:00 p.m. 496–4221 two weeks before the meeting. Time: 8:30 a.m. In accordance with provisions set Place: NIH, Westwood Building, Room Place: Marriott Copley Place, Boston, MA. 421C, Telephone Conference. Contact Person: Dr. Marjam Behar, forth in secs. 552b(c)(4) and 552b(c)(6), Contact Person: Dr. Camilla Day, Scientific Scientific Review Administrator, 5333 Title 5, U.S.C., and sec. 10(d) of Pub. L. Review Administrator, 5333 Westbard Ave., Westbard Ave., Room 2A11A, Bethesda, MD 92–463, the meeting on March 1 will be Room 421C, Bethesda, MD 20892, (301) 594– 20892, (301) 594–7376. closed to the public for the review, 7389. discussion, and evaluation of individual Name of SEP: Microbiological and Immunological Sciences. Purpose/Agenda: To review Small grant applications from 11 a.m. to Business Innovation Research Program grant approximately 5 p.m., and on March 2 Date: March 3, 1995. Time: 9:00 a.m. applications. from 8:30 a.m. to adjournment. These Place: NIH, Westwood Building, Room Name of SEP: Multidisciplinary Sciences. applications and the discussion could 407A, Telephone Conference. Date: February 27–28, 1995. reveal confidential trade secrets or Contact Person: Dr. Calbert Laing, Time: 2:00 p.m. commercial property, such as patentable Scientific Review Administrator, 5333 Place: Holiday Inn, Chevy Chase, MD. material, and personal information Westbard Ave., Room 407A, Bethesda, MD Contact Person: Dr. Houston Baker, 5333 concerning individuals associated with 20892, (301) 594–7190. Westbard Ave., Room 2A15B, Bethesda, MD the applications, disclosure of which Name of SEP: Microbiological and 20892, (301) 594–7374. would constitute a clearly unwarranted Immunological Sciences. Name of SEP: Microbiological and invasion of personal privacy. Date: March 3, 1995. Immunological Sciences. Dr. Roger W. Dahlen, Scientific Time: 1:00 p.m. Date: March 3, 1995. Review Administrator, and Chief, Place: NIH, Westwood Building, Room Time: 8:30 a.m. Biomedical Information Support 407A, Telephone Conference. Place: Holiday Inn, Bethesda, MD. Contact Person: Dr. Calbert Laing, Branch, Extramural Programs, National Contact Person: Dr. Jean Hickman, Scientific Review Administrator, 5333 Scientific Review Administrator, 5333 Library of Medicine, 8600 Rockville Westbard Ave., Room 407A, Bethesda, MD Westbard Ave., Room 235, Bethesda, MD Pike, Bethesda, Maryland 20894, 20892, (301) 594–7190. 20892, (301) 594–7078. telephone number: 301–496–4221, will Name of SEP: Chemistry and Related Name of SEP: Multidisciplinary Sciences. provide summaries of the meeting, Sciences. Date: March 13–14, 1995. rosters of the committee members, and Date: March 7, 1995. Time: 8:00 a.m. other information pertaining to the Time: 9:00 a.m. Place: Holiday Inn, Chevy Chase, MD. meeting. Place: Holiday Inn, Chevy Chase, MD. Contact Person: Dr. Houston Baker, Contact Person: Dr. Mike Radtke, Scientific (Catalog of Federal Domestic Assistance Scientific Review Administrator, 5333 Review Administrator, 5333 Westbard Ave., Westbard Ave., Room 2A15B, Bethesda, MD Program No. 93.879—Medical Library Room 337, Bethesda, MD 20892, (301) 594– 20892, (301) 594–7374. Assistance, National Institutes of Health.) 7212. Name of SEP: Biological and Physiological Dated: January 30, 1995. Name of SEP: Clinical Sciences. Sciences. Susan K. Feldman, Date: March 10, 1995. Date: March 20, 1995. Committee Management Officer, NIH. Time: 10:00 a.m. Time: 8:00 a.m. [FR Doc. 95–2864 Filed 2–6–95; 8:45 am] Place: NIH, Westwood Building, Room 207, Telephone Conference. Place: American Inn, Bethesda, MD. BILLING CODE 4140±01±M Contact Person: Dr. Krish Krishnan, Contact Person: Dr. Dennis Leszczynski, Scientific Review Administrator, 5333 Scientific Review Admin., 5333 Westbard Westbard Ave., Room 207, Bethesda, MD Ave., Room 210, Bethesda, MD 20892, (301) Division of Research Grants; Notice of 20892, (301) 594–7156. 594–7218. Closed Meetings Name of SEP: Clinical Sciences. The meetings will be closed in accordance with the provisions set forth in secs. Pursuant to Section 10(d) of the Date: March 13 1995. Time: 10:00 a.m. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Federal Advisory Committee Act, as Applications and/or proposals and the amended (5 U.S.C. Appendix 2), notice Place: NIH, Westwood Building, Room 207, Telephone Conference. discussions could reveal confidential trade is hereby given of the following Division Contact Person: Dr. Krish Krishnan, secrets or commercial property such as of Research Grants Special Emphasis Scientific Review Administrator, 5333 patentable material and personal information Panel (SEP) meetings: Westbard Ave., Room 207, Bethesda, MD concerning individuals associated with the Purpose/Agenda: To review individual 20892, (301) 594–7156. applications and/or proposals, the disclosure grant applications. Name of SEP: Multidisciplinary Sciences. of which would constitute a clearly Name of SEP: Multidisciplinary Sciences. Date: March 13, 1995. unwarranted invasion of personal privacy. Date: February 27, 1995. Time: 9:00 a.m. This notice is being published less than 15 Time: 1:00 p.m. Place: Holiday Inn, Crystal City, VA. days prior to the meeting due to the urgent Place: Holiday Inn, Chevy Chase, MD. Contact Person: Dr. Paul Parakkal, need to meet timing limitations imposed by Contact Person: Dr. Houston Baker, Scientific Review Administrator, 5333 the grant review cycle. Scientific Review Administrator, 5333 Westbard Ave., Room 437, Bethesda, MD (Catalog of Federal Domestic Assistance Westbard Ave., Room 2A15B, Bethesda, MD 20892, (301) 594–7258. Program Nos. 93.306, 93.333, 93.337, 93.393– 20892, (301) 594–7374. Name of SEP: Behavioral and 93.396, 93.837–93.844, 93.846–93.878, Name of SEP: Microbiological and Neurosciences. 93.892, 93.893, National Institutes of Health, Immunological Sciences. Date: March 22, 1995. HHS) 7210 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Dated: January 31, 1995. Time: 11:00 a.m. bring about the greatest possible Susan K. Feldman, Place: NIH, Westwood Building, Room improvement in the quality and Committee Management Officer, NIH. 404B, Telephone Conference. availability of needed services. To be Contact Person: Dr. Sami Mayyasi, considered, all comments and [FR Doc. 95–2861 Filed 2–6–95; 8:45 am] Scientific Review Administrator, 5333 BILLING CODE 4140±01±M Westbard Ave., Room 404B, Bethesda MD suggestions must be received by March 20892, (301) 594–7073. 15, 1995. Name of SEP: Microbiological and Copies of the draft SAMHSA Strategic Division of Research Grants; Notice of Immunological Sciences. Plan are available toll-free by request Close Meetings Date: March 14, 1995. from the National Clearinghouse for Time: 11:00 a.m. Alcohol and Drug Information at (800) Pursuant to Section 10(d) of the Place: NIH, Westwood Building, Room 729–6686 and by modem from the Federal Advisory Committee Act, as 404B, Telephone Conference. SAMHSA electronic bulletin board amended (5 U.S.C. Appendix 2), notice Contact Person: Dr. Sami Mayyasi, system at (800) 424–4294 or (301) 443– is hereby given of the following Division Scientific Review Administrator, 5333 0040. Please send comments to: Dr. of Research Grants Special Emphasis Westbard Ave., Room 404B, Bethesda, MD Frank Sullivan,Associate Administrator 20892, (301) 594–7073. Panel (SEP) meetings: for Policy and Program Coordination, Name of SEP: Microbiological and Purpose/Agenda: To review Small Substance Abuse and Mental Health Immunological Sciences. Business Innovation Research Program grant Date: March 15, 1995. Services Administration, Room 12C–06, applications. Parklawn Building, 5600 Fishers Lane, Name of SEP: Multidisciplinary Sciences. Time: 11:00 a.m. Place: NIH, Westwood Building, Room Rockville, Maryland 20857. Date: February 23, 1995. Comments may also be faxed to Dr. Time: 8:30 a.m. 404B, Telephone Conference. Place: Wyndham Bristol Hotel, Contact Person: Dr. Sami Mayyasi, Sullivan at (301) 443–0496, sent via E- Washington, DC. Scientific Review Administrator, 5333 mail to Contact Person: Dr. Lee Rosen, Scientific Westbard Ave., Room 404B, Bethesda, MD [email protected], or Review Administrator, 5333 Westbard Ave., 20892, (301) 594–7073. left as voice mail messages at (800) 222– Room 2A11B, Bethesda, MD 20892, (301) The meetings will be closed in accordance 7711. Comments can also be shared via 594–7276. with the provisions set forth in sec. the SAMHSA electronic bulletin board 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Name of SEP: Multidisciplinary Sciences. Applications and/or proposals and the system. Date: March 13, 1995. discussions could reveal confidential trade Dated: February 1, 1995. Time: 8:00 a.m. secrets or commercial property such as Place: Georgetown Inn, Washington, DC. Richard Kopanda, patentable material and personal information Contact Person: Dr. Lee Rosen, Scientific Acting Executive Officer, SAMHSA. concerning individuals associated with the Review Administrator, 5333 Westbard Ave., applications and/or proposals, the disclosure [FR Doc. 95–2855 Filed 2–6–95; 8:45 am] Room 2A11B, Bethesda, MD 20892, (301) of which would constitute a clearly BILLING CODE 4162±20±P 594–7276. unwarranted invasion of personal privacy. Name of SEP: Multidisciplinary Sciences. This notice is being published less than 15 Date: March 13–14, 1995. days prior to the meeting due to the urgent DEPARTMENT OF THE INTERIOR Time: 8:00 a.m. need to meet timing limitations imposed by Place: Crowne Plaza, Rockville, MD. the grant review cycle. Contact Person: Dr. Harish Chopra, Bureau of Land Management (Catalog of Federal Domestic Assistance Scientific Review Administrator, 5333 [UT±080±4410±02] Westbard Ave., Room 2A18A, Bethesda, MD Program Nos. 93.306, 93.333, 93.337, 93.393– 20892, (301) 594–7342. 93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, Diamond Mountain and Book Cliffs Name of SEP: Multidisciplinary Sciences. HHS) Resource Areas, UT; Environmental Date: March 17, 1995. Assessment Time: 8:00 a.m. Dated: January 30, 1995. Place: Hilton, Tysons Corner, VA. Susan K. Feldman, AGENCY: Bureau of Land Management, Contact Person: Dr. Eileen Bradley, Committee Management Officer, NIH. Interior. Scientific Review Administrator, 5333 [FR Doc. 95–2867 Filed 2–6–95; 8:45 am] ACTION: Notice of Availability of Westbard Ave., Room 2A10, Bethesda, MD 20892, (301) 594–7188. BILLING CODE 4140±01±M Environmental Assessment (EA). Purpose/Agenda: To review individual SUMMARY: This notice is to notify the grant applications. Substance Abuse and Mental Health public that the Vernal District, Bureau Name of SEP: Clinical Sciences. Services Administration of Land Management has completed an Date: March 6–8, 1995. EA that proposes to amend the Diamond Time: 8:00 a.m. Draft SAMHSA Strategic Plan Place: Holiday Inn, Chevy Chase, MD. Mountain and the Book Cliffs resource management plans (RMPs). The EA was Contact Person: Ms. Jo Pelham, Scientific AGENCY: Substance Abuse and Mental prepared in order to identify public land Review Administrator, 5333 Westbard Ave., Health Services Administration not previously identified for disposal by Room 349, Bethesda, MD 20892, (301) 594– (SAMHSA). 7254. sale within Uintah County, Utah. This ACTION: Request for comments on Name of SEP: Multidisciplinary Sciences. action is announced pursuant to Section Date: March 12, 1995. working draft of SAMHSA Strategic 203 of the Federal Land Management Time: 7:00 p.m. Plan. and Policy Act of 1976 and 43 CFR part Place: Crowne Plaza, Rockville, MD. SUMMARY: 1610. Contact Person: Dr. Harish Chopra, The Substance Abuse and DATES: Scientific Review Administrator, 5333 Mental Health Services Administration Protest on the proposed planning Westbard Ave., Room 2A18A, Bethesda, MD (SAMHSA) has developed a working amendments will be accepted until 20892, (301) 594–7342. draft of its Strategic Plan. SAMHSA March 9, 1995. Name of SEP: Microbiological and welcomes comments on this working ADDRESSES: Send protests to the Immunological Sciences. draft and ideas for specific objectives Director, Bureau of Land Management Date: March 13, 1995. and actions that should be taken to (760) MS 406 LS, 1849 C Street, NW, Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7211 Washington, D.C. 20240, within 30 days FOR FURTHER INFORMATION CONTACT: for the purpose of enhancement of the after the publication of this notice on Verlin L. Smith, Area Manager, Kanab survival of the species through the proposed planning amendments. Resource Area, 318 North 100 East, conservation education. SUPPLEMENTARY INFORMATION: If Kanab, Utah 84741. Existing planning Applicant: Adriatic Animal Attractions, approved and implemented, the documents and information are Inc., Orlando, FL, PRT–798515 proposed planning amendments would available at the above address or telephone (801) 644–2672. Comments The applicant requests a permit to enable the BLM to identify and offer for export four captive born tigers (Panthera public sale approximately 3,600 acres of on these proposed plan amendments should be sent to the above address. tigris) to Dreamworld, Gold Coast, mostly scattered, isolated tracts of Australia for the purpose of SUPPLEMENTARY INFORMATION: public land to offset a recent federal The BLM enhancement of the survival of the land acquisition of 5,129 acres of private is proposing to amend the CBGA RMP species through conservation education. land within Uintah County, Utah. and the Paria MFP, which includes The proposed planning amendments public lands in Garfield and Kane Applicant: University of Central Florida, are subject to protest from any adversely Counties. The proposed amendments Carlos Diez, Orlando, FL, PRT– affected party who participated in the would be to make certain public lands 798725 planning process. Protests must be made available for disposal pursuant to the The applicant requests a permit to in accordance with 43 CFR 1610.5–2. Recreation and Public Purposes Act, as export blood samples collected from Protests must contain the following amended (43 U.S.C. 869 et seq.) to local live hawksbill sea turtles (Eretmochelys minimal information: Name, address, government entities in Garfield and imbricata) and tissue samples collected telephone number, and interest of the Kane Counties for the purposes of from dead hatchlings at Mona Island, person filing protest; statement of issue developing source reduction sites and Puerto Rico to Dr. H. Koike, Kyushu or issues being protested; statement of solid waste transfer stations for solid University, Japan for scientific research. part or parts of the planning waste management. Written data or comments should be amendments being protested, citing The public land being considered for submitted to the Director, U.S. Fish and page(s), paragraph(s), map(s), etc.; disposal is described as follows: Wildlife Service, Office of Management copies of all documents submitted by Salt Lake Meridian, Utah Authority, 4401 North Fairfax Drive, the protestor during the planning Room 420(c), Arlington, Virginia 22203 process or a reference to the date when T. 34 S., R. 5 W., and must be received by the Director Sec. 26, SW1⁄4SW1⁄4SE1⁄4. the protestor discussed issue(s) for the within 30 days of the date of this record; and a concise statement as to Containing 10 acres. publication. why the protestor believes the BLM T. 42 S., R. 1 E., Documents and other information Sec. 35, SE1⁄4SE1⁄4SE1⁄4SE1⁄4. State Director’s proposed decision could submitted with these applications are be wrong. Containing 2.5 acres. available for review, subject to the FOR FURTHER INFORMATION, CONTACT: The existing plans do not identify these requirements of the Privacy Act and Peter A. Kempenich, Natural Resource lands as suitable for disposal. However, Freedom of Information Act, by any Specialist, Vernal District Office, (801) because of resource values, public party who submits a written request for 781–4432. values, and objective involved, the a copy of such documents to the G. William Lamb, public interest may be well served by following office within 30 days of the Associate State Director. disposal of these lands to local date of publication of this notice: U.S. [FR Doc. 95–2910 Filed 2–6–95; 8:45 am] government entities. An environmental Fish and Wildlife Service, Office of BILLING CODE 4310±DQ±M assessment will be prepared to analyze Management Authority, 4401 North the impacts of this proposal and Fairfax Drive, Room 420(c), Arlington, alternatives. Virginia 22203. Phone: (703/358–2104); [UT±040±05±1430±00] G. William Lamb, FAX: (703/358–2281). Resource Management Plans, etc.; Associate State Director. Dated: February 2, 1995. Cedar Resource Area, et al., UT [FR Doc. 95–2911 Filed 2–6–95; 8:45 am] Susan Lieberman, BILLING CODE 4310±DQ±M Acting Chief, Office of Management AGENCY: Bureau of Land Management, Authority. Interior. [FR Doc. 95–2985 Filed 2–6–95; 8:45 am] ACTION: Notice of intent. Fish and Wildlife Service BILLING CODE 4310±55±P SUMMARY: This notice is to advise the Notice of Receipt of Applications for public that the Bureau of Land Permit Management (BLM) is proposing to National Park Service The following applicants have amend the Cedar/Beaver/Garfield/ Boston National Historical Park; Draft Antimony (CBGA) Resource applied for a permit to conduct certain activities with endangered species. This General Management Plan/ Management Plan (RMP), approved Environmental Assessment Volume 3/ October 1, 1986, and the Paria notice is provided pursuant to Section 10(c) of the Endangered Species Act of Dorchester Heights; Availability and Management Framework Plan (MFP), Public Comment Period approved April 22, 1981, to allow for 1973, as amended (16 U.S.C. 1531, et the disposal of certain public lands seq.): In accordance with the National located in Garfield County and Kane Applicant: Ringling Bros.-Barnum and Environmental Policy Act (P.L. 91–190) County, Utah. Bailey Circus, Vienna, VA, PRT– the National Park Service (NPS) DATES: For a period of 30 days from 798745 announces that the Boston National February 7, 1995, interested parties may The applicant requests a permit for Historical Park Draft General submit comments on the issues to be the import and re-export of two captive Management Plan/Environmental addressed in the subsequent born tigers (Panthera tigris) from/to Assessment, Volume 3 for Dorchester Environmental Analysis. Chipperfield’s, Oxon, United Kingdom Heights will be available for public 7212 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices review and comment from February 13– National Forests MPS), Address Restricted, Peralta, Sarah, Archeological Site, Address March 15, 1995. Flagstaff vicinity, 95000154 Restricted, Baton Rouge vicinity, 95000134 Archeological Site No. AR–03–04–03–810 This draft document presents a MONTANA proposed action for management of the (Logging Railroad Resources of the Coconino and Kaibab National Forests Missoula County site and three alternative actions. These MPS), Address Restricted, Flagstaff Gleim Building II (Missoula MPS), 255–257 alternatives address planning issues vicinity, 95000149 W. Front St., Missoula, 95000143 including resource protection, site Archeological Site No. AR–03–04–03–811 development, interpretation and visitor (Logging Railroad Resources of the Sweet Grass County services. Once approved, the final plan Coconino and Kaibab National Forests Spannring, John Otto, Family Farm, 7 mi. E MPS), Address Restricted, Flagstaff will guide the management of the site of Big Timber, Big Timber vicinity, vicinity, 95000150 for fifteen to twenty years. 95000145 During the thirty day comment Archeological Site No. AR–03–04–03–812 period, interested persons may review (Logging Railroad Resources of the NEBRASKA Coconino and Kaibab National Forests the document and provide written MPS), Address Restricted, Flagstaff Seward County comments to the Park Planner, Boston vicinity, 95000151 Troyer Site, Address Restricted, Milford National Historical Park, Charlestown Archeological Site No. AR–03–04–03–414 vicinity, 95000159 Navy Yard, Boston, MA 02129. (Logging Railroad Resources of the The document will be mailed to Coconino and Kaibab National Forests Thayer County federal, state, regional and local MPS), Address Restricted, Flagstaff Durflinger Site, Address Restricted, Hebron agencies. Copies will be available at the vicinity, 95000152 vicinity, 95000160 Archeological Site No. AR–03–04–03–440 South Boston Branch Library at 646 E. NEW YORK Broadway and the Washington Village (Logging Railroad Resources of the Branch Library at 1226 Columbia Road, Coconino and Kaibab National Forests Suffolk County MPS), Address Restricted, Flagstaff Maycroft, Ferry Rd. (NY 114), North Haven, South Boston. Copies are also available vicinity, 95000153 95000158 by contacting Boston National Historical Barney Flat Historic Railroad Logging Park at (617) 242–5691. Landscape (Logging Railroad Resources of NORTH CAROLINA Chrysandra L. Walter, the Coconino and Kaibab National Forests Duplin County Acting Regional Director. MPS), Perkinsville Rd., S of Williams, Kaibab NF, Williams vicinity, 95000155 Hebron Presbyterian Church, NC 1551 NW [FR Doc. 95–2987 Filed 2–6–95; 8:45 am] Saginaw & Manistee Camp 2 (Logging side, 0.15 mi. NE of jct. with NC 1554, Pink BILLING CODE 4310±70±P Railroad Resources of the Coconino and Hill vicinity, 95000144 Kaibab National Forests MPS), Address Restricted, Flagstaff vicinity, 95000148 Stokes County National Register of Historic Places; Walnut Cove Colored School, Jct. of Brook Notification of Pending Nominations COLORADO and Dalton Sts., NW corner, Walnut Cove, Clear Creek County 95000161 Nominations for the following properties being considered for listing Echo Lake Park (Denver Mountain Parks Transylvania County MPS), Along CO 103 and CO 5 SW of Idaho in the National Register were received Galloway, Flem, House (Transylvania MPS), Springs, Idaho Springs vicinity, 95000109 NC 1388 W side, 2 mi. S of jct. with NC by the National Park Service before Summit Lake Park (Denver Mountain Parks 1129, Calvert vicinity, 95000137 January 28, 1995. Pursuant to section MPS), Mt. Evans Rd., SW of Idaho Springs, 60.13 of 36 CFR Part 60 written Idaho Springs vicinity, 95000110 PENNSYLVANIA comments concerning the significance of these properties under the National Jefferson County Blair County Register criteria for evaluation may be Fillius Park (Denver Mountain Parks MPS), Roaring Spring Historic District, Roughly forwarded to the National Register, CO 74 NW of Evergreen, Evergreen bounded by Barley, Lower, Walnut, National Park Service, P.O. Box 37127, vicinity, 95000108 Roosevelt, California, Hickory, Fairview, Washington, DC 20013–7127. Written Little Park (Denver Mountain Parks MPS), Sugar and N. Main Sts., Roaring Spring, Miller Ln. (CO 74) SW of Idledale, Idledale 95000133 comments should be submitted by vicinity, 95000111 February 22, 1995. Cambria County DISTRICT OF COLUMBIA Carol D. Shull, Jones, Benjamin F., Cottage, Third St., Chief of Registration, National Register. District of Columbia State Equivalent Cresson Township, Cresson, 95000125 Westmont Historic District, Roughly bounded ALABAMA Lincoln Industrial Mission—Lincoln Memorial Congregational Church, 1701 by Clarion St., Edgehill Dr., Blair and Wilcox County 11th St., NW., Washington, 95000163 Wayne Sts., Diamond Blvd. and Snow Hill Normal and Industrial Institute, Waggaman—Ray Commercial Row, 1141, Stackhouse Park, Westmont, 95000131 Co. Rd. 26 N side, NW of Snow Hill, Snow 1143 and 1145 Connecticut Ave., Chester County Hill vicinity, 95000146 Washington, 95000162 Marlborough Village Historic District, 354– Tait-Ervin House, 205 Co. Rd. 33, Camden FLORIDA vicinity, 95000147 418 Marlborough Rd. and 901 and 940 Palm Beach County Marlborough Springs Rd., East ARIZONA Marlborough and Newlin Townships, Lavender House, 875 Alamanda St., Boca Kennett Square, 95000130 Cochise County Raton, 95000165 North Warwick Historic and Archeological Rucker Canyon Archeological District, Sarasota County Districts, Address Restricted, Warwick Address Restricted, Douglas vicinity, vicinity, 95000135 Municipal Auditorium—Recreation Club, 801 95000157 Zook, Jacob, House, 290 E. Lincoln Hwy., N. Tamiani Trail, Sarasota, 95000164 Coconino County West Whiteland Township, Exton, LOUISIANA 95000127 Anderson Mesa Incline (Logging Railroad Resources of the Coconino and Kaibab East Baton Rouge Parish Delaware County Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7213 Brandywine Summit Camp Meeting, 119 Barrett, Everett P., House, 120 D. Porter Ave., Provided no formal expression of Beaver Valley Rd., Concord Township, Waukesha, 95000140 intent to file an offer of financial Chadds Ford, 95000132 Chicago and Northwestern Railroad assistance (OFA) has been received, this Passenger Depot, 319 Williams St., Fayette County exemption will be effective on March 9, Waukesha, 95000142 New Geneva Historic District (Greensboro– Clarke, George Lawrence Jr., House, 12810 W. 1995, unless stayed pending New Geneva MPS) Roughly bounded by Hampton Ave., Butler, 95000138 reconsideration. Petitions to stay that do Front St. E from Church Ln., Georges Cr. Fabacker, Joseph, House, 341 NW., Barstow not involve environmental issues,2 and the Monongahela R., Nicholson St., Waukesha, 95000139 formal expressions of intent to file an Township, New Geneva, 95000119 3 [FR Doc. 95–2988 Filed 2–6–95; 8:45 am] OFA under 49 CFR 1152.27(c)(2), and Thompson, Thomas, H., House, 815 Water trail use/rail banking requests under 49 St., Brownsville, 95000128 BILLING CODE 4310±70±M CFR 1152.29 4 must be filed by February Greene County 17, 1995. Petitions to reopen or requests for public use conditions under 49 CFR Boughner, Alexander V., House (Greensboro– INTERSTATE COMMERCE New Geneva MPS), Jct. of Second and 1152.28 must be filed by February 27, COMMISSION Minor Sts., Greensboro, 95000114 1995, with: Office of the Secretary, Case Crawford, John Minor, House (Greensboro– [Docket No. AB±43 (Sub-No. 167X)] Control Branch, Interstate Commerce New Geneva MPS), PA 2014, Monongahela Commission, Washington, DC 20423. Township, Glassworks, 95000122 Illinois Central Railroad CompanyÐ A copy of any pleading filed with the Eberhart–Gabler House (Greensboro–New Geneva MPS), PA 2033, Monongahela Abandonment ExemptionÐin St. Commission should be sent to Township, Glassworks, 95000123 Tammany and Washington Parishes, applicant’s representative: Myles L. Glassworks–Core House (Greensboro–New LA Tobin, Illinois Central Railroad Geneva MPS), PA 2014, Monongahela Company, 455 North Cityfront Plaza Dr., Illinois Central Railroad Company (IC) Township, Glassworks, 95000121 20th Floor, Chicago, IL 60611. Glassworks–Gabler House (Greensboro–New has filed a notice of exemption under 49 If the notice of exemption contains Geneva MPS), PA 2014, Monongahela CFR 1152 Subpart F—Exempt false or misleading information, the Township, Glassworks, 95000120 Abandonments to abandon its 14.9-mile exemption is void ab initio. Greensboro Historic District (Greensboro– line of railroad between milepost NN– Applicant has filed an environmental New Geneva MPS), Roughly bounded by 54.00 near Talisheek and milepost NN– County, Second, Walnut, Front and Clear report which addresses the 68.85 near Lees Creek, in St. Tammany abandonment’s effects, if any, on the Sts. and the Monongahela R., Greensboro, 1 95000118 and Washington Parishes, LA. environment and historic resources. The Greensboro Public School (Greensboro–New IC has certified that: (1) No local Section of Environmental Analysis Geneva MPS), Jct. of Second and Clear Sts., traffic has moved over the line for at (SEA) will issue an environmental Greensboro, 95000113 least 2 years; (2) there is no overhead assessment (EA) by February 10, 1995. Jones, James, House (Greensboro–New traffic on the line; (3) no formal Interested persons may obtain a copy of Geneva MPS), Jct. of Front and Stone Sts., complaint filed by a user of rail service the EA by writing to SEA (Room 3219, Greensboro, 95000112 on the line (or by a state or local Parreco, James, House (Greensboro–New Interstate Commerce Commission, Geneva MPS), Jct. of Third and Clear Sts., government entity acting on behalf of Washington, DC 20423) or by calling Greensboro, 95000115 such user) regarding cessation of service Elaine Kaiser, Chief of SEA, at (202) Peters–Graham House (Greensboro–New over the line either is pending with the 927–6248. Comments on environmental Geneva MPS), Jct. of Walnut and Second Commission or with any U.S. District and historic preservation matters must Sts., Greensboro, 95000116 Court or has been decided in favor of be filed within 15 days after the EA Reppert–Gabler House (Greensboro–New the complainant within the 2-year becomes available to the public. Geneva MPS), PA 1014, Monongahela period; and (4) the requirements at 49 Township, Glassworks, 95000117 Environmental, historic preservation, CFR 1105.7 (service of environmental public use, or trail use/rail banking Somerset County report on agencies), 49 CFR 1105.8 conditions will be imposed, where Zimmerman, Daniel B., Mansion, 800 (service of historic report on State appropriate, in a subsequent decision. Georgian Place Dr., Somerset Township, Historic Preservation Officer), 49 CFR Decided: January 31, 1995. Somerset, 95000129 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and By the Commission, David M. Konschnik, Washington County Director, Office of Proceedings. 49 CFR 1152.50(d)(1) (service of verified Welsh–Emery House, 114 Emery Rd., Vernon A. Williams, Centerville Borough, Richeyville, 95000126 notice on governmental agencies) have been met. Secretary. Westmoreland County As a condition to use of this [FR Doc. 95–2976 Filed 2–6–95; 8:45 am] Compass Inn, Jct. of US 30 (Lincoln Hwy.) exemption, any employee adversely BILLING CODE 7035±01±P and California Ave., Ligonier Township, affected by the abandonment shall be Laughlintown, 95000124 protected under Oregon Short Line R. 2 A stay will be issued routinely by the Commission in those proceedings where an WISCONSIN Co.—Abandonment—Goshen, 360 I.C.C. informed decision on environmental issues Barron County 91 (1979). To address whether this (whether raised by a party or by the Commission’s condition adequately protects affected Section of Environmental Analysis in its Island of Happy Days, Stout Island, Red employees, a petition for partial independent investigation) cannot be made prior to Cedar Lake, Cedar Lake, 95000141 the effective date of the notice of exemption. See revocation under 49 U.S.C. 10505(d) Exemption of Out-of-Service Rail Lines, 5 I.C.C.2d Kenosha County must be filed. 377 (1989). Any entity seeking a stay on Lucas Site, Address Restricted, Pleasant environmental concerns is encouraged to file its Prairie vicinity, 95000136 1 The abandonment of the line segment which request as soon as possible in order to permit the connects with this line between milepost 36.66, Commission to review and act on the request before Price County near Slidell, LA, and milepost 54, near Talisheek, the effective date of this exemption. Phillips High School, 300 Cherry St., Phillips, was exempted in Illinois Central Company— 3 See Exempt. of Rail Abandonment—Offers of 95000156 Abandonment Exemption—in St. Tammany Parish Finan. Assist., 4 I.C.C.2d 164 (1987). LA, Docket No. AB–43 (Sub-No. 157X) (ICC served 4 The Commission will accept a late-filed trail use Waukesha County May 20, 1994). request as long as it retains jurisdiction to do so. 7214 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices DEPARTMENT OF JUSTICE Notice Pursuant to the National provisions limiting the recovery of Cooperative Research and Production antitrust plaintiffs to actual damages Antitrust Division Act of 1993ÐJoint Research and under specified circumstances. Development Program for the Specifically, Roussel UCLAF Notice Pursuant to the National Advancement of In Situ Bioremediation Corporation’s corporate name has been Cooperative Research and Production Technologies changed to AgrEvo Environmental Act of 1993; DDBSA Joint Venture Health, Montvale, NJ. Notice is hereby given that, on No other changes have been made in Notice is hereby given that, on December 13, 1994, pursuant to Section 6(a) of the National Cooperative either membership, corporate names, or December 28, 1994, pursuant to Section planned activities of the Joint Venture. 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), E.I. Pyrethrin Joint Venture remains open Research and Production Act of 1993, du Pont de Nemours and Company and the parties intend to file additional 15 U.S.C. 4301 et seq. (‘‘the Act’’), H.B. (‘‘DuPont Company’’) filed notifications written notification disclosing all Fuller Company filed written simultaneously with the Attorney changes in membership. notification simultaneously with the General and the Federal Trade On February 6, 1987, the Joint Attorney General and the Federal Trade Commission disclosing (1) the identities Venture filed its original notification Commission disclosing changes in the of the parties and (2) the nature and pursuant to section 6(a) of the Act. The membership of the parties to the DDBSA objectives of a Joint Research and Department of Justice published a notice Joint Venture (‘‘Joint Venture’’). The Development Program for the in the Federal Register pursuant to notification was filed for the purpose of Advancement of In Situ Bioremediation section 6(b) of the Act on March 18, extending the Act’s provisions limiting Technologies. The notifications were 1986 (51 FR 9286). The last notification the recovery of antitrust plaintiffs to filed for the purpose of invoking the was filed with the Department of Justice actual damages under specified Act’s provisions limiting the recovery of on May 29, 1992. A notice was circumstances. The changes consist of antitrust plaintiffs to actual damages published in the Federal Register the addition of the following parties to under specified circumstances. Pursuant pursuant to section 6(b) of the Act on the DDBSA Joint Venture: J.F. Daly to Section 6(b) of the Act, the identities July 29, 1992 (57 FR 33523). International LTD, Chicago, IL of the parties are Ciba-Geigy Constance K. Robinson, (represented by Technology Science Corporation, Ardsley, NY; The Dow Director of Operations Antitrust Division. Chemical Company, Midland, MI; Group, Inc., Washington, D.C.); [FR Doc. 95–2884 Filed 2–6–95; 8:45 am] MVTechnologies, Inc., Akron, OH; and DuPont Company, Wilmington, DE; BILLING CODE 4410±01±M Weeks Chemical, Inc., Sicily Island, LA. General Electric Company. Fairfield, CT; In addition, The Stepan Co., Northfield, Monsanto Company St. Louis, MO; and IL has withdrawn from the Joint Venture Zeneca, Inc., Wilmington, DE. The Notice Pursuant to the National and Diversey Corporation’s corporate objectives of the program are to share Cooperative Research and Production name should be shown as Diversey existing research in the techniques of Act of 1993; Sodium Bisulfate Joint Corp. intrinsic bioremediation, bioventing, Venture and accelerated anaerobic No other changes have been made in bioremediation for the remediation of either the membership, corporate Notice is hereby given that, on chlorinated solvent contaminants in soil December 21, 1994, pursuant to section names, or planned activities of the Joint or ground water; to work collectively to 6(a) of the National Cooperative Venture. Membership in the Join demonstrate the treatment systems in Research and Production Act of 1993, Venture remains open, and the parties the field at hazardous waste sites; and 15 U.S.C. 4301 et seq. (‘‘the Act’’), intend to file additional written ultimately to advance the technologies Reckitt & Colman Household Products notification disclosing any changes in to the point of public and regulatory filed written notification simultaneously membership. acceptability. with the Attorney General and the On April 15, 1992, H.B. Fuller Constance K. Robinson, Federal Trade Commission disclosing a Company filed its original notification Director of Operations, Antitrust Division. change in its membership. The pursuant to Section 6(a) of the Act. The [FR Doc. 95–2885 Filed 2–6–95; 8:45 am] notification was filed for the purpose of Department of Justice published a notice BILLING CODE 4410±01±M extending the Act’s provisions limiting in the Federal Register pursuant to the recovery of antitrust plaintiffs to Section 6(b) of the Act on May 29, 1992 actual damages under specified Notice Pursuant to the National (57 FR 22829). The last notification was circumstances. The change consists of Cooperative Research and Production filed with the Department on June 28, the addition of the following party to Act of 1993; Pyrethrin Joint Venture 1993. A notice was published in the the Sodium Bisulfate Joint Venture: Federal Register pursuant to Section Notice is hereby given that, on Jones-Hamilton, Walbridge, OH. No 6(b) of the Act on August 17, 1993 (58 January 9, 1995, pursuant to section 6(a) other changes have been made in either FR 43654). of the National Cooperative Research the membership, corporate names, or planned activities of the Joint Venture. Constance K. Robinson, and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), AgrEvo Membership in the Joint Venture Director of Operations, Antitrust Division. Environmental Health filed written remains open and the parties intend to [FR Doc. 95–2887 Filed 2–6–95; 8:45 am] notification simultaneously with the file additional written notification BILLING CODE 4410±01±M Attorney General and the Federal Trade disclosing all changes in membership. Commission disclosing a change in the On May 23, 1991, the Joint Venture corporate name of a member of the filed its original notification pursuant to Pyrethrin Joint Venture (‘‘Joint section 6(a) of the Act. The Department Venture’’). The notification was filed for of Justice published a notice in the the purpose of extending the Act’s Federal Register pursuant to section Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7215 6(b) of the Act on June 27, 1991 (56 FR services of a temporary or seasonal of this notice, are set forth in the table 29500). nature in the United States unless the below: Constance K. Robinson, petitioner has applied to the Department Director of Operations, Antitrust Division. of Labor (DOL) for an H–2A labor 1995 ADVERSE EFFECT WAGE RATES [FR Doc. 95–2886 Filed 2–6–95; 8:45 am] certification. The labor certification (AEWRS) BILLING CODE 4410±01±M must show that (1) There are not sufficient U.S. workers who are able, State 1995 willing, and qualified and who will be AEWR available at the time and place needed DEPARTMENT OF LABOR Alabama ...... $5.66 to perform the labor or services involved Arizona ...... 5.80 Employment and Training in the petition; and (2) the employment Arkansas ...... 5.19 Administration of the alien in such labor or services California ...... 6.24 will not adversely affect the wages and Colorado ...... 5.62 Labor Certification Process for the working conditions of workers in the Connecticut ...... 6.21 Temporary Employment of Aliens in United States similarly employed. 8 Delaware ...... 5.81 Agriculture and Logging in the United U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and Florida ...... 6.33 States: 1995 Adverse Effect Wage 1188. Georgia ...... 5.66 Rates and Allowable Charges for Hawaii ...... 8.73 DOL’s regulations for the H–2A Idaho ...... 5.57 Agricultural and Logging Workers' program require that covered employers Illinois ...... 6.18 Meals offer and pay their U.S. and H–2A Indiana ...... 6.18 workers no less than the applicable Iowa ...... 5.72 AGENCY: Employment Service, hourly adverse effect wage rate (AEWR). Kansas ...... 5.99 Employment and Training 20 CFR 655.102(b)(9); see also 20 CFR Kentucky ...... 5.47 Administration, Labor. 655.107. Reference should be made to Louisiana ...... 5.19 ACTION: Notice of adverse effect wage the preamble to the July 5, 1989, final Maine ...... 6.21 rates (AEWRs) and allowable charges for rule (54 FR 28037), which explains in Maryland ...... 5.81 meals for 1995. Massachusetts ...... 6.21 great depth the purpose and history of Michigan ...... 5.65 AEWRs, DOL’s discretion in setting SUMMARY: The Director, U.S. Minnesota ...... 5.65 AEWRs, and the AEWR computation Employment Service, announces 1995 Mississippi ...... 5.19 methodology at 20 CFR 655.107(a). See adverse effect wage rates (AEWRs) for Missouri ...... 5.72 also 52 FR 20496, 20502–20505 (June 1, Montana ...... 5.57 employers seeking nonimmigrant alien 1987). Nebraska ...... 5.99 (H–2A) workers for temporary or Nevada ...... 5.62 seasonal agricultural labor or services A. Adverse Effect Wage Rates (AEWRs) New Hampshire ...... 6.21 and the allowable charges employers for 1995 New Jersey ...... 5.81 seeking nonimmigrant alien workers for New Mexico ...... 5.80 Adverse effect wage rates (AEWRs) temporary or seasonal agricultural labor New York ...... 6.21 are the minimum wage rates which DOL or services or logging work may levy North Carolina ...... 5.50 has determined must be offered and upon their workers when they provide North Dakota ...... 5.99 paid to U.S. and alien workers by three meals per day. Ohio ...... 6.18 employers of nonimmigrant (H–2A) Oklahoma ...... 5.32 AEWRs are the minimum wage rates agricultural workers. DOL emphasizes, Oregon ...... 6.41 which the Department of Labor has however, that such employers must pay Pennsylvania ...... 5.81 determined must be offered and paid to the highest of the AEWR, the applicable Rhode Island ...... 6.21 U.S. and alien workers by employers of prevailing wage or the statutory South Carolina ...... 5.66 nonimmigrant alien agricultural workers South Dakota ...... 5.99 minimum wage, as specified in the (H–2A visaholders). AEWRs are Tennessee ...... 5.47 regulations. 20 CFR 655.102(b)(9). established to prevent the employment Texas ...... 5.32 Except as otherwise provided in 20 CFR of these aliens from adversely affecting Utah ...... 5.62 Part 655, Subpart B, the regionwide wages of similarly employed U.S. Vermont ...... 6.21 AEWR for all agricultural employment Virginia ...... 5.50 workers. (except those occupations deemed Washington ...... 6.41 The Director also announces the new inappropriate under the special West Virginia ...... 5.47 rates which covered agricultural and circumstances provisions of 20 CFR Wisconsin ...... 5.65 logging employers may charge their 655.93) for which temporary alien Wyoming ...... 5.57 workers for three daily meals. agricultural labor (H–2A) certification is B. Allowable Meal Charges EFFECTIVE DATE: February 7, 1995. being sought, is equal to the annual FOR FURTHER INFORMATION CONTACT: Mr. weighted average hourly wage rate for Among the minimum benefits and John M. Robinson, Deputy Assistant field and livestock workers (combined) working conditions which DOL requires Secretary for Employment and Training, for the region as published annually by employers to offer their alien and U.S. U.S. Department of Labor, Room N4700, the U.S. Department of Agriculture workers in their applications for 200 Constitution Avenue, N.W., (USDA does not provide data on temporary logging and H–2A Washington, D.C. 20210. Telephone: Alaska). 20 CFR 655.107(a). agricultural labor certification is the 202–219–5257 (this is not a toll-free The regulation at 20 CFR 655.107(a) provision of three meals per day or free number). requires the Director, U.S. Employment and convenient cooking and kitchen SUPPLEMENTARY INFORMATION: The Service, to publish USDA field and facilities. 20 CFR 655.102(b)(4) and Attorney General may not approve an livestock worker (combined) wage data 655.202(b)(4). Where the employer employer’s petition for admission of as AEWRs in a Federal Register notice. provides meals, the job offer must state temporary alien agricultural (H–2A) Accordingly, the 1995 AEWRs for work the charge, if any, to the worker for workers to perform agricultural labor or performed on or after the effective date meals. 7216 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices DOL has published at 20 CFR submits to the RA the documentation To: All State Employment Security Agencies 655.102(b)(4) and 655.111(a) the required to support the higher charge. From: Barbara Ann Farmer, Administrator for Regional Management methodology for determining the Signed at Washington, DC, this 20th day of maximum amounts covered H–2A Subject: Procedures for H–2B Temporary January 1995. Labor Certification in Nonagricultural agricultural employers may charge their John M. Robinson, U.S. and foreign workers for meals. The Occupations Deputy Assistant Secretary for Employment Classification: ES/Nonag. same methodology is applied at 20 CFR and Training. Correspondence symbol: TEES 655.202(b)(4) and 655.211(a) to covered [FR Doc. 95–2964 Filed 2–6–95; 8:45 am] Date: Nov. 10, 1994 H–2B logging employers. These rules BILLING CODE 4510±30±M 1. Purpose. To transmit revised procedures provide for annual adjustments of the for processing H–2B temporary labor previous year’s allowable charges based certification applications in nonagricultural upon Consumer Price Index (CPI) data. [General Administration Letter No. 1±95] occupations, including revised standards for Each year the maximum charges determining the temporary nature of a job allowed by 20 CFR 655.102(b)(4) and Procedures for H±2B Temporary Labor under the H–2B classification. 655.202(b)(4) are changed by the same Certification in Nonagricultural 2. References. Title 20 CFR Parts 652 and percentage as the twelve-month percent Occupations 655, 8 CFR 214.2(h), 48 FR 2587, GAL 10– change in the CPI for all Urban 84. AGENCY: Consumers for Food (CPI–U for Food) Employment and Training 3. Background. The H–2B visa between December of the year just past Administration, Labor. classification applies to aliens coming and December of the year prior to that. ACTION: Notice. temporarily to the U.S. to perform Those regulations and 20 CFR nonagricultural work of a temporary or SUMMARY: The Employment and 655.111(a) and 655.211(a) provide that seasonal nature, if U.S. workers capable of Training Administration (ETA), performing such service or labor cannot be the appropriate Regional Administrator Department of Labor has issued General found in the United States. The H–2B visa (RA), Employment and Training Administration Letter (GAL) No. 1–95 classification requires a temporary labor Administration, may permit an certification from the Secretary of Labor employer to charge workers no more that transmits to State and Regional Offices revised procedures for advising the Immigration and Naturalization than a higher maximum amount for Service (INS) whether or not U.S. workers providing them with three meals a day, processing H–2B temporary labor certification applications in capable of performing the temporary services if justified and sufficiently documented. or labor are available and whether or not the Each year, the higher maximum nonagricultural occupations, including alien’s employment will adversely affect the amounts permitted by 20 CFR revised standards for determining the wages and working conditions of similarly 655.111(a) and 655.211(a) are changed temporary nature of a job under the employed U.S. workers, or a notice that such by the same percentage as the twelve- H–2B classification. The revised certification cannot be made, prior to filing month percent change in the CPI–U for procedures and standards replace: (1) an H–2B visa petition with INS. Food between December of the year just GAL 10–84, Subject: Procedures for The attached procedures are intended to past and December of the year prior to Temporary Labor Certifications in clarify and update DOL procedures for processing applications for temporary labor that. The regulations require the Nonagricultural Occupations, issued April 23, 1984; (2) GAL 10–84, Change certification and to incorporate INS standards Director, U.S. Employment Service, to for determining the temporary nature of a job make the annual adjustments and to 1, Subject: Revised Standards for Determining the Temporary or opportunity under the H–2B classification. cause a notice to be published in the They do not apply to applications filed on Federal Register each calendar year, Permanent Nature of a Job Offer Made behalf of aliens in the entertainment industry announcing annual adjustments in in Conjunction With an Application for and in professional team sports. These allowable charges that may be made by Nonagricultural Temporary Labor procedures replace: covered agricultural and logging Certification, issued August 21, 1989; • General Administration Letter No. 10– employers for providing three meals and (3) General Administrative Letter 84: Procedures for Temporary Labor daily to their U.S. and alien workers. No. 10–84, Change 2, Subject: Handling Certifications in Nonagricultural Occupations of Temporary Labor Certification (Issued 4/23/84); The 1994 rates were published in a • notice on February 4, 1994 at 59 FR Applications for Boilermakers, issued General Administration Letter No. 10– 5444. May 9, 1990. 84, Change 1: Revised Standards for DOL has determined the percentage GAL 1–95 is published below for the Determining the Temporary or Permanent information of all interested parties. Nature of a Job Offer Made in Conjunction change between December of 1993 and With an Application for Nonagricultural December of 1994 for the CPI–U for DATES: GAL 1–95 was issued on Temporary Labor Certification (Issued 8/21/ Food was 2.4 percent. November 10, 1994. 89); and Accordingly, the maximum allowable FOR FURTHER INFORMATION CONTACT: • General Administration Letter No. 10– charges under 20 CFR 655.102(b)(4), Mr. Denis Gruskin, Senior Specialist, 84, Change 2: Handling of Temporary Labor 655.202(b)(4), 655.111, and 655.211 Division of Foreign Labor Certifications, Certification Applications for Boilermakers were adjusted using this percentage Employment and Training (Issued 5/9/90). change, and the new permissible 4. Action Required. SESA Administrators Administration, Room N–4456, 200 are required to provide the attached charges for 1995 are as follows: (1) For Constitution Avenue NW., Washington, 20 CFR 655.102(b)(4) and 655.202(b)(4), procedures to appropriate staff, and instruct DC 20210. Telephone (202) 219–4369 that they be followed in processing H–2B the charge, if any, shall be no more than (this is not a toll-free number). $6.97 per day, unless the RA has applications. 5. Inquiries. Inquiries should be directed to approved a higher charge pursuant to 20 Signed at Washington, DC, this 7th day of December 1994. the appropriate Regional Certifying Officer. CFR 655.111 or 655.211(b); for 20 CFR 6. Attachments. Procedures for H–2B John M. Robinson, 655.111 and 655.211, the RA may Temporary Labor Certification in permit an employer to charge workers Deputy Assistant Secretary for Employment Nonagricultural Occupations. and Training. up to $8.71 per day for providing them Rescissions: GAL Nos. 10–84; 10–84, Ch. 1; with three meals per day, if the Directive: General Administration Letter No. 10–84, Ch. 2 employer justifies the charge and 1–95 Expiration Date: December 31, 1995 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7217 Procedures for H–2B Temporary Labor aliens in the entertainment industry and in B. Every temporary application shall Certification in Nonagricultural Occupations professional team sports. include: 1. An original and one copy of Form ETA I. General II. Standards for Determining the Temporary 750, Part A, the offer of employment portion A. An H–2B temporary nonagricultural Nature of a Job Offer Under the H–2B of the Application for Alien Employment worker is an alien who is coming temporarily Classification Certification form signed by the employer. to the U.S. to perform temporary services or A. A job opportunity is temporary under Part B, Statement of Qualifications of Alien, labor if qualified U.S. workers capable of the H–2B classification if the employer’s is not required. performing such services or labor are not need for the duties to be performed is 2. Documentation of any efforts to recruit available, and whose employment will not temporary, whether or not the underlying job U.S. workers the employer may have made adversely affect the wages and working is permanent or temporary. As a general rule, before filing the application. conditions of similarly employed U.S. the period of the employer’s need must be 1 3. A statement explaining why the job workers. year or less, although there may be opportunity is temporary and why the B. Immigration and Naturalization Service extraordinary circumstances where the need employer’s need for the work to be done (INS) regulations at 8 CFR 214.2(h)(6) may be for longer than 1 year. The labor meets the standard of either a one-time establish requirements for the H–2B visa certification application may be filed for up occurrence, a seasonal need, a peakload classification. INS regulations require: (1) to, but not exceeding, 12 months. If there are need, or an intermittent need. That the H–2B petitioner be a U.S. employer, unforeseen circumstances where the C. To allow for enough recruitment of U.S. or the authorized representative of a foreign employer’s need exceeds 1 year, a new workers and enough processing time by State employer having a location in the Untied certification is required for each period and Regional Offices, the State Employment States; and (2) that the employer apply for beyond 1 year. Security Agency (SESA) shall advise temporary labor certification with the Temporary employment should not be employers to file requests for temporary labor Department of Labor (DOL) prior to filing a confused with part-time employment which certification at least 60 days before the labor petition with INS to classify an alien as an does not qualify for temporary (or certification is needed in order to receive a H–2B worker in all areas of the United States, permanent) labor certification. timely determination. except the Territory of Guam. In Guam, an B. The employer’s need for the services or D. Unless the Certifying Officer specifies employer must apply to the Governor of labor shall be either: (1) A one-time otherwise, the SESA should return to Guam for an H–2B temporary labor occurrence; (2) a seasonal need; (3) a employers requests for temporary labor certification. peakload need; or (4) an intermittent need. certification filed more than 120 days before the worker is needed and advise them to C. A temporary labor certification is advice 1. One-time Occurrence from the Secretary of Labor to INS on refile the application no more than 120 days whether or not U.S. workers capable of The employer must establish: (1) that it has before the worker is needed. This is performing the temporary services or labor not employed workers to perform the necessary since the availability of temporary are available and whether or not the alien’s services or labor in the past; and (2) that it U.S. workers changes over short periods of employment will adversely affect the wages will not need workers to perform the services time and an adequate test of the labor market and working conditions of similarly or labor in the future, or that it has an cannot be made for a longer period. E. More than one alien may be requested employed U.S. workers. The INS is not employment situation that is otherwise on an application if they are to do the same bound by DOL’s certification or notice that permanent, but a temporary event of short type of work on the same terms and certification cannot be made. duration has created the need for a temporary conditions, in the same occupation, in the D. DOL regulations at 20 CFR 655 Subpart worker. same area(s) of employment during the same A—Labor Certification Process for Temporary 2. Seasonal Need period. However, the number requested may Employment in Occupations Other Than The employer must establish that the not exceed the actual number of job Agriculture, Logging, or Registered Nursing service or labor is traditionally tied to a openings. The number of openings the in the United States (H–2B Workers) govern season of the year by an event or pattern and employer intends to fill must also be the labor certification process for temporary is of a recurring nature. The employer must specified in the advertisement and the job employment in the U.S. under the H–2B visa specify the period(s) of time during each year order required in section IV of these classification. They require that DOL, in which it does not need the services or instructions. through the appropriate Regional labor. The employment is not seasonal if the F. If the employer’s agent files the Administrator of the Employment and period during which the services or labor is application, the employer must sign the Training Administration, issue a temporary needed is unpredictable, subject to change, or ‘‘authorization of agent’’ statement on the labor certification if it finds that qualified considered a vacation period for the Application for Alien Employment persons in the U.S. are not available and that employer’s permanent employees. Certification which authorizes the agent to the terms of employment will not adversely act on the employer’s behalf. The employer affect the wages and working conditions of 3. Peakload Need is fully responsible for the accuracy of all similarly employed workers in the U.S. In The employer must establish that it representations made by the agent on the making its findings, DOL considers such regularly employs permanent workers to employer’s behalf. An attorney must file a matters as the employer’s attempts to recruit perform the services or labor at the place of Notice of Appearance (Form G–28) naming U.S. workers and the appropriateness of the employment and its needs to supplement its the attorney’s client(s). wages and working conditions offered, and permanent staff on a temporary basis due to G. If extraordinary circumstances establish the policies for the U.S. Employment Service a seasonal or short-term demand with a need that requires the services of the alien set forth at 20 CFR 652 and 20 CFR 655, temporary employees who will not become a beneficiary for more than a year, a new subparts A, B and C. part of the regular operation. application must be filed (see section II.A). E. This document clarifies and updates However, in no instance may the time for 4. Intermittent Need procedures issued by ETA in General which a particular job be certified exceed 3 Administration Letter (GAL) 10–84 and The employer must establish that it has not unbroken years. Changes 1 and 2, to carry out responsibilities employed permanent or full-time workers to H. When the job opportunity requires the of making labor certification determinations perform the services or labor, but work to be done in more than one location, pursuant to regulations at 8 CFR 214.2(h)(6) occasionally or intermittently needs the application must include the itinerary of and 20 CFR 655, subpart A. It conforms DOL temporary workers for short periods. locations and dates of work in each location. standards for determining the temporary Such applications will be filled with the III. Filing Instructions nature of a job offer under the H–2B SESA having jurisdiction over the area where classification with those of INS and modifies A. An employer that wants to use foreign the employment will begin. DOL recruitment requirements to provide for workers for temporary employment must file a more effective test of the labor market for a temporary labor certification application IV. State Job Service Processing available U.S. workers. These procedures do with the State Employment Security Agency A. Upon receiving a request for temporary not apply to applications filed on behalf of (SESA) serving the area of employment. labor certification, the SESA shall review the 7218 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices job offer for completeness. A job offer certification, or to issue a notice that such h. The employer has not recruited U.S. containing a wage below the prevailing wage certification cannot be made based on workers according to DOL policies and for such employment in the local area is whether or not: procedures. inappropriate and would adversely affect the 1. U.S. workers are available for the B. If the Certifying Officer issues a notice wages of similarly employed U.S. workers. temporary employment opportunity. that a certification cannot be made, the notice The SESA shall determine the prevailing a. The certifying officer, in judging if a U.S. shall: wage, guided by the regulations at 20 CFR worker is available for the temporary (1) Detail the reasons why certification 656.40. employment opportunity, shall determine cannot be made; B. If the job offer is less than full-time, or from documented results of the employer’s (2) Address the availability of U.S. workers contains unduly restrictive job requirements, and SESA’s recruitment efforts, if there are in the occupation, and the prevailing wages or has terms and conditions of employment other appropriate sources of workers where and working conditions of U.S. workers in which otherwise inhibit the effective the employer should have recruited or may the occupation; and recruitment and consideration of U.S. recruit U.S. workers. If further recruitment is (3) Indicate the specific DOL policies workers for the job, the SESA shall advise the required, the application should be returned which were to be followed. employer to correct the deficiencies before to the SESA with specific instructions for the C. If the Certifying Officer issues a commencing the recruitment. additional recruitment. temporary labor certification, it shall be for C. The SESA shall prepare a job order, b. To determine if a U.S. worker is the duration of the temporary employment, using the information on the application, and available, the certifying officer shall consider opportunity, not to exceed 12 months. If place it into the regular ES system for 10 U.S. workers living or working in the area of extraordinary circumstances establish a need days. During this period, the SESA should intended employment, and may also consider that require the alien beneficiary for more refer qualified applicants who walk-in and U.S. workers who are willing to move from than 1 year, a new application must be filed. those in its active files. elsewhere to take the job at their own However, in no instance can the time for D. The employer shall advertise the job expense, or at the employer’s expense, if the which a particular job may be certified opportunity after filing the application, in a prevailing practice among employers who exceed 3 unbroken years. newspaper of general circulation for 3 employ workers in the occupation is to pay D. The date on the temporary labor consecutive days or in a professional, trade such relocation expenses. or ethnic publication, whichever is most certification shall be the beginning and c. The certifying officer shall consider a ending dates of certified employment and the appropriate for the occupation and most U.S. worker able and qualified for the job likely to bring responses from U.S. workers. date certification was granted. The beginning opportunity if the worker, by education, date of certified employment may not be The advertisement shall: training, experience, or a combination 1. Identify the employer’s name and direct earlier than the date certification was thereof, can perform the duties involved in granted. applicants to report or send resumes to the the occupation as customarily performed by SESA for referral to the employer; other U.S. workers similarly employed and is VI. Document Transmittal 2. Include SESA identification number and willing to accept the specific job opportunity. the complete name and address of the SESA. A. After making a temporary labor d. To determine if U.S. workers are 3. Describe the job opportunity with certification determination, the certifying available for job opportunities that will be particularity, including the duration of the officer shall notify the employer, in writing, performed in more than one location, employment; of the determination. workers must be available in each location on 4. State the rate of pay, which shall not be B. If the labor certification is granted, the dates specified by the employer. below prevailing wage for the occupation; certifying officer shall send the certified 2. The employment of the alien will 5. Offer prevailing working conditions; application containing the official temporary adversely affect wages and working 6. State the employer’s minimum job labor certification stamp, supporting conditions of U.S. workers similarly requirements; documents, and completed Temporary employed. To determine this, the certifying 7. Offer wages, terms, and conditions of Determination Form to the employer of, if employment which are not less favorable officer shall consider such things as labor appropriate, the employer’s agent or attorney. than those offered to the alien and are market information, special circumstances of The Temporary Determination Form shall consistent with the nature of the occupation, the industry, organization, and/or indicate that the employer should submit all activity, and industry. occupation, the prevailing wage rate for the documents together with the employer’s E. The employer shall document that occupation in the area of intended petition to the appropriate INS office. unions and other recruitment sources, employment, and prevailing working C. If a notice is issued that certification appropriate for the occupation and conditions, such as hours of work. cannot be made, the certifying officer shall customary in the industry, were unable to 3. The job opportunity contains return one copy of the Application for Alien refer qualified U.S. workers. requirements or conditions which preclude Employment Certification form, supporting F. The employer shall provide the SESA consideration of U.S. workers or which documents, and completed Temporary the ‘’tearsheets’’ (for each day the otherwise prevent their effective recruitment, Determination Form to the employer, or, if advertisement was published) from the such as: appropriate, to the employer’s agent or publication in which the advertisement a. The employment opportunity is attorney. The Temporary Determination appeared and written results of all represented as temporary and the Department Form shall indicate the bases on which the recruitment which must: of Labor believes it can and should be offered decision was made not to issue a temporary 1. Identify each recruitment source by to U.S. workers on a permanent basis. labor certification, and shall advise the name: b. A permanent certification was issued to employer of the right to appeal to the INS. 2. State the name, address, and telephone an employer for the same job opportunity. c. The job opportunity is vacant because VII. Appeal of a Notice That a Certification number and provide resumes (if submitted to Cannot Be Made the employer) of each U.S. worker who the former occupant is on strike or locked out applied for the job; and in the course of a labor dispute involving a A. The finding by the certifying officer, 3. Explain the lawful job-related reasons work stoppage or the job is at issue in a labor that a certification cannot be made, is the for not hiring each U.S. worker. dispute involving a work stoppage. final decision of the Secretary of Labor. There G. After the recruitment period, the SESA d. The job opportunity’s terms, conditions, is no provision for reconsideration or appeal shall send the application, results of and/or occupational environment are of the decision within DOL. Administrative recruitment, prevailing wage findings, and contrary to Federal, State, or local law. appeal of such a finding must be made to other appropriate information to the regional e. The employer has no location within the INS, as set forth below, or the employer may certifying officer. U.S. to which U.S. worker can be referred file a new application. and hired for employment. B. Under the Act and regulations of INS, V. Temporary Labor Certification f. The employer will not pay a wage or DOL’s role is only advisory. The Attorney Determinations salary for the job to be performed. General has the sole authority for the final A. The certifying officer shall determine g. The job’s requirements are unduly approval or denial of a petition for temporary whether to grant the temporary labor restrictive. alien employment. The employer can submit Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7219 countervailing evidence to INS, according to labor market information in skilled trades in Notice of Attestations Filed by 8 C.F.R. 214.2(h)(6)(IV)(E), that qualified order to make an informed labor certification Facilities Using Nonimmigrant Aliens persons in the U.S. are not available, that determination. as Registered Nurses wages and working conditions of U.S. 2. Procedures workers will not be adversely affected, and AGENCY: Employment and Training the Department of Labor’s employment a. The SESA should process the Administration, Labor. policies were observed. application according to parts II, III and IV ACTION: Notice. VIII. Validity of Temporary Labor of these procedures. Certifications b. The SESA shall advise the employer to SUMMARY: The Department of Labor A. A temporary labor certification is valid obtain, from the union local, a letter (DOL) is publishing, for public only for the number of aliens, the occupation, describing the availability of qualified U.S. information, a list of the following the area of employment, the specific activity, workers for the position offered to the alien. health care facilities that have submitted the period of time, and the employer c. Before making a determination, attestations (Form ETA 9029 and specified in the certification. certifying officers should contact, by fax or explanatory statements) to one of four B. A temporary labor certification is telephone, the Executive Director, Human Regional Offices of DOL (Boston, limited to one employer’s specific job Resources Development, 815–16th Street, Chicago, Dallas and Seattle) for the opportunity; it may not be transferred from NW., Washington, DC 20006, and send the one employer to another. purpose of employing nonimmigrant following information for each application: alien nurses. A decision has been made IX. Applications Requiring Special (1) Name and address of company on these organizations’ attestations and Processing requesting certification; they are on file with DOL. A. Aerospace Engineers (2) Location of work site; (3) Local number and name of the union, ADDRESSES: Anyone interested in If the temporary labor certification if known; inspecting or reviewing the employer’s application is for an aerospace engineer, the (4) Dates of any prior certifications attestation may do so at the employer’s SESA shall: requested by company; place of business. 1. Take a job order on all aerospace Attestations and short supporting engineer certification requests. (5) Total number of aliens requested; 2. Require the employer to advertise in a (6) Duration of employment of aliens; explanatory statements are also newspaper or appropriate engineering (7) Job classification, special qualifications available for inspection in the U.S. publication. Advertisements shall describe and wage offered; Employment Service, Employment and wages, terms, and conditions of employment, (8) Assistance offered to aliens (subsistence Training Administration, Department of and shall not identify the employer, but shall housing, other); and Labor, Room N–4456, 200 Constitution direct applicants to send resumes to the local (9) Reasons for requesting alien labor. Avenue NW., Washington, D.C. 20210. Job Service for referral to the employer. d. If HRDI knows of available U.S. workers, Any complaints regarding a particular Results of ads must be documented. they will provide this information to the attestation or a facility’s activities under Advertising copy should include the elements specified in section IV. D. above, certifying officer, along with the name of the that attestation, shall be filed with a and indicate the same wages, education, appropriate local for the employer to contact. local office of the Wage and Hour working conditions, and location of work as If no response is received within 5 days of Division of the Employment Standards that in the application for alien employment the request, a determination will be made on Administration, Department of Labor. and on the order taken by the SESA. information in the file. The address of such offices are found in 3. Require employers to offer laid-off C. Boilermakers many local telephone directories, or engineers reemployment before applying for may be obtained by writing to the Wage labor certification. 1. General and Hour Division, Employment 4. Ensure that all applications for alien On occasion, boilermakers must be brought employment certification from contract Standards Administration, Department engineering firms identify the user aerospace into the U.S. on an emergency basis. Such of Labor, Room S–3502, 200 companies and specify where the aliens will emergencies are generally precipitated by Constitution Avenue NW., Washington, work. unscheduled outages in utility, petro- D.C. 20210. 5. Ensure that a copy of the alien’s chemical and paper industries. Because of FOR FURTHER INFORMATION CONTACT: proposed contract accompanies all contract special considerations involved with Regarding the Attestation Process: engineering firm certification requests. boilermakers when there is an emergency 6. Place into interstate clearance all alien Chief, Division of Foreign Labor situation, it was decided that the most Certifications, U.S. Employment certification job orders for aerospace efficient and effective way to process Service. Telephone: 202–219–5263 (this engineers and related occupations. applications for boilermakers in emergency is not a toll-free number). 7. Process the application according to situations would be to centralize their parts II, III, and IV of these procedures, as handling in the National Office. Regarding the Complaint Process: appropriate. Questions regarding the complaint 2. Procedures B. Construction Workers process for the H–1A nurse attestation a. Labor certifications for boilermakers in program will be made to the Chief, Farm 1. General emergency situations are to be sent directly Labor Program, Wage and Hour Unions representing construction workers to National Office for processing. The address Division. Telephone: 202–219–7605 in the same or substantially equivalent job is: U.S. Department of Labor, Employment classification as those for which labor (this is not a toll-free number). and Training Administration, Division of certification is requested shall be contacted SUPPLEMENTARY INFORMATION: The to determine availability of U.S. workers Foreign Labor, Certifications, 200 Immigration and Nationality Act when SESAs receive requests for 10 or more Constitution Avenue, N.W., Room N–4456, requires that a health care facility workers in the same occupation for the same Washington, D.C. 20210. seeking to use nonimmigrant aliens as b. Labor certification applications for employer at any one time or within a 6- registered nurses first attest to the boilermakers during nonemergency month period. Department of Labor (DOL) that it is The Human Resources Development situations should be processed according to taking significant steps to develop, Institute (HRDI) is the employment and parts II, III, and IV of these procedures. training arm of the AFL–CIO; it serves as a recruit and retain United States (U.S.) centralized liaison between the Department [FR Doc. 95–2965 Filed 2–6–95; 8:45 am] workers in the nursing profession. The of Labor and individual unions in providing BILLING CODE 4510±30±M law also requires that these foreign 7220 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices nurses will not adversely affect U.S. accepted for filing and those which have for inspection at the address for the nurses and that the foreign nurses will been rejected. Employment and Training be treated fairly. The facility’s The list of facilities is published so Administration set forth in the attestation must be on file with DOL that U.S. registered nurses, and other ADDRESSES section of this notice. before the Immigration and persons and organizations can be aware If a person wishes to file a complaint Naturalization Service will consider the of health care facilities that have regarding a particular attestation or a requested foreign nurses for their staff. facility’s H–1A visa petitions for facility’s activities under the attestation, If U.S. registered nurses or other persons bringing nonimmigrant registered such complaint must be filed at the wish to examine the attestation (on nurses to the United States. 26 U.S.C. address for the Wage and Hour Division Form ETA 9029) and the supporting 1101(a)(15)(H)(i)(a) and 1181(m). The of the Employment Standards documentation, the facility is required regulations implementing the nursing Administration set forth in the attestation program are at 20 CFR Parts to make the attestation and ADDRESSES section of this notice. 655, Subpart D, and 29 CFR Part 504, documentation available. Telephone (January 6, 1994). The Employment and numbers of the facilities’ chief executive Signed at Washington, DC, this 12th day of Training Administration, pursuant to 20 officer also are listed to aid public January 1995. CFR 655.310(c), is publishing the inquiries. In addition, attestations and John M. Robinson, following list of facilities which have explanatory statements (but not the full Deputy Assistant Secretary, Employment and submitted attestations which have been supporting documentation) are available Training Administration. DIVISION OF FOREIGN LABOR CERTIFICATIONS, HEALTH CARE FACILITY ATTESTATIONS [Form ETA±9029] CEO-name/facility name/address State Action date ETA REGION 1 11/28/94 TO 12/04/94 Admin. Michael Konig, Union Square Nursing Center, 533 Cambridge Street, Allston, MA, 617±782±2053 ...... MA 12/02/94 ETA CONTROL NUMBERÐ1/216069 ACTIONÐACCEPTED Marilyn Baader, Crouse Irving Memorial Hospital, 736 Irving Avenue, Syracuse, NY 13210, 315±470±7523 ...... NY 12/02/94 ETA CONTROL NUMBERÐ1/216071 ACTIONÐACCEPTED ETA REGION 1 12/19/94 to 12/25/94 Kailash Gupta, Hill Top Care Center, Hook Mountain Road, Pine Brook, NJ 07058, 201±227±1330 ...... NJ 12/19/94 ETA CONTROL NUMBERÐ1/216313 ACTIONÐACCEPTED Lester M. Bornstein, Newark Beth Israel Medical Center,201 Lyons Avenue, Newark, NJ 07112, 201±926±7000 ...... NJ 12/19/94 ETA CONTROL NUMBERÐ1/216259 ACTIONÐACCEPTED Elizabeth Ann Maloney, St. Elizabeth Hospital, 225 Williamson Street, Elizabeth, NJ 07207 908±527±5329 ...... NJ 12/19/94 ETA CONTROL NUMBERÐ1/216367 ACTIONÐACCEPTED Kenneth Jewell, Geritech Providers, Inc., 234 5th Avenue, 4th Floor, New York, NY 10001, 212±213±0473 ...... NY 12/19/94 ETA CONTROL NUMBERÐ1/216258 ACTIONÐACCEPTED ETA REGION 10 12/05/94 TO 12/11/94 Amy Handscom, Hillhaven San Francisco CA, 1359 Pine Street, San Francisco, CA 94109, 415±673±8405 ...... CA 12/09/94 ETA CONTROL NUMBERÐ10/205987 ACTIONÐACCEPTED Sr. Mary McMahon, Oakwood Religious of Sacred Heart, 140 Valparaiso Avenue, Atherton, CA 94027, 415±323± CA 12/07/94 8343. ETA CONTROL NUMBERÐ10/205908 ACTIONÐACCEPTED Kaldeep S. Brar, Stat Medical Services, Inc., 6430 Sunset Boulevard Suite 1207, Hollywood, CA 90028, 213±465± CA 12/09/94 1134. ETA CONTROL NUMBERÐ10/205984 ACTIONÐACCEPTED ETA REGION 10 12/12/94 TO 12/18/94 Tim Howard, Mesa General Hospital Medical Ctr, 515 North Mesa Drive, Mesa, AZ 85201, 602±844±4151 ...... AZ 12/15/94 ETA CONTROL NUMBERÐ10/205956 ACTIONÐACCEPTED Steve Barker, Centinela Hospital Medical Center, 555 East Hardy Street, Inglewood, CA 90307, 310±419±8620 ...... CA 12/15/94 ETA CONTROL NUMBERÐ10/205986 ACTIONÐACCEPTED Amy Handscom, Hillhaven Fair Oaks Healthcare Ctr, 8845 Fair Oaks Boulevard, Carmichael, CA 95608, 617±861± CA 12/15/94 5408. ETA CONTROL NUMBERÐ10/205988 ACTIONÐACCEPTED ETA REGION 10 12/19/94 TO 12/25/94 Jeaneen Hartline, Safford Care Center, 1933 Peppertree Drive, Safford, AZ 85546, 602±428±4910 ...... AZ 12/19/94 ETA CONTROL NUMBERÐ10/206035 ACTIONÐACCEPTED Sharon Dudley, St Luke's Medical Hospital, 1800 E. Van Buren, Phoenix, AZ 85006, 602±251±8336 ...... AZ 12/19/94 ETA CONTROL NUMBERÐ10/206034 ACTIONÐACCEPTED Beverly Heberden, Belmont Grand Convalescent Hosp, 1730 Grand Avenue, Long Beach, CA 90804, 310±930± CA 12/20/94 0777. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7221 DIVISION OF FOREIGN LABOR CERTIFICATIONS, HEALTH CARE FACILITY ATTESTATIONSÐContinued [Form ETA±9029] CEO-name/facility name/address State Action date ETA CONTROL NUMBERÐ10/206147 ACTIONÐACCEPTED Naomi Pueble, CJS Nursing Services, 1415 West Garvey Avenue Suite 101, West Covina, CA 91790, 818±854± CA 12/19/94 0740. ETA CONTROL NUMBERÐ10/206051 ACTIONÐACCEPTED Ulysses Baniga, Cloverleaf Healthcare Center, 275 North San Jacinto, Hemet, CA 92343, 909±658±9441 ...... CA 12/19/94 ETA CONTROL NUMBERÐ10/206231 ACTIONÐACCEPTED Christopher Monroe, Country Villa Rehabilitation Center, 340 South Alvarado Street, Los Angeles, CA 90057, 213± CA 12/20/94 484±9730. ETA CONTROL NUMBERÐ10/206071 ACTIONÐACCEPTED Melanie Fuentes, Cypress Rehabilitation and Nursing, 2990 Soquel Avenue, Santa Cruz, CA 95062, 408±479±6950 CA 12/23/94 ETA CONTROL NUMBERÐ10/206170 ACTIONÐACCEPTED Peter B. Shin, Grace Family Medical Group, 23560 Madison Street Suite 201, Torrance, CA 90505, 310±326±2161 . CA 12/20/94 ETA CONTROL NUMBERÐ10/206069 ACTIONÐACCEPTED Arthur Flaster, HRN Services, Inc., 8383 Wilshire Blvd. Suite 258, Beverly Hills, CA 90211, 213±951±1450 ...... CA 12/20/94 ETA CONTROL NUMBERÐ10/206106 ACTIONÐACCEPTED Nancy P. Villalba, Prime-America Nursing Source, 17199 West Bernardo Drive Suite A±108, San Diego, CA 92127, CA 12/20/94 619±674±4714. ETA CONTROL NUMBERÐ10/206167 ACTIONÐACCEPTED Toni B. Ong, Ridgewood Care Center, 809 Fremont Avenue, Los Altos, CA 94024, 415±941±5255 ...... CA 12/19/94 ETA CONTROL NUMBERÐ10/206050 ACTIONÐACCEPTED Victoria Jefferson, Salinas Care Center, 637 East Romie Lane, Salinas, CA 93901, 408±424±0687 ...... CA 12/20/94 ETA CONTROL NUMBERÐ10/206218 ACTIONÐACCEPTED Marilyn Baker-Venturini, Self-Help for the Elderly, 407 Sansome Street Suite 300, San Francisco, CA 94111, 415± CA 12/20/94 982±9171. ETA CONTROL NUMBERÐ10/206188 ACTIONÐACCEPTED Dr. Rolando Atiga, M.D., Tri-City Urgent Care Center, 408 West Baseline Road, Glendora, CA 91740, 818±914± CA 12/19/94 2893. ETA CONTROL NUMBERÐ10/206068 ACTIONÐACCEPTED Brenda Manke, Valley Palms Care Center, 13400 Sherman Way, North Hollywood, CA 91605, 818±983±0103 ...... CA 12/20/94 ETA CONTROL NUMBERÐ10/206172 ACTIONÐACCEPTED Wilfred Brooks, Vista Health Care Prof., Inc., 3812 Pierce Plaza, Suite H, Riverside, CA 92503, 714±748±1077 ...... CA 12/19/94 ETA CONTROL NUMBERÐ10/206049 ACTIONÐACCEPTED Suwaran Brar, White Cap Nursing Agency, 2500 Marconi Avenue, Suite 108, Sacramento, CA 95821, 916±484± CA 12/21/94 0144. ETA CONTROL NUMBERÐ10/206146 ACTIONÐACCEPTED Joseph O'Grady, O'Grady-Peyton International USA, 470 Atlantic Avenue, Boston, MA 02210, 617±482±5655 ...... MA 12/19/94 ETA CONTROL NUMBERÐ10/206047 ACTIONÐACCEPTED ETA REGION 10 12/26/94 TO 01/01/95 Chetan P. Tanna, Calexico Hospital, 450 Birch Street, Calexico, CA 92231, 619±235±2132 ...... CA 12/27/94 ETA CONTROL NUMBERÐ10/206253 ACTIONÐACCEPTED ETA REGION 5 12/05/94 TO 12/11/94 Carol Lieberman, Providence Hospital, 1150 Varnum Street, NE., Washington, DC 20017, 202±269±7000 ...... DC 12/07/94 ETA CONTROL NUMBERÐ5/234234 ACTIONÐACCEPTED Sylvia Y. Mostello, Deauville Health Care Center, 7445 N. Sheridan Rd., Chicago, IL 60626, 312±338±3300 ...... IL 12/07/94 ETA CONTROL NUMBERÐ5/234238 ACTIONÐACCEPTED Sandy Bauer, Fair Oaks Health Care Center, 471 W. Terra Cotta Avenue, Crystal Lake, IL 60014±3434, 815±455± IL 12/07/94 0550. ETA CONTROL NUMBERÐ5/234239 ACTIONÐACCEPTED Michael Filippo, Fox River Pavilion Ltd Partnership, 400 East New York Street, Aurora, IL 60505, 708±897±8714 ..... IL 12/07/94 ETA CONTROL NUMBERÐ5/234226 ACTIONÐACCEPTED Ms. Sylvia Y. Mostello, Heritage Healthcare Center, 5888 N. Ridge, Chicago, IL 60660, 312±769±2626 ...... IL 12/07/94 ETA CONTROL NUMBERÐ5/234236 ACTIONÐACCEPTED Sister M. Elizabeth, Holy Family Health Center, 2380 E. Dempster Street, Des Plaines, IL 60016, 708±296±3335 ..... IL 12/07/94 ETA CONTROL NUMBERÐ5/234227 ACTIONÐACCEPTED Agustina T. Artates, Midwest Quality Nursing Services, 18 W 182 73rd Street, Westmont, IL 60559, 708±960±1529 . IL 12/07/94 ETA CONTROL NUMBERÐ5/234233 ACTIONÐACCEPTED John Schlofrock, Redwood Assoc Limited Partnership, 3535 N. Rochelle, Peoria, IL 61604, 309±685±8800 ...... IL 12/07/94 ETA CONTROL NUMBERÐ5/234224 ACTIONÐACCEPTED Virginia G. Leavitt, Valley Hi Nursing Home for McHenry, 2406 Hartland Road, Woodstock, IL 60098, 815±338±0312 IL 12/07/94 ETA CONTROL NUMBERÐ5/234237 ACTIONÐACCEPTED Lori DeBoer, Menorah House, 26715 Greenfield, Southfield, MI 48076, 810±557±0050 ...... MI 12/05/94 ETA CONTROL NUMBERÐ5/234137 ACTIONÐACCEPTED Velma Farris, Alpha Manor Nursing Home, 440 E. Grand Blvd., Detroit, MI 48207, 313±579±2900 ...... MI 12/05/94 ETA CONTROL NUMBERÐ5/234139 ACTIONÐACCEPTED Paul Tirjan, Quaker Health, Inc., 80 West Lancaster Avenue, Devon, PA 19333, 215±688±8335 ...... PA 12/07/94 7222 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices DIVISION OF FOREIGN LABOR CERTIFICATIONS, HEALTH CARE FACILITY ATTESTATIONSÐContinued [Form ETA±9029] CEO-name/facility name/address State Action date ETA CONTROL NUMBERÐ5/234206 ACTIONÐACCEPTED ETA REGION 5 12/12/94 TO 12/18/94 Charlene Wells, Peterson Park Health Care Center, 6141 N. Pulaski, Chicago, IL 60646, 312±478±2000 ...... IL 12/14/94 ETA CONTROL NUMBERÐ5/234542 ACTIONÐACCEPTED Orlando Morales, Grand Park Surgical Center, Inc., 1479 E. 84th Place, Merrillville, IN 46410, 219±738±2828 ...... IN 12/14/94 ETA CONTROL NUMBERÐ5/234543 ACTIONÐACCEPTED Joseph Dismond, Woodmont Healthcare Center, 11 Dairy Lane, Fredericksburg, VA 22404, 703±371±9414 ...... VA 12/12/94 ETA CONTROL NUMBERÐ5/234478 ACTIONÐACCEPTED ETA REGION 5 12/19/94 TO 12/25/94 Barbara Rohrbach, Embassy Care Center, 555 West Kahler Road, Wilmington, IL 60481±1527, 815±476±2200 ...... IL 12/22/94 ETA CONTROL NUMBERÐ5/234894 ACTIONÐACCEPTED Bill Brotzman, Maplewood Care Inc., 50 North Jane Drive, Elgin, IL 60123, 708±697±3750 ...... IL 12/22/94 ETA CONTROL NUMBERÐ5/234895 ACTIONÐACCEPTED Ken Deardorff, St. Patrick's Residence, 1400 Brookdale Road, Naperville, IL 60563, 708±416±6565 ...... IL 12/22/94 ETA CONTROL NUMBERÐ5/234891 ACTIONÐACCEPTED Betty Down, Meridian Nrsing Cntr Multi-Medical, 7700 York Road, Towson, MD 21204, 410±821±5500 ...... MD 12/22/94 ETA CONTROL NUMBERÐ5/234893 ACTIONÐACCEPTED Cynthia Cieciwa, Medilodge of Howell, 1333 W. Grand River, Howell, MI 48843, 517±548±1900 ...... MI 12/22/94 ETA CONTROL NUMBERÐ5/234925 ACTIONÐACCEPTED Becky M. Radford, Jefferson Surgical Clinic, Inc., 1234 Franklin Road, S.W., Roanoke, VA 24016, 703±345±1561 .... VA 12/22/94 ETA CONTROL NUMBERÐ5/234928 ACTIONÐACCEPTED ETA REGION 5 12/26/94 TO 01/01/95 Paule Levadas, Acadia Health Professionals Inc., 3007 M Street, NW., Suite 301A, Washington, DC 20007, 202± DC 12/28/94 337±6928. ETA CONTROL NUMBERÐ5/235068 ACTIONÐACCEPTED Douglas Shepherd, National Rehabilitation Hospital, 102 Irving Street, NW, G±050, Washington, DC 20010, 202± DC 12/28/94 877±1680. ETA CONTROL NUMBERÐ5/235070 ACTIONÐACCEPTED Sandra Bell, Dauphin Manor, 1205 S. 28th Street, Harrisburg, PA 17111, 717±558±1000 ...... PA 12/28/94 ETA CONTROL NUMBERÐ5/235073 ACTIONÐACCEPTED ETA REGION 6 12/05/94 TO 12/11/94 Ms. Charlotte Butts, Boulevard Manor Nursing Center, 2839 S. Seacrest Blvd., Boynton Beach, FL 33435, 407±732± FL 12/07/94 2464. ETA CONTROL NUMBERÐ6/223242 ACTIONÐACCEPTED Mr. Bob A. Dodd, East Pasco Medical Center, 7050 Gall Boulevard, Zephyrhills, FL 33541, 813±788±0411 ...... FL 12/07/94 ETA CONTROL NUMBERÐ6/223244 ACTIONÐACCEPTED Mr. Gary S. Cooke, Evergreen Woods Health Center, 7045 Evergreen Woods Trail, Springhill, FL 34608, 904±596± FL 12/07/94 8371. ETA CONTROL NUMBERÐ6/223311 ACTIONÐACCEPTED Mr. Dennis W. O'Leary, Mariner Health Care of Port Orange, 5600 Victoria Gardens Blvd., Port Orange, FL 32127, FL 12/07/94 904±760±7773. ETA CONTROL NUMBERÐ6/223326 ACTIONÐACCEPTED Ms. Ella Wilson, Presbyterian Nursing Center, 1919 Lakeland Hills Blvd., Lakeland, FL 33805, 813±688±5612 ...... FL 12/07/94 ETA CONTROL NUMBERÐ6/223239 ACTIONÐACCEPTED Fe A. Hanvivatpong, Ultimate Care, Inc., 131 South Federal Highway Suite 4, Boca Raton, FL 33432, 407±496± FL 12/07/94 7993. ETA CONTROL NUMBERÐ6/223243 ACTIONÐACCEPTED Mr. Joseph O'Grady, O'Grady-Peyton, International, 470 Atlantic Avenue, Boston, MA 02210, 617±482±5655 ...... MA 12/07/94 ETA CONTROL NUMBERÐ6/223483 ACTIONÐACCEPTED Mr. Claude Harbarger, St. Dominic-Jackson Memorial Hosp., 969 Lakeland Drive, Jackson, MS 39216±4699, 601± MS 12/07/94 364±6734. ETA CONTROL NUMBERÐ6/223240 ACTIONÐACCEPTED Mr. Phillip L. Coppage, Healthsouth Dallas Rehab Institute, 9713 Harry Hines Blvd., Dallas, TX 75220±5498, 214± TX 12/07/94 358±6000. ETA CONTROL NUMBERÐ6/223484 ACTIONÐACCEPTED Mr. Wendell H. Baker, Jr., Matagorda County Hospital District, 1115 Avenue G, Bay City, TX 77414, 409±245±6383 TX 12/07/94 ETA CONTROL NUMBERÐ6/223350 ACTIONÐACCEPTED Mr. John Mims, McAllen Medical CenterÐUHS, 301 West Expressway 83, McAllen, TX 78503, 210±632±4000 ...... TX 12/07/94 ETA CONTROL NUMBERÐ6/223245 ACTIONÐACCEPTED Ms. Pam Kennedy, Panola Nursing Home, 501 Cottage Road, Carthage, TX 75633, 903±693±7141 ...... TX 12/07/94 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7223 DIVISION OF FOREIGN LABOR CERTIFICATIONS, HEALTH CARE FACILITY ATTESTATIONSÐContinued [Form ETA±9029] CEO-name/facility name/address State Action date ETA CONTROL NUMBERÐ6/223241 ACTIONÐACCEPTED Mr. David Buchmueller, Providence Memorial Hospital, 2001 North Oregon, El Paso, TX 79902, 915±546±2810 ...... TX 12/07/94 ETA CONTROL NUMBERÐ6/223482 ACTIONÐACCEPTED Ms. Berneice Hill, Terrell Care Center, 204 West Nash Street, Terrell, TX 75160, 214±563±7668 ...... TX 12/07/94 ETA CONTROL NUMBERÐ6/223309 ACTIONÐACCEPTED Mr. Harry C. McClain, Jr., Wilson County Memorial Hospital, 1301 Hospital Blvd., Floresville, TX 78114, 210±393± TX 12/07/94 3122. ETA CONTROL NUMBERÐ6/223485 ACTIONÐACCEPTED ETA REGION 6 12/12/94 TO 12/18/94 Mr. William J. Byron, Good Samaritan Medical Center, P.O. Box 3166, West Palm Beach, FL 33402, 407±655±5511 FL 12/14/94 ETA CONTROL NUMBERÐ6/223643 ACTIONÐACCEPTED Ms. Anne L. Goodge, Royal Oak Nursing Center, 37300 Royal Oak Lane, Dade City, FL 33525, 904±567±3122 ...... FL 12/14/94 ETA CONTROL NUMBERÐ6/223502 ACTIONÐACCEPTED Mr. Paul Metts, Shands Teaching Hospital/Clinics, 1600 SW. Archer Road, Gainesville, FL 32610, 904±395±0441 .... FL 12/15/94 ETA CONTROL NUMBERÐ6/224153 ACTIONÐACCEPTED Mr. Jack Campo, Staff Builders Home Health Agency, 9342 S. Federal Highway, Port St. Lucie, FL 34952, 407± FL 12/14/94 878±8820. ETA CONTROL NUMBERÐ6/223504 ACTIONÐACCEPTED Joy King, Toccoa Nursing Center, P.O. Box 1129 Falls Road, Toccoa, GA 30577, 706±886±8491 ...... GA 12/14/94 ETA CONTROL NUMBERÐ6/223554 ACTIONÐACCEPTED Ms. Barbara R. Cale, Chowan Hospital, Inc., P.O. Box 629, Edenton, NC 27932, 919±482±6277 ...... NC 12/14/94 ETA CONTROL NUMBERÐ6/223593 ACTIONÐACCEPTED H. Paul Schrank, IHS of Charlotte at Hawthorne, 333 Hawthorne Lane, Charlotte, NC 28204, 704±372±1270 ...... NC 12/14/94 ETA CONTROL NUMBERÐ6/223553 ACTIONÐACCEPTED Mr. Raymond L. Champ, Wake Medical Center, P.O. Box 14465, Raleigh, NC 27620±4465, 919±250±8138 ...... NC 12/14/94 ETA CONTROL NUMBERÐ6/223617 ACTIONÐACCEPTED Ray Barton III, St. Joseph Healthcare System, P.O. Box 25555, 601 Grand Avenue NE., Albuquerque, NM 87125, NM 12/14/94 505±884±8000. ETA CONTROL NUMBERÐ6/223555 ACTIONÐACCEPTED Mr. Erik Stumpff, Cinderella Realty, Inc., P.O. Box 1517, 1100 Oakridge Drive, Durant, OK 74702, 405±924±3244 ... OK 12/14/94 ETA CONTROL NUMBERÐ6/223638 ACTIONÐACCEPTED Mr. Erik Stumpff, Four Seasons Nursing Ctr./Durant, P.O. Box 1517, 1212 Four Seasons Drive, Durant, OK 74702, OK 12/14/94 405±924±1302. ETA CONTROL NUMBERÐ6/223639 ACTIONÐACCEPTED Mr. Erik Stumpff, Madill Care Facility, Inc., P.O. Box 848, Hwy 99 South, Madill, OK 73446, 405±795±2100 ...... OK 12/14/94 ETA CONTROL NUMBERÐ6/223637 ACTIONÐACCEPTED Mr. Erik Stumpff, Marietta Care Facility, Inc., P.O. Box 40, 401 Medical Drive, Marietta, OK 73448, 405±276±3318 ... OK 12/14/94 ETA CONTROL NUMBERÐ6/223635 ACTIONÐACCEPTED Mr. Erik Stumpff, Tishomingo Care Facility, Inc., P.O. Box 127, 607 S. Byrd, Tishomingo, OK 73460, 405±371±2317 OK 12/14/94 ETA CONTROL NUMBERÐ6/223636 ACTIONÐACCEPTED Sabra L. Keels, Sumter Dialysis Center, 214 W. Hampton Avenue, Sumter, SC 29150, 803±775±7374 ...... SC 12/14/94 ETA CONTROL NUMBERÐ6/223574 ACTIONÐACCEPTED Mr. James L. Whitis, Guadalupe Valley Rehab & Nursing Ctr., 1210 Eastwood Drive, Seguin, TX 78155, 210±379± TX 12/14/94 9328. ETA CONTROL NUMBERÐ6/223573 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Country Manor, 505 North FM 1417, Sherman, TX 75090, 903±893±1483 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223633 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Estates, 201 Sycamore School Road, Fort Worth, TX 76134, 817±293±7610 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223630 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Forest Lane, 9009 Forest Lane, Dallas, TX 75243, 214±783±1771 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223632 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Gardens, 2135 North Denton Drive, Carrollton, TX 75006, 214±242±0666 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223629 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Longview, 112 Ruthlyn Drive, Longview, TX 75601, 903±753±8611 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223628 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Manor Canton, 901 West College Street, Canton, TX 75103, 903±567±4169 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223631 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Manor Plano, 1620 Coit Road, Plano, TX 75075, 214±596±7930 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223624 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Oaks, 1112 Gibbins Road, Arlington, TX 76011, 817±261±6881 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223627 ACTIONÐACCEPTED Ms. Peggy Urton Cave, Heritage Park, 3208 Thunderbird Lane, Plano, TX 75075, 214±422±2214 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223626 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Place, 825 West Kearney, Mesquite, TX 75149, 214±688±7668 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223625 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Village, 1111 Rockingham Drive, Richardson, TX 75080, 214±231±8833 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223623 ACTIONÐACCEPTED Mr. Neal M. Elliott, Heritage Western Hills, 8001 Western Hills Road, Fort Worth, TX 76108, 817±246±4953 ...... TX 12/14/94 7224 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices DIVISION OF FOREIGN LABOR CERTIFICATIONS, HEALTH CARE FACILITY ATTESTATIONSÐContinued [Form ETA±9029] CEO-name/facility name/address State Action date ETA CONTROL NUMBERÐ6/223619 ACTIONÐACCEPTED Mr. Neal M. Elliott, Horizion Nursing Center-Mt. Pleasa, 2003 North Edwards, Mt. Pleasant, TX 75455, 903±572± TX 12/14/94 5511. ETA CONTROL NUMBERÐ6/223622 ACTIONÐACCEPTED Mr. Neal M. Elliott, Horizon Assisted Living, 2007 North Edwards, Mt. Pleasant, TX 75455, 903±572±8123 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223634 ACTIONÐACCEPTED Mr. Don Ciulla, North Texas Medical Center, 1800 North Graves Street, McKinney, TX 75069, 214±548±3000 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223642 ACTIONÐACCEPTED Ms. Merlita A. Velasquez, Nursing Resource, Inc., 10927 Mayfield Road, Houston, TX 77043, 713±468±7374 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223640 ACTIONÐACCEPTED Sr. Elizabeth Dubicka, St. Francis Nursing Home, 630 W. Woodlawn, San Antonio, TX 78212, 210±736±3177 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223572 ACTIONÐACCEPTED Mr. Neal M. Elliott, Sun Valley Health Care Center, 2204 Pease Street, Harlingen, TX 78550, 210±425±2812 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223621 ACTIONÐACCEPTED Mr. Neal M. Elliott, The Village at Valley Inn, 1040 FM 802, Brownsville, TX 78521, 210±546±7378 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223620 ACTIONÐACCEPTED Mr. Neal M. Elliott, Winterhaven, 6534 Steubner-Airline, Houston, TX 77091, 713±692±5317 ...... TX 12/14/94 ETA CONTROL NUMBERÐ6/223618 ACTIONÐACCEPTED ETA REGION 6 12/26/94 TO 01/01/95 Mr. Stuart Ricker, Old Court Nursing Center, 163 Stratford Court Suite 205, Winston-Salem, NC 27103, 410±922± NC 12/29/94 3200. ETA CONTROL NUMBERÐ6/223728 ACTIONÐACCEPTED Ms. Vicki Ohlemeier, Sierra Health Center-Pilot Point, 208 N. Prairie, Pilot Point, TX 76258, 817±686±5507 ...... TX 12/29/94 ETA CONTROL NUMBERÐ6/223726 ACTIONÐACCEPTED Ariel Malixi, The Genesis Rehabilitation System, 8831 Long Point, Suite 101, Houston, TX 77055, 713±465±4231 .... TX 12/30/94 ETA CONTROL NUMBERÐ6/223850 ACTIONÐACCEPTED Mr. Bob S. Ellzey, Val Verde County Hospital District, 801 Bedell Avenue, Del Rio, TX 78840, 210±775±8566 ...... TX 12/29/94 ETA CONTROL NUMBERÐ6/223879 ACTIONÐACCEPTED [FR Doc. 95–2966 Filed 2–6–95; 8:45 am] LSC may consider larger grants under 3. Develop among law students an BILLING CODE 4510±30±P exceptional circumstances. Grant terms awareness of legal issues affecting low- will be for a period of one year and income people and appropriate grant activities must commence by advocacy skills to address those issues; LEGAL SERVICES CORPORATION September 30, 1995. 4. Encourage law students to pursue DATES: Grant proposals must be received careers in legal services and other Funding Availability for Law School by the Office of Program Services by public interest areas; and Civil Clinical Programs 5:00 p.m. (EST) on March 10, 1995. 5. Assist legal services programs, AGENCY: Legal Services Corporation. ADDRESSES: Law School Civil Clinical through summer fellowships, in identifying potential legal services ACTION: Announcement of Requests for Program, Office of Program Services, attorneys. Proposals. Attention: Janice P. White, Legal Services Corporation, 750 First Street, The 1995–96 LSCCP will be SUMMARY: The Legal Services NE, 11th Floor, Washington, DC 20002– administered under two categories: (1) Corporation (LSC or Corporation) is 4250. Legal Services Summer Fellowships; and (2) Innovative Clinical Programs. accepting applications for its twelfth FOR APPLICATIONS OR FURTHER consecutive Law School Civil Clinical INFORMATION CONTACT: Janice P. White, Under the Legal Services Summer Program (LSCCP) grant competition. For Office of Program Services, (202) 336– Fellowships category, law students will academic year 1995–96, Congress has 8924. be placed in a legal services program for appropriated $1.435 million for law a summer with appropriate training and school clinics. The purpose of this grant SUPPLEMENTARY INFORMATION: Since supervision, while also receiving competition is to expand relationships 1984, the Corporation has conducted a academic credit or fulfilling law school between legal services programs and law school clinical grant competition. pro bono requirements. Special law schools in meeting the challenges of LSC believes that new and innovative consideration will be given to rural equal access to justice. collaborative approaches must be programs; programs serving an All grants will be awarded pursuant developed to meet the challenges of underserved or special population; to the authority conferred on LSC by equal access to justice in the 1990’s. programs with a low number of Sections 1006(a)(1)(B) and 1006(a)(3) of The broad goals of the 1995–96 minority staff attorneys; programs that the Legal Services Corporation Act of LSCCP are to: have an existing collaborative effort 1974, as amended (LSC Act). Grant 1. Increase collaboration between law with a local law school clinic; and funds for the 1995–96 LSCCP will be schools and legal services programs; programs that will develop a distributed on a one-time, non-recurring 2. Encourage law schools to become collaborative relationship with local law basis. Grant awards will be made in more involved in addressing the legal school clinics, in furtherance of the amounts of up to $100,000; however, problems of the poor; grant application. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7225 LSC recognizes that many ideas could 2. Project Goals and Objectives functions, and to review applications for improve the law school’s relationship The applicant should set forth the financial support and gifts offered to the with the legal services community, but project’s goals and objectives, which Endowment and to make may not fit in the above category. Thus, will be reviewed in terms of the quality recommendations thereon to the under the Innovative Clinical Programs of the proposed project, evidence of the Chairman. Category, the Corporation encourages client need to be served, and the long- The meeting will be held in the Old new and innovative approaches to legal term benefits to the organization and the Post Office Building, 1100 Pennsylvania services delivery that are not currently legal services community. Avenue, NW., Washington, DC. A being provided by law school clinics or portion of the morning and afternoon legal services programs. These 3. Applicant’s Capability to Accomplish sessions on February 16–17, 1995, will innovative projects must show a close Objectives not be open to the public pursuant to collaboration between the law school The applicant should detail its subsections (c)(4), (6) and (9)(B) of clinic and the legal services program. structure and staffing, past history with section 552b of Title 5, United States Such programs could be on either a similar activities, and other work on Code because the Council will consider local, state or national level. In addition, behalf of the low-income individuals. information that may disclose: Trade under this category, LSC is soliciting Qualifications and experience of project secrets and commercial or financial applications from law schools with an participants and staff should be information obtained from a person and established mandatory pro bono disclosed. A timetable for privileged or confidential; information program or seeking a substantial implementation of the project should of a personal nature the disclosure of expansion of its voluntary pro bono also be included. which will constitute a clearly program. unwarranted invasion of personal Eligibility: (1) All law schools and 4. Community Involvement and privacy; and information the disclosure consortia of law schools that are Support of which would significantly frustrate currently accredited by the American The applicant should state how the implementation of proposed agency Bar Association or accredited for proposed activity will complement action. I have made this determination purposes of bar admission by the state existing legal services delivery provided under the authority granted me by the bar associations of the states in which in its area. The extent to which a Chairman’s Delegation of Authority the law schools are located are eligible cooperative effort exists among law dated July 19, 1993. to apply; (2) any LSC-funded legal schools, legal services programs, services program is eligible to apply; The agenda for the sessions on community groups, local courts, and bar and (3) any 501(c)(3) organization with February 16, 1995, will be as follows: associations should be described. the capability to oversee a summer 8:30–9:00 a.m. Coffee for Council Members— Current letters of support or other fellowship program is eligible to apply. Room 527 evidence of support may be included No 1995–96 LSCCP grant funds, in with the proposal. Committee Meetings any category, may be used to fund (Open to the Public) Policy Discussion conferences or research projects. This 5. Project Feasibility 9:00–10:00 a.m. Education Programs—Room limitation does not restrict funds being The applicant should address the used for research related to M–14 reasonableness of the proposed costs in Public Programs—Room 415 representation or advocacy on behalf of terms of the benefits to be derived and Research Programs—Room M07 eligible clients. The application should the relationship to the project’s overall Challenge Grants/Preservation and Access demonstrate that existing law school or goals. & Interdivisional Technology—Room 315 legal services program support for law Federal-State Partnership—Room 507 school clinical efforts will be continued, Dated: February 2, 1995. 10:00 a.m. until Adjourned. (Closed to the and that any LSC funds granted will be Leslie Q. Russell, Public) Discussion of specific grant used solely for new or expanded Assistant to the Director, Office of Program applications before the Council operations. Services. The morning session on February 17, 1995, [FR Doc. 95–3040 Filed 2–6–95; 8:45 am] will convene at 10:00 a.m., in the 1st Floor Awards Process BILLING CODE 7050±01±P Council Room, M–09, and will be open to the Grant proposals will be carefully public, as set out below. The agenda for the evaluated by an advisory panel of peer morning session will be as follows: reviewers from the law school (Coffee for Staff and Council members will NATIONAL FOUNDATION ON THE be served from 10:00–10:30 a.m.) community, the legal services ARTS AND THE HUMANITIES community, the client community and Minutes of the Previous Meeting LSC staff. Awards will be based on the National Council on the Humanities; Reports merit of the proposal and the extent to Meeting A. Introductory Remarks which it meets the goals of the LSCCP. B. Introduction of New Staff An applicant may submit a grant February 1, 1995. C. Contracts Awarded in the Previous proposal for one category only. Pursuant to the provisions of the Quarter Federal Advisory Committee Act (Public D. Budget Reports 1. Proposed Collaboration L. 92–463, as amended) notice is hereby E. Legislative Report/Reauthorization The applicant should detail the given that a meeting of the National F. Committee Reports on Policy and General proposed working relationship between Council on the Humanities will be held Matters the law school clinic and the legal in Washington, DC on February 16–17, G. 1. Overview services program that will be involved 1995. 2. Education Programs 3. Research Programs in the project. If such collaboration is The purpose of the meeting is to 4. Challenge Grants/Preservation and not an aspect of the proposal, the advise the Chairman of the National Access & Interdivisional Technology applicant should detail the efforts that Endowment for the Humanities with 5. Public Programs were made to secure such collaboration respect to policies, programs, and 6. Federal-State Partnership and why they were unsuccessful. procedures for carrying out his 7. Jefferson Lecture 7226 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices (The meeting will be closed to the public Dated: February 2, 1995. the proposed system removal makes the at this point.) M. Rebecca Winkler, TS inapplicable. The remainder of the proposed meeting Committee Management Officer. The proposed action for the TS will be given to the consideration of specific [FR Doc. 95–2947 Filed 2–6–95; 8:45 am] amendments is in accordance with the applications (closed to the public for the licensee’s application for amendment reasons stated above). BILLING CODE 7555±01±M Further information about this meeting can dated January 14, 1994, as be obtained from Mr. David C. Fisher, supplemented by letters dated August 1, Advisory Committee Management Officer, NUCLEAR REGULATORY October 25, December 13, and December Washington, DC 20506, or call area code COMMISSION 22, 1994; and the proposed action for (202) 606–8322, TDD (202) 606–8282. the exemption is in accordance with the Advance notice of any special needs or [Docket Nos. 50±352 and 50±353] letter dated December 22, 1994. accommodations is appreciated. The Need for the Proposed Action David C. Fisher, Philadelphia Electric Company; Advisory Committee Management Officer. Limerick Generating Station, Units 1 The proposed exemption is similar to and 2; Environmental Assessment and [FR Doc. 95–3007 Filed 2–6–95; 8:45 am] the current exemption from 10 CFR Part Finding of No Significant Impact 50, Appendix J, Sections II.H.4 and BILLING CODE 7536±01±M III.C.2. The exemption is needed since The U.S. Nuclear Regulatory the design of the MSIVs is such that Commission (the Commission) is testing in the reverse direction tends to considering two actions: (1) Issuance of unseat the value and would result in a NATIONAL SCIENCE FOUNDATION an exemption from the requirements of meaningless test. The total observed 10 CFR 50, Appendix J, and (2) an MSIV leak rate resulting from a leakage DOE/NSF Nuclear Science Advisory amendment to Facility Operating test where two MSIVs on one steam line Committee; Notice of Meeting License Nos. NPF–39 and NPF–85, are tested utilizing a reduced pressure issued to Philadelphia Electric In accordance with the Federal (22 psig) will continue to be assigned to Advisory Committee Act (Pub. L. 92– Company (the licensee), for operation of the penetration. The proposed 463, as amended), the National Science the Limerick Generating Station (LGS), exemption is also similar to the current Foundation announces the following Units 1 and 2, located in Montgomery exemption from 10 CFR Part 50, meeting. County, Pennsylvania. Appendix J, Section III.C.3. The licensee Name: DOE/NSF Nuclear Science Advisory Environmental Assessment proposes that the MSIV leakage rate will Committee. continue to be accounted for separately Date and Time: February 24, 1995 from Identification of the Proposed Action in the radiological site analysis in 8:30 a.m. to 7:00 p.m., February 25, 1995 The proposed action would grant (1) accordance with the existing exemption. from 8:30 a.m. to 4:00 p.m. an exemption from 10 CFR Part 50, However, the existing exemption from Place: Arlington Renaissance Hotel, Appendix J, Sections II.H.4, III.C.2, and 10 CFR Part 50, Appendix J, Section Gallery II, 950 North Stafford Street, III.C.3, and (2) an amendment to change III.C.3 will not be applicable when the Arlington, VA 22203. the Technical Specifications (TS) for the Type of Meeting: Open. MSIV LCS is replaced with an Alternate Contact Person: John W. Lightbody, Limerick Generating Station (LGS), Treatment Path (ATP) (main steam lines Program Director for Nuclear Physics, Units 1 and 2, in conjunction with the and condenser). National Science Foundation, 4201 Wilson removal of the main steam isolation The proposed action regarding the TS Blvd., Arlington, VA 22230, Telephone: (703) valve (MSIV) leakage control system amendment will reduce the need for 306–1890. (LCS) and the proposed use of an repairs of the MSIVs, resolve concerns Minutes: May be obtained from the contact alternate leakage pathway. associated with the current LCS person listed above. 10 CFR Part 50, Appendix J, Sections performance capability at high MSIV Purpose of Meeting: To advise the National II.H.4 and III.C.2 require leak rate testing leakage rates, and provide an effective Science Foundation and the Department of of MSIVs at the calculated peak Energy on scientific priorities within the method for dealing with a potential field of basic nuclear science research. containment pressure related to the MSIV leakage during a postulated loss- design basis accident, and Section of-coolant accident (LOCA). Many Agenda III.C.3 requires that the measured MSIV boiling water reactors (BWRs) have February 24, 1995 leak rates be included in the combined difficulty meeting their MSIV leakage • Discussion of Budgets and Status of DOE local leak rate test results. The proposed rate limits. Extensive repair, rework, and NSF Nuclear Physics Programs (D. deletion of the MSIV LCS and proposed and retesting efforts have negative Hendrie, DOE; J. Lightbody, NSF) use of an alternate leakage pathway effects on the outage costs and • Presentation of Preliminary affects the description of an existing schedules, as well as significant impact Subcommittee Report regarding Additional exemption (NUREG–0991, and its on the licensee’s as low as is reasonably Capital Equipment for the RHIC Facility (C. Supplement 3), which allows the leak achievable (ALARA) radiological Gelbke) rate testing of the MSIVs at a reduced • Reports of Town Meetings of the exposure programs. The alternatives Division of Nuclear Physics of the American pressure and allows exclusion of the proposed by the licensee to deal with Physical Society (by conveners) measured MSIV leakage from the MSIV leakage make use of components combined local leak rate test results. (main steam lines and condenser) that February 25, 1995 The proposed TS amendment would • are expected to remain intact and Discussion of Town Meeting Reports permit an increase in the allowable serviceable following a design basis • Progress Reports of the Long Range Plan MSIV leakage rate from 11.5 standard LOCA. Working Groups (LRPWG) cubic feet per hour (scfh) to 100 scfh for • Discussion of process and plans for full any one MSIV and a combined Enviroinmental Impacts of the Proposed LRPWG Meeting Action • Public Comment (*) maximum pathway leakage rate of 200 (*) Persons wishing to speak should make scfh for all four main steam lines, and The Commission has completed its arrangements through the Contact Person would delete TS requirements for the evaluation of the proposed actions identified above. currently installed MSIV LSC, because related to the granting of an exemption Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7227 from 10 CFR Part 50, Appendix J, dose limits contained in 10 CFR Part For the Nuclear Regulatory Commission. Section 11.H.4, III.C.2, and III.C.3, and 100 and 10 CFR Part 50, Appendix A, Frank Rinaldi, for the TS changes proposed by the General Design Criteria 19. Acting Director, Project Directorate I–2, licensee, and concludes that the With regard to potential Division of Reactor Projects—I/II, Office of proposed actions will not increase the nonradiological impacts, the proposed Nuclear Reactor Regulations. probability or consequences of actions involve features located entirely [FR Doc. 95–2956 Filed 2–6–95; 8:45 am] accidents, no changes are being made in within the restricted area as defined in BILLING CODE 7590±01±M the types of any effluents that may be 10 CFR Part 20. They do not affect released offsite, and there is no nonradiological plant effluents and have significant increase in the allowable no other environmental impact. individual or cumulative occupational Accordingly, the Commission concludes [Docket Nos. 50±424 and 50±425] radiation exposure. that there are no significant Georgia Power Company, et al.; Notice Regarding the exemption, the MSIV nonradiological environmental impacts of Withdrawal of Application for leakage, along with the containment associated with the proposed actions. leakage is used to calculate the Amendments to Facility Operating maximum radiological consequences of Alternatives to the Proposed Action Licenses a design basis accident. Section 15.6.5 Since the Commission has concluded of the LGS Updated Final Safety there is no measurable environmental The U.S. Nuclear Regulatory Analysis Report (UFSAR) identifies that impact associated with the proposed Commission (the Commission) has standard and conservative assumptions actions, any alternatives with equal or granted the request of Georgia Power have been used to calculate the offsite greater environmental impact need not Company, et al. (the licensee) to and control room doses, including the be evaluated. As an alternative to the withdraw its January 22, 1993, doses due to MSIV leakage, which could proposed actions, the staff considered application and August 6, 1993, potentially result from a postulated denial of the proposed actions. Denial of supplement for proposed amendments LOCA. Further, the control room and the application would result in no to Facility Operating License Nos. NPF– offsite doses resulting from a postulated change in current environmental 68 and NPF–81 for the Vogle Electric LOCA have recently been recalculated impacts. The environmental impacts of Generating Plant, Unit Nos. 1 and 2, using currently accepted assumptions the proposed action and the alternative located in Burke County, Georgia. and methods. These analyses have action are similar. demonstrated that the total leakage rate The proposed amendments would of 200 scfh results in dose exposures for Alternative Use of Resources have revised the Technical the control room and offsite that remain Specifications to clarify and add This action does not involve the use requirements regarding the automatic within the requirements of 10 CFR Part of any resources not previously load sequencers. 100 for offsite doses and 10 CFR Part 50, considered in the Final Environmental Appendix A, for the control room doses. Statement for the LGS, Units 1 and 2. The Commission had previously Regarding the TS change, deletion of issued a Notice of Consideration of the MSIV LCS will reduce the overall Agencies and Persons Consulted Issuance of Amendments published in occupational dose exposures and reduce In accordance with its stated policy, the Federal Register on March 31, 1993 the generation of low level radioactive the staff consulted with the (58 FR 16860). However, by letter dated waste due to the elimination of Pennsylvania State official regarding the maintenance and surveillance activities December 29, 1994, the licensee environmental impact of the proposed associated with the system. The dose withdrew the proposed change. actions. The State official had no exposure associated with deleting the For further details with respect to this comments. system will satisfy the ALARA action, see the application for requirements, and will be less than the Finding of No Significant Impact amendments dated January 22, 1993, as dose which would result from Based upon the environmental supplemented August 6, 1993, and the maintenance and surveillance activities assessment, the Commission concludes licensee’s letter dated December 29, associated with the present system, if that the proposed actions will not have 1994, which withdrew the application utilized for the remainder of the plant for license amendments. The above life. Thus, radiological releases will not a significant effect on the quality of the human environment. Accordingly, the documents are available for public differ significantly from those inspection at the Commission’s Public determined previously, and the Commission has determined not to prepare an environmental impact Document Room, the Gelman Building, proposed amendment does not 2120 L Street, NW., Washington, DC, otherwise affect facility radiological statement for the proposed actions. and at the local public document room effluent or occupational exposures. For further details with respect to the Therefore, there will not be a proposed actions, see the licensee’s located at the Burke County Library, 412 significant increase in the types and letter dated January 14, 1994, as Fourth Street, Waynesboro, Georgia. amounts of any effluent that may be supplemented by letters dated August 1, Dated at Rockville, Maryland, this 24th day released offsite and, as such, the October 25, December 13, and December of January 1995. 22, 1994 (two submittals), which are proposed amendment does not alter any For the Nuclear Regulatory Commission. available for public inspection at the initial conditions assumed for the Lois L. Wheeler, design basis accidents previously Commission’s Public Document Room, Project Manager, Project Directorate II–3, evaluated and the alternate system is The Gelman Building, 2120 L Street, NW., Washington, DC, and at the local Division of Reactor Projects—I/II, Office of capable of mitigating the design basis Nuclear Reactor Regulation. accidents. public document room located at the Furthermore, the proposed exemption Pottstown Public Library, 500 High [FR Doc. 95–2957 Filed 2–6–95; 8:45 am] will not result in a significant increase Street, Pottstown, PA 19464. BILLING CODE 7590±01±M to the LOCA doses previously evaluated Dated at Rockville, Maryland, this 1st day against offsite and main control room of February 1995. 7228 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices OFFICE OF MANAGEMENT AND reinforces that these provisions for commercial contractors and the specific BUDGET subcontracting plans for commercial authority already provided in regulation and item contractors do not in any way policy for company-wide plans rather than Office of Federal Procurement Policy contract-by-contract plans. relieve contracting officers, prime The report cites OFPP Policy Letter 80–2, contractors or subcontractors of their Policy Letter on Subcontracting Plans FAR 52.219–9(g), and 519.704(b) of the responsibilities for assuring that small, General Services Administration Acquisition for Companies Supplying Commercial small disadvantaged, and women- Regulation which provide express authority Items owned small businesses have the for company-wide, division-wide or plant- wide plans. The Report states: AGENCY: maximum practicable opportunity to Office of Federal Procurement Because contractors and subcontractors Policy, OMB. participate in contracts awarded by Federal agencies. offering commercial items tend to rely on ACTION: The Office of Federal their existing network of suppliers rather Procurement Policy (OFPP) is COMMENT DATE: Comments must be than entering new subcontracts to fill requesting comments on a proposed received on or before April 10, 1995. government orders, the requirements policy letter on subcontracting plans for ADDRESSES: Comments should be applicable to the company-wide subcontracting plans of commercial companies supplying commercial items. submitted to William Coleman, Deputy Administrator, Office of Federal companies differ from the requirements applicable to individual subcontracting plans SUMMARY: Section 8(d) of the Small Procurement Policy, New Executive of noncommercial companies. See e.g. Business Act (15 U.S.C. 637(d)) requires Office Building, Room 9013, 725 17th sections 519.704(c)(2), 519.705–5 and that each contract that exceeds $500,000 Street NW., Washington, DC 20503. 519.705–6(b) of the GSA FAR Supplement. ($1 million in the case of construction), FOR FURTHER INFORMATION CONTACT: For example, a single company-wide plan and that offers subcontracting William Coleman, Deputy authorized by these regulations is likely to opportunities, include a requirement Administrator, 202–395–3503. address subcontracting opportunities at both the prime contract and subcontract levels, that the apparent successful offeror Steven Kelman, negotiate a subcontracting plan which obviating the need for the filing of individual Administrator. contract-by-contract or subcontract-by- shall become a material part of the Policy Letter 95– subcontract plans. Title VIII of the bill is not contract. These requirements have been To The Heads of Executive Departments and intended to require any changes to such implemented by prior OFPP Policy Establishments practices.’’ (emphasis added) Letters and subsequent promulgation in Subject: Subcontracting Plans for Companies In response to this concern, the policy on the Federal Acquisition Regulation Supplying Commercial Items subcontracting plans is being revised to reduce the burdens of government-unique (FAR). 1. Purpose. The purpose of this Policy requirements on contractors that supply Sections 8104 and 8203 of the Federal Letter is to establish policies on the commercial items. Acquisition Streamlining Act of 1994 requirement for subcontracting plans for 4. Policy. The following policy applies to (FASA), Public Law 103–355, establish companies supplying commercial items. contracts and subcontracts for ‘‘commercial a preference for the acquisition of 2. Authority. This Policy Letter is issued items’’ as defined in section 8001 of FASA. commercial items. In establishing this pursuant to section 6 of the Office of Federal (1) It is a fundamental policy of the Federal preference, Congress expressed concern Procurement Policy Act, as amended, 41 Government that a fair proportion of its U.S.C. 405. that implementing policies ease the contracts be placed with small businesses, 3. Background. Section 8(d) of the Small small businesses owned and controlled by burden of government-unique Business Act (15 U.S.C. 637(d)) requires that requirements for companies supplying socially and economically disadvantaged each contract that exceeds $500,000 ($1 individuals, and small businesses owned and commercial items. In response to this million in the case of construction), and that controlled by women and that such concern, the policy on subcontracting offers subcontracting opportunities, include a businesses participate in subcontracting plans is being revised to reduce the requirement that the apparent successful under government prime contracts. burden of government-unique offeror negotiate a subcontracting plan which (2) When the requirements for a requirements on contractors that supply shall become a material part of the contract. subcontracting plan under section 8(d) of the commercial items. The requirement for subcontracting plans Small Business Act apply, annual, does not apply to small businesses. The commercial company-wide, division-wide, or This proposed Policy Letter focuses above requirements have been implemented on contracts and subcontracts for plant-wide subcontracting plans that relate to by OFPP Policy Letter 80–2 ‘‘Regulatory a company’s commercial and noncommercial ‘‘commercial items’’ as defined in Guidance on Section 211 of Public Law 95– production are authorized for: section 8001 of FASA. Annual, 507’’ dated April 29, 1980, and Supplement (a) Prime contracts for commercial items, commercial company-wide, division- No. 1 dated May 29, 1981, and further or wide, or plant-wide, subcontracting implemented in part 19 of the Federal (b) Subcontractors that provide commercial plans that relate to a company’s Acquisition Regulation (FAR). That Policy items under a prime contract, whether or not commercial and noncommercial Letter specifically authorized the use of a the prime contractor is supplying a production are authorized for: company-wide annual subcontracting plan commercial item. that relates to the contractor’s commercial (3) Furthermore, it is the policy of the (a) Prime contracts for commercial and noncommercial production when the items, or United States Government that commercial government is acquiring a commercial company-wide plans, when authorized under (b) Subcontractors that provide product. this Policy Letter, shall be the preferred commercial items under a prime Sections 8104 and 8203 of the Federal method of compliance with the requirements contract, whether or not the prime Acquisition Streamlining Act of 1994 of section 8(d) of the Small Business Act. In contractor is supplying a commercial (FASA), Public Law 103–355, establish a all solicitations expected to offer item. preference for the acquisition of commercial subcontracting opportunities which trigger In addition, the proposed Policy items by the Department of Defense and the requirements for a subcontracting plan, Letter states that commercial company- civilian agencies. In establishing this the Government shall inform prospective preference, Congress expressed concern that wide plans, when authorized under the offerors of the opportunity for themselves implementing policies ease the burden of and/or their subcontractors to develop Policy Letter, shall be the preferred government-unique requirements for commercial company-wide plans if they are method of compliance with the companies supplying commercial items. The supplying commercial items. This would requirements of section 8(d) of the Conference Report (H.R. 103–712) recognizes apply whether or not the prime contractor is Small Business Act. The policy letter the unique circumstance faced by supplying a commercial item. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7229 (4) This policy is in addition to the existing procurement specified by Section 305 of (USTR) pursuant to Section 4–101 of policies cited in paragraph 3 of this Policy the Trade Agreements Act of 1979 Executive Order 12661 (54 FR 779). Letter. (Trade Agreements Act), as amended by DATES: Submissions containing the (5) These provisions for subcontracting Title VII of the Omnibus Trade and plans for commercial item contractors do not information described below must be in any way relieve contracting officers, prime Competitiveness Act of 1988 and Title received on or before March 1, 1995. contractors or subcontractors of their III, Section 341 of the Uruguay Round ADDRESSES: Comments must be responsibilities for assuring that small, small Agreements Act of 1994 (19 U.S.C. submitted to the Executive Secretary, disadvantaged and women-owned small 2515). Trade Policy Staff Committee, Office of businesses have the maximum practicable Section 305 of the Trade Agreements the United States Trade Representative, opportunity to participate in contracts Act requires the President to submit an 600 17th Street, N.W., Washington, D.C. awarded by Federal agencies. annual report on the extent to which 20506, and must include not less than 5. Responsibilities. The Federal foreign countries discriminate against twenty (20) copies. Submissions will be Acquisition Regulatory Council shall ensure U.S. products or services in making that the policies established herein are available for public inspection by incorporated in the FAR within 210 days government procurement. Section 341 appointment with the staff of the USTR from the date this Policy Letter is published of the Uruguay Round Agreements Act Public Reading Room, except for in the Federal Register. Promulgation of final specifies that the report also contain information granted ‘‘business regulations within the 210-day period shall information about countries which confidential’’ status pursuant to 15 CFR be considered issuance in a ‘‘timely manner’’ employ nontransparent procurement 2003.6. Any business confidential as prescribed in 41 U.S.C. 405(b). procedures or fail to maintain effective material must be clearly marked as such 6. Information Contact. Questions prohibitions on bribery and other at the top of the cover page or letter and regarding this Policy Letter should be corrupt practices. Specifically, the each succeeding page and must be directed to William Coleman, Deputy President is required to identify any Administrator, Office of Federal Procurement accompanied by a nonconfidential Policy, 725 17th Street, NW, Washington, DC countries that: summary. 20503, telephone 202–395–3503, facsimile (a) Are signatories to the GATT FOR FURTHER INFORMATION CONTACT: 202–395–5105. Agreement on Government Procurement Elena Bryan (202–395–5097) or Mark 7. Judicial Review. This Policy Letter is not (Agreement) and are not in compliance Linscott (202–395–3063), Office of intended to provide a constitutional or with the requirements of the Agreement; GATT Affairs, or Laura B. Sherman statutory interpretation of any kind and it is (b) Are signatories to the Agreement; (202–395–3150), Office of the General not intended, and should not be construed, are in compliance with the Agreement, Counsel, Office of the U.S. Trade to create any right or benefit, substantive or but maintain a significant and persistent procedural, enforceable at law by a party Representative, 600 17th Street, NW, against the United States, its agencies, its pattern or practice of discrimination in Washington, D.C. 20506. officers, or any persons. It is intended only the government procurement of SUPPLEMENTARY INFORMATION: Section to provide policy guidance to agencies in the products or services from the United 305 of the Trade Agreements Act exercise of their discretion concerning States not covered by the Agreement, requires an annual report to be Federal contracting. Thus, this Policy Letter which results in identifiable harm to submitted no later than April 30, 1995 is not intended, and should not be construed, U.S. business; and whose products or to the appropriate Committees of the to create any substantive or procedural basis services are acquired in significant on which to challenge any agency action or House of Representatives and the amounts by the U.S. Government; or Senate. The USTR is required to request inaction on the ground that such action or (c) Are not Signatories to the inaction was not in accordance with this consultations with any countries Policy Letter. Agreement and maintain a significant identified in the report to remedy the 8. Effective Date. The Policy Letter is and persistent pattern or practice of procurement practices cited in the effective 30 days after the date of issuance. discrimination in government report. Steven Kelman, procurement of products or services USTR invites submissions from Administrator. from the United States, which results in interested parties concerning foreign identifiable harm to U.S. business, and [FR Doc. 95–2912 Filed 2–6–95; 8:45 am] government procurement practices that whose products or services are acquired BILLING CODE 3110±01±M should be considered in developing the in significant amounts by the U.S. annual report. Pursuant to Section Government; or 305(d)(5) of the Trade Agreements Act, (d) Are not Signatories to the submissions are sought from any OFFICE OF THE UNITED STATES Agreement and fail to apply transparent interested parties in the United States TRADE REPRESENTATIVE and competitive procedures to its and in countries that are signatories to government procurement equivalent to Trade Policy Staff Committee (TPSC); the Agreement, as well as in other those in the Agreement and whose Request for Comments Concerning foreign countries whose products or products and services are acquired in Foreign Government Discrimination in services are acquired in significant significant amounts by the U.S. Procurement amounts by the U.S. Government. Government; or Each submission should provide, in AGENCY: Office of the United States (e) Are not Signatories to the order, the following general Trade Representative. Agreement and fail to maintain and information: (1) The party submitting ACTION: Notice of request for public enforce effective prohibitions on bribery the information; (2) the foreign country comments. and other corrupt practices in or countries that are the subject of the connection with government submission and the entities of each SUMMARY: This notice requests written procurement and whose products and subject country’s government whose submissions from the public concerning services are acquired in significant practices are being cited, and (3) the discrimination against U.S. products amounts by the U.S. Government. U.S. products or services that are and services by foreign governments in The functions vested in the President affected by the non-compliance or their procurement practices. This under Section 305 of the Trade discrimination. information will be used in compiling Agreements Act were delegated to the Each submission should also provide the annual report on government United States Trade Representative specific information on the particular 7230 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices problem: (1) Non-compliance with the (USTR) has determined that certain acts, enforcement authorities to coordinate; GATT Agreement on Government policies and practices of the Chinese and the absence of an effective border Procurement; (2) the type of government with respect to the control mechanism. discrimination encountered, including enforcement of intellectual property In the area of market access, the most information regarding the date and rights and the provision of market serious problems with the Chinese nature of affected procurement(s); (3) access to persons who rely on system are found in the areas of audio- policies or practices which are intellectual property protection are visual products, sound recordings, and discriminatory, not transparent or anti- unreasonable and constitute a burden or published written materials. Particular competitive (where possible, include restriction on U.S. commerce. Pursuant concerns include a hidden system of copies of discriminatory laws, policies to section 304(a)(1)(B) and section internal quotas, a lack of transparency, or regulations), and (4) the extent to 301(b), the USTR has determined that a lack of consistency in application, which the problem has impeded the trade action is appropriate and that monopoly control over the importation ability of U.S. suppliers to participate in sanctions are appropriate. The sanctions and distribution of products embodying procurements on terms comparable to will take the form of increasing duties intellectual property, and a prohibition those available to suppliers of the on products listed in the attached on the production or distribution of country in question when they are Annex originating in China to 100 products embodying intellectual seeking to sell goods or services to the percent ad valorem. property that is not related to the U.S. Government; (5) examples of EFFECTIVE DATE: USTR’s determination content of those products. failure to maintain and enforce effective as to actionability and the specific prohibitions on bribery and other action to be taken was made on Extension of Investigation, Proposed corrupt practices in connection with February 4, 1995. The increased duties Determinations, and Public Comment government procurement. will be assessed upon all products of On January 5, 1995, the USTR Finally, each submission should: (1) If China identified in the Annex to this published a notice that the six-month applicable, identify provisions of the notice that are entered, or withdrawn statutory deadline for the close of this GATT Government Procurement from warehouse for consumption, on or investigation had been extended until Agreement which are not being after February 26, 1995. February 4, 1995, in light of the observed by the country identified or ADDRESSES: Office of the United States complex and complicated nature of the describe how the country identified has Trade Representative, 600 17th Street, issues involved. See 60 FR 1829, 1830 maintained a significant and persistent NW., Washington, DC 20606. (January 5, 1995). In that notice, the pattern or practice of discrimination in FOR FURTHER INFORMATION CONTACT: USTR also published a proposed government procurement of non-Code- Deborah Lehr, Director for China and determination of action and request for Covered goods or services; (2) identify Mongolian Affairs (202) 395–5050, public comment concerning the the specific impact of the discriminatory Joseph Papovich, Deputy Assistant proposed action. The USTR proposed to policy or practice on U.S. businesses USTR for Intellectual Property (202) determine that China’s failure to enforce (including an estimate of the value of 395–6864, or Thomas Robertson, intellectual property laws or to provide market opportunities lost and, if any, Assistant General Counsel (202) 395– market access to persons who rely on the cost of preparing bids which are 6800. intellectual property protection is rejected during the course of a SUPPLEMENTARY INFORMATION: On June unreasonable and discriminatory and procurement evaluation for 30, 1994, China was identified as a constitutes a burden or restriction on discriminatory reasons), and (3) priority foreign country under the U.S. commerce. If that determination describe the extent to which the ‘‘special 301’’ provisions of the Trade were finally made, the USTR also products or services of the country Act for its failure to enforce intellectual proposed to increase duties on certain identified are acquired in significant property rights or to provide fair and products of China in an amount amounts by the U.S. Government. equitable market access to persons who equivalent to the damaged caused by the Frederick L. Montgomery, rely on intellectual property protection. Chinese acts, policies and practices Chairman, Trade Policy Staff Committee. On the same day, the USTR initiated an which formed the basis of the [FR Doc. 95–2977 Filed 2–6–95; 8:45 am] investigation of those acts, policies and investigation. The USTR published, as BILLING CODE 3110±01±P practices of China that were the basis for an annex to the notice, a list of products its identification as a priority foreign from which specific products could be country. See 59 FR 35558 (July 12, selected for the imposition of increased [Docket No. 301±92] 1994). duties. Determination of Action Concerning The effectiveness of China’s In response to the January 5, 1995, the People's Republic of China's enforcement regime is hampered by, Federal Register notice, the USTR and Protection of Intellectual Property and among other things, internally the section 301 Committee receive Provision of Market Access to Persons inconsistent laws; a lack of transparency approximately 198 sets of written Who Rely on Intellectual Property in the enforcement structure; a lack of comments and heard the oral testimony Protection protection for existing works; gaps in of 53 witnesses at public hearings held responsibility in the enforcement on January 24–25, 1995. The comments AGENCY: Office of the United States structure; a lack of consistent primarily focused on the Trade Representative. application of the laws throughout the appropriateness of subjecting the ACTION: Notice of determination central, provincial and local products listed in the proposed pursuant to sections 301 and 304 of the governments; a lack of funding, training retaliation list to an increase in duties, Trade Act of 1974, as amended (Trade and education; possible conflicts of the levels at which duties on particular Act), 19 U.S.C. 2414. interest; burdensome and products should be set, and the degree discriminatory agency requirements that to which an increase in duties on SUMMARY: Pursuant to section restrict foreign access to trademark particular products might have an 304(a)(1)(A)(ii) of the Trade Act, the protection; overly-broad compulsory adverse effect on U.S. consumers, United States Trade Representative licensing provisions; a failure of workers and industries. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7231 The United States estimates that the USTR has determined (1) that China’s February 26, 1995, the Harmonized damage caused by China’s failure to acts, policies and practices which Tariff Schedule of the United States provide adequate intellectual property formed the basis of the investigation are (HTS) is hereby modified by inserting protection or market access for persons unreasonable and discriminatory and the provisions listed in the Annex to who rely on intellectual property constitute a burden or restriction on this notice in numerical sequence in protection is at least $1.08 billion on an U.S. commerce, and (2) that trade action subchapter III of chapter 99, with the annual basis. The USTR has directed the is appropriate. Pursuant to section content of the new subheadings and section 301 Committee to examine the 301(b) and 301(c), the USTR has superior text set forth in the HTS effect on U.S. commerce of the export of decided to increase duties to 100 columns designated ‘‘Heading/ infringing products from China to third percent ad valorem upon goods Subheading’’, ‘‘Article Description’’, countries. described in the Annex to this notice and ‘‘Rate of Duty General’’, that are of Chinese origin. These Determination and Action respectively. The amount of trade products were selected in light of the affected by this action is equivalent to Numerous meetings have been held comments submitted to the section 301 the value of the burden or restriction on with the Chinese Government on these Committee in response to the January 5, U.S. commerce by the Chinese practices issues since the initiation of this 1995, notice and the testimony that formed the basis of the investigation. While China has presented at the public hearing held on investigation. indicated it will take some action to January 24–25, 1995. Irving A. Williamson, address U.S. concerns, issues remain Accordingly, effective with respect to Chairman, Section 301 Committee. unresolved. Consequently, pursuant to articles entered, or withdrawn from section 304(a)(1) of the Trade Act, the warehouse for consumption, on or after BILLING CODE 3190±01±M 7232 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7233 7234 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices [FR Doc. 95–3129 Filed 2–6–95; 8:45 am] BILLING CODE 3190±01±C Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7235 Notice of Meeting of the Investment personnel will visit the mail processing at 450 Fifth Street, NW., in Washington, and Services Policy Advisory facilities of the U.S. Postal Service in DC 20549. The San Francisco, California Committee Tampa, Tarpon Springs, and Clearwater, hearings will be held in the California Florida. Visits will also take place at Public Utility Commission Auditorium, AGENCY: Office of the United States Val-Pak Direct Marketing in Largo, 505 Van Ness Avenue, San Francisco, Trade Representative. Florida, and Time-Warner in Tampa, California 94102. Three copies of the ACTION: Notice that the February 13, Florida. In addition, members of the written text of the oral statement should 1995 meeting of the Investment and Commission and certain advisory staff be submitted to the Commission’s Services Policy Advisory Committee personnel will meet with headquarters, at the addressed listed will be held from 10:00 a.m. to 2:00 p.m. representatives of Response Media in St. above, at least five days in advance of The meeting will be closed to the public Petersburg, Florida. each hearing. from 10:00 a.m. to 12:30 p.m. The A report of the visits will be on file FOR FURTHER INFORMATION CONTACT: meeting will be open to the public from in the Commission’s Docket Room. For Kevin C. Bruce or Andrew A. Gerber, 12:30 to 2:00 p.m. further information contact Margaret P. Attorney-Advisers in the Division of Crenshaw, Secretary of the Commission, Corporation Finance or Amy Bowerman SUMMARY: The investment and Services at 202–789–6840. Freed, Deputy Chief Counsel, Division Policy Advisory Committee will hold a Margaret P. Crenshaw, of Corporation Finance at (202) 942– meeting on February 13, 1995 from Secretary. 2900. 10:00 a.m. to 2:00 p.m. The meeting will SUPPLEMENTARY INFORMATION: The include a review and discussion of [FR Doc. 95–2989 Filed 2–6–95; 8:45 am] BILLING CODE 7710±FW±P public hearings concern the current issues which influence U.S. effectiveness of the safe harbor for trade policy. Pursuant to Section forward-looking statements, as set forth 2155(f)(2) of Title 19 of the United in Rule 175 under the Securities Act, States Code, I have determined that this SECURITIES AND EXCHANGE COMMISSION Rule 3b–6 under the Exchange Act, Rule portion of the meeting will be 103A under the Public Utility Holding concerned with matters the disclosure [Release No. 33±7131] Company Act and Rule 0–11 under the of which would seriously compromise Trust Indenture Act. At the conclusion the development by the United States Safe Harbor for Forward-Looking of these hearings, the Commission will Government of trade policy, priorities, Statements determine whether it is necessary or negotiating objectives or bargaining AGENCY: appropriate in the public interest or for positions with respect to the operation Securities and Exchange Commission. the protection of investors to propose of any trade agreement and other amendments to its rules and regulations. matters arising in connection with the ACTION: Publication of agenda for development, implementation and hearings. I. Introduction administration of the trade policy of the SUMMARY: In Release No. 33–7101 As noted in the Concept Release, the United States. The meeting will be open (October 13, 1994) (the ‘‘Concept Commission is interested in obtaining to the public and press from 10:00 a.m. Release’’), the Securities and Exchange the views of the public on a variety of to 12:30 p.m. when trade policy issues Commission (the ‘‘Commission’’) issues pertaining to the safe harbor. The will be discussed. Attendance during announced that it would hold public Commission expects that each witness this part of the meeting is for hearings in Washington, DC concerning will deliver a brief statement. Following observation only. Individuals who are the safe harbor for forward-looking that testimony, members of the not members of the committee will not statements (set forth in Rule 175 under Commission and its staff may pose be invited to comment. the Securities Act of 1933 (the questions to each witness concerning DATES: The meeting is scheduled for ‘‘Securities Act’’), Rule 3B–6 under the his or her testimony as well as other February 13, 1995, unless otherwise Securities Exchange Act of 1934 matters raised in the Concept Release. notified. (‘‘Exchange Act’’), Rule 103A under the II. Schedule of Appearances ADDRESSES Public Utility Holding Company Act of : The meeting will be held at The Commission has designated 1935 (the ‘‘Public Utility Holding the Sheraton-Carlton Hotel located at Jonathan G. Katz, Secretary, as the Company Act’’) and Rule 0–11 under 16th and K streets, NW., Washington, hearing officer of the Commission. The the Trust Indenture Act of 1939 (the DC, unless otherwise notified. Commission will issue orders ‘‘Trust Indenture Act’’), Also, in Release FOR FURTHER INFORMATION CONTACT: designating additional hearing officers No. 33–7125 (December 22, 1994), the Michaelle Burstin, Director of Public as necessary. The schedules of Commission announced that it would Liaison, Office of the United States appearances for both hearings are hold additional hearings on this topic in Trade Representative, (202) 395–6120. presented below. Michael Kantor, San Francisco, California. In connection with those hearings, the Commission is A. The Washington Hearings United States Trade Representative. hereby publishing a tentative schedule Monday, February 13, 1995 [FR Doc. 95–2978 Filed 2–6–95; 8:45 am] of appearances and certain procedures BILLING CODE 3190±01±M that will be followed. 10:00 am: Secretary Robert B. Reich— DATES: As noted in the foregoing United States Department of Labor 11:00 am: releases, hearings will commence in POSTAL RATE COMMISSION Washington, DC on February 13, 1995 at Bespeaks Caution Proposal Notice of Commission Visit 10:00 a.m. Hearings will commence in Professor John C. Coffee, Jr.— San Francisco, California on February Columbia University in the City of February 2, 1995. 16, 1995 at 10:00 a.m. New York School of Law Notice is hereby given that on ADDRESSES: The Washington, DC February 7 and 8, 1995, members of the hearings will be held in Room 1C30 of Heightened Definition Proposal Commission and certain advisory staff the Commission’s headquarters building Mr. James P. Melican—Chairman, 7236 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices National Association of Brotherhood of Teamsters, Mr. 12:30 pm: Break Manufacturers Corporate Finance Bartlett Nayor, National 1:30 pm: California Public Employees’ and Management Committee, Coordinator Office of Corporate Retirement System, Ms. Kayla J. Executive Vice President Legal and Affairs Gillan, Assistant General Counsel External Affairs, International Paper 5:15 pm: State of Connecticut, 2:00 pm: Western Association of Christopher Burnham, Treasurer Venture Capitalists, Mr. Authur Seasoned Issuer Proposal Patterson, Accel Partners, Mr. Tuesday, February 14, 1995 Mr. Christopher J. Murphy III, Douglas Carlisle, Menlo Ventures, Chairman, Association of Publicly 10:00 am: American Electronics Mr. Philip Gianos, InterWest Traded Companies, to be Association—[witnesses to be Partners accompanied by Mr. Brian T. named], Manufacturers Alliance, 2:45 pm: Hewlett-Packard, Robert P. Borders, President, Association of Mr. Francis W. Homan, Jr., Vice Wayman, Executive Vice President Publicly Traded Companies President and Secretary, Business Finance and Administration/Chief Software Alliance—[witness to be Financial Officer Reasonable Basis In Fact Proposal named], Software Publishers 3:00 pm: Sybase, Inc., Michael National Association of Securities and Association—[witness to be named] Engelhardt, Vice President of Commercial Law Attorneys— 11:00 am: Business Roundtable—Mr. External Affairs [witness to be named]. John A Georges, Chairman of the 3:15 pm: Motorola—(witness to be Corporate Governance Task Force named) Opt-in Proposal and Chairman and CEO of 3:30 pm: BankAmerica, Michael J. Harvey Pitt, Esquire—Fried, Frank, International Paper, to be Halloran, Executive Vice President Harris, Shriver & Jacobson accompanied by Joseph and General Counsel McLaughlin, Esquire, Brown & Disimplication Theory Wood [Release No. 34±35310; File No. SR±Amex± Professor Joseph Grundfest, Stanford 11:30 am: National Venture Capitalists 95±01] University School of Law Association Self-Regulatory Organizations; Notice 1:00 pm: Break 11:45 am: Association for Investment of Filing and Order Granting 1:30 pm: Professor Joel Seligman, Management and Research, Mr. Accelerated Approval to Proposed University of Michigan Law School, Tom Moore, CFA, Chair, Corporate Rule Change by American Stock Carl Schneider, Esq., Wolf Block Information Committee and Senior Exchange, Inc. Relating to an Schorr & Solis-Cohen, Securities Vice President, State Street Extension of Its Pilot Program Which Registration Standing Committee of Research and Management Co., Permits Specialists To Grant Stops in the Association of the Bar of the National Investor Relations a Minimum Fractional Change Market City of New York—[witness to be Institute, Mr. Louis M. Thompson, named] Jr., President and CEO January 31, 1995. 2:00 pm: North American Securities 12:20 pm: University of Michigan Pursuant to Section 19(b)(1) of the Administrators Association— School of Business Administration, Securities Exchange Act of 1934 [witness to be named] Douglas Skinner The Conference (‘‘Act’’),1 and Rule 19b–4 thereunder,2 2:30 pm: New York Stock Exchange Board, Dr. Carolyn Brancato, notice is hereby given that on January [witness to be named], American Research Director, Corporate 11, 1995, the American Stock Exchange, Stock Exchange—Mr. James F. Governance Inc. (‘‘Amex’’) or ‘‘Exchange’’) filed with Duffy, Executive Vice President and B. The San Francisco Hearings the Securities and Exchange General Counsel, National Commission (‘‘Commission’’ or ‘‘SEC’’) Association of Securities Dealers— Thursday, February 16, 1995 the proposed rule change as described Mr. Joseph R. Hardiman, President 10:00 am: Disimplication Theory in Items I and II below, which Items and Chief Executive Officer. Professor Joseph Grundfest, Stanford have been prepared by the self- 3:15 pm: Bell Atlantic Corporation, Mr. University School of Law regulatory organization. P. Alan Bulliner, Vice President, Corporate Secretary and Counsel, Seasoned Issuer Proposal I. Self-Regulatory Organization’s MCI Corporation, Mr. John R. Mr. George Kadonada, Vice-Chairman, Statement of the Terms of Substance of Worthington, Senior Vice President Association of Publicly Traded the Proposed Rule Change and General Counsel, Legent Companies, to be accompanied by The Amex requests a four month Corporation, Mr. John Burton, Mr. Brian T. Borders, President, extension of a pilot program which President, Storage Technology Association of Publicly Traded amended Exchange Rule 109 to permit Corporation, Richard Bland, Esq., Companies a specialist, upon request, to grant stops Deputy General Counsel Reasonable Basis in Fact Proposal in a minimum fractional change 4:00 pm: American Institute of Certified market.3 The text of the proposed rule Public Accountants—Mr. Phillip B. National Association of Securities and Chenok, President and Richard Commercial Law Attorneys— 1 15 U.S.C. 78s(b)(1) (1988). Miller Esq., General Counsel, Price (witness to be named later), Bruce 2 17 CFR 240.19b–4 (1991). Waterhouse LLP, Mr. Arthur Siegel, Alan Mann, Esquire, Morrison & 3 The Amex received approval to amend Rule Vice Chairman, Audit and Business Foerster 109, on a pilot basis, in Securities Exchange Act 11:30 am: Software Publishers Release No. 30603 (April 17, 1992), 57 FR 15340 Advisory Services, to be (April 27, 1992) (File No. SR–Amex–91–05) (‘‘1992 accompanied by Andrew J. Pincus Association—(witness to be Approval Order’’). The Commission subsequently Esq., Mayer, Brown and Platt named), Software Industry extended the Amex’s pilot program in Securities 4:45 pm: United Brotherhood of Coalition(witness to be named), Exchange Act Release Nos. 32185 (April 21, 1993), ITAA—Douglas C. Jerger, Vice- 58 FR 25681 (April 27, 1993) (File No. SR–Amex– Carpenters, Mr. Edward Durking, 93–10) (‘‘April 1993 Approval Order’’); 32664 (July Director Special Programs President American Software 21, 1993), 58 FR 40171 (July 27, 1993) (File No. SR– Department, International Association Amex–93–22) (‘‘July 1993 Approval Order’’); and Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7237 change is available at the Office of the improvement, while increasing market inspection and copying at the principal Secretary, Amex and at the Commission. depth and continuity without adversely office of the Amex. All submissions affecting orders on the specialist’s book. should refer to File No. SR–Amex–95– II. Self-Regulatory Organization’s The Exchange’s findings in this regard 01 and should be submitted by February Statement of the Purpose of, and 28, 1995. Statutory Basis for, the Proposed Rule have been forwarded to the Commission Change under separate cover. The Exchange is therefore proposing a IV. Commission’s Findings and Order In its filing with the Commission, the four month extension of the pilot Granting Accelerated Approval of self-regulatory organization included program which amended Rule 109. Proposed Rule Change statements concerning the purpose of The Commission finds that the and basis for the proposed rule change 2. Statutory Basis proposed rule change is consistent with and discussed any comments it received The proposed rule change is the requirements of the Act and the on the proposed rule change. The text consistent with Section 6(b) of the Act rules and regulations thereunder of these statements may be examined at in general and furthers the objectives of applicable to a national securities the places specified in Item III below. Section 6(b)(5) in particular in that it is exchange and, in particular, with The self-regulatory organization has designed to promote just and equitable Section 6(b)(5) 7 and Section 11(b) 8 of prepared summaries, set forth in principles of trade, to remove the Act. The Commission believes that Sections A, B, and C below, of the most impediments to and perfect the the amendments to Rule 109 should significant aspects of such statements. mechanism of a free and open market further the objectives of Section 6(b)(5) A. Self-Regulatory Organization’s and, in general, to protect investors and and Section 11(b) through pilot program Statement of the Purpose of, and the public interest. The Exchange procedures designed to allow stops, in Statutory Basis for, the Proposed Rule believes that the proposed amendments minimum fractional change markets, Change to Rule 109 are consistent with these under limited circumstances that objectives in that they are designed to provide the possibility of price 1. Purpose allow stops, in minimum fractional improvement to customers whose orders On March 21 1994, the Commission change markets, under limited are granted stops.9 extended its pilot approval of circumstances that provide for the In its orders approving the pilot amendments to Exchange Rule 109 until possibility of price improvement to procedures,10 the Commission asked the March 21, 1995.4 The amendments customers whose orders are granted Amex to study the effects of stopping permit a specialist, upon request, to stops. stock in a minimum fractional change 5 grant a stop in a minimum fractional B. Self-Regulatory Organization’s market. Specifically, the Commission 6 change market for any order of 2,000 Statement on Burden on Competition requested information on (1) the shares or less, up to a total of 5,000 percentage of stopped orders executed shares for all stopped orders, provided The proposed rule change will impose at the stop price, versus the percentage there is an order imbalance, without no burden on competition. of such orders that received a better obtaining prior Floor Official approval. C. Self-Regulatory Organization’s price; (2) whether limit orders on the A Floor Official, however, must Statement on Comments on the specialist’s book were bypassed due to authorize a greater order size or Proposed Rule Change Received From the execution of stopped orders at a aggregate share threshold. Members, Participants or Others better price (and, to this end, the During the course of the pilot Commission requested that the Amex program, the Exchange has closely No written comments were solicited conduct a one-day review of all book monitored compliance with the rule’s or received with respect to the proposed orders in the ten stocks receiving the requirements; analyzed the impact on rule change. greatest number of stops); (3) market orders on the specialist’s book resulting III. Solicitation of Comments depth, including a comparison of the from the execution of stopped orders at Interested persons are invited to size of stopped orders to the size of the a price that is better than the stop price; opposite side of the quote and to any and reviewed market depth in a stock submit written data, views and arguments concerning the foregoing. quote size imbalance, and an analysis of when a stop is granted in a minimum the ratio of the size of the bid to the size fractional change market. The Exchange Persons making written submissions should file six copies thereof with the of the offer; and (4) specialist believes that the amendments to Rule compliance with the pilot program’s 109 have provided a benefit to investors Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., procedures. by providing an opportunity for price The Exchange has submitted to the Washington, DC 20549. Copies of the Commission several monitoring reports submission, all subsequent 33791 (March 21, 1994), 59 FR 14432 (March 28, regarding the amendments to Rule 109. amendments, all written statements 1994) (File No. SR–Amex–93–47) (‘‘1994 Approval The Commission believes that, although Order’’). Commission approval of these with respect to the proposed rule these monitoring reports provide certain amendments to Rule 109 expires on March 21, change that are filed with the 1995. The Exchange seeks accelerated approval of useful information concerning the Commission, and all written the proposed rule change in order to allow the pilot operation of the pilot program, the communications relating to the program to continue without interruption. See letter Commission must conduct further from Linda Tarr, Special Counsel, Legal & proposed rule change between the Regulatory Policy Division, Amex, to Glen Commission and any person, other than Barrentine, Senior Counsel, Division of Market 7 15 U.S.C. 78f (1988). those that may be withheld from the Regulation, SEC, dated January 31, 1995. 8 15 U.S.C. 78k (1988). 4 See 1994 Approval Order, supra, Note 3. public in accordance with the 9 For a description of Amex procedures for 5 When a specialist agrees to a floor broker’s provisions of 5 U.S.C. 552, will be stopping stock in minimum fractional change request to ‘‘stop’’ an order, the specialist is available for inspection and copying at markets, and of the Commission’s rationale for obligated to execute the order at the best bid or the Commission’s Public Reference approving those procedures on a pilot basis, see offer, or better if obtainable. See Amex Rule 109(a). Section, 450 Fifth Street, NW., 1992 Approval Order, supra, note 3. The discussion 6 Amex Rule 127 sets forth the minimum in the aforementioned order is incorporated by fractional changes for securities traded on the Washington, DC 20549. Copies of such reference into this order. Exchange. filing will also be available for 10 See supra, note 3. 7238 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices analysis of the Amex data and, in aggregated data, the Amex provided a In the Commission’s opinion, the particular, of Rule 109’s impact on limit detailed breakdown of the disposition of Amex data generally supports its orders on the specialist’s book, before it each order. conclusions regarding market depth. can consider permanent approval The Commission historically has been The Commission continues to believe thereof. To allow the Commission fairly concerned that book orders may get that the requirement of a sufficient and comprehensively to evaluate the bypassed when stock is stopped, market imbalance is a critical aspect of Amex’s use of its pilot procedures, especially in a minimum fractional the pilot program.19 When properly without compromising the benefit that change market.13 Based on the Amex’s applied, such a requirement should help investors might receive under Rule 109, prior experience, the Commission did the Amex ensure that stops are only as amended, the Commission believes not have sufficient grounds to conclude granted in a minimum fractional change that it is reasonable to extend the pilot that this long-standing concern had market when the benefit (i.e., price program until July 21, 1995. been alleviated. The Commission improvement) to orders being stopped First, the Amex’s latest monitoring acknowledges, however, that Amex’s far exceeds the potential of harm to report indicates that approximately half recent monitoring reports provide new orders on the specialist’s book.20 of orders stopped in minimum information on this aspect of the pilot fractional change markets received price program. As a result, the Commission Finally, the Amex report describes its improvement. The Commission, finds that additional time is necessary efforts regarding compliance with the therefore, believes that the pilot for the Commission to review such pilot procedures. To alleviate confusion procedures provide a benefit to certain information and to ensure that Rule 109, about how to evidence Floor Official investors by offering the possibility of as amended, does not harm public approval (which, as noted above, a price improvement to customers whose customers with limit orders on the specialist must obtain to stop any order orders are granted stops in minimum specialist’s book. for more than 2,000 shares, or a total of fractional change markets. According to In terms of market depth, the Amex’s more than 5,00 shares for all stopped the Amex report, moreover, nearly all monitoring report suggests that stock orders), the Exchange has developed stopped orders were for 2,000 shares or tends to be stopped in minimum new manual and automated reports, less. In this respect, the amendments to fractional change markets where there is which serve as a written audit trail for Rule 109 should mainly affect small a significant disparity (in both absolute surveillance purposes. As a result, the public customer orders, which the and relative terms) between the number Commission believes that the Amex has Commission envisioned could most of shares bid for and the number of sufficient means to determine whether a benefit from professional handling by shares offered.14 That report also specialist complied with the the specialist. suggests that, given the depth of the amendments’ order size and aggregate Second, the Amex states that the opposite side of the market, orders share thresholds and, if not, whether amendments to Rule 109 have not affected by the Rule 109 pilot tend to be Floor Official approval was obtained for adversely affected customer limit orders relatively small.15 The Amex repeatedly larger parameters. The Commission also existing on the specialist’s book.11 This has stated, both to the Commission 16 notes the Amex’s ongoing effort to keep conclusion is based on the Exchange’s and to its members,17 that specialists its specialists properly informed about review of limit orders on the opposite can only stop stock in a minimum the pilot program’s requirements. In this side of the market at the time a stop was fractional changed market when (1) an context, the Amex has distributed granted pursuant to this pilot program. imbalance exists on the opposite side of Information Circulars,21 and held As part of its one-day review of the ten the market and (2) such imbalance is of continuing educational sessions on the stocks receiving the greatest number of sufficient size to suggest the likelihood pilot program and its requirements for stops, the Amex determined how often of price improvement.18 stopping stock in minimum fractional book orders which might have been change markets. The Commission would entitled to an execution had the order 13 See, e.g., SEC, Report of the Special Study of expect the Amex to take appropriate not been stopped, in fact, were executed the Securities Markets of the Securities and action in response to any instance of Exchange Commission, H.R. Doc. No. 95, 88th at their limit price by the close of the Cong., 1st Sess. Pt. 2 (1963). specialist non-compliance with Rule 12 day’s trading. In addition to 14 There is a direct relationship between such a 109’s procedures. quote size imbalance and the likelihood of price During the pilot extension, the 11 improvement. A large imbalance on one side of the When stock is stopped, book orders on the Commission requests that the Exchange opposite side of the market that are entitled to market suggests that subsequent transactions will immediate execution lose their priority. If the take place on the other side. In those circumstances, continue to monitor the effects of stopped order then receives an improved price, it could be appropriate to grant a stop, since the stopping stock in a minimum fractional limit orders at the stop price are bypassed and, if delay might allow the specialist to execute the order change market and to provide additional the market turns away from that limit, may never at a better price for the customer. be executed. 15 A relatively large order might begin to information where appropriate. As for book orders on the same side of the market counteract the pressure the imbalance on the Moreover, if the Exchange determines to as the stopped stock, the Commission believes that opposite side of the market is putting on the stock’s request permanent approval of the pilot Rule 109’s requirements make it unlikely that these price. Accordingly, it might not be as appropriate program or an extension thereof beyond limit orders would not be executed. Under the to stop such an order. Amex’s pilot program, an order can be stopped only 16 See letter from Claire P. McGrath, Senior July 21, 1995, the Amex should submit if a substantial imbalance exists on the opposite counsel, Legal & Regulatory Policy Division, Amex, to the Commission a proposed rule side of the market. See infra, text accompanying to Mary Revell, Branch Chief, Division of Market change by April 1, 1995. notes 14–20. In those circumstances, the stock Regulation, SEC, dated January 6, 1992 would probably trade away from the large (Amendment No. 1 to File No. SR–Amex–91–05). imbalance, resulting in execution of orders on the Amendment No. 1 formally incorporated the 19 In extending a comparable pilot program on the book. requirement that the indicia of market depth New York Stock Exchange, the Commission placed 12 Beyond the one-day review, the Amex could discussed below must, without exception, be similar emphasis on the critical nature of the make this determination only for those stocks in satisfied before a specialist is permitted to stop sufficient size standard when stopping stock in which the electronic display book had been stock in a minimum fractional change market. minimum fractional change markets. See Securities implemented. For other stocks, the Amex 17 See Amex Information Circular Nos. 92–74 Exchange Act Release No. 33791 (March 21, 1994), determined how often an equivalent volume (i.e., (April 24, 1992) and 93–333 (April 7, 1993). 59 FR 14437 (March 28, 1994) (File No. SR–NYSE– the same number of shares as the stopped order) 18 For further discussion of the relationship 94–06). was executed at the opposite side’s limit price by between quote size imbalance and the likelihood of 20 See supra, text accompanying notes 11–13. the close of the day’s trading. price improvement, see supra note 14. 21 See supra, note 17. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7239 The Commission finds good cause for The CBOE proposes to amend CBOE Exchange pursuant to CBOE Rule 19.2, approving the proposed rule change Rule 17.50 to (1) extend the ‘‘lookback ‘‘Submission of Application to prior to the thirtieth day after the date period’’ for determining certain Exchange,’’ and that a hearing, if of publication of the notice of filing sanctions; (2) limit the number of requested, will be conducted in thereof. This will permit the pilot transactions for which a member may accordance with the provisions of CBOE program to continue on an request verification; (3) clarify appeal Rules 19.3, ‘‘Procedure Following uninterrupted basis. In addition, the procedures; (4) provide for the waiver of Applications for Hearing,’’ and 19.4, procedures the Exchange proposes to certain fees for appeals; (5) conform ‘‘Hearing.’’ Under paragraph (d)(2), the continue using are the identical procedures for requests for review under Appeals Committee may waive the procedures that were published in the CBOE Rule 17.50 with other CBOE forum fee if the Appeals Committee Federal Register for the full comment rules; and (6) clarify certain provisions finds that the person charged is guilty period and were approved by the of the rule. of one or more of the rule violations Commission.22 Specifically, the Exchange proposes to alleged and the sole disciplinary It is therefore ordered, pursuant to (1) amend CBOE Rule 17.50(g)(4) to sanction imposed by the Appeals Section 19(b)(2),23 that the proposed extend from nine to 18 months the Committee is a fine which is less than rule change (SR–Amex–95–01) is hereby ‘‘lookback period’’ for failure to submit the total fine initially imposed by the approved until July 21, 1995. accurate trade information pursuant to Exchange. For the Commission, by the Division of CBOE Rule 6.51, ‘‘Reporting Duties;’’ In addition, the CBOE proposes to Market Regulation, pursuant to delegated and (2) amend CBOE Rule 17.50(g)(5) to amend CBOE Rule 17.50(c) to provide authority.24 create an 18-month ‘‘lookback period’’ the Exchange’s Business Conduct Margaret H. McFarland, for failure to submit trade information to Committee (‘‘BCC’’) 5 and the Appeals Deputy Secretary. the price reporter pursuant to CBOE Committee with the discretion to waive [FR Doc. 95–2971 Filed 2–6–95; 8:45 am] Rule 6.51. The Exchange also proposes the forum fee provided for if the BILLING CODE 8010±01±M to amend CBOE Rule 17.50(g)(6) to applicable committee finds that the provide that the maximum fine person charged is guilty of one or more authorized under the Exchange’s trading of the rule violations alleged and the [Release No. 34±35300; File No. SR±CBOE± and decorum policies may be imposed sole disciplinary sanction imposed is a 94±46] for a first or second offense if warranted fine which is less than the total fine Self-Regulatory Organizations; Order under the circumstances in the view of initially imposed by the Exchange. The Approving Proposed Rule Change and the Floor Officials Committee. CBOE believes that this amendment will Notice of Filing and Order Granting The CBOE proposes to amend lead to a more equitable resolution of Accelerated Approval of Amendment Exchange Rule 17.50, Interpretation and certain appeals under CBOE Rule 17.50 No. 1 to the Proposed Rule Change by Policy .03 to impose a cap on the in situations where the committees the Chicago Board Options Exchange, number of transactions during a believe that a waiver of the forum fee is Inc., Relating to Amendments to the particular month for which a member warranted; such situations arise, for Minor Rule Violation Fine Plan fined more than twice in an 18-month example, when a fine is reduced on period for failure to submit accurate appeal. January 31, 1995. trade information or failure to submit The CBOE also proposes to amend On November 21, 1994, the Chicago trade information to the price reporter CBOE Rule 17.50(c)(3) and to add (d)(3) Board Options Exchange, Inc. (‘‘CBOE’’ may request verification. Under to make the procedures applicable to or ‘‘Exchange’’) filed with the Securities Interpretation and Policy .03, as requests by the Board of Directors and Exchange Commission (‘‘SEC’’ or amended, a member fined more than (‘‘Board’’) for review by the Board of ‘‘Commission’’) pursuant to Section twice in an 18-month period may determinations of the Appeals 19(b)(1) of the Securities Exchange Act request verification of the greater of 50 Committee under CBOE Rule 17.50 of 1934 (‘‘Act’’),1 and Rule 19b–4 transactions during a month or 10% of consistent with the procedures thereunder,2 a proposed rule change to the number of transactions deemed not applicable to similar requests regarding amend certain provisions of CBOE Rule to be in compliance with CBOE Rule other decisions of these committee as 17.50, ‘‘Imposition of Fines for Minor 6.51. provided in CBOE Rules 17.10(c) and Rule Violations.’’ The CBOE also proposes several 19.5(a). Notice of the proposed rule change amendments to revise the procedures Finally, the CBOE proposes a appeared in the Federal Register on applicable to the appeal and review of nonsubstantive change to clarify CBOE December 5, 1993.3 No comments were fines imposed under CBOE Rule 17.50. Rule 17.50(g)(1), ‘‘Violation of position received on the proposal.4 First, the CBOE proposes to amend limit rules,’’ by deleting a potentially Exchange Rule 17.50(c)(1) to state confusing reference to CBOE Rule 24.4, 22 No comments were received in connection with explicitly the rights of members fined ‘‘Position Limits for Broad-Based Index the proposed rule change which implemented these under the rule. The CBOE also proposes Options.’’ Currently, CBOE Rule procedures. See 1992 Approval Order, supra, note to add paragraph (d)(1) to clarify the 17.50(g)(1), which applies to violations 3. procedures applicable to appeals from of all of the Exchange’s position limit 23 15 U.S.C. 78s(b)(2) (1988). fines imposed for trading conduct and rules, only specifically references CBOE 24 17 CFR 200.30–3(a)(12) (1991). decorum violations to note that, among 1 15 U.S.C. 78s(b)(1) (1998). other things, a person fined for such 5 The BCC has decision-making authority 2 17 CFR 240.19b–4 (1994). violations may contest the Exchange’s concerning possible violations within the 3 See Securities Exchange Act Release No. 35014 determination by filing a written disciplinary jurisdiction of the Exchange. The BCC (November 28, 1994), 59 FR 62429 (December 5, reviews CBOE staff investigatory reports and issues 1994). application with the Secretary of the statements of charges, accepts or rejects offers of 4 On January 10, 1995, the CBOE amended its settlement and letters of consent, holds hearings proposal to provide that fines imposed pursuant to Regulation, Commission, dated January 9, 1995 and conducts summary proceedings, serves written CBOE Rule 17.50(b)(7) are subject to review by the (‘‘Amendment No. 1’’). CBOE Rule 17.50(g)(7) decisions on the parties to proceedings, and, when Exchange’s Appeals Committee. See Letter from establishes a fine schedule for failures to submit appropriate, imposes sanctions, including Arthur B. Reinstein, Attorney, CBOE, to Sharon trade data on the trade date. See order approving expulsions, suspensions, fines, censures, and other Lawson, Assistant Director, Division of Market File No. SR–CBOE–94–50. fitting sanctions. 7240 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Rules 4.11, ‘‘Position Limits,’’ and Exchange’s trading and decorum transactions that will be reviewed by the 24.4(a), and does not specifically policies. Exchange’s surveillance staff. reference the other CBOE rules which In addition, the Commission notes At the same time, the Commission determine compliance with CBOE Rule that the current fine schedules provided believes that the proposed amendment 4.11, the Exchange’s general rule in CBOE 17.50 for violations of CBOE to CBOE Rule 17.50, Interpretation and governing position limits.6 Although the rule 6.51 are graduated to account for Policy .03 does not compromise CBOE states that this is not technically repeat offenders and that allowing the members’ rights to fair procedures in incorrect—because all position limit Exchange to create 18-month ‘‘lookback CBOE disciplinary proceedings. violations, no matter what type of periods’’ is consistent with the existing Specifically, the Commission notes that option they relate to, are violations of framework of graduated fines and may the limit on verification requests does CBOE Rule 4.11—the current references increase the CBOE’s ability to deter not apply to members who receive less are potentially confusing. Therefore, to repeat offenders. By encouraging market than three fines for violations of either eliminate potential confusion, the CBOE makers and floor brokers to submit CBOE Rule 17.50(g)(4) or 17.50(g)(5) proposes to delete the reference to accurate trade information and to during an 18-month period and that the CBOE Rule 24.4(a), so that CBOE Rule submit information to the price reporter, proposal limits, but does not eliminate, 17.50(g)(1), as amended, will refer only the proposal should enhance the a member’s ability to request to CBOE Rule 4.11. accuracy of the CBOE’s audit trails and, verification of transactions during a in turn, protect investors and the public particular month. In addition, the The CBOE believes that the proposed Commission notes that a member fined rule change is consistent with Section interest by helping the CBOE to enforce compliance by its members with the under CBOE Rule 17.50 may contest the 6(b) of the Act, in general, and furthers fine imposed pursuant to CBOE Rule the objectives of Sections 6(b)(1) and federal securities laws and the CBOE’s rules. 17.50 through the submission of a 6(b)(7), in particular, in that it enhances written answer as provided in CBOE the effectiveness and fairness of the The Commission also believes that it is reasonable for the CBOE to amend Rule 17.5, ‘‘Answer,’’ when the matter Exchange’s disciplinary procedures. will become subject to review by the CBOE Rule 17.50, Interpretation and Exchange’s BCC.10 The Commission finds that the Policy .03 to limit the number of The Commission believes that it is proposed rule change is consistent with transactions during a month for which the requirements of the Act and the reasonable for the CBOE to amend a member fined more than twice during CBOE Rule 17.509c)(1) to state rules and regulations thereunder an 18-month period under CBOE Rule applicable to a national securities explicitly the right of members fined 17.50(g)(4) or (g)(5) may request under CBOE Rule 17.50, including exchange, and, in particular, with the verification of the fine. Specifically, requirements of Sections 6(b)(5), 6(b)(6), members who receive fines exceeding under the proposal, if a member $2,500 for trading conduct and decorum and 6(b)(7).7 Section 6(b)(6) of the Act receives three or more such fines during requires that the rules of the Exchange policy violations, to contest the an 18-month period he will be Exchange’s determination by filing an provides that its members be permitted to request verification of the appropriately disciplined for violations answer under CBOE Rule 17.5. In greater of 50 transactions or 10% of the addition, the Commission believes that of the Act, the rules and regulations number of transactions deemed not to it is reasonable for the Exchange to add thereunder, and the Exchange’s rules. be in compliance with CBOE Rule paragraph (d) to CBOE Rule 17.50, As noted above, the CBOE proposes to 17.50(g)(4) or 17.50(g)(5). The proposed which specifies the procedures amend CBOE Rule 17.50 to (1) extend to cap will apply separately to fines applicable to appeals of trading conduct 18 months the ‘‘lookback period’’ for imposed under CBOE Rules 17.50(g)(4) and decorum policy violation fines not failure to submit accurate trade and 17.50(g)(5). exceeding $2,500 imposed pursuant to information pursuant to CBOE Rule The Commission believes that the CBOE Rule 17.50(g)(6) and fines 6.51;8 (2) create an 18-month ‘‘lookback proposal to amend CBOE Rule 17.50, imposed pursuant to CBOE Rule period’’ for failure to submit trade Interpretation and Policy .03 to limit the 27.50(g)(7).11 information to the price reporter number of transactions during a 9 The Commission believes that the pursuant to CBOE Rule 6.51; and (3) particular month for which a member amendments to CBOE Rule 17.50(c) and provide that the maximum fine may request verification strikes a addition of paragraph (d) clarify the authorized under the Exchange’s trading reasonable balance between providing appeal procedures available to members and decorum policies may be imposed CBOE members with a reasonable fined under CBOE Rule 17.50, thereby for a first or second offense if the Floor opportunity to request verification of helping to ensure that the Exchange Officials Committee believes that such fines imposed for failure to submit provides fair procedures for the action is warranted. The Commission accurate trade information or failure to disciplining of members, consistent believes that these amendments to submit trade information to the price with Section 6(b)(7) of the Act. The CBOE Rule 17.50 will provide for reporter and limiting the administrative Commission believes that right to prompt, effective and appropriate burden associated with verification of appeal sanctions imposed under CBOE discipline of CBOE Rule 6.51 and of the the transactions. In this regard, the Rule 17.50 will help to safeguard the CBOE states that the majority of procedural rights of sanctioned persons 6 Other CBOE position limit rules which establish verification requests involve the review while preserving the Exchange’s ability ways to determine compliance with CBOE Rule of between 30 and 150 transactions and 4.11 with respect to particular types of options to adjudicate minor rule violations in a include CBOE Rule 24.A, ‘‘Position Limits for that the Exchange has had to devote an timely and efficient manner through the Industry Options,’’ CBOE Rule A.7, ‘‘Position increasing amount of CBOE staff time process established in CBOE Rule 17.50. Limits’’ (Flexible Exchange Options), CBOE Rule and resources to processing the In addition, the Commission believes 21.3, ‘‘Position Limits’’ (Treasury Bonds and Notes), verification requests. According to the and CBOE Rule 23.3, ‘‘Position Limits’’ (interest that it is reasonable for the Exchange to rate options). CBOE, the proposed cap will affect a amend its rules to provide BCC and the 7 15 U.S.C. 78f(b)(5), (6), and (7) (1988). small percentage of the members 8 See CBOE Rule 17.50(g)(4). requesting verification and will 10 See CBOE Rule 17.50(c). 9 See CBOE Rule 17.50(g)(5). materially reduce the total number of 11 See Amendment No. 1, supra note 4. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7241 Appeals Committee with the discretion Margaret H. McFarland, received.7 This order approves the to waive the forum fee established in Deputy Secretary. proposed rule change. CBOE Rule 17.50 if the BCC or the [FR Doc. 95–2907 Filed 2–6–95; 8:45 am] I. Background Appeals Committee determines that the BILLING CODE 8010±01±M person charged is guilty of one or more The Code governs arbitration of any of the rule violations alleged and the dispute arising out of or in connection sole disciplinary sanction imposed by with the business of any NASD member, [Release No. 34±35314; File No. SR±NASD± or arising out of the employment or the BCC or the Appeals Committee is a 94±10] fine which is less than the total fine termination of employment of initially imposed for the violation. By Self-Regulatory Organizations; Order associated persons with a member, other allowing the BCC and the Appeals Approving Proposed Rule Change by than disputes involving the insurance Committee to waive the forum fees, the National Association of Securities business of any member which is also Commission believes that the proposal Dealers, Inc. Relating to Procedures an insurance company, if the dispute is: should enhance the fairness of the for Large and Complex Arbitration (1) Between or among members; (2) CBOE ’s disciplinary system and help to Cases between or among members and ensure that appropriate and equitable associated persons; (3) between or discipline is imposed under CBOE Rule February 1, 1995. among members of associated persons 17.50. On January 31, 1995, the National and public customers, or others; or (4) The Commission believes that it is Association of Securities Dealers, Inc. between or among members, registered reasonable for the Exchange to amend (‘‘NASD’’ or ‘‘Association’’) filed with clearing agencies with which the NASD CBOE Rule 17.50 to provide that the the Securities and Exchange has entered into an agreement to use the Exchange department which Commission (‘‘SEC’’ or ‘‘Commission’’)1 NASD’s arbitration facilities and commenced an action under CBOE Rule a proposed rule change pursuant to procedures, and participants, pledges or Section 19(b)(1) of the Securities other persons using the facilities of a 17.50, the person charged, the President 8 of the Exchange, and the Board may Exchange Act of 1934 (‘‘Act’’)2, and registered clearing agency. The Code contains specialized require a review by the Board of any Rule 19b–4 thereunder.3 The rule procedures for certain categories of determination of the Appeals change amends the Code of Arbitration cases. Part II of the Code 9 contains Committee under CBOE Rule 17.50 by Procedure (‘‘Code’’)4 by amending Part procedures applicable solely to industry proceeding in the manner provided in III, Sections 43 5 and 44 6 and adding and clearing controversies. Section 13 of CBOE Rule 19.5, ‘‘Review.’’ The new Section 46 to provide procedures the Code 10 contains certain specialized Commission notes that the provision is for large and complex arbitration cases procedures applicable to controversies similar to the current CBOE rule as a one year pilot program. involving public customers and governing requests for review of BCC Notice of the proposed rule change, associated persons or members if these determinations. together with the substance of the controversies involve a dollar amount Finally, the Commission believes that proposal, was provided by issuance of a Commission release (Securities not exceeding $10,000. the CBOE’s proposal to make The NASD submitted this rule change Exchange Act Release No. 34998, Nov. nonsubstantive changes to CBOE Rule because it believes that certain large and 22, 1994) and by publication in the 17.50(g)(1) is consistent with the Act complex cases may require special Federal Register (59 FR 61010, Nov. 29, because it is designed to clarify the rule. management beyond that currently 1994). Two comment letters were The Commission finds good cause for afforded by the Code. Therefore, the approving Amendment No. 1 to the NASD is adding new Section 46 to the proposed rule change prior to the 1 The NASD initially submitted the proposed rule change on February 15, 1994. Amendment No. 1, Code setting forth procedures for thirtieth day after the date of submitted on October 12, 1994, clarified various handling and managing large and publication of notice of filing thereof in aspects of the proposed rule change, altered the complex cases. In part, some of the the Federal Register in order to manner in which arbitrators are selected to a panel procedures contain certain features of establish procedures applicable to and altered the disclosures required with respect to unsuccessful settlement discussions. Amendment rules adopted by the American appeals of fines imposed pursuant to No. 2, submitted on November 18, 1994, amended Arbitration Association (‘‘AAA’’) for CBOE Rule 17.50(g)(7). By providing proposed Section 46(g) to clarify that arbitrators processing large and complex cases. members with a means to appeal such may, at their own initiative, issue an award Section 46 also contains certain features fines, the Commission believes that the accompanied by a statement of reasons or basis of award and that parties may specifically agree to of the arbitration rules of the National procedures set forth in Amendment No. require arbitrators to issue a statement of reasons Futures Association. Many of the 1 should help to ensure that fines are when they issue an award. Amendment No. 3, procedures in Section 46 also are imposed fairly under CBOE Rule submitted on December 12, 1994, and Amendment provided elsewhere in the Code; 17.50(g)(7). Accordingly, the No. 4 were minor technical amendments. See Letter from Suzanne E. Rothwell, Associate General however, the NASD believes that Commission believes it is consistent Counsel, NASD, to Mark Barracca, Branch Chief, grouping these procedures together in a with sections 6(b)(5) and 19(b)(2) of the Over-the-Counter Regulation, SEC (December 9, Act to approve Amendment No. 1 on an 1994) (available in Commission’s Public Reference 7 See letter from Cliff Palefsky, Esq., Chairman, accelerated basis. Room); Letter from Suzanne E. Rothwell, Associate Securities Industry Arbitration Committee, National General Counsel, NASD, to Mark Barracca, Branch It is Therefore Ordered, pursuant to Employment Lawyers Association (‘‘NELA’’), to Chief, Over-the-Counter Regulation, SEC (January Jonathan G. Katz, Secretary, SEC, dated December 12 section 19(b)(2) of the Act, that the 31, 1994) (available in Commission’s Public 12, 1994 (‘‘NELA Letter’’); letter from Seth E. proposed rule change (File No. SR– Reference Room). Lipner, Esq., Deutsch & Lipner, to Jonathan G. Katz, CBOE–94–46) is approved. 2 15 U.S.C. 78s(b)(1) (1988). Secretary, SEC, dated December 22, 1994 (‘‘Lipner For the Commission, by the Division of 3 17 CFR 240.19b–4. Letter’’). Market Regulation, pursuant to delegated 4 NASD Manual, Code of Arbitration Procedure, 8 NASD Manual, Code of Arbitration Procedure, authority.13 (CCH) ¶¶ 3701 et. seq. Part I, Sec. 1 (CCH) ¶ 3701. 5 NASD Manual, Code of Arbitration Procedure, 9 NASD Manual, Code of Arbitration Procedure, Part III, Sec. 43 (CCH) ¶ 3743. Part II, Secs. 8–11 (CCH) ¶ 3708–3711. 12 15 U.S.C. 78s(b)(2) (1982). 6 NASD Manual, Code of Arbitration Procedure, 10 NASD Manual, Code of Arbitration Procedure, 13 17 CFR 200.30–3(a)(12) (1994). Part III, Sec. 44 (CCH) ¶ 3744. Part III, Sec. 13 (CCH) ¶ 3713. 7242 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices single section serves to emphasize the will be applicable to disputes, claims or required to appoint arbitrators. A party utility of these procedures for large and controversies (‘‘eligible matters’’) in could be severely disadvantaged if it complex cases. which the claim or counterclaim is at devoted time and resources to The NASD stated that the procedures least $1 million, including punitive or arbitrating a matter under the large and are intended to encourage the parties to exemplary damages, but exclusive of complex case rules, only to confront come to an agreement on the rules that interest costs or fees, or in other cases unilateral rejection of the agreed-upon will govern the disposition of the in which the parties agree that the procedures later in the process. matter. Under new Section 46, all cases matter should be subject to the In this regard, the NASD has stated that are eligible for the procedures procedures. This provision permits that if, at any point after such an contained in that Section will be parties with claims of less than $1 agreement under Section 46 (a)(2) and scheduled for an administrative million to have their matter heard (a)(3) becomes binding, a member of the conference in order to determine pursuant to these procedures if, in their NASD or an associated person refuses to whether the parties can agree on ways judgment, it would be advantageous to proceed with the arbitration of the in which the case should be do so. matter and, instead seeks to dismiss the administered. Beyond the mandatory Section 46(a) requires an eligible action and refile it in court, another administrative conference, however, all matter to be scheduled for an arbitration forum, or with the NASD as parties to an eligible matter must agree administrative conference. As noted an ordinary arbitration action, the to continue with a proceeding under the above, unless all parties agree, the large NASD would regard this action as a provisions of Section 46; otherwise, the and complex case rules will not govern violation of the member’s obligation to Code provisions generally applicable to arbitration of the matter following the arbitrate such matters under the Code arbitration matters will govern the administrative conference. The subjecting the member of associated proceeding. The NASD stated that most procedures for an administrative person to potential disciplinary action. of the provisions of the proposed rules conference, discussed in detail below, Further, the NASD has stated that any will allow the parties to adopt an bring the parties together to consider the failure by any party to proceed after the alternative procedure of their own various issues involved in managing the agreement becomes binding may be creation if they can agree on such matter and to determine if any addressed under various provisions of procedures. agreement can be reached on such the Code which permit the arbitrators to Section 46 includes procedures for an issues. If the parties fail to agree on issue orders, penalize parties and make administrative conference, the procedures, they are not required to awards without the attendance or appointment of arbitrators, and a continue under the large and complex participation of a party.12 preliminary hearing. The provisions of case rules; the rules are not intended to C. Administrative Conference the rule change are described in more apply to cases if a party does not wish detail below. for them to apply. In order to assist Section 46(b) provides for an Finally, the rule change is a one year parties in deciding whether to proceed administrative conference of the parties pilot program. It will remain in effect for under the large and complex case rules, to an eligible matter to discuss, among cases filed within one year from the date the NASD will provide all parties with other things, the claim and amount in of effectiveness (ninety days after the an educational pamphlet.11 The dispute, arbitrator preferences, date of this order) unless the NASD pamphlet will discuss issues that parties procedures, discovery, scheduling and Board of Governors authorizes and the should address in a written document settlement. In its filing with the Commission approves its modification prior to submitting a matter for Commission, the NASD indicated that or extension. During the pilot program resolution under the large and complex this provision is intended to bring the the NASD will monitor the case rules, including, among other parties together to air and discuss all implementation and utility of the rule issues, arbitrator selection and issues related to the arbitration, to change in order to determine whether to compensation, discovery and whether exchange information on procedural add it permanently to the Code. an award will include a statement of and scheduling matters, and to reach reasons. Thus, the rule change does not agreement on as many procedural and II. Substantive Provisions permit a selection of the large and scheduling issues as possible in order to A. Fees complex case rules in a predispute facilitate the orderly and expeditious resolution of the matter. The filing notes Sections 43 and 44 of the Code, which arbitration agreement. Rather, it specifically provides that any agreement that if it becomes apparent that one or specify the schedule of fees for customer more parties are not amenable to disputes and industry disputes, to proceed under such rules will be made at or after an administrative proceeding under the large and complex respectively, have been amended to add case rules, the administrative subsections specifying that the fees and conference. If all parties agree to continue the conference will have served its purpose deposits for matters submitted for proceedings under the large and and the matter may proceed under the arbitration under the large and complex complex case rules, Subsection (a) other provisions of the Code. case rules shall be the fees and deposits provides that the agreement becomes The NASD expects that parties will otherwise specified for claims over binding on the parties once the last have reviewed the NASD’s pamphlet $5,000,000. As discussed further below arbitrator is appointed. This before the administrative conference. in Section D., parties may be assessed requirement reflects the NASD’s view Among the topics to be addressed in the additional fees to compensate that parties devote substantial resources pamphlet are the issues that parties arbitrators. Parties may condition their to formulate procedures to govern a should address in a written agreement acceptance of the large and complex particular matter. In addition, under Section 46 (a)(2) and (a)(3) prior case rules on an agreement with the substantial effort and commitment is to submitting a matter for resolution NASD governing these fees. under the large and complex case rules, B. Applicability 11 See letter dated October 12, 1994, to Mark Barracca, Esq., Branch Chief, SEC, from Suzanne E. 12 See e.g., NASD Manual, Code of Arbitration Section 46(a) specifies that the Rothwell, Associate General Counsel, NASD Procedure, Part III, Secs. 29, 32, 33 and 35 (CCH) procedures for large and complex cases (‘‘NASD Letter’’). ¶¶3729, 3732, 3733 and 3735. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7243 including: (1) Arbitrator selection; (2) decided before the selection of the Con- additional fees for arbitrator arbitrators. Section 46(a)(4) requires Party A Party B solidat- compensation; (3) whether the parties parties to pay arbitrator fees prior to the ed will use the prehearing discovery rules first hearing or the next scheduled rank included in these large and complex hearing, as applicable. Arbitrator #1 ...... 1 3 4 case rules, whether they will use the Under the procedures established by Arbitrator #2 ...... 3 2 5 prehearing discovery rules elsewhere in the NASD, the staff member assigned to Arbitrator #3 ...... 4 1 5 the Code, or some other prehearing conduct the administrative conference Arbitrator #4 ...... 2 5 7 procedures; and (4) whether the parties must discuss the availability of Arbitrator #5 ...... 5 4 9 are contracting for the arbitrators to arbitrators with the parties at the provide a written statement of reasons. administrative conference and obtain In order to ensure that a panel has at The pamphlet also will disclose that, if the agreement of the parties on how to least one attorney, the Director will the parties fail to address any of these proceed if availability is a problem. The issues, the issues may need to be extend the first invitations to the highest parties may, for instance, make further ranking attorneys on either list. If each resolved by the arbitration department proceedings under the large and or the arbitrators, as appropriate under attorney accepts, the NASD will select complex case rules contingent upon the the attorney who received a higher the assignment of responsibilities under availability of specially qualified the large and complex case rules and ranking from a party. Once an attorney arbitrators or upon specific has been named to the panel, the other Code provisions. The pamphlet compensation arrangements. also will highlight the fact that a Director will continue to extend Finally, while the rules contemplate significant feature of the large and invitations to arbitrators in the order of that eligible matters will be heard by complex rules is that arbitrators are their consolidated rank until the panel panels of three arbitrators, at least one authorized to dismiss the case, or any has been filed by the required number of whom is an attorney, Section 46(c)(1) part of it, on the written submissions of of public and industry arbitrators. permits the parties to agree to submit a the parties without any oral hearing. Under the provision, if a panel cannot matter to a single mutually acceptable be appointed from the consolidated D. Appointment of Arbitrators arbitrator. lists, the remainder of the panel will be Section 46(c) provides for the A panel may be appointed in one of appointed under the regular arbitration appointment of a panel of three three ways: (1) Pursuant to the usual provision in Section 19 of the Code. arbitrators to hear eligible matters. At procedures in Section 19 of the Code, if Finally, pursuant to Section least one arbitrator must be an attorney. the parties cannot agree on another 46(c)(3)(E), if a challenge for cause is The NASD intends to establish a pool method; (2) pursuant to a procedure set successful after the appointment of the of separately qualified arbitrators to hear forth in Section 46(c)(3); or (3) pursuant panel is complete, Section 46(c)(3)(E) many of the cases under the large and to a procedure agreed to by the parties. permits the Director of Arbitration to 13 complex case rules. The NASD also The procedure set forth in Section reopen the selection process at the point indicated that it will also draw from its 46(c)(3) provides that each party where the last arbitrator was appointed regular pool of arbitrators as necessary simultaneously will be provided with and continue the process as through the to fill panels for eligible matters. two lists of arbitrators: the first list will challenged arbitrator had never been Moreover, in order to attract arbitrators be composed of securities industry appointed. to serve on panels hearing eligible arbitrators and the second list will be E. Preliminary Hearing matters, Section 46 contains a composed of public arbitrators. The lists mechanism to provide additional will include certain biographical Section 46(d) provides that the compensation for those arbitrators. information, with other information arbitrators will convene a preliminary Section 46(c)(4) provides that prior to available on request. Within 20 days of hearing promptly following the the selection of the arbitrators, the the transmittal of these lists, each party appointment of the panel. Once the parties may agree to pay, and that the may challenge peremptorily or for cause arbitrators convene the preliminary Director of Arbitration has discretion to any or all arbitrators on the lists and hearing, the Director of Arbitration will assess, compensation to be paid to the must rank the remaining arbitrators on appoint a single arbitrator to preside arbitrators by the parties in addition to its lists in order of preference with over the preliminary hearing and the the honorarium specified by the Board ‘‘one’’ (1) indicating the most preferred presiding arbitrator will have the power of Governors. The additional arbitrator. Any party failing to to act on behalf of the panel on any compensation would reflect the challenge, rank and return the lists will appropriate matter arising before or after magnitude and complexity of the matter be considered to have accepted all listed the preliminary hearing. The presiding arbitrated under the alternate large and arbitrators. arbitrator will also have unlimited complex case rules. Under the After receiving the lists from the discretion to refer any such matter to the provision, the amount of any such parties the Director of Arbitration will full panel for consideration. Matters additional compensation also must be prepare two consolidated lists (one of which may be brought to the presiding public arbitrators and one of industry arbitrator for resolution include: 13 The NASD has indicated that it intends to identify arbitrators qualified to preside over such arbitrators) of the arbitrators by stipulations as to uncontested facts, cases on the basis of training, experience, varied combining the parties’ lists of exchanging and premarking exhibits to knowledge and expertise. Qualifications for acceptable arbitrators and consolidating be offered at the hearing, and the inclusion in the pool may be based on, among the rankings. Under the provision, this schedule, form, scope and use of sworn others, the following factors: (1) Attendance and successful completion of course(s) relating to large is accomplished by preparing a statements and depositions. In addition, and complex cases; (2) experience and regular combined list composed solely of those the presiding arbitrator may consider service as an arbitrator; (3) knowledge or expertise arbitrators acceptable to all parties and any other matter ripe for resolution at in the subject matter or technical aspects of the then adding the number rankings the prehearing stage, including dispute; (4) length of service as an Association arbitrator; and (5) professional and business assigned by each party together to encouraging medication or other non- expertise. achieve a consolidated rank. adjudicative resolution of the matter. 7244 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices F. Settlement of Eligible Matters relevant to the determination of the III. Comment Letters 14 Section 46(e) also provides for the matter, not for conducting discovery. The Lipner Letter states that there parties to give arbitrators information Further, interrogatories are limited to were both positive and negative aspects about their settlement efforts. The twenty questions, including parts and to the large and complex case rules, and provision states that if an eligible matter subparts. The pamphlet will highlight recommended certain changes to the is not settled prior to the first hearing these and other differences between rule change to enhance the equitable date, the parties must submit either a discovery under the large and complex nature of the arbitration process. joint statement or individual statements case rules and discovery under current NELA’s comments were limited to the to the arbitrators, setting out a record of provisions of the Code and will advise arbitration of employment disputes. the dates and duration of any parties that they may agree to modify NELA opposes the rule change in the discussions and the fact that the the discovery rules contained in Section context of employment disputes. As a discussions did not result in settlement, 46(f). general matter, NELA objects not only to but must not include any statement Finally, Section 46(f) authorizes the proposed rule change but to disclosing the dollar value of any arbitrators to conduct special mandatory arbitration of complex settlement offer or proposal discussed proceedings as necessary to resolve any employment.16 The NELA Letter states by the parties. The NASD indicated that such matters before them. Special that employment disputes typically turn this subsection is included because it proceedings may take any form on legal issues rather than factual might provide arbitrators with specified by the arbitrators, and may be issues. NELA believes that it is additional information concerning the conducted in person, via teleconference, inappropriate for a panel composed of a issues in dispute. The prohibition on written submissions alone, or by any majority of non-lawyers to decide these against disclosing dollar amounts other method. issues. Furthermore, the NELA Letter discussed is intended to avoid H. Form Award states that arbitration does not provide suggesting dollar values for any award the opportunity for the development of ultimately made by the arbitrators. Section 46(g) specifies that the award employment law. The Commission in an eligible proceeding shall be in the believes that, whatever the merit of G. Management of Proceedings form prescribed in Section 41 of the these arguments, they are not germane Section 46(f) sets out general and Code. Arbitrators may at their own to the instant rule change. specific powers granted to the initiative issue an award that is The NELA Letter also states that the arbitrators to enable them to manage the accompanied by a statement of reasons large and complex case rules ‘‘are proceedings. The arbitrators may, or basis of the award. Although not clearly designed to give the defendants without limitation, delegate their specifically addressed by Section 41, it all of the advantages of litigation in powers under subsection (f) to a single has been the position of the NASD that defending the cases while fatally arbitrator to be exercised either in the arbitrators are permitted under that disadvantaging the party with the preliminary hearing or at any other time Section to issue a statement of reasons burden of proof.’’ As noted above, prior to the hearing. The large and or basis for the award and arbitrators parties will be able to modify all complex case rules specifically permit have issued such statements in many provisions of Section 46 with an arbitrators to rule on dispositive cases. agreement under Section 46 (a))(2) and motions, such as motions to dismiss on In addition, the Section provides for (a)(3) (other than the mandatory any grounds, including the applicability arbitrators to issue a statement of administrative hearing), and if parties of a statute of limitations, or motions for reasons or basis of the award if the do not agree upon procedures to govern summary judgment on specific issues parties specifically so agree. the matter, than Section 46 will not such as liability or damages, or on the Accordingly, even in situations where govern the arbitration of the matter. The NELA Letter also objects to the whole matter. As noted above, the the arbitrators would not otherwise level of fees imposed upon large and pamphlet will highlight this provision issue a statement accompanying the complex cases. The NELA Letter states so that parties may determine whether award, the arbitrators would that the level of fees is exorbitant given they wish to utilize the large and nonetheless do so where all of the that the employee does not have the complex case rules or whether they parties have specifically agreed that a option of going to court. The wish to agree specifically to amend the statement of the reasons or basis of the Commission notes that Section 46(a)(4) panel’s ability to rule on dispositive award should accompany the award. grants the Director of Arbitration the motions. I. Sunset Provision A significant difference between the Section 46(h) of the proposed rule 16 The Commission approved a proposed rule large and complex case rules and the change to Sections 1, 8 and 9 of the Code in 1993 rules for other cases administered under change specifies that the large and that provides that disputes, claims, or controversies current Code provisions concerns the complex cases rules will remain in arising out of the employment or termination of effect for one year following the employment of an associated person are eligible for prehearing procedures, or ‘‘discovery’’ submission to arbitration. See Securities Exchange process. The large and complex case effective date, unless the Board of Act Release No. 32802 (Aug. 25, 1993), 58 FR 45932 rules rely to a significant extent on the Governors authorizes their modification (Aug. 31, 1993). That proposed rule change was parties to bargain for setting the scope or extension.15 prompted by two court decisions interpreting the Code so as not to cover employment disputes. The of discovery. Absent a specific California Court of Appeals held that Section 8 of agreement by the parties in the 14 By contrast, Section 32 of the Code provides the Code did not cover employment disputes, but agreement under Section 46 (a)(2) and that an arbitrator may ‘‘issue subpoenas, direct only covered disputes arising out of or in (a)(3) to proceed under these rules, appearances of witnesses and production of connection with business transactions. Higgins v. documents, set deadlines for compliance, and issue Superior Court of Los Angeles County, 1 Cal. Rptr. parties are to use the procedures in any other ruling which will expedite the arbitration 2d 57 (1992). The Seventh Circuit concluded that Section 46(f). These procedures differ proceedings.’’ NASD Manual, Code of Arbitration the NASD Code of Arbitration as then drafted, did from the present Code in that Procedure, Part III, Sec. 32 (CCH) ¶ 3732. not require the arbitration of employment disputes 15 depositions and interrogatories are Any such modification or extension must be between an NASD member and its associated filed as a proposed rule change with the person. Farrand v. Lutheran Brotherhood, 993 F.2d intended to be limited to determining Commission pursuant to section 19(b)(1) of the Act 1253 (7th Cir. 1993). NELA did not comment on and preserving testimony and facts and Rule 19b–4 thereunder. that proposed rule change. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7245 authority to waive forum fees and grants that the NASD determines to propose I. Self-Regulatory Organization’s the arbitrators the discretion to these rules for permanent inclusion in Statement of the Terms of Substance of apportion all fees and charges assessed the Code. The Commission also intends the Proposed Rule Change on the parties other than hearing session to monitor cases arbitrated under the deposits. large and complex case rules to The NYSE is proposing amendments The Lipner Letter objects to Section determine whether parties are being to its domestic listing standards. These listing standards are contained in 46(b)(8)(C), which provides that one disadvantaged by the limited scope of Paragraph 102.01 of the Exchange’s purpose of the administrative discovery. conference is to develop a statement of Listed Company Manual. The text of the the legal authorities related to the IV. Discussion and Findings proposed rule change is available at the matters in dispute to be brought to the Office of the Secretary, NYSE, and at the attention of the arbitrators. The Lipner The Commission finds that the Commission. Letter views this provision as proposed rule change is consistent with the provisions of Section 15A(b)(6) of II. Self-Regulatory Organization’s transforming the arbitration process into Statement of the Purpose of, and one that is more akin to litigation. The the Act 17 because it may encourage the arbitration of large and complex cases in Statutory Basis for, the Proposed Rule Commission believes that this provision Change recognizes that legal issues are argued a manner consistent with the objective routinely in arbitration and that this of a just, efficient and cost-effective In its filing with the Commission, the provision may assist parties in resolution of those cases, and will self-regulatory organization included formulating and assessing the strength provide parties with the flexibility to statements concerning the purpose of of their claims. It is a reasonable formulate their own procedures. The and basis for the proposed rule change approach for the NASD to adopt. flexibility will serve the public interest and discussed any comments it received Both the NELA Letter and the Lipner by permitting parties to tailor arbitration on the proposed rule change. The text Letter object to Section 46(f)(3), which proceedings in a manner which of these statements may be examined at permits arbitrators to rule on dispositive enhances their ability to pursue their the places specified in Item IV below. motions, such as motions to dismiss on claims. The self-regulatory organization has any grounds, including the applicability prepared summaries, set forth in of a statute of limitations, or motions for It is therefore ordered, pursuant to section 19(b)(2) of the Act, the File No. Sections A, B, and C below, of the most summary judgment. Both commenters significant aspects of such statements. argue that permitting such motions and SR–NASD–94–10 be, and hereby is the attendant legal briefing is approved for a one year period A. Self-Regulatory Organization’s inconsistent with the nature of the beginning May 2, 1995. Statement of the Purpose of, and arbitration process. The Commission For the Commission, by the Division of Statutory Basis for, the Proposed Rule believes that parties should be cognizant Market Regulation, pursuant to delegated Change of this feature of the large and complex authority, 17 CFR 200.30–3(a)(12). 1. Purpose case rules before they agree to arbitrate Margaret H. McFarland, pursuant to the large and complex case The purpose of the proposed rule Deputy Secretary. rules. The Commission believes that the change is to create alternatives for two pamphlet will alert parties to this [FR Doc. 95–2972 Filed 2–6–95; 8:45 am] existing Exchange listing standards and provision. As noted above, parties will BILLING CODE 8010±01±M to amend two additional standards. be able to modify this provision under According to the Exchange, the NYSE an agreement under Section 46 (a)(2) already has, and intends to maintain, and (a)(3), and, if no agreement is [Release No. 34±35301; File No. SR±NYSE± the highest listing requirements among reached, then the large and complex 95±01] U.S. markets. Current listing arbitration rules will not govern the requirements measure, among other arbitration of the matter. Self-Regulatory Organizations; Notice things, demonstrated earning power and The NELA Letter objects to Section of Filing of Proposed Rule Change by shareholder distribution, as well as 46(f)(2), which limits depositions and New York Stock Exchange, Inc., tangible net worth and market interrogatories to determining and Relating to Domestic Listing Standards capitalization of publicly-held shares. preserving testimony and facts relevant The rule change would provide to the determination of the matter, January 31, 1995. alternatives to the existing demonstrated rather than for conducting discovery. Pursuant to Section 19(b)(1) of the earning power and shareholder NELA believes that not permitting Securities Exchange Act of 1934 distribution tests. In addition, the depositions for discovery is a significant (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is proposal would increase the existing disadvantage to employees and causes hereby given that on January 18, 1995, requirements for tangible net worth and the arbitration process to be skewed in public market capitalization. favor of employers. The Commission is the New York Stock Exchange, Inc. not unmindful of the concerns (‘‘NYSE’’ or ‘‘Exchange’’) filed with the Demonstrated Earning Power expressed by NELA. However, the Securities and Exchange Commission Commission believes that parties may (‘‘Commission’’ or ‘‘SEC’’) the proposed Under the Exchange’s demonstrated either modify these procedures through rule change as described in Items I, II earning power standard, the existing the agreement reached under Section 46 and III below, which Items have been requirement calls for: (a)(2) and (a)(3) to permit depositions prepared by the self-regulatory for purposes of discovery, or failing organization. The Commission is Demonstrated earning power—income before fed- agreement, may arbitrate in accordance publishing this notice to solicit comments on the proposed rule change eral income taxes and under with the rules governing arbitration competitive conditions: elsewhere in the Code. Moreover, from interested persons. Latest fiscal year ...... $2,500,000 experience with this provision of the Each of the preceding two pilot rules can be evaluated in the event 17 U.S.C. 78o–3. fiscal years ...... $2,000,000 7246 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices or The proposed rule change would add III. Date of Effectiveness of the Demonstrated earning a distribution standard for companies Proposed Rule Change and Timing for power—income before fed- whose shares are very actively traded as Commission Action eral income taxes and under competitive conditions: an alternative to the existing shareholder distribution tests. Under the Within 35 days of the publication of Aggregate for last three fis- this notice in the Federal Register or cal years together with ..... $6,500,000 new alternative standard, a company A minimum in most recent with average monthly share trading within such other period (i) as the fiscal year (All three years volume of 1 million shares (for the most Commission may designate up to 90 must be profitable) ...... $4,500,000 recent 12 months) could qualify for days of such date if it finds such longer The NYSE believes that there are listing with 500 total shareholders. The period to be appropriate and publishes substantial companies, in some cases Exchange believes that a company with its reasons for so finding or (ii) as to multi-billion dollar enterprises, that do this demonstrated level of trading which the self-regulatory organization not manage their business on the basis activity would be appropriate for consents, the Commission will: of reported income. In order to provide trading in the Exchange’s agency- (A) by order approve the proposed an opportunity for these companies to auction market as long as there are at rule change, or list, the Exchange is proposing an least 500 shareholders. (B) institute proceedings to determine alternate demonstrated earning power whether the proposed rule change test for companies with a market Market Value and Net Tangible Assets should be disapproved. capitalization of not less than $500 In addition to the two alternate million and revenues of not less than IV. Solicitation of Comments $200 million in the most recent fiscal standards proposed above, the Exchange year. These companies would be in a is proposing to increase the existing Interested persons are invited to position to qualify for listing under an requirements for both aggregate market submit written data, views and alternate listing standard based on net value of publicly-held shares and net arguments concerning the foregoing. income adjusted for the cash effects of tangible assets from the current $18 Persons making written submissions investing or financing cash flows. million to $40 million. These should file six copies thereof with the The proposed standard would call for requirements previously were adjusted Secretary, Securities and Exchange aggregate adjusted net income of not in 1984. The NYSE views the increase Commission, 450 Fifth Street, NW., less than $25 million for the last three in these standards as appropriately Washington, DC 20549. Copies of the years, with each year showing a positive reflecting the attributes of the kinds of submission, all subsequent amount. Reported net income (before companies that the Exchange wants to amendments, all written statements preferred dividends) would be adjusted, attract, and expects that such standards with respect to the proposed rule under the new standard, to remove the would help to maintain the quality of change that are filed with the effects of all items whose cash effects the NYSE list. Commission, and all written are ‘‘investing’’ or ‘‘financing’’ cash 2. Statutory Basis communications relating to the flows as determined pursuant to proposed rule change between the Paragraph 28(b) of the Financial The basis under the Act for this Commission and any person, other than Accounting Standards Board’s proposed rule change is the requirement those that may be withheld from the Statement of Financial Accounting under Section 6(b)(5) that an exchange Standards No. 95, ‘‘Statement of Cash public in accordance with the Flows’’ (depreciation, amortization of have rules that are designed to prevent provisions of 5 U.S.C. 552, will be good will and gains or losses on sales of fraudulent and manipulative acts and available for inspection and copying at property, plant and equipment are practices, to promote just and equitable the Commission’s Public Reference examples of such items). The principles of trade, to remove Section, 450 Fifth Street, NW., adjustment to net income with respect impediments to and perfect the Washington, DC 20549. Copies of such to the cash effects of (1) discontinued mechanism of a free and open market filing will also be available for operations, (2) the cumulative effect of and a national market system and, in inspection and copying at the principal an accounting change, (3) an general, to protect investors and the office of the NYSE. All submissions extraordinary item or (4) the gain or loss public interest. should refer to File No. SR–NYSE 95– on extinguishment of debt would be 01 and should be submitted by February B. Self-Regulatory Organization’s limited to the amount charged or 28, 1995. Statement on Burden on Competition credited in determining net income for For the Commission, by the Division of the period. The proposed rule change does not Market Regulation, pursuant to delegated Shareholder Distribution impose any burden on competition that authority. is not necessary or appropriate in The Exchange’s current shareholder Margaret H. McFarland, furtherance of the purposes of the Act. distribution requirement calls for a Deputy Secretary. minimum of: C. Self-Regulatory Organization’s [FR Doc. 95–2906 Filed 2–6–95; 8:45 am] Statement on Comments on the BILLING CODE 8010±01±M Number of holders of 100 Proposed Rule Change Received From shares or more or of a unit Members, Participants or Others of trading if less than 100 shares ...... 2,000 The Exchange has not solicited, and or does not intend to solicit, comments on Total stockholders together with ...... 2,200 the proposed rule change. The Exchange Average monthly trading vol- has not received any unsolicited written ume (For most recent six comments from members or other months) ...... 100,000 interested parties. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7247 [Release No. 34±35309; File No. SR±NYSE± on the proposed rule change. The text more time to consider the Exchange’s 95±02] of these statements may be examined at request to make the amendments to Rule the places specified in Item III below. 116.30 permanent. At the request of Self-Regulatory Organizations; Notice The self-regulatory organization has Commission staff, the Exchange again of Filing and Order Granting prepared summaries, set forth in filed for an extension of the rule’s Accelerated Approval To Proposed Sections A, B, and C below, of the most provisions, this time until March 21, Rule Change by New York Stock significant aspects of such statements. 1995.4 In its approval order, the Exchange, Inc. Relating to an Commission asked the Exchange to Extension of its Pilot Program for A. Self-Regulatory Organization’s submit a fourth monitoring report on the Stopping Stock Under Amendments to Statement of the Purpose of, and Rule 116.30 Statutory Basis for, the Proposed Rule stopping stock pilot and to submit a Change proposed rule change regarding Rule January 31, 1995. 116.30 by December 31, 1984. The Pursuant to Section 19(b)(1) of the 1. Purpose monitoring report has been submitted to Securities Exchange Act of 1934 The purpose of the proposed rule the Commission under separate cover. (‘‘Act’’), 15 U.S.C. § 7s(b)(1), notice is change is to extend the effectiveness of The Commission has asked the hereby given that on January 18, 1995, amendments to Exchange Rule 116.30, Exchange to file for a four month the New York Stock Exchange, Inc. which permit a specialist to grant a stop extension of the amendments to Rule (‘‘NYSE’’ or ‘‘Exchange’’) filed with the in a minimum variation market. The 116.30 so that the Commission may Securities and Exchange Commission practice of ‘‘stopping’’ stock by evaluate the fourth monitoring report (‘‘Commission’’ or ‘‘SEC’’) the proposed specialists on the Exchange refers to a prior to determining if it will grant rule change as described in Items I and guarantee by the specialist that an order permanent approval to the amendments. II below, which Items have been the specialist receives will be executed The Exchange believes that the results prepared by the self-regulatory at no worse a price than the contra-side obtained by its monitoring effort during organizations. The Commission is price in the market when the specialist the pilot period show that the publishing this notice to solicit receives the order, with the amendments to Rule 116.30 enable comments on the proposed rule change understanding that the order may in fact specialists to better serve investors from interested persons. receive a better price. through the ability to offer price Formerly, Exchange Rule 116.30 I. Self-Regulatory Organization’s improvement to stopped orders, while permitted a specialist to stop stock only Statement of the Terms of Substance of having relatively little adverse impact when the quotation spread was at least the Proposed Rule Change on other orders on the book. twice the minimum variation (i.e., for 2. Statutory Basis The proposed rule change consists of most stock, at least a 1⁄4 point), with the a request to extend amendments to Rule specialist then being required to narrow The basis under the Act for the 116.30, with respect to the ability of the quotation spread by making a bid or proposed rule change is the requirement specialists to stop stock in minimum offer, as appropriate, on behalf of the under Section 6(b)(5) that an Exchange variation markets, for four months until order that is being stopped. have rules that are designed to promote July 21, 1995.1 The text of the proposed For three years, on March 21, 1991, just and equitable principles of trade, to rule change is available at the Office of March 16, 1992, and March 22, 1993, remove impediments to, and perfect the the Secretary, NYSE, and at the the Commission approved, on a one- mechanism of, a free and open market Commission. year pilot basis each time, amendments and, in general, to protect investors and II. Self-Regulatory Organization’s to the rule which permit a specialist to the public interest. The amendments to Statement of the Purpose of, and stop stock in a minimum variation Rule 116.30 are consistent with these 1 Statutory Basis for, the Proposed Rule market (generally referred to as an ‘‘ ⁄8th objectives in that they permit the 2 Change point market’’). The Exchange sought Exchange to better serve its customers these amendments on the grounds that by enabling specialists to execute In its filing with the Commission, the many orders would receive an improved customer orders at improved prices. self-regulatory organization included price if stopping stock in 1⁄8th point statements concerning the purpose of markets were permitted. The B. Self-Regulatory Organization’s and basis for the proposed rule change amendments to Rule 116.30 permit a Statement on Burden on Competition and discussed any comments it received specialist, upon request, to stop The Exchange does not believe that individual orders of 2,000 shares or less, the proposed rule change will impose 1 The NYSE received approval to amend Rule up to an aggregate of 5,000 shares when any burden on competition that is not 116.30, on a pilot basis, in Securities Exchange Act 1 Release No. 28999 (March 21, 1991), 56 FR 12964 multiple orders are stopped in an ⁄8th necessary or appropriate in furtherance (March 28, 1991) (File No. SR–NYSE–90–48) (‘‘1991 point market. A specialist may stop an of the purposes of the Act. Approval Order’’). The Commission subsequently order pursuant to a specified larger C. Self-Regulatory Organization’s extended the NYSE’s pilot program in Securities order size threshold, or a specified Statement on Comments on the Exchange Act Release Nos. 30482 (March 16, 1992), larger aggregate share threshold, after 57 FR 10198 (March 24, 1992) (File No. SR–NYSE– Proposed Rule Change Received From obtaining Floor Official approval. 92–02) (‘‘1992 Approval Order’’); 32031 (March 22, Members, Participants or Others 1993), 58 FR 16563 (March 29, 1993) (File No. SR– On February 12, 1992, the Exchange NYSE–93–18) (‘‘1993 Approval Order’’); and 33792 requested that the Commission grant The Exchange has neither solicited (March 21, 1994), 59 FR 14437 (March 28, 1994) permanent approval to the amendments nor received written comments on the (File No. SR–NYSE–94–06) (‘‘1994 Approval 3 Order’’). Commission approval of these to Rule 116.30. At that time, the proposed rule change. amendments to Rule 116.30 expires on March 21, Commission staff requested that the III. Solicitation of Comments 1995. The Exchange seeks accelerated approval of Exchange extend the pilot for an the proposed rule change in order to allow the pilot additional year to allow the Commission Interested persons are invited to program to continue without interruption. See letter submit written data, views and from James E. Buck, Senior Vice President and Corporate Secretary, NYSE, to Glen Barrentine, 2 See 1991, 1992 and 1993 Approval Orders, arguments concerning the foregoing. Senior Counsel, Division of Market Regulation, supra, note 1. SEC, dated January 31, 1995. 3 See File No. SR–NYSE–93–11. 4 See 1994 Approval Order, supra, note 1. 7248 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Persons making written submissions any quote size imbalance, and an given the depth of the opposite side of should file six copies thereof with the analysis of the ratio of the size of the bid the market, orders affected by the Rule Secretary, Securities and Exchange to the size of the offer; (3) whether limit 116.30 pilot tend to be relatively Commission, 450 Fifth Street, N.W., orders on the specialist’s book were small.10 For a substantial majority of Washington, D.C. 20549. Copies of the bypassed due to the execution of stops granted, the size of the stopped submission, all subsequent stopped orders at a better price (and, to order was less than, or equal to, 25% of amendments, all written statements this end, the Commission requested that the size of the opposite side quote. with respect to the proposed rule the NYSE conduct a one-day review of In the Commission’s opinion, the change that are filed with the all book orders in three of the ten stocks NYSE data generally supports its Commission, and all written receiving the greatest number of stops); conclusion that the imbalances on the communications relating to the and (4) specialist compliance with the opposite side of the market from the proposed rule change between the pilot program’s procedures. stopped orders were of sufficient size to Commission and any person, other than The Exchange has submitted to the suggest the likelihood of price those that may be withheld from the Commission four monitoring reports improvement to customers.11 The public in accordance with the regarding the amendments to Rule Commission continues to believe that provisions of 5 U.S.C. § 552, will be 116.30. The Commission believes that, the requirement of a sufficient market available for inspection and copying at although these monitoring reports imbalance is a critical aspect of the pilot the Commission’s Public Reference provide certain useful information program.12 When properly applied, Section, 450 Fifth Street, N.W., concerning the operation of the pilot such a requirement should help the Washington, D.C. 20549. Copies of such program, the Commission must conduct NYSE ensure that stops are only granted filing will also be available for further analysis of the NYSE data and, in a minimum variation market when inspection and copying at the principal in particular, of Rule 116.30’s impact on the benefit (i.e., price improvement) to office of the NYSE. All submissions limit orders on the specialist’s book orders being stopped far exceeds the should refer to File No. SR–NYSE–95– before it can consider permanent potential for harm to orders on the 02 and should be submitted by February approval thereof. To allow the specialist’s book.13 28, 1995. Commission fairly and comprehensively Third, the NYSE states that the to evaluate the NYSE’s use of its pilot amendments to Rule 116.30 have IV. Commission’s Findings and Order procedures, without compromising the relatively little adverse impact on other Granting Accelerated Approval of benefit that investors might receive orders on the specialist’s book.14 This Proposed Rule Change under Rule 116.30, as amended, the The Commission finds that the Commission believes that it is bid side. Accordingly, the NYSE states that it might proposed rule change is consistent with reasonable to extend the pilot program be appropriate to stop a market order to buy, since the delay might allow the specialist to execute the the requirements of the Act and the until July 21, 1995. buyer’s order at a lower price. After granting such rules and regulations thereunder First, the NYSE’s latest monitoring a stop, the specialist would be required to increase applicable to a national securities report indicates that approximately half his quote by the size of the stopped buy order, exchange and, in particular, with of eligible orders (i.e., orders for 200 thereby adding depth to the bid side of the market. 10 5 6 shares of less) stopped in minimum A relatively large order might begin to Section 6(b)(5) and Section 11(b) of counteract the pressure the imbalance on the the Act. The Commission believes that variation markets received price opposite side of the market is putting on the stock’s the amendments to Rule 116.30 should improvement. The Commission, price. Accordingly, it might not be as appropriate further the objectives of Section 6(b)(5) therefore, believes that the pilot to stop such an order. and Section 11(b) through pilot program procedures provide a benefit to certain 11 The NYSE has stated, both to the Commission and to its members, the specialists should only stop procedures designed to allow stops, in investors by offering the possibility of stock in a minimum variation market when an minimum variation markets, under price improvement to customers whose imbalance exists on the opposite side of the market limited circumstances that provide the orders are granted stops in minimum and such imbalance is of sufficient size to suggest possibility of price improvement to variation markets. According to the the likelihood of price improvement. See, e.g., letter from James E. Buck, Senior Vice President and customers whose orders are granted NYSE report, moreover, virtually all Secretary, NYSE, to Mary N. Revell, Branch Chief, stops.7 stopped orders were for 2,000 shares of Division of Market Regulation, SEC, dated In its orders approving the pilot less. In this respect, the amendments to December 27, 1990; NYSE information memo procedures,8 the Commission asked the Rule 116.30 should mainly affect small #1809, dated September 12, 1991. NYSE to study the effects of stopping public customer orders, which the 12 For a discussion of the relationship between quote size imbalance and the likelihood of price stock in a minimum variation market. Commission envisioned could most improvement, see supra, note 9. Specifically, the Commission requested benefit from professional handling by In extending a comparable pilot program by the information on (1) the percentage of the specialist. American stock Exchange, the Commission placed stopped orders executed at the stop Second, in terms of market depth, the similar emphasis on the critical nature of the NYSE’s monitoring report suggests that sufficient size standard when stopping stock in price, versus the percentage of such minimum variation markets. See Securities orders that received a better price; (2) stock tends to be stopped in minimum Exchange Act Release No. 33791 (March 21, 1994), market depth, including a comparison variation markets where there is a 59 FR 14432 (March 28, 1994) (File No. SR–Amex– of the size of stopped orders to the size significant disparity (in both absolute 93–47). of the opposite side of the quote and to and relative terms) between the number 13 See infra, text accompanying notes 14–15. 14 of shares bid for and the number When stock is stopped, book orders on the opposite side of the market that are entitled to 9 5 15 U.S.C. 78f (1988). offered. That report also suggests that, immediate execution lose their priority. If the 6 15 U.S.C. 78k (1988). stopped order then receives an improved price, 7 For a description of NYSE procedures for 9 As part of its initial proposed rule change, the limit orders at the stop price are bypassed and, if stopping stock in minimum variation markets, and NYSE provided the following example illustrating the market turns away from that limit, may never of the Commission’s rationale for approving those the relationship between quote size imbalance and be executed. procedures on a pilot basis, see 1991 Approval the likelihood of price improvement: Assume that As for book orders on the same side of the market Order, supra, note 1. The discussion in the the market for a given stock is quoted 30 to 301⁄8, as the stopped stock, the Commission believes that aforementioned order is incorporated by reference with 1,000 shares bid for and 20,000 shares offered. Rule 116.30’s requirements make it unlikely that into this order. The large imbalance on the offer side of the market these limit orders would not be executed. Under the 8 See supra, note 1. suggests that subsequent transactions will be on the NYSE pilot program, an order can be stopped only Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7249 conclusion is based, in large part, on the information where appropriate. I. Self-Regulatory Organization’s Exchange’s one-day review of limit Moreover, if the Exchange determines to Statement of the Terms of Substance of orders against which orders were request permanent approval of the pilot the Proposed Rule Change stopped pursuant to this pilot program. program or an extension thereof beyond PCC proposes to correct certain As part of this review, which focused on July 21, 1995, the NYSE should submit typographical errors in its rules and to three of the ten stocks receiving the to the Commission a proposed rule clarify certain provisions regarding post greatest number of stops, the NYSE change by April 1, 1995. capital in its standard participant determined how often such book orders The Commission finds good cause for agreement and clearing fund agreement. were executed at their limit price by the approving the proposed rule change close of the day’s trading. In addition to II. Self-Regulatory Organization’s aggregated data, the Exchange provided prior to the thirtieth day after the date Statement of the Purpose of, and a detailed breakdown of the disposition of publication of the notice of filing Statutory Basis for, the Proposed Rule of each order. thereof. This will permit the pilot Change program to continue on an The Commission has historically been In its filing with the Commission, PCC concerned that book orders get bypassed uninterrupted basis. In addition, the procedures the Exchange proposes to included statements concerning the when stock is stopped, especially in a purpose of and basis for the proposed 15 continue using are the identical minimum variation market. Based on rule change. The text of these statements procedures that were published in the the NYSE’s prior experience, the may be examined at the places specified Federal Register for the full comment Commission did not have sufficient in Item IV below. PCC has prepared grounds to conclude that this long- period and were approved by the 16 summaries, set forth in sections A, B, standing concern had been alleviated. Commission. and C below, of the most significant The Commission acknowledges, It is therefore ordered, pursuant to aspects of such statements. however, that the fourth monitoring Section 19(b)(2) of the Act,17 that the report proves new information on this proposed rule change (SR–NYSE–95– A. Self-Regulatory Organization’s Statement of the Purpose of, and aspect of the pilot program. As a result, 02) is approved for a four month period Statutory Basis for, the Proposed Rule the Commission finds that additional ending on July 21, 1995. time is necessary for the Commission to Change For the Commission, by the Division of review such information and to ensure The primary purpose of PCC’s Market Regulation, pursuant to delegated that Rule 116.30, as amended, does not proposed rule change is to correct authority.18 harm public customers with limit orders typographical errors to certain on the specialist’s book. Margaret H. McFarland, provisions of PCC’s rules and to clarify Finally, the NYSE report describes its Deputy Secretary. certain provisions of its standard compliance efforts (e.g., automated [FR Doc. 95–2902 Filed 2–6–95; 8:45 am] participant agreement and clearing fund surveillance, review of Floor Official BILLING CODE 8010±01±M agreement relating to specialist post records, information memos, continuing capital. education). The Commission believes Specifically, PCC proposes to correct that these programs provide specialists [Release No. 34±35313; File No. SR±PCC± typographical errors to the Table of with adequate notice of their 94±01] Contents; PCC Rule 1.2(f), defining the responsibilities. Similarly, the Exchange term ‘‘long position’’; PCC Rules 2.1(c) has sufficient means to determine Self-Regulatory Organizations; Pacific and 2.1(d), addressing membership whether a specialist complied with the Clearing Corporation; Notice of Filing qualifications and approval; and PCC amendments’ order size and aggregate of a Proposed Rule Change Amending Rule 9.3(c)(iii) addressing specialist post share thresholds and, if not, whether Certain Provisions of the PCC's Rules, termination procedures. In addition, Floor Official approval was obtained for Participant Agreement, and Clearing PCC proposes to amend PCC Rule 5.2 to larger parameters. The Commission Fund Agreement clarify that any reductions to excess would expect the NYSE to take post capital or a member’s clearing fund appropriate action in response to any February 1, 1995. deposit cannot be made for amounts instance of specialist non-compliance that would reduce the member’s post Pursuant to Section 19(b)(1) of the with the pilot procedures. In capital or clearing fund deposit below Securities Exchange Act of 1934 considering permanent approval of the the minimum requirement. (‘‘Act’’),1 notice is hereby given that on amendments to Rule 116.30, the With respect to the participant Commission would place great, weight November 28, 1994, the Pacific Clearing agreement, PCC proposes to amend on the Exchange’s record in compliance Corporation (‘‘PCC’’) filed with the certain paragraphs relating to post matters. Securities and Exchange Commission capital. Paragraph 3.1(e)(iii) will be During the pilot extension, the (‘‘Commission’’) the proposed rule amended to clarify that it refers to the Commission requests that the Exchange change as described in Items I, II, and monitoring of post capital rather than continue to monitor the effects of III below, which Items have been net capital as it currently states. stopping stock in a minimum variation prepared primarily by PCC. The Paragraph 4.5 of the participant market and to provide additional Commission is publishing this notice to agreement will be amended so that post solicit comments on the proposed rule capital is distinguished from net capital. if a substantial imbalance exists on the opposite change from interested persons. Net capital, which is specified by PSE side of the market. See supra, notes 9–13 and accompanying text. In those circumstances, the Rule 2.1 and Rule 15c3–1 of the Act, stock would probably trade away from the large 16 No comments were received in connection with remains constant for a firm regardless of imbalance, resulting in execution of orders on the the proposed rule change which implemented these the number of specialist posts it book. procedures. See 1991 Approval Order, supra, note operates. In contrast, post capital varies 15 See, e.g., SEC. Report of the Special Study of 1. 17 because it represents the amount of the Securities Markets of the Securities and 15 U.S.C. 78s(b)(2) (1988). Exchange Commission, H.R. Doc. No. 95, 88th 18 17 CFR 200.30–3(a)(12) (1991). capital required to be maintained by a Cong., 1st Sess. Pt. 2 (1963). 1 15 U.S.C. 78s(b)(1) (1988). firm based on the number of specialists 7250 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices posts it operates. Paragraph 4.9 of the (B) Institute proceedings to determine in participants’ mandatory deposits to participant agreement is to be modified whether the proposed rule change the participants fund. On December 16, to clarify that reductions to excess post should be disapproved. 1994, PTC filed Amendment No. 1 to capital and to the clearing fund deposit the proposed rule change.2 On January IV. Solicitation of Comments cannot be made in amounts that would 5, 1995, PTC filed Amendment No. 2 to reduce these sums below their Interested persons are invited to the proposed rule change.3 The respective minimum requirements. submit written data, views, and Commission published notice of the Paragraph 4.9 of the participant arguments concerning the foregoing. proposed rule change in the Federal agreement also is being modified to Persons making written submissions Register on January 9, 1995.4 No clarify that losses on a trial balance are should file six copies thereof with the comments were received. For the due on the fifteenth day of the month Secretary, Securities and Exchange reasons discussed below, the following the month for which the trial Commission, 450 Fifth Street, N.W., Commission is approving the proposed balance was issued. Washington, D.C. 20549. Copies of the rule change on an accelerated basis. submission, all subsequent Similarly, with regard to the clearing I. Description fund agreement, PCC proposes to clarify amendments, all written statements that the minimum contribution, as with respect to the proposed rule Pursuant to Rule 2 of Article V of defined in paragraph 5 of the clearing change that are filed with the PTC’s rules, PTC maintains a fund agreement, made by a member firm Commission, and all written participants fund to secure obligations backing a specialist post will be applied communications relating to the of participants and limited purpose towards meeting the post capital proposed rule change between the participants to PTC and to provide PTC requirement. Currently, the clearing Commission and any person, other than with an additional source of cash fund agreement states that contributions those that may be withheld from the collateral to meet its temporary are to be credited towards the net public in accordance with the financing needs. Each participant is capital requirement. provisions of 5 U.S.C. 552, will be required to maintain a mandatory PCC believes that the proposed rule available for inspection and copying in deposit in the participants fund which change is consistent with the the Commission’s Public Reference is calculated as a percentage of its requirements of Section 17A of the Act Section, 450 Fifth Street, N.W., average gross debits over the previous and the rules and regulations Washington, D.C. 20549. Copies of such month’s three major settlement days. thereunder applicable to PCC. The filing will also be available for The mandatory deposit is subject to a technical corrections to PCC’s rules will inspection and copying at the principal minimum of $1 million and a maximum clarify PCC’s rules thereby advancing office of PCC. All submissions should of $10 million. A limited purpose the prompt and accurate clearance and refer to File No. SR–PCC–94–01 and participant is required to maintain a settlement securities transactions. In should be submitted by February 28, lower mandatory deposit because of the addition, the clarifications regarding 1995. limited nature of its activity in the specialist post capital and net capital For the Commission by the Division of depository. At least $150 thousand of will assist PCC in safeguarding the Market Regulation, pursuant to delegated the mandatory deposit must be made in securities and funds which are in PCC’s authority.2 cash. The remainder may be made in custody or control or for which PCC is Margaret H. McFarland, cash or United States Treasury responsible. Deputy Secretary. obligations with a remaining maturity of one year or less. B. Self-Regulatory Organization’s [FR Doc. 95–2973 Filed 2–6–95; 8:45 am] Statement on Burden on Competition BILLING CODE 8010±01±M The adequacy of each participant’s mandatory deposit is evaluated monthly PCC believes that no burden will be based on the prior month’s activity. placed on competition as a result of the [Release No. 34±35299; File No. SR±PTC± 95±07] Participants are notified of any shortfall proposed rule change. and required to fund the deficiency C. Self-Regulatory Organization’s Self-Regulatory Organizations; within five business days. The securities Statement on Comments on the Participants Trust Company; Order portion of the mandatory deposit is Proposed Rule Change Received From Approving on an Accelerated Basis a marked-to-market weekly, and Members, Participants, or Others Proposed Rule Change Establishing a participants are required to fund any Daily Penalty Fee Applicable to Late deficiency in this portion within two Statements were neither solicited nor Funding of Shortfalls in Participants' business days. received. Mandatory Deposits to the Participants III. Date of Effectiveness of the Fund 2 Amendment No. 1 modified the filing by Proposed Rule Change and Timing for providing that it be considered pursuant to Section Commission Action January 31, 1995. 19(b)(2) of the Act rather than pursuant to Section On December 14, 1994, the 19(b)(3)(A) of the Act and by eliminating text Within thirty-five days of the date of inadvertently placed in the proposed rule change as Participants Trust Company (‘‘PTC’’) originally filed. Letter from Carol A. Jameson, publication of this notice in the Federal filed with the Securities and Exchange Assistant Vice President and Assistant Counsel, Register or within such longer period (i) Commission (‘‘Commission’’) a PTC, to Jonathan G. Katz, Secretary, Commission as the Commission may designate up to proposed rule change (File No. SR– (December 15, 1994.) ninety days of such date if it finds such 3 Amendment No. 2 modified the filing by PTC–94–07) pursuant to Section requesting accelerated approval of the proposed longer period to be appropriate and 19(b)(1) of the Securities Exchange Act rule change and by clarifying the right of a publishes its reasons for so finding or of 1934 (‘‘Act’’).1 The proposed rule participant to appeal the imposition of the penalty (ii) as to which the self-regulatory change establishes a daily penalty fee fee pursuant to PTC’s rules. Letter from Carol A. organization consents, the Commission Jameson, Assistant Vice President and Assistant applicable to late funding of shortfalls Counsel, PTC, to Jonathan G. Katz, Secretary, will: Commission (January 3, 1995). (A) By order approve the proposed 2 17 CFR 200.30–3(a)(12) (1994). 4 Securities Exchange Act Release No. 35182 rule change or 1 15 U.S.C. 78s(b)(1) (1988). (December 30, 1994), 60 FR 2416. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7251 Pursuant to Rule 3 of Article VI of of Directors also may reduce or remit a comments on the proposed rule change PTC’s rules, the proposed rule change fine imposed by the President or a Vice from interested persons. establishes a daily penalty fee for a President regardless of whether an I. Self-Regulatory Organization’s participant’s failure to fund a shortfall appeal is made.8 The Commission Statement of the Terms of Substance of in its mandatory deposit to the believes that PTC’s appeal process will the Proposed Rule Change participants fund by the required date. provide participants with a fair The daily penalty fee is the greater of (i) opportunity to be heard. The PHLX proposes to amend its rules $200 or (ii) an amount calculated at an PTC has requested that the to establish a one year pilot program annual rate equal to the daily average Commission find good cause for allowing the Exchange to list and trade Fed Funds rate plus 250 basis points approving the proposed rule change municipal securities. Specifically, the (2.5%) on the outstanding balance of the prior to the thirthieth day after the date PHLX proposes to (1) amend PHLX shortfall in the mandatory deposit to the of publication of notice of filing. In Rules 132, ‘‘Dealings Outside the participants fund. order to assure that PTC can implement Exchange in Securities Dealt in on the the penalty fee beginning February 1, Exchange,’’ 501, ‘‘Specialist II. Discussion 1995, it is necessary that PTC receive Appointment,’’ 803, ‘‘Criteria for The Commission believes that the the appropriate approval in advance of Listing—Tier I,’’ and 810, ‘‘Suspension proposed rule change is consistent with that date. The Commission, therefore, and Delisting Policies Based on Section 17A of the Act5 and in finds sufficient cause to accelerate Exchange Findings;’’ and (2) add PHLX particular with Section 17A(b)(3)(G) of approval of this proposal. Rule 309, ‘‘Municipal Securities,’’ to the Act.6 Section 17A(b)(3)(G) requires, provide requirements for trading, among other things, that the rules of a III. Conclusion comparison, settlement, clearing and clearing agency provide that its On the basis of the foregoing, the listing and delisting of municipal participants be appropriately Commission finds that the proposed securities. disciplined for violation of any rule change is consistent with the Act, provision of the clearing agency’s rules in particular with Section 17A of the II. Self-Regulatory Organization’s by fine or any other fitting sanction. The Act, and with the rules and regulations Statement of the Purpose of, and Commission believes that PTC’s thereunder. Statutory Basis for, the Proposed Rule proposal to establish a daily penalty fee It is therefore ordered, pursuant to Change applicable to a participant’s failure to Section 19(b)(2) of the Act,9 that the In its filing with the Commission, the fund on a timely basis a shortfall in its proposed rule change (File No. SR– Exchange included statements mandatory deposit to the participants PTC–94–07) be and hereby is approved concerning the purpose of and basis for fund is consistent with this obligation. on an accelerated basis. the proposed rule change and discussed Because PTC maintains the For the Commission by the Division of any comments it received on the participants fund to secret the Market Regulation, pursuant to delegated 10 proposed rule change. The text of these obligations of participants and limited authority. statements may be examined at the purpose participants to PTC, and other Margaret H. McFarland, places specified in Item IV below. The participants, late funding of a deficiency Deputy Secretary. self-regulatory organization has in a participant’s mandatory deposit to [FR Doc. 95–2904 Filed 2–6–95; 8:45 am] prepared summaries, set forth in the participants fund increases the risk BILLING CODE 8010±01±M Sections (A), (B) and (C) below, of the of loss of PTC and its participants. In most significant aspects of such addition, late funding of a deficiency in [Release No. 34±35308; File No. SR±PHLX± statements. a participant’s mandatory deposit to the 94±69] participants fund reduces an additional A. Self-Regulatory Organization’s Statement of the Purpose of, and source of cash collateral which is Self-Regulatory Organizations; Notice Statutory Basis for, the Proposed Rule available to PTC to meet temporary of Filing of Proposed Rule Change by Change financing needs such as the payment of the Philadelphia Stock Exchange, Inc. principal and interest. For these Relating to a One Year Pilot Program The purpose of the proposed rule reasons, the Commission believes it is for the Trading, Comparison, Clearing, change is to amend PHLX Rules 132, important that participants make timely Settling, Listing, and Delisting of 501, 803 and 810 and to add PHLX Rule funding of shortfalls and that the Municipal Securities 309 to initiate a one year pilot program proposed penalty fee will encourage for trading, comparison, clearance, such funding. January 31, 1995. settlement and listing and delisting of In the event that a participant is Pursuant to Section 19(b)(1) of the municipal securities. Under proposed assessed a penalty, PTC’s rules, Securities Exchange Act of 1934 PHLX Rule 803(c)(5), a municipal issuer consistent with Section 17A(b)(3)(H),7 (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is may list municipal securities having an provide participants with an hereby given that on December 20, 1994, aggregate market value and principal opportunity to appeal the assessment of the Philadelphia Stock Exchange, Inc. amount of at least twenty million the penalty and to explain any (‘‘PHLX’’ or Exchange’’) filed with the dollars ($20,000,000) provided there are mitigating circumstances. The penalty Securities and Exchange Commission at least one hundred (100) public will not become effective until the (‘‘SEC’’ or Commission’’) the proposed beneficial holders and the issue is rated period for filing an appeal has lapsed rule change as described in Items I, II, as investment grade by at least one and will be automatically stayed during and III below, which Items have been nationally recognized rating service. the pendency of any appeal. The Board prepared by the self-regulatory Proposed PHLX Rule 810(d) requires organization. The Commission is the delisting of the debt securities of a 5 15 U.S.C. 79q–1 (1988). publishing this notice to solicit non-listed issuer when the issue no 6 15 U.S.C. 78q–1(b)(3)(G) (1988). longer has at least a market value or 7 Section 17A(b)(3)(H) of the Act requires, among 8 See PTC Rules, Article VI, Rules 3 and 7. principal amount outstanding of at least other things, that the rules of a clearing agency provide a fair procedure with respect to the 9 15 U.S.C. 78s(b)(2) (1988). half a million dollars ($500,000), fails to disciplining of participants. 10 17 CFR 200.30–3(a)(12). be held by at least fifty (50) public 7252 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices beneficial owners of record or is no period to be appropriate and publishes the proposed rule change as described longer investment grade rated by at least its reasons for so finding or (ii) as to in Items I, II and III below, which Items one nationally recognized rating which the PHLX consents, the have been prepared by the self- service.1 Commission will: regulatory organization.1 The The Exchange proposes to assign any (A) By order approve such proposed Commission is publishing this notice to municipal security it lists to a rule change, or solicit comments on the proposed rule specialist 2 and to trade municipal (B) Institute proceedings to determine change from interested persons. securities in accordance with all PHLX whether the proposed rule change I. Self-Regulatory Organization’s regulations otherwise applicable to the should be disapproved. trading of securities on the equities Statement of the Terms of Substance of trading floor of the Exchange, except IV. Solicitation of Comments the Proposed Rule Change that pursuant to proposed PHLX Rule Interested persons are invited to Currently, Advice F–8 requires 132(d)(17) municipal securities shall be submit written data, views, and Exchange members to comply promptly exempt from the provisions of the arguments concerning the foregoing. with any request for information made Exchange’s off-board trading rule. Under Persons making written submissions by the Exchange’s Market Surveillance proposed PHLX Rule 309, municipal should file six copies thereof with the Department in connection with any securities will be compared, settled and Secretary, Securities and Exchange investigation within the Exchange’s cleared in accordance with the Commission, 450 Fifth Street, N.W., disciplinary jurisdiction. The Exchange applicable regulations of the MSRB. The Washington, D.C. 20549. Copies of the proposes to amend Advice F–8 to PHLX believes that Exchange listing of submission, all subsequent require members to comply with municipal securities will allow public amendments, all written statements Exchange requests for information in investors to have an alternative to the with respect to the proposed rule connection with any regulatory inquiry, over-the-counter market to trade change that are filed with the investigation, or examination relating to municipal debt securities. Commission, and all written the Exchange’s disciplinary jurisdiction The PHLX states that the proposed communications relating to the or regulatory obligations. The PHLX also rule change is based on Section 6(b)(5) proposed rule change between the proposes to amend the Advice to require of the Act in that it is designed to Commission and any person, other than that information requested by the further promote the mechanism of a free those that may be withheld from the Exchange’s Examinations Department be and open market and to protect public in accordance with the received within two business days from investors and the public interest. provisions of 5 U.S.C. 552, will be the date of the original request in order B. Self-Regulatory Organization’s available for inspection and copying in to satisfy the prompt compliance Statement on Burden on Competition the Commission’s Public Reference requirement of Advice F–8. Finally, the Section, 450 Fifth Street, N.W., PHLX proposes to amend Advice F–8 to The PHLX does not believe that the Washington, D.C. Copies of such filing reduce the fine for a first violation of the proposed rule change will impose any also will be available for inspection and Advice from $500 to $200, and to inappropriate burden on competition. copying at the principal office of the provide that each additional request for C. Self-Regulatory Organization’s PHLX. All submissions should refer to information not furnished within the Statement on Comments on the File No. SR–PHLX–94–69 and should be allotted time period may be considered Proposed Rule Change Received From submitted by February 28, 1995. as a separate occurrence for purposes of 2 Members, Participants or Others For the Commission, by the Division of the Advice’s fine schedule. The text of No written comments were either Market Regulation, pursuant to delegated authority.3 1 On November 30, 1994, the PHLX amended its solicited or received. proposal to clarify that the proposed two-day period Margaret H. McFarland, III. Date of Effectiveness of the for compliance with Exchange Examinations Department requests would apply, for example, to Proposed Rule Change and Timing for Deputy Secretary. [FR Doc. 95–2969 Filed 2–6–95; 8:45 am] requests for books and records, rather than to Commission Action requests for financial information, which are BILLING CODE 8010±01±M governed by PHLX Rule 703(e). See Letter from Within 35 days of the publication of Edith Hallahan, Special Counsel, PHLX, to Michael this notice in the Federal Register or Walinskas, Branch Chief, Office of Market within such other period (i) as the [Release No. 34±35305; File No. SR±PHLX± Supervision (‘‘OMS’’), Division of Market Commission may designate up to 90 94±61] Regulation (‘‘Division’’), Commission, dated days of such date if it finds such longer November 30, 1994 (‘‘November 30 Letter’’). On Self-Regulatory Organizations; Notice January 31, 1995, the PHLX amended its proposal to delete references to foreign currency option 1 Although the PHLX believes that proposed of Filing of Proposed Rule Change by (‘‘FCO’’) participants and participant organizations PHLX Rule 810(d) will apply primarily to the Philadelphia Stock Exchange, Inc., in Floor Procedure Advice (‘‘Advice’’) F–8, ‘‘Failure municipal securities, it may also apply to the debt Relating to Floor Procedure Advice F± to Comply with an Exchange Inquiry.’’ See Letter of issuers whose equities are not listed on the 8, Failure To Comply With an from Edith Hallahan, Special Counsel, Regulatory Exchange. Telephone conversation between Murray Services, PHLX, to Michael Walinskas, Branch L. Ross, Secretary, PHLX, and Yvonne Fraticelli, Exchange Inquiry Chief, OMS, Division, Commission, dated January Staff Attorney, Options Branch, Division of Market 30, 1995 (‘‘January 30 Letter’’). However, Advice F– Regulation, Commission, on January 20, 1995. January 31, 1995. 8 continues to apply to FCO participants and 2 In this regard, the Exchange intends to require Pursuant to Section 19(b)(1) of the participant organizations. Specifically, the PHLX specialist units applying for appointment and Securities Exchange Act of 1934 notes in its January 30 Letter that PHLX Rule 13, registration in municipal securities to be in (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is ‘‘Foreign Currency Options Participant’’ provides compliance with the Municipal Securities that FCO participants are subject to the provisions Rulemaking Board (‘‘MSRB’’) G–3 regulations hereby given that on November 21, of the Exchange’s rules that are applicable to a regarding municipal securities principals and 1994, the Philadelphia Stock Exchange, member of the Exchange and each reference to a representatives. The National Association of Inc. (‘‘PHLX’’ or ‘‘Exchange’’) filed with member of the Exchange in the PHLX’s rules is Securities Dealers (‘‘NASD’’) has authority to the Securities and Exchange deemed to pertain also to FCO participants. enforce MSRB rules for listed municipal securities. 2 Under the Advice F–8’s fine schedule, as The PHLX enforcement in this regard will not Commission (‘‘SEC’’ or ‘‘Commission’’) amended, the Exchange will impose a fine of $200 preempt or limit in any manner the NASD’s for the first occurrence, $1,000 for the second authority to act in this area. 3 17 CFR 200.30–3(a)(12) (1994). occurrence, $2,500 for the third occurrence, and a Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7253 the proposed rule change is available at of this change is to facilitate the III. Date of Effectiveness of the the Office of the Secretary, PHLX, and Exchange’s ability to promptly collect Proposed Rule Change and Timing for at the Commission. regulatory information, with the Commission Action deterrent of a preset fine schedule. II. Self-Regulatory Organization’s Within 35 days of the date of With respect to the fine schedule Statement of the Purpose of, and publication of this notice in the Federal accompanying Advice F–8, the Statutory Basis for, the Proposed Rule Register or within such longer period (i) Change proposed language regarding separate as the Commission may designate up to occurrences is intended to deter delays In its filing with the Commission, the 90 days of such date if it finds such self-regulatory organization included in compliance with an Exchange request by counting a repeat request for longer period to be appropriate and statements concerning the purpose of publishes its reason for so finding or (ii) and basis for the proposed rule change information as a separate occurrence. If each successive request for the same as to which the self-regulatory and discussed any comments it received organization consents, the Commission on the proposed rule change. The text information is treated as a separate will: of these statements may be examined at occurrence and thus as a successive the places specified in Item IV below. violation subject to the next highest (a) By order approve such proposed The self-regulatory organization has fine, the Exchange believes that prompt rule change, or prepared summaries, set forth in compliance is encouraged. The PHLX (b) Institute proceedings to determine sections (A), (B), and (C) below, of the also proposes to reduce the fine for a whether the proposed rule change most significant aspects of such first occurrence from $500 to $200 to should be disapproved. statements. reflect the potential for increased application of such fines. IV. Solicitation of Comments (A) Self-Regulatory Organization’s Statement of the Purpose of, and The Exchange believes that the Interested persons are invited to Statutory Basis for, the Proposed Rule proposed changes to Advice F–8 are submit written data, views and consistent with the types of provisions Change arguments concerning the foregoing. currently included in the Exchange’s Currently, Advice F–8 requires Persons making written submissions minor rule plan. Moreover, extending cooperation with requests for should file six copies thereof with the the requirements of Advice F–8 information made by the Exchange’s Secretary, Securities and Exchange regarding prompt compliance with Market Surveillance Department and Exchange inquiries to include Commission, 450 Fifth Street, NW., contains a fine schedule for violations. Examinations Department and other Washington, DC 20549. Copies of the The Advice is administered under the submission, all subsequent Exchange’s minor rule violation regulatory requests should enhance the Exchange’s ability to meet its regulatory amendments, all written statements enforcement and reporting plan (‘‘minor with respect to the proposed rule 3 obligations expeditiously. For example, rule plan’’), which the PHLX also change that are filed with the proposes to amend. Advice F–8 serves under Advice F–8, as amended, a member will be required to comply with Commission, and all written as an important tool in the Exchange’s communications relating to the effort to conduct investigations an Examinations Department request for proposed rule change between the expeditiously, requiring members to books and records within two business Commission and any person, other than respond promptly to such requests. days from the date of the original 5 those that may be withheld from the Prompt compliance with Market request. Surveillance requests is currently For the above reasons, the Exchange public in accordance with the defined as ten business days. This believes that the proposed rule change provisions of 5 U.S.C. 552, will be Advice was adopted in order to expedite is consistent with Section 6 of the Act, available for inspection and copying at the Exchange’s investigation process by in general and, in particular with the Commission’s Public Reference enabling the Exchange to summarily Section 6(b)(5), in that it is designed to Section, 450 Fifth Street, NW., reprimand any failure to respond to promote just and equitable principles of Washington, DC. Copies of such filing such requests.4 trade, prevent fraudulent and will also be available for inspection and The PHLX proposes to extend the manipulative acts and practices, as well copying at the principal office of the requirements of Advice F–8 to include as to protect investors and the public above-mentioned self-regulatory Examinations Department requests, for interest, by bolstering the Exchange’s organization. All submissions should which compliance will be required ability to receive certain information refer to the file number in the caption within two business days, as well as from its members promptly. above and should be submitted by other regulatory inquiries. The purpose February 28, 1995. (B) Self-Regulatory Organization’s For the Commission, by the Division of sanction discretionary with the Exchange’s Statement on Burden on Competition Business Conduct Committee for the fourth and Market Regulation, pursuant to delegated subsequent occurrences. The PHLX does not believe that the authority.6 3 The PHLX’s minor rule plan, codified in PHLX proposed rule change will impose any Margaret H. McFarland, Rule 970, contains floor procedure advices with inappropriate burden on competition. accompanying fine schedules. Rule 19d–1(c)(2) Deputy Secretary. under the Act authorizes national securities (C) Self-Regulatory Organization’s [FR Doc. 95–2970 Filed 2–6–95; 8:45 am] exchanges to adopt minor rule violation plans for summary discipline and abbreviated reporting; Rule Statement on Comments on the BILLING CODE 8010±01±M 19d–1(c)(1) requires prompt filing with the Proposed Rule Change Received From Commission of any final disciplinary action. Members, Participants or Others However, minor rule violations not exceeding $2,500 are deemded not final, thereby permitting No written comments were either periodic, as opposed to immediate, reporting. received or requested. 4 See Securities Exchange Act Release No. 26899 (June 7, 1989), 54 FR 25526 (June 15, 1989) (order approving File No. SR–PHLX–89–20). 5 See November 30 Letter, supra note 1. 6 17 CFR 200.30–3(a)(12) (1994). 7254 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices [Release No. 34±35302; File No. SR±Phlx± Schedule of Fees and Charges to Rules of the Exchange.4 The proposed 94±77] conform to the change in the By-Laws fee amendments to the By-Laws and the with respect to the initiation fee. The Schedule of Fees and Charges are Self-Regulatory Organizations; Notice text of the proposed rule change is as intended to equalize the treatment of of Filing of Proposed Rule Change by follows [new text is italicized; deleted new purchasers of equitable title to Phlx Philadelphia Stock Exchange, Inc. text is bracketed]: memberships and foreign currency Relating to the Imposition of an Initiation Fee: options participations.5 Approved Lessor's Initiation Fee and a The Phlx requires an initiation fee of Requirement That Approved Lessors $1,500 to be paid by a new member, [or] 2. Statutory Basis Pledge to Abide by the By-Laws and participant or an approved lessor. A The proposed rule change is Rules lapse in membership or participation for consistent with Section 6(b)(4) of the January 31, 1995. six months or more will necessitate the Act in that it provides for the equitable payment of the initiation fee subsequent allocation of reasonable dues, fees, and Pursuant to Section 19(b)(1) of the 2 Securities Exchange Act of 1934 to reapplication. other charges amongst its members and (‘‘Act’’), 15 U.S.C. 78s(b)(1), notice is II. Self-Regulatory Organization’s other persons using its facilities. hereby given that on January 11, 1995, Statement of the Purpose of, and B. Self-Regulatory Organization’s the Philadelphia Stock Exchange, Inc. Statutory Basis for, the Proposed Rule Statement on Burden on Competition (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Change Securities and Exchange Commission The Exchange does not believe that In its filing with the Commission, the the proposed rule change will impose (‘‘Commission’’) the proposed rule self-regulatory organization included change as described in Items I, II, and any inappropriate burden on statements concerning the purpose of competition. III below, which Items have been and basis for the proposed rule change prepared by the self-regulatory and discussed any comments it received C. Self-Regulatory Organization’s organization. On January 26, 1995, the on the proposed rule change. The text Statement on Comments on the Exchange submitted to the Commission of these statements may be examined at Proposed Rule Change Received From Amendment No. 1 to the proposed rule the places specified in Item IV below. Members, Participants, or Others change, which is also described below.1 The self-regulatory organization has With respect to the proposed By-Laws The Commission is publishing this prepared summaries, set forth in notice to solicit comments on the change, the Exchange solicited Sections A, B, and C below, of the most comments from its memberships by proposed rule change from interested significant aspects of such statements. persons. Circular 94–109, dated July 21, 1994. A. Self-Regulatory Organization’s After receiving no written comments on I. Self-Regulatory Organization’s Statement of the Purpose of, and this matter, the Exchange’s Board of Statement of the Terms of Substance of Statutory Basis for, the Proposed Rule Governors approved the amendment to the Proposed Rule Change Change the By-Laws for submission to the The Exchange proposes to amend its Commission. 1. Purpose By-Laws, Article XII, Section 12–8 by No written comments were solicited adding a new paragraph (e), which The proposed amendment to Article or received with respect to the fee would impose an approved lessor’s XII, Section 12–8 of the Exchange’s By- change in the Schedule of Fees and initiation fee of $1,500.00 and a Laws would add a new paragraph (e) Charges. 3 requirement that approved lessors imposing an approved lessor’s III. Date of Effectiveness of the pledge to abide by the Phlx By-Laws initiation fee of $1,500.00 and a Proposed Rule Change and Timing for and Rules. The text of the proposed rule requirement that approved lessors Commission Action change is as follows [new text is pledge to abide by the By-Laws and italicized; deleted text is bracketed]: Rules of the Exchange. The Exchange is Within 35 days of the publication of also amending the Schedule of Fees and this notice in the Federal Register or By-Laws Article XII, Section 12–8(e) Charges to conform to the change in the within such other period (i) as the An initiation fee of one thousand five By-Laws with respect to the initiation Commission may designate up to 90 hundred dollars shall be paid to the fee. The Exchange will require that an days of such date if it finds such longer Corporation by a person or entity upon approved lessor pay the initiation fee period to be appropriate and publishes registration as an approved lessor. upon registration. its reasons for so finding or (ii) as to Additionally, no registration as an The Board of Governors undertook the which the self-regulatory organization approved lessor shall become effective amendment to the By-Laws to codify the consents, the Commission will: or entitle such person or entity to the practice of having approved lessors (A) By order approve the proposed privileges thereof, until such person or pledge to abide by the By-Laws and rule change, or a designated representative of such (B) Institute proceedings to determine entity has pledged to abide by the By- 2 Appendix A of the Schedule of Fees and whether the proposed rule change Charges has also been amended to indicate that the should be disapproved. Laws as they have or shall from time to initiation fee will be imposed on ‘‘Members, time amended, and by all rules and Participants and Approved Lessors.’’ regulations adopted pursuant to the By- 3 The term ‘‘approved lessor’’ means a lessor 4 The By-Laws already impose this requirement Laws. approved by the Exchange under its By-Laws and on members. See Philadelphia Stock Exchange The Exchange also submits a Rules. See Philadelphia Stock Exchange Guide, By- Guide, By-Laws, Article XII, Section 12–9, (CCH) Laws, Article I, Section 1–1(h), (CCH) ¶ 1001. A ¶ 1284. proposed rule change amending the ‘‘lessor’’ is a holder of equitable title to a 5 The Exchange does not require members who membership in the Exchange, including a former lease their memberships to a lessee to register as 1 See letter from Murray L. Ross, Secretary, Phlx, member of the Exchange, who has leased legal title ‘‘approved lessors.’’ Accordingly, the proposed rule to Sharon Lawson, Assistant Director, SEC, dated to his membership to a lessee and has retained change would not impose an additional initiation January 26, 1995. Amendment No. 1 proposes to equitable title to such membership, See fee on such members. Conversation with Murray L. amend the Schedule of Fees and Charges to reflect Philadelphia Stock Exchange Guide, By-Laws, Ross, Secretary, Phlx, and Jennifer Choi, Attorney, the imposition of an approved lessor’s initiation fee. Article I, Section 1–1(f), (CCH) ¶ 1001. SEC, dated January 19, 1995. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7255 IV. Solicitation of Comments received on the proposal. This order such that the end result may be a Interested persons are invited to approves the proposal. different number of contracts for each leg. submit written data, views, and I. Description of the Proposal The Phlx’s current priority rule, Rule arguments concerning the foregoing. The purpose of this proposal is to Persons making written submissions amend the current definition of spread 1033(d), allows a spread order (which should file six copies thereof with the order contained in Rule 1066(f)(1) to includes a spread involving only one Secretary, Securities and Exchange include transactions involving options foreign currency) to be executed as a Commission, 450 Fifth Street, N.W., in two different foreign currencies single transaction at a total net debit or Washington, D.C. 20549. Copies of the (‘‘inter-currency spread’’) and to extend credit with one contra-side. submission, all subsequent the spread priority principles to inter- Furthermore, an eligible spread can be amendments, all written statements currency spread orders. afforded priority as long as the net with respect to the proposed rule Rule 1066(f)(1) currently defines a credit/debit improves the established change that are filed with the spread as an order to buy a stated market for the spread, provided, Commission, and all written number of option contracts and to sell however, that at least one option leg is communications relating to the the same number of option contracts, in executed at a better price than the proposed rule change between the a different series of the same class of established market for that option and Commission and any person, other than options. The Exchange proposes to no option leg is executed outside of the those that may be withheld from the extend this definition by adopting Rule established market for that option. The public in accordance with the 1066(f)(1)(A), Inter-Currency Spread same principles apply to three-way, provisions of 5 U.S.C. 552, will be Order, as a subcategory of spread order.4 ratio, and multi-spread transactions in available for inspection and copying at Furthermore, the Exchange proposes to foreign currency.7 the Commission’s Public Reference adopt Rule 1033(i), Inter-Currency The Exchange believes that extending Section, 450 Fifth Street, N.W., Spread Priority, in order to extend the priority treatment to inter-currency Washington, D.C. 20549. Copies of such current spread priority principles to spreads is appropriate for several filing will also be available for inter-currency spreads. As a result, an reasons. First, the Exchange believes inspection and copying at the principal inter-currency spread involving any two that spread priority for inter-currency office of the Exchange. All submissions 5 6 FCOs, American- or European-style spreads will facilitate a more simplified should refer to File No. SR–Phlx–94–77 expiration, and any expiration date procedure for the execution of such and should be submitted by February (regular, month-end, or long-term) will orders. In this context, Phlx notes that 28, 1995. not be eligible for spread priority the execution of inter-currency spreads For the Commission, by the Division of treatment, as described below. Inter- as contingency orders may present a Market Regulation, pursuant to delegated currency spread priority pursuant to the logistical problem given that floor authority. proposed rule change would not, brokers must, in exercising due Margaret H. McFarland, however, be available for cross-rate, diligence, shuttle between two trading Deputy Secretary. cash/spot, or the Exchange’s customized crowds or, to prevent a trade from [FR Doc. 95–2905 Filed 2–6–95; 8:45 am] FCOs. occurring while the floor broker is in the Inter-currency spreads are currently BILLING CODE 8010±01±M second crowd, utilize two floor brokers executed as contingency orders to execute such an order. Second, inter- pursuant to Phlx Rule 1066. For currency spreads provide a trading [Release No. 34±35306; File No. SR±Phlx± example, an FCO floor broker would 94±23] quote a French franc market as well as strategy for FCO market participants a Swiss franc market, in each respective based on the interplay between the Self-Regulatory Organizations; trading crowd; then, the floor broker currencies of two countries, similar to Philadelphia Stock Exchange, Inc.; would announce ‘‘99 bid for 99 Sep 99 the advantages and opportunities Order Approving Proposed Rule 8 French franc calls if I can sell 99 Dec 99 associated with cross-rate FCOs. The Change Relating to Inter-Currency Swiss franc puts at 99.’’ However, each Exchange believes that the availability Spread Priority component of the spread must be bid/ of such strategies should enhance liquidity in existing FCOs. Finally, the January 31, 1995. offered individually, which, according to the Exchange, generally means that Exchange believes that the requirement On August 1, 1994, the Philadelphia in proposed Phlx Rule 1033(i) that each Stock Exchange, Inc. (‘‘Phlx’’ or each component is executed at a price better than the established bid/offer. In leg os an inter-currency spread be ‘‘Exchange’’) submitted to the Securities executed at or within the market for the and Exchange Commission (‘‘SEC’’ or addition, the Exchange believes that because each leg must be executed individual leg, and that at least one leg ‘‘Commission’’), pursuant to Section be executed at a price which improves 19(b) of the Securities Exchange Act of between the established market, such the established market, will benefit 1934 (‘‘Act),1 and Rule 19b-4 contingency orders are more likely to be investors. The Exchange states that this thereunder,2 a proposed rule change to broken up by market interest in one leg, requirement is also consistent with Phlx allow spread priority for eligible spreads 4 Rule 118 which provides that when a between two different foreign currency Proposed Phlx Rule 1066(f)(1)(A) defines Inter- Currency Spread Order in the following manner: In bid/offer is clearly established, no bid/ options (‘‘FCOs’’). the case of foreign currency options, a spread order offer outside that price shall be Notice of the proposed rule change may consist of an order to buy a stated number of established. was published for comment and option contracts in one foreign currency and to sell appeared in the Federal Register on the same number of option contracts in a different December 7, 1994.3 No comments were foreign currency option. 7 See Securities Exchange Act Release No. 34015 5 An American-style option is one that can be (November 29, 1994). exercised at any time prior to expiration of the 8 A cross-rate currency option is an option to 1 15 U.S.C. 78s(b)(1) (1988). option. purchase or sell a foreign currency at an exercise 2 17 CFR 240.19b–4 (1992). 6 A European-style option is one that can only be price that is denominated in another foreign 3 See Securities Exchange Act Release No. 35023 exercised during a specified period immediately currency. The exercise price, therefore, represents (November 29, 1994), 59 FR 63149. prior to expiration of the option. an exchange rate between two foreign currencies. 7256 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices II. Discussion the logistical problems and confusion HEARING OR NOTIFICATION OF HEARING: An The Commission finds that the attendant to the execution of orders order granting the application will be proposed rule change is consistent with involving three or more foreign issued unless the Commission orders a the requirements of the Act and the currencies will be avoided. hearing. Interested persons may request rules and regulations thereunder It therefore is ordered, pursuant to a hearing on the application by writing 10 applicable to a national securities Section 19(b)(2) of the Act, that the to the Secretary of the Commission and exchange, and, in particular, the proposed rule change (SR–Phlx–94–23) serving the Applicants with a copy of requirements of Section 6(b)(5).9 In is approved. the request, personally or by mail. particular, the Commission believes the For the Commission, by the Division of Hearing requests must be received by Market Regulation, pursuant to delegated the SEC by 5:30 p.m. on February 27, proposal is consistent with the Section authority.11 6(b)(5) requirement that the rules of an 1995, and should be accompanied by Margaret H. McFarland, exchange be designed to promote just proof of service on the Applicants in the and equitable principles of trade and Deputy Secretary. form of an affidavit or, for lawyers, a not to permit unfair discrimination [FR Doc. 95–2908 Filed 2–6–95; 8:45 am] certificate of service. Hearing requests between customers, issuers, brokers, BILLING CODE 8010±01±M should state the nature of the writer’s and dealers. interest, the reason for the request, and The Commission believes that the issues contested. Persons may allowing inter-currency spread orders to [Rel. No. IC±20875; File No. 812±9142] request notification of a hearing by attain spread priority is appropriate for writing to the Secretary of the First SunAmerica Life Insurance several reasons. First, because the FCO Commission. Company, et al. market is dominated by institutional ADDRESSES: Secretary, SEC, 450 Fifth and corporate investors, the preemption February 1, 1995. Street, NW., Washington, DC 20549. Applicants c/o Mark J. Mackey, Esq., of public customer limit orders (a AGENCY: Securities and Exchange Routier, Mackey and Johnson, P.C., 1700 concern of the Commission in the Commission (‘‘SEC’’ or the K Street, NW., Suite 1003, Washington, context of equity and index options), is ‘‘Commission’’). unlikely. In this regard, the Commission DC 20006. ACTION: Notice of application for an notes that the proposed changes are FOR FURTHER INFORMATION CONTACT: order under the Investment Company Patrice M. Pitts, Attorney, or Wendy applicable solely to the FCO market, Act of 1940 (‘‘1940 Act’’). which is dominated by institutions and Finck Friedlander, Deputy Chief, Office sophisticated corporate investors. This APPLICANTS: First SunAmerica Life of Insurance Products, Division of is in part due to the complex nature of Insurance Company (‘‘First Investment Management, at (202) 942– the instruments and the tremendous SunAmerica’’), FS Variable Annuity 0670. size of the underlying currency markets. Account Two (‘‘Separate Account’’), and SUPPLEMENTARY INFORMATION: Following Second, because inter-currency Vista Broker-Dealer Services, Inc. is a summary of the application. The spreads are currently executed as (‘‘Vista’’). complete application is available for a contingency orders, and therefore more RELEVANT 1940 ACT SECTIONS: Order fee from the Public Reference Branch of susceptible to non-execution, the requested under Section 6(c) of the 1940 the Commission. Commission believes granting priority Act for exemptions from Sections 26(a) Applicants’ Representations to such orders will facilitate their and 27(c)(2) thereof. execution and, therefore, may lead to 1. First SunAmerica is a stock life SUMMARY OF APPLICATION: more efficient quotes and tighter Applicants insurance company organized under the spreads. seek an order to permit the deduction of laws of the State of New York. On May Third, the priority principles mortality, expense risk, and distribution 24, 1994, First SunAmerica established applicable to inter-currency spreads expense charges from the assets of the the Separate Account to fund variable mirror the priority rules currently in Separate Account under certain variable annuity contracts. The Separate place for regular FCO spread orders. As annuity contracts (‘‘Contracts’’) funded Account is registered under the 1940 a result, an inter-currency spread may through the Separate Account and Act as a unit investment trust. The be executed at a total net credit/debit under materially similar contracts Separate Account and each of its with one other participant, provided at (‘‘future contracts’’) funded in the future portfolios are administered and least one leg of the spread is executed through the Separate Account, and from accounted for as part of the general at a better price than the established bid the assets of any other separate account business for First SunAmerica, but the or offer for that contract and that no (‘‘future separate accounts’’) established income, gains and losses of each option leg is executed at a price outside in the future by First SunAmerica in portfolio are credited to or charged of the established bid or offer for that connection with the issuance of against the assets held in that portfolio option contract. Accordingly, the contracts that are materially similar to 1 in accordance with the terms of the Commission believes that this change the Contracts. Contracts, without regard to other will allow institutional and corporate FILING DATE: The Application was filed income, gains and losses of any other investors to better utilize sophisticated on August 3, 1994, and amended on portfolio or arising out of any other trading techniques involving FCOs for November 22, 1994, and December 20, business First SunAmerica may hedging and risk management purposes 1994. conduct. without altering the existing priority 2. Vista is a broker-dealer registered principles. 10 15 U.S.C. 78s(b)(2) (1982). under the Securities Exchange Act of Finally, because the proposed 11 17 CFR 200.30–3(a)(12) (1994). 1934, and is the distributor for the definition limits an inter-currency 1 Applicants have agreed to amend this Contracts. spread to a maximum of two foreign application during the notice period to reflect that 3. The Contracts provide for the future contracts and contracts issued by future accumulation of contract values and currencies, the Commission notes that separate accounts relying on the exemptive relief requested here shall be materially similar to the payments of annuity benefits on a fixed 9 15 U.S.C. 78f(b)(5) (1982). Contracts. and variable basis. The Contracts are Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7257 available for retirement plans that do This charge reimburses First Contract year after the first Contract not qualify for the special federal tax SunAmerica for expenses incurred in year. The additional free withdrawal advantages available under the Internal establishing and maintaining records amount is equal to 10% of purchase Revenue Code (‘‘non-qualified plans’’) relating to a Contract. The contract payments made more than one year and for retirement plans that do qualify administration charge will be assessed before the date of withdrawal that for the federal tax advantages available on each anniversary of the Contract date remain subject to the Withdrawal under the Internal Revenue Code that occurs on or prior to the annuity Charge and that have not previously (‘‘qualified plans’’). Purchase payments date. In the event that a total surrender been withdrawn, less earnings in the under the Contracts may be made to the of Contract value is made, the charge Contract owner’s account. general account of First SunAmerica will be assessed as of the date of 10. Any amounts withdrawn that under the Contract’s fixed account surrender without proration. This exceed the limits described about may option (‘‘Fixed Account’’), to the charge is not assessed during the be subject to a Withdrawal Charge in Separate Account, or allocated among annuity period. The contract accordance with the table shown below. them. The minimum initial purchase administration charge is at cost with no payment for a Contract is $5,000 for margin included for profit. WITHDRAWAL CHARGE TABLE non-qualified plans ($2,000 for qualified 7. During the accumulation period, plans). Additional purchase payments amounts allocated to the Separate Applicable may be made in amounts of at least $250 Account may be transferred among the 2 withdrawal Contribution year charge ($100 in the case of an automatic portfolios and/or the Fixed Account. percentage payment plan). Both before and after the annuity date, 4. Initially, the Contracts will be Contract values may be transferred from Zero ...... 6 funded through six portfolios of the the Separate Account to the Fixed First ...... 6 Separate Account. Each portfolio invests Account. The first fifteen transactions Second ...... 5 in assets in the shares of one of six effecting such transfers in any Contract Third ...... 4 available series of Mutual Fund Variable year are permitted without the Fourth ...... 3 Annuity Trust (‘‘Trust’’): the Growth imposition of a transfer fee. A transfer Fifth ...... 2 Sixth ...... 1 and Income Portfolio; the Capital fee of $25 is assessed on the sixteenth Seventh and later ...... 0 Growth Portfolio; the International and each subsequent transaction within Equity Portfolio; the Assist Allocation the Contract year. This fee will be 2 Applicants represent that, with respect to a Portfolio; the U.S. Treasury Income deducted from Contract values that given purchase payment, a contribution year is a year starting from the date of the purchase Portfolio; and the Money Market remain in the portfolio (or, where payment in one calender year and ending on Portfolio. The Trust is register under the applicable, the Fixed Account) from the anniversary of such date in the succeeding 1940 Act as a diversified, open-end, which the transfer was made. If such calendar years. The contribution year in which management investment company. remaining Contract value is insufficient a purchase payment is made is ``contribution year zero,'' and subsequent contribution years Additional underlying funds may to pay the transfer fee, then the fee will are successively numbered. become available in the future. be deducted from transferred Contract 5. If the Contract owner dies during values. The transfer is at cost with no The Withdrawal Charge may be the accumulation period, a death benefit anticipation of profit. reduced or waived in certain will be payable to the beneficiary upon 8. Although there is a free withdrawal circumstances, as described in the receipt by First SunAmercia of due amount that applies to the first prospectus for the Contracts. proof of death. The death benefit is withdrawal during a contract year after 11. First SunAmerica deducts a reduced by the premium tax incurred by the first, a contingent deferred sales distribution expense charge from each First SunAmerica, if any. If the Contract charge (the ‘‘Withdrawal Charge’’) may portfolio of the Separate Account during owner is younger than age 70 at the date be imposed upon certain withdrawals. each valuation period that is equal, on of Contract issue, the death benefit is Withdrawal Charges will vary in an annual basis, to 0.15% of the net equal to the greatest of: (i) The total amount depending upon the asset value of each portfolio. This dollar amount of purchase payments contribution year of the purchase charge is designed to compensate First made prior to the death of the Contract payment at the time of withdrawal. The SunAmerica for assuming the risk that owner, reduced by any partial Withdrawal Charge is deducted from the cost of distributing the Contracts withdrawals and partial annuitizations; remaining Contract value so that the will exceed the revenues from the (ii) the Contract value at the end of the actual reduction in Contract value as a Withdrawal Charge. In no event will valuation period during which due result of the withdrawal will be greater this charge be increased. The proof of death (and an election of the than the withdrawal amount requested distribution expense charge is assessed type of payment to the beneficiary) is and paid. So that all withdrawals are during both the accumulation period received by First SunAmerica; or (iii) allocated to purchase payments to and the annuity period; it is not applied the Contract value at that anniversary of which the lowest Withdrawal Charge (if to Contract values allocated to the Fixed the Contract issue date preceding the any) applies, withdrawals will be Account. date of death—increased by any allocated first to investment income, if 12. Annuity payments will not be purchase payments made and reduced any, which generally may be withdrawn affected by the mortality experience by any partial withdrawals and partial free of Withdrawal Charge, and then to (death rate) of (i) persons receiving such annuitizations since that anniversary— purchase payments on a first-in, first- payments or (ii) the general population. which yields the greatest result. If the out basis. The annuity rates may not be changed Contract owner was at least age 70 on 9. Earnings in a Contract owner’s under the Contract. First SunAmerica the Contract issue date, the death account, and purchase payments no deducts a mortality risk charge from the benefit will equal (ii) above. longer subject to the Withdrawal Separate Account for assuming the risks 6. An annual contract administration Charge, may be withdrawn at any time that: (i) The life expectancy of an charge of $30 is charged against each free of the Withdrawal Charge. There annuitant will be greater than that Contract. The amount of this charge is also may be a free withdrawal amount assumed in the guaranteed annuity guaranteed and cannot be increased. for the first withdrawal during a purchase rates; (ii) the Withdrawal 7258 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Charge may be waived in the event of Applicants’ Legal Analysis is consistent with the purposes of the the death of the owner; and (iii) the 1. Applicants hereby request that the 1940 Act and the protection of investors death benefit must be provided before Commission, under Section 6(c) of the for the same reasons. Applicants submit the annuity date. The charge is 1940 Act, grant exemptions from that if First SunAmerica were required deducted from each portfolio of the Section 26(a)(2) and 27(a)(2) thereof to repeatedly to seek exemptive relief with Separate Account during each valuation the extent necessary to permit the respect to the issues addressed in this period at an annual rate of 0.90% of the deduction of mortality and expense risk application, investors would not receive net asset value of each portfolio. If the charges and a distribution expense any benefit or additional protection mortality risk charge is insufficient to charge: (i) From the Separate Account thereby. 5. Applicants assert that the aggregate cover the actual costs of assuming the under the Contracts and under any of the mortality and expense risk mortality risks, First SunAmerica will future contracts; and (ii) from the assets charges, 1.25%, is reasonable in relation bear the loss; if the charge proves more of any future separate accounts which to the risks assumed by First than sufficient, the excess will be a gain offer contracts materially similar to the to First SunAmerica. To the extent First SunAmerica under the Contracts and Contracts. reasonable in amount, as determined by SunAmerica realizes any gain, those 2. Pursuant to Section 6(c) of the Act, industry practice with respect to amounts may be used at its discretion— the Commission may, by order upon comparable annuity products. including to offset losses experienced application, conditionally or when the mortality risk charge is Applicants state that these unconditionally exempt any person, determinations are based on their insufficient. The mortality risk charge security, or transaction, or any class or may not be increased under the analysis of publicly available classes of persons, securities or information about similar industry Contract. transactions, from any provision or 13. First SunAmerica bears the risk practices, taking into consideration such provisions of the 1940 Act or from any factors as current charge levels and that the contract administration charge rule or regulation thereunder, if and to will be insufficient to cover the cost of benefits provided, the existence of the extent that such exemption is expense charge guarantees, and administering the Contracts. For necessary or appropriate in the public assuming this expense risk, First guaranteed annuity rates. First interest and consistent with the SunAmerica undertakes to maintain at SunAmerica deducts an expense risk protection of investors and the purposes charge form the Separate Account its home office, and make available to fairly intended by the policy and the Commission upon request, a during each valuation period at an provisions of the 1940 Act. memorandum detailing the annual rate of 0.35% of the net asset 3. Sections 26(a)(2) and 27(c)(2) of the methodology used in making these value of each portfolio. If the expense 1940 Act require, among other things, determinations. risk charge is insufficient to cover the that all payments received under a 6. Similarly, before relying on any actual cost of administering the periodic payment plan certificate sold exemptive relief granted herein with Contracts, First SunAmerica will bear by a registered unit investment trust, respect to any future contracts or any the loss; if the charge is more than any depositor thereof or underwriter materially similar contracts funded sufficient, the excess will be a gain to therefor, be held by a qualified bank as through future separate accounts, First SunAmerica. To the extent First trustee or custodian, under Applicants will determine that the SunAmerica realizes any gain, those arrangements which prohibit any mortality and expense risk charges amounts may be used at its discretion— payment to the depositor or principal under any such contracts will be including to offset losses when the underwriter except for the payment of a reasonable in relation to the risks expense risk charge is insufficient. The fee, not exceeding such reasonable assumed by First SunAmerica and expense risk charge may not be amount as the Commission may reasonable in amount, as determined by increased under the Contract. prescribe, for bookkeeping and other industry practice with respect to 14. Applicants represent that the administrative services. comparable annuity products. First aggregate amount of any Withdrawal 4. Applicants believe that extending SunAmerica will maintain at its home Charges imposed and distribution the requested relief to the future office, and make available to the expense charges paid will never exceed contracts, as well as to materially Commission upon request, a 9% of purchase payments previously similar contracts funded through future memorandum detailing the made, and that First SunAmerica will separate accounts, is appropriate in the methodology used in making these monitor each owner’s account for the public interest and consistent with the determinations. purpose of ensuring that this limitation protection of investors and the purposes 7. First SunAmerica submits that is not exceeded. Applicants undertake fairly intended by the policy and there is a reasonable likelihood that the to include in the prospectus forming provisions of the 1940 Act. Applicants Separate Account’s distribution part of the registration statement for the submit that such an order would financing arrangement will benefit the Contracts statements describing the promote competitiveness in the variable Separate Account and its investors. First purpose of the distribution expense annuity contract market by eliminating SunAmerica represents that it will charge, and statements that the staff of the need for First SunAmerica to file maintain and make available to the the Commission deems such charge to redundant exemptive applications, Commission upon request a constitute a deferred sales charge. thereby reducing First SunAmerica’s memorandum setting forth the basis for Applicants undertake to abide by the administrative expenses and such conclusion. Similarly, before representations and undertaking set maximizing the efficient use of First relying on any exemptive relief granted forth in this paragraph relating to the SunAmerica’s resources. The delay and herein with respect to any future distribution expense charge in expense involved in having to seek contracts or to any materially similar connection with any future contracts, as exemptive relief repeatedly would contracts issued by future separate well as materially similar contracts impair the First SunAmerica’s ability accounts, Applicants will determine funded through future separate effectively to take advantage of business that there is a reasonable likelihood that accounts, relying on the requested opportunities as they arise. Applicants the distribution financing arrangement order. further submit that the requested relief will benefit the Separate Account (or Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7259 future separate accounts) and its (or Golden American In The Future To Applicant’s Representations their) investors. First SunAmerica will Support Variable Life Insurance 1. Golden American is a stock life maintain and make available to the Contracts Issued by Golden American insurance company and an indirect Commission upon request a (‘‘Future Accounts’’), and Directed subsidiary of Bankers Trust Company memorandum setting forth the basis for Services, Inc. (‘‘DSI’’). (‘‘Bankers’’). such determination. RELEVANT 1940 ACT SECTIONS: Order 2. Account A is a separate account 8. First SunAmerica further represents requested under section 6(c) granting established by Golden American and that the assets of the Separate Account exemptions from the provisions of registered under the 1940 Act as a unit and any future separate accounts that Sections 26(a)(2)(C), 27(c)(1) and investment trust. Each of Account A’s rely on the requested order will be 27(c)(2) of the 1940 Act and from 10 divisions invests in a corresponding invested only in management paragraphs (b)(1), (b)(12)(i), (b)(13)(iv) portfolio of The GCG Trust (‘‘GCG investment companies that undertake, and (c)(4)(v) of Rule 6e–2 and of Rule Trust’’), a registered open-end in the event they should adopt a plan 6e–3(T), and from Rule 22c–1 management company. Account A is, for financing distribution expenses thereunder. and any Future Account will be, used to pursuant to Rule 12b-1 under the 1940 SUMMARY OF APPLICATION: Applicant fund certain variable life insurance Act, to have such plan formulated and contracts issued by Golden American, approved by their board of directors, the request an order that would permit them to deduct a charge from premium including the GoldenSelect VLI and majority of whom are not ‘‘interested GoldenSelect VL10 Contracts persons’’ of the management investment payments to compensate Golden American for its increased federal tax (‘‘Contracts’’). A registration statement company within the meaning of Section to register the Contracts under the 2(a)(19) of the 1940 Act. burden resulting from the application of Section 848 of the Internal Revenue Securities Act of 1933 has been filed Conclusion Code of 1986, as amended, to the receipt with the Commission. Applicants state that the Contracts will be issued in Applicants submit that for the reasons of such payments under certain variable reliance on the applicable provisions of and upon the facts set forth above, the life insurance contracts. Applicants also either Rule 6e–2 or Rule 6e–3(T). exemptions from Sections 26(a)(2) and propose to deduct the charge on a deferred basis from contract cash value, 3. DSI, the principal underwriter for 27(c)(2) of the 1940 Act to the extent the Contracts, is an indirect wholly- necessary to permit the deduction of with the balance of any unrecovered amount being deducted upon surrender. owned subsidiary of Bankers and an mortality, expense risk, and distribution affiliate of Golden American. DSI is a expense charges from the assets of the FILING DATE: The application was filed registered broker-dealer under the Separate Account under the Contracts on February 23, 1994. Securities Exchange Act of 1934 and a and under any future contracts, and HEARING OR NOTIFICATION OF HEARING: An member of the National Association of from the assets of any future separate order granting the Application will be Securities Dealers, Inc. accounts offering contracts which are issued unless the Commission orders a 4. Applicants propose to deduct a materially similar to the Contracts, meet hearing. Interested persons may request charge to reimburse Golden American the statutory standards of Section 6(c) of a hearing by writing to the for the increase in its federal income the 1940 Act. Accordingly, the Commission’s Secretary and serving taxes resulting from the application of Applicants assert that the requested Applicants with a copy of the request, Section 848 of the Internal Revenue exemptions are necessary or appropriate personally or by mail. Hearing requests Code of 1986 (‘‘Code’’), as amended, to in the public interest and consistent should be received by the Commission the receipt of premium payments under with the protection of investors and the by 5:30 p.m. on February 27, 1995, and the Contracts. The charge will be purposes fairly intended by the policy should be accompanied by proof of reasonably related to Golden American’s and provisions of the 1940 Act. service on Applicants in the form of an increased federal tax burden. The charge For the Commission, by the Division of affidavit or, for lawyers, a certificate of will be deducted either from (a) investment Management, pursuant to service. Hearing requests should state premiums received, or (b) Contract cash delegated authority. the nature of the requestor’s interest, the value on a deferred basis in a series of Margaret H. McFarland, reason for the request, and the issues equal periodic installments, with the Deputy Secretary. contested. Persons may request balance of any unrecovered amount to [FR Doc. 95–2975 Filed 2–6–95; 8:45 am] notification of a hearing by writing to be deducted upon early surrender of a BILLING CODE 8010±01±M the Secretary of the Commission. Contract. The deduction will be the ADDRESSES: Secretary, Securities and same notwithstanding the manner in which it is deducted. [Rel. No. IC±20873; No. 812±8854] Exchange Commission, 450 5th Street, NW., Washington, DC 20549. 5. The Omnibus Budget Golden American Life Insurance Applicants: c/o Golden American, 280 Reconciliation Act of 1990 (‘‘OBRA Company, et al. Park Avenue, New York, New York 1990’’), amending Section 848 of the 10017. Code, requires life insurance companies January 31, 1995. of capitalize and amortize over ten years FOR FURTHER INFORMATION CONTACT: AGENCY: Securities and Exchange certain general expenses for the current Commission (‘‘SEC’’ or ‘‘Commission’’). Yvonne M. Hunold, Senior Counsel, or year. Prior law allowed these expenses Wendy F. Friedlander, Deputy Chief, at ACTION: Notice of Application for an to be deducted in full from the current (202) 942–0670, Office of Insurance year’s gross income. Section 848, as Order under the Investment Company Products (Division of Investment Act of 1940 (‘‘1940 Act’’). amended, effectively accelerates the Management). realization of income from specified APPLICANTS: Golden American Life SUPPLEMENTARY INFORMATION: The contracts and, consequently, the Insurance Company (‘‘Golden following is a summary of the payment of taxes on that income. Taking American’’), Separate Account A of application; the complete application is into account the time value of money, Golden American (‘‘Account A’’), Any available for a fee from the Section 848 increases the insurance Other Separate Account Established By Commission’s Public Reference Branch. company’s tax burden because the 7260 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices amount of general deductions that must investment return that can be expected that the 1.38% charge would have to be be capitalized and amortized is to be earned risk-free over the long term. increased if future changes in, or measured by the premiums received This rate is based upon the expected interpretations of, Section 848 of any under the Contracts. yield on a 30-year U.S. Treasury Bond. successor provision result in a further 6. The amount of deductions subject Golden American then increased this increased tax burden due to receipt of to Section 848 equals a percentage of the rate by the market risk premium premiums. The increase could be current year’s net premiums received demanded by equity investors as caused by a change in the corporate tax (i.e., gross premiums minus return compensation for the risks associated rate, or in the 7.7% figure, or in the premiums and reinsurance premiums) with equity investments. The market amortization period. under life insurance or other contracts risk premium is based on the average Applicants’ Legal Analysis categorized under this Section. The excess return earned by investing in Contracts will be categorized under equities as compared to that earned by 1. Applicants request an order under Section 848 as life insurance contracts investing in risk-free instruments (i.e., Section 6(c) of the 1940 Act granting requiring 7.7% of the net premiums long-term U.S. Treasury Bonds). Finally, exemptions from Section 27(c)(2) of the received to be capitalized and amortized the resulting rate was modified to reflect 1940 Act to allow the deduction of a under the schedule set forth in Section the relative volatility of an equity charge from premiums to compensate 848(c)(1). investments in Bankers, Golden Golden American for its increased 7. The increased tax burden on every American’s indirect parent. federal tax burden based on receipt of $10,000 of net premiums received under 10. Using a federal corporate tax rate these premiums under the Contracts. the Contracts is quantified by of 35% and assuming a discount rate of The charge will be in an amount that is Applicants as follows. For each $10,000 10%, the present value of the tax effect reasonably related to Golden American’s of net premiums received in a given of the increased deductions allowable in increased federal tax burden. Applicants year, Golden American must capitalize the following ten years, which partially also request exemptions from $770 (i.e., 7.7% of $10,000), and $38.50 offsets the increased tax burden, comes subparagraph (c)(4)(v) of Rules 6e–2 and of this amount may be deducted in the to $160.40. The effect of Section 848 on 6e–3(T) under the 1940 Act to permit current year. The remaining $731.50 the Contracts is therefore an increased the proposed deductions to be treated as ($770 less $38.50) is subject to taxation tax burden with a present value of other than ‘‘sales load,’’ as defined at the corporate tax rate of 35% and $95.63 for each $10,000 of net under Section 2(a)(35) of the 1940 Act, results in $256.03 (.35%×$731.50) more premiums (i.e., $256.03 less $160.40). for purposes of Section 27 and the in taxes for the current year than Golden 11. Golden American does not incur exemptions from various provisions of American otherwise would have owed incremental federal income tax when it that Section found in Rules 6e–2 and prior to OBRA 1990. However, the passes on state premium taxes to 6e–3(T), respectively. Applicants assert current tax increase will be offset Contract Owners because state premium that it is appropriate to deduct a charge partially by deductions allowed during taxes are deductible in computing for an insurer’s increased tax burden the next ten years, which result from federal income taxes. Conversely, attributable to premiums received, and amortizing the remainder of the $770 federal income taxes are not deductible to exclude the deduction of this charge ($77 in each of the following nine years in computing Golden American’s from sales load, because it is a and $38.50 in year ten). federal income taxes. To compensate legitimate expense of the company and 8. It is Golden American’s business Golden American fully for the impact of not for sales and distribution expenses. judgment that it is appropriate to use a Section 848, Golden American must 2. Applicants further request an order discount rate of at least 10% in impose an additional charge to make it under Section 6(c) for exemptions from evaluating the present value of its future whole for the $95.63 additional tax Sections 26(a)(2)(C), 27(c)(1) and tax deductions for the following burden attributable to Section 848, as 27(c)(2) of the 1940 Act, paragraphs reasons. Capital that Golden American well as the tax on the additional $95.63 (b)(1), (b)(12)(i), (b)(13)(iv) of Rules 6e– must use to pay its increased federal tax itself, which can be determined by 2 and 6e–3(T) and Rule 22c–1 burden under Section 848 will be dividing $95.63 by the complement of thereunder, to permit the deduction of unavailable for investment. The cost of 35% federal corporate income tax rate the charge from Contract cash value in capital used to satisfy this increased tax (i.e., 65%), resulting in an additional deferred, equal periodic installments, as burden essentially will be Golden charge of $147.12 for each $10,000 of an alternative to a deduction of the American’s targeted rate of return (i.e., net premiums, or 1.47%. charge from premium payments, to the return sought on invested capital), 12. Based on its prior experience, compensate Golden American for its which is in excess of 10%. Accordingly, Golden American reasonably expects to increased tax burden under Section 848. Applicants submit that the targeted rate fully take almost all future deductions. Any unrecovered amount of the of return is appropriate for use in this It is Golden American’s judgment that a deferred charge will be deducted from present value calculation. To the extent 1.38% charge would reimburse it for the such assets upon an early surrender of that the 10% discount rate is lower than increased federal income tax liabilities a Contract. Golden American’s actual targeted rate under Section 848. Applicants represent 3. Section 6(c) authorizes the of return, the calculation of this that the 1.38% charge will be reasonably Commission, by order and upon increased tax burden will continue to be related to Golden American’s increased application, to exempt any person, reasonable over time, even if the federal income tax burden under security, or transaction, or class of corporate tax rate applicable to Golden Section 848. This representation takes persons, securities, or transactions, from American is reduced, or its targeted rate into account the benefit to Golden any provisions of the 1940 Act. The of return is lowered. American of the amortization permitted Commission grants relief under Section 9. In determining the targeted rate of by Section 848 and the use of a 10% 6(c) to the extent an exemption is return used in arriving at the discount discount rate (which is equivalent to ‘‘necessary or appropriate in the public rate, Golden American considered a Golden American’s targeted rate of interest and consistent with the number of factors, which it represents return) in computing the future protection of investors and the purposes are appropriate factors to consider. First, deductions resulting from such fairly intended by the policy and Golden American identified the level of amortization. Golden American believes provisions of [the 1940 Act].’’ Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7261 4. Account A is, and the Future 9. Applicants state that paragraph taxes’’ suggests that it is consistent with Accounts will be, regulated under the (b)(1), together with paragraph (c)(4), of the policies of the 1940 Act to exclude 1940 Act as issuers of periodic payment each Rule provides an exemption from from the definition of ‘‘sales load’’ in plan certificates. Accordingly, Account the Section 2(a)(35) definition of ‘‘sales Rules 6e–2 and 6e–3(T) deductions A, the Future Accounts, Golden load’’ by substituting a new definition to made to pay an insurer’s costs American (as depositor), and DSI (as be used for purposes of each respective attributable to its federal tax obligations. principal underwriter) are deemed to be Rule. Rule 6e–2(c)(4) defines ‘‘sales Additionally, the exclusion of subject to Section 27 of the 1940 Act. load’’ charged on any payment as the administrative expenses or fees that are 5. Section 27(c)(2) prohibits the sale excess of the payment over certain ‘‘not properly chargeable to sales or of periodic payment plan certificates specified charges and adjustments, promotional activities’’ also suggests unless the following conditions are met. including a deduction for state premium that the only deductions intended to fall The proceeds of all payments (except taxes. Rule 6e–3(T)(c)(4) defines ‘‘sales within the definition of ‘‘sales load’’ are amounts deducted for ‘‘sales load’’) load’’ during a period as the excess of those that are properly chargeable to must be held by a trustee or custodian any payments made during that period sales or promotional activities. having the qualifications established over certain specified charges and Applicants state that the proposed under Section 26(a)(1) for the trustees of adjustments, including a deduction for deductions will be used to compensate unit investment trusts. These proceeds state premium taxes. Under a literal Golden American for its increased also must be held under an indenture or reading of paragraph (c)(4) of the Rules, federal tax burden attributable to the agreement that conforms with the a deduction for an insurer’s increased receipt of premiums and not for sales or provisions of Section 26(a)(2) and federal tax burden does not fall squarely promotional activities. Therefore, Section 26(a)(3) of the 1940 Act. into those itemized charges or Applicants believe the language in 6. ‘‘Sales load’’ is defined under deductions, arguably causing the Section 2(a)(35) further indicates that Section 2(a)(35), in relevant part, as: deduction to be treated as part of ‘‘sales not treating such deductions as sales The difference between the price of a load.’’ load is consistent with the policies of security to the public and that portion of the 10. Applicants state that the public the 1940 Act. proceeds from its sale which is received and policy that underlies paragraph (b)(13) 13. Finally, Applicants submit that it invested or held for investment by the issuer of each Rule, and particularly is probably an historical accident that (or in the case of a unit investment trust, by subparagraph (b)(13)(i), like that which the exclusion of premium tax in the depositor or trustee), less any portion of underlies paragraphs (a)(1) and (h)(1) of such difference deducted for trustee’s or subparagraph (c)(4)(v) of Rules 6e–2 and Section 27, is to prevent excessive sales 6e–3(T) from the definition of ‘‘sales custodian’s fees, insurance premiums, issue loads from being charged for the sale of taxes, or administrative expenses or fees load’’ is limited to state premium taxes. periodic payment plan certificates. When these Rules were each adopted which are not properly chargeable to sales or Applicants submit that this legislative promotional activities. and, in the case of Rule 6e–3(T), later purpose is not furthered by treating a amended, the additional Section 848 tax Sales loads on periodic payment plan federal income tax charge based on burden attributable to the receipt of certificates are limited by Sections premium payments as a sales load premiums did not yet exist. 27(a)(1) and 27(h)(1) to a maximum of because the deduction is not related to 9% of total payments. the payment of sales commissions or 14. As noted above, Section 27(c)(2) 7. Certain provisions of Rules 6e–2 other distribution expenses. Applicants prohibits the sale of periodic payment and 6e–3(T) provides a range of assert that the Commission has plan certificates unless the proceeds, exemptive relief. Rule 6e–2 provides concurred with this conclusion by other than sales loads, are deposited exemptive relief if the separate account excluding deductions for state premium with and held by a qualified trustee or issues scheduled premium variable life taxes from the definition of sales load in custodian, as defined in Section insurance contracts as defined in Rule paragraph (c)(4) of each Rule. 26(a)(1), under a trust agreement that 6e–2(c)(1). Rule 6e–3(T) provides 11. Applicants submit that the source satisfies the requirements of Sections exemptive relief if the separate account for the definition of ‘‘sales load’’ found 26(a)(2) and (a)(3). Section 26(a)(2) issues flexible premium variable life in paragraph (c)(4) of each Rule prohibits payments from the assets of a insurance contracts, as defined in supports this analysis. Applicants registered unit investment trust to its subparagraph (c)(1) of that Rule. believe that, in adopting paragraph depositor or principal underwriter, or 8. Applicants state that paragraph (c)(4) of each Rule, the Commission their affiliates or agents, unless the (b)(13)(iii) of Rule 6e–2 implicitly intended to tailor the general terms of payment is reasonable compensation for provides, and paragraph (b)(13)(iii) of Section 2(a)(35) to variable life performing certain bookkeeping and Rule 6e–3(T) explicitly provides, insurance contracts to ease verification other administrative duties. exemptive relief from Section 27(c)(2) by the Commission of compliance with 15. Section 27(c)(1) prohibits the sale permit an insurer to make certain the sales load limits of subparagraph of a period payment plan certificate by deductions, other than sales load, (b)(13)(i) of each Rule. Just as the any registered investment company, its including the insurer’s tax liabilities percentage limits of Section 27(a)(1) and depositor or its underwriter, unless the from receipt of premium payments 27(h)(1) depend on the definition of certificate is a redeemable security. imposed by states or by other sales load in Section 2(a)(35) for their ‘‘Redeemable security’’ is defined in governmental entities. Applicants assert efficacy, Applicants assert that the Section 2(a)(32) as any security which that the proposed deduction with percentage limits in subparagraph entities the holder to receive a respect to Section 848 of the Code (b)(13)(i) of each Rule depend on proportionate share of the issuer’s arguably is covered by subparagraph paragraph (c)(4) of each Rule, which current net assets, or the cash (b)(13)(iii) of each Rule. Applicants does not depart, in principal, from equivalent. Rule 22c–1, in part, note, however, that the language of Section 2(a)(35). prohibits a registered investment paragraph (c)(4) of the Rules appears to 12. Applicants submit that the company from selling, redeeming or require that deductions for federal tax exclusion from the definition of ‘‘sales repurchasing a redeemable security it obligations from receipt of premium load’’ under Section 2(a)(35) of has issued except at a price based on the payments be treated as ‘‘sales load.’’ deductions from premiums for ‘‘issue current net asset value of the security. 7262 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 16. Rule 6e–3(T)(b)(1) provides an amount of the charge deducted upon required to repeatedly seek exemptive exemption from Sections 26(a) and early surrender is the same amount that relief with respect to the same issues 27(c)(1) and Rule 22c–1 in connection would have been deducted if the addressed in this Application, investors with any sales load deducted under Contract had not been surrendered. would not receive any benefit or Rule 6e–3(T), other than from Further, this charge represents a burden additional protection thereby and might premiums. Rule 6e–2 does not have a borne by Golden American for which it be disadvantaged as a result of increased corresponding provision. Rule 6e– is entitled to be reimbursed. Applicants overhead expenses. 3(T)(12(i) provides, in relevant part, an assert that the deduction upon Conditions for Relief exemption from Section 27(c)(1) and surrender of any unrecovered amount Rule 22c–1 provided that, to the extent should not be construed as a restriction 1. Golden American will monitor the that the calculation of cash value on redemption. Finally, Applicants reasonableness of the charge to be reflects deductions for administrative maintain that the Contract are and will deducted pursuant to the requested expenses and fees or sales loads, such be redeemable securities, and that the exemptive relief. deductions need only be made at such deduction of any remaining charge upon 2. The registration statement for each times as specified in the Contracts. surrender represents a legitimate Contract under which the above- Although Rule 6e–2(b)(12) provides deduction under the Contracts. referenced charge is deducted will: (a) similar exemptions, it does not provide 20. Applicants believe that the Disclose the charge; (b) explain the for the deduction of deferred exemptions provided by paragraph purpose of the charge; and (c) state that administrative expenses and fees or (b)(1), (b)(12)(i), and (b)(13)(iv) of Rules the charge is reasonable in relation to deferred sales load. Finally, Rule 6e– 6e–2 and 6e–3(T) do not appear to Golden American’s increased federal tax 3(T)(b)(13)(iv)(C) provides that, subject embrace the deduction of the proposed burden under Section 848 of the Code. to other provisions of that Rule, sales charge on a deferred basis. Rule 6e–2 3. The registration statement for each loads and administrative expenses or was adopted when there was less Contract providing for the above- fees may be deduced upon redemption. flexibility regarding premium payments referenced deduction will contain as an Rule 6e–2(b)(b)(13)(iv) does not provide and fewer policy features were available exhibit an actuarial opinion as to: (a) similar exemptions. Applicants believe to issuers than have subsequently been The reasonableness of the charge in that the omissions noted herein reflect permitted. In contrast, Rule 6e–3(T) relation to Golden American’s increased the Commission’s assumption at the contemplated deferred sales loads and federal tax burden under Section 848 of time it promulgated Rule 6e–2 that sales deferred administrative charges, but not the Code resulting from the receipt of loads would only be deducted from the proposed charge. premiums; (b) the reasonableness of the premiums, rather than a policy decision Applicants submit that: (a) No policy targeted rate of return that is used in to forbid other arrangements. reason exists for the omission of relief calculating such charge; and (c) the 17. Applicants state that it is for such a deferred charge from the appropriateness of the factors taken into appropriate to deduct the 1.38% charge provisions of Rules 6e–2 or 6e–3(T); (b) account by Golden American in on a deferred basis for the same reasons the deferred charge structure has been determining such targeted rate of return. that it is proper to deduct the charge accepted as an appropriate feature of life Conclusion directly from premiums. Nevertheless, insurance products under Rule 6e–3(T), Applicants believe they may not be able as well as pursuant to exemptive relief For the reasons and upon the facts set to rely on paragraphs (b)(1), (b)(12)(i), or granted by the Commission; (c) the forth above, Applicants submit that the (b)(13)(i) of Rules 6e–2 and 6e–3(T) existence of products with deferred requested exemptions to permit Golden because the deferred charge may be charges provides investors a valuable American to deduct 1.38% of premium deemed other than an ‘‘administrative choice; and (d) the Commission has payments under the Contracts are charge’’ or other than sales load under supported efforts to expand investor appropriate in the public interest and Rule 6e–3(T), and because the choice without sacrificing investor consistent with the protection of imposition of deferred charges was not protection. investors and the purposes fairly contemplated when Rule 6e–2 was 21. Applicants assert that the intended by the policy and provisions of adopted. standards of Section 6(c) are satisfied the 1940 Act. 18. Applicants submit that the because the requested relief is For the Commission, by the Division of deferred charge is more favorable to a appropriate in the public interest and Investment Management, pursuant to Contract Owner than the direct charge consistent with the purposes of the 1940 delegated authority. from premiums for the following Act and the protection of investors. The Margaret H. McFarland, reasons. First, the premium payments exemptive relief would: (a) Permit a Deputy Secretary. larger portion of each premium to be available for investment and, thus, the [FR Doc. 95–2903 Filed 2–6–95; 8:45 am] investment itself, will be greater than it immediately invested under a Contract; BILLING CODE 8010±01±M would be if such a charge was deducted (b) eliminate the need for Golden from premiums. Second, the total American to file additional exemptive amount charged to any Contract Owner applications for each Contract to be Issuer Delisting; Notice of Application is not more than it would be if it was issued through a Future Account with To Withdraw From Listing and taken directly from premiums paid. respect to the same issues under the Registration; (Three-Five Systems, Finally, Contract Owners will obtain 1940 Act that have been addressed in Inc., Common Stock, $0.01 Par Value) these advantages without incurring any this Application; thus (c) promoting File No. 1±4373 additional cost. competitiveness in the variable life 19. Applicants further submit that it insurance market by avoiding delay, February 1, 1995. is equally proper to deduct any reducing administrative expenses and Three-Five Systems, Inc. remaining amount of the deferred maximizing efficient use of resources; (‘‘Company’’) has filed an application charge upon early surrender of a and thereby (d) enhancing Golden with the Securities and Exchange Contract, and that the deduction will American’s ability to effectively take Commission (‘‘Commission’’), pursuant not violate Sections 2(a)(32) or 27(c)(1) advantage of business opportunities as to Section 12(d) of the Securities or Rule 22c–1. First, any remaining they arise. If Golden American were Exchange Act of 1934 (‘‘Act’’) and Rule Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7263 12d2–2(d) promulgated thereunder, to For the Commission, by the Division of Investment Partners, L.P., and Life withdraw the above specified security Market Regulation, pursuant to delegated Partners Group. (‘‘Security) from listing and registration authority. Matters involved in SBA’s on the American Stock Exchange, Inc. Jonathan G. Katz, consideration of the application include (‘‘Amex’’). Secretary. the business reputation and character of The reasons alleged in the application [FR Doc. 95–2974 Filed 2–6–95; 8:45 am] the proposed owners and management, for withdrawing the Security from BILLING CODE 8010±01±M and the probability of successful listing and registration include the operations of the new company under following: their management, including SMALL BUSINESS ADMINISTRATION profitability and financial soundness in According to the Company, in accordance with the Act and addition to being listed on the Amex, Minneapolis/St. Paul Advisory Council Regulations. the Security is listed on the New York Meeting Notice is further given that any person Stock Exchange, Inc. (‘‘NYSE’’). The may, not later than 15 days from the Security commenced trading on the The U.S. Small Business date of publication of this notice, submit NYSE at the opening of business on Administration Minneapolis/St. Paul written comments on the proposed December 29, 1994 and concurrently District Advisory Council will hold a transfer of ownership to the Associate therewith the Security was suspended public meeting on Friday, March 31, Administrator for Investment, Small from trading on the Amex. 1995 at 12:00 noon, at the Decathlon Business Administration, 409 3rd Street, According to the Company, the Board Athletic Club, 1700 East 79th Street, SW., Washington, DC 20416. of Directors has determined that it does Bloomington, Minnesota, to discuss A copy of the Notice will be not find any particular advantage in the such matters as may be presented by published in a newspaper of general dual trading of the Security and believes members, staff of the U.S. Small circulation in Dallas, Texas. Business Administration, or others that dual listing would fragment the (Catalog of Federal Domestic Assistance market for the Security and result in a present. For further information, write or call Program No. 59–011, Small Business potentially negative effect upon Investment Companies) investors. In making the decision to Mr. Edward A. Daum, Director, U.S. Small Business Administration, 610- Dated: January 31, 1995. withdraw the Security from listing on Robert D. Stillman, the Amex, the Company also considered Butler Square, 100 North Sixth Street, Associate Administrator for Investment. the direct and indirect costs and Minneapolis, Minnesota 55403, (612) expenses attendant in maintaining the 370–2306. [FR Doc. 95–2936 Filed 2–6–95; 8:45 am] dual listing of its Security on the NYSE Dated: January 31, 1995. BILLING CODE 8025±01±M and the Amex. These costs include: (1) Dorothy A. Overal, Listing and maintenance fees charged by Director, Office of Advisory Council. DEPARTMENT OF TRANSPORTATION each exchange for shares of the Security [FR Doc. 95–3006 Filed 2–6–95; 8:45 am] currently listed and shares that may be BILLING CODE 8025±01±M issued by the Company in the future, (ii) Coast Guard legal and other expenses that would [CGD8±95±002] arise as a result of duplication of filing [License No. 06/06±0307] documents with both the NYSE and the Houston/Galveston Navigation Safety Amex whenever the Company makes Stratford Capital Partners, L.P.; Notice Advisory Committee Meeting any filing with the Commission, and of Application for Transfer of AGENCY: (iii) other expenses relating to Ownership Coast Guard, DOT. ACTION: Notice of meeting. duplication of recordkeeping and Notice is hereby given that an reporting requirements that would arise amendment application has been filed SUMMARY: The Houston/Galveston from dual listing. The Board of Directors with the Small Business Administration Navigation Safety Advisory Committee has determined that, in light of its pursuant to § 107.601 of Regulations (HOGANSAC) will meet to discuss finding that there is no particular governing small business investment various navigation safety matters advantage in dual trading of the companies (13 CFR 107.601 (1994)) for affecting the Houston/Galveston area. Security, the expenses associated with a transfer of ownership of Stratford The meeting will be open to the public. dual listing would be excessive. Capital Group, Inc., 200 Crescent Court, DATES: The meeting will be held from 9 Any interested person may, on or Suite 1650, Dallas, Texas 75201 under a.m. to approximately 1 p.m. on before February 23, 1995, submit by the provisions of the Small Business Thursday,March 23, 1995. letter to the Secretary of the Securities Investment Act of 1958, as amended and Exchange Commission, 450 Fifth (the Act), (15 U.S.C. 661 et. seq.) and the ADDRESSES: The meeting will be held in Street, N.W., Washington, D.C. 20549, Rules and Regulations promulgated the conference room of the Houston facts bearing upon whether the thereunder. Pilots Office, 8150 South Loop East, application has been made in The present 100% shareholder, Life Houston, Texas. accordance with the rules of the Amex Partners Group, plans to retain a $5 FOR FURTHER INFORMATION CONTACT: and what terms, if any, should be million limited partnership interest in LTJG D. E. Rowlett, Recording Secretary, imposed by the Commission for the the Licensee, renamed Stratford Capital Commander, Eighth Coast Guard protection of investors. The Partners, L.P. Additional commitments District (oan), Room 1211, Hale Boogs Commission, based on the information to invest up to $40 million have been Federal Building, 501 Magazine Street, submitted to it, will issue an order made by several new investors. The New Orleans, LA 70130–3396, granting the application after the date proposed new holders of more than telephone (504) 589–6235. mentioned above, unless the 10% of the limited partnership interests SUPPLEMENTARY INFORMATION: Notice of Commission determines to order a are as follows: Hicks, Muse, Tate & Furst this meeting is given pursuant to the hearing on the matter. Equity Fund II, L.P., DLJ Fund Federal Advisory Committee Act, 5 7264 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices U.S.C. App. 2 § 1 et seq. The meeting is Projects Engineer, Federal Highway Transportation improvements in the open to the public. Members of the Administration, 4502 Vernon central East-West Corridor are intended public may present written or oral Boulevard, Madison, WI 53705–4905, to improve accessibility in the corridor. statements at the meeting. The agenda phone (608) 264–5437, fax (608) 264– A substantial portion of the corridor is for the meeting will focus solely on 5959; Mr. Joel Ettinger, Regional largely composed of a low income, non- discussion of the Houston Ship Channel Administrator, Federal Transit white, and transit-dependent 2000 (HSC 2000) report. Administration, 55 East Monroe Street, population. Improved transportation Dated: January 27, 1995. Suite 1415, Chicago, Illinois 60603, should better serve the bidirectional R.C. North, phone (312) 353–2789, fax (312) 886– travel needs of the area’s growing employment base and population. Rear Admiral, U.S. Coast Guard, Commander, 0351; or Mr. James Beckwith, Project Eight Coast Guard District. Manager, Wisconsin Department of Transit and highway improvements would also reduce traffic congestion, [FR Doc. 95–2994 Filed 2–6–95; 8:45 am] Transportation, District 2, 141 NW. Barstow Street, Waukesha, Wisconsin improve travel safety, and reduce BILLING CODE 4910±14±M 53188, phone (414) 548–8675, fax (414) accidents. Improved transportation 548–8655. operations in the corridor may alleviate Federal Highway Administration and COOPERATING AGENCIES: The FHWA, regional air quality problems by Federal Transit Administration FTA and WisDOT have determined that providing alternatives to the single the following agencies will be asked to occupant automobile for many trips. Environmental Impact Statement; be Cooperating Agencies in preparation Further, improved transit may alleviate Milwaukee and Waukesha Counties, of this EIS: traffic and parking problems that prevail Wisconsin in some of the most densely populated U.S. Army Corps of Engineers (COE), portions of the corridor and assist in AGENCY: Federal Highway U.S. Coast Guard (CG), opportunities for improved land use Administration (FHWA), DOT; Federal U.S. Department of Veteran Affairs patterns and jobs development. In light Transit Administration (FTA), DOT. (VA), of the above factors, the purpose of the ACTION: Notice of intent. U.S. Department of the Interior— central East-West Corridor study is to National Park Service (NPS), and identify the best approach for improving SUMMARY: The FHWA, the FTA, and the U.S. Environmental Protection Agency long term transportation service in the Wisconsin Department of (EPA). corridor in a cost-effective, equitable, Transportation (WisDOT) are issuing and publicly acceptable manner. this notice to advise the public and all Any other agency that believes it may other interested parties that in have either jurisdiction-by-law or Previous Activity special expertise related to this project accordance with the National As noted earlier, on March 27, 1992 Environmental Policy Act (NEPA) an should consult with the individuals listed above. the FTA announced through a Notice of Environmental Impact Statement (EIS) Intent in the Federal Register that an will be prepared for transportation SUPPLEMENTARY INFORMATION: The Alternatives Analysis/Environmental improvements in the central East-West central East-West Transportation Impact Statement (AA/EIS) would be Transportation Corridor of Milwaukee Corridor is a major travel corridor prepared for transit improvements in and Waukesha Counties, Wisconsin. bisecting Milwaukee and Waukesha the East-West Corridor in Milwaukee The WisDOT will ensure that the EIS Counties. The Corridor includes and Waukesha Counties. During the also satisfies the requirements of the portions of seven cities: Brookfield, alternatives analysis reasonable and Wisconsin Environment Policy Act Glendale, Milwaukee, New Berlin, promising alternatives including (WEPA). The Draft EIS (DEIS) will Waukesha, Wauwatosa, and West Allis; technology type, alignment, and include a Major Investment Study (MIS) three villages: Elm Grove, Shorewood location of train storage yards and a in accordance with 23 Code of Federal and West Milwaukee; and three towns: maintenance center, were evaluated Regulations part 450. Brookfield, Pewaukee and Waukesha. according to FTA criteria. Twelve Among the alternatives that the EIS The central East-West Transportation alternatives were developed and will evaluate are the No-Action and Corridor study area is generally a presented at public meetings, Technical Transportation System Management corridor approximately four to six miles Advisory Committee meetings, and (TSM) alternatives; light rail transit, wide extending from the junction of Study Advisory Committee meetings. freeway modernization, with and State Trunk Highway (STH) 16 and After FTA approval, the twelve without special lanes for buses and Interstate Highway (IH) 94 in Waukesha alternatives were being evaluated in an carpools; and combinations of freeway County 18 miles easterly to downtown AA/DEIS (that was not circulated). modernization and fixed transit Milwaukee and Lake Michigan in These twelve alternatives included the alternatives. Any new prudent and Milwaukee County. The central East- No Build and Transportation System feasible alternatives generated through West Transportation Corridor generally Management (TSM) alternatives, high the Scoping process will also be follows the east-west route of IH–94 and occupancy vehicle (HOV) lanes for considered. extends north at it’s eastern terminus to buses and carpools, express and rapid Scoping will be accomplished include the University of Wisconsin— light rail transit (XLRT and RLRT), rapid through correspondence with interested Milwaukee Campus and the near north busway (RBUS), minimum length routes persons, organizations, and federal, state shore communities adjacent to the City for both LXRT and RLRT, and and local agencies, and through two of Milwaukee. combinations of all modal alternatives public meetings. While there are other East-West described above. This notice supersedes the previous transportation corridors both north and In late 1993, a committee of local FTA Notice of Intent published in the south of the central transportation mayors, county executives, village Federal Register on March 27, 1992 corridor, they do not directly serve the presidents, and state and regional (Vol. 57, No. 60, Page 10691). central business district of downtown transportation officials, known as the FOR FURTHER INFORMATION CONTACT: Mr. Milwaukee, except by connections to Study Advisory Committee, identified Richard Schimelfenyg, Statewide north-south transportation corridors. Alternative 12 as their preliminary Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7265 recommendation, while deferring the Among the alternatives that the DEIS/ community impacts, including land use selection of specific route and station MIS will evaluate are the No-Action and planning and zoning compatibility, location until the next stage of study, Transportation System Management neighborhood compatibility, local and preliminary engineering. The (TSM) alternatives; light rail transit, regional economic change, aesthetics, Alternative 12 concept included: freeway modernization, with and and utility relocation; cultural resource —17 miles of busway or special lanes without special lanes for buses and impacts, including effects on historic, for carpools and buses parallel to IH carpools; and combinations of freeway archeological, and park resources; and 94 between downtown Milwaukee modernization and fixed transit natural resource impacts, including air and the City of Waukesha, alternatives. Any new prudent and quality, noise and vibration, removal of —16 miles of light rail transit extending feasible alternatives generated through pre-existing hazardous wastes, and the Scoping process will also be from Glendale through downtown effects on water resources and quality, Milwaukee to the County Grounds in considered. Scoping will be accomplished natural features, and ecosystems. The western Milwaukee County, and a proposed impact assessment and its —30% increase in metro area bus through correspondence with interested persons, organizations, and federal, state evaluation criteria will take into account service split equally between both positive and negative impacts Milwaukee and Waukesha Counties. and local agencies and two public Scoping meetings. Written comments on direct and indirect impacts, short-term While Alternative 12 appeared to be the scope of alternatives and the type of (construction) and long-term (operation) the concept that best addressed the impacts to be considered should be sent impacts, and site-specific and corridor- needs of the corridor, there were issues to WisDOT by March 16, 1995. wide impacts. Evaluation criteria will be and concerns about specific route FHWA, FTA and WisDOT invite consistent with the applicable Federal, options for light rail and the busway. It interested individuals, organizations, State of Wisconsin, and local standards, became apparent that more detailed and federal, state and local agencies to work would be required on the exact criteria, regulations, and policies. participate in defining the alternatives Mitigation measures will be explored for alignments of light rail transit and to be evaluated in the MIS/EIS and special lanes as well as their benefits, any adverse impacts that are identified identifying any significant social, as part of the analysis. costs, and impacts before a locally economic, or environmental issues preferred alternative could be related to the alternatives. FHWA/FTA Procedures recommended. An information packet describing the Concurrent with the AA/EIS study, purpose of the project, the proposed In accordance with the Federal Aid the WisDOT was evaluating alternatives alternatives, the impact areas to be Highway Act and FHWA policy, and the for modernization of the IH 94 corridor evaluated, the citizen involvement Federal Transit Act, as amended, and in Waukesha and Milwaukee Counties, program, and the preliminary project FTA policy, the DEIS/MIS will be including reconstruction of the Zoo, schedule is being mailed to affected prepared in conjunction with an Stadium, and Marquette interchanges. federal, state and local agencies and to analysis of alternatives and initial The IH 94 modernization studies were interested parties on record. Others may Preliminary Engineering. After its considered as part of the No Build request the Scoping materials by publication, the DEIS/MIS will be scenario in the AA/EIS. However, the IH contacting Mr. James Beckwith at the available for public and agency review 94 modernization studies had to address listed above. and comment, and a public hearing will consider how transit alternatives Scoping comments may be made be held. On the basis of the DEIS/MIS presented in the AA/EIS would affect verbally at any of the public Scoping and the comments received, WisDOT design alternatives. meetings or in writing. Scoping will select a locally preferred alternative In order to be consistent with recent comments should focus on identifying rule changes to 23 CFR part 450, the for its major investment strategy. The specific social, economic or Regional Transportation System Plan FTA, FHWA, WisDOT and the environmental impacts to be evaluated and Transportation Improvement Southeastern Wisconsin Regional and suggesting alternatives which are Program will be revised to incorporate Planning Commission (the metropolitan less costly or less environmentally the selected strategy. Detailed planning organization, or MPO, for the damaging while achieving similar region) agreed that the IH 94 transportation objectives. Scoping is not Preliminary Engineering and modernization studies and the East- the approprite time to indicate a preparation of a Final EIS will be West Corridor transit studies be preference for a particular alternative. completed following FHWA and FTA combined in a Draft EIS and Major Comments on preferences should be approval. Investment Study (DEIS/MIS). communicated after the DEIS/MIS has (Catalog of Federal Domestic Assistance The DEIS/MIS will address issues been completed. If you wish to be Program Number 20.205, Highway Planning concerning specific route options, placed on the mailing list to receive and Construction; 20.500, Federal Transit alignments, and location of special lanes further information as the project Capital Improvement Grants; and 20.507, for potential transit facilities and will develops, contact Mr. James Beckwith at Federal Transit Capital Operating Assistance also define and evaluate IH 94 highway the address listed above. Formula Grants. The regulations improvements. The scope of work and implementing Executive Order 12372 Probable Effects alternatives proposed for evaluation in regarding intergovernmental consultation on the DEIS/MIS are consistent with the FHWA, FTA and WisDOT plan to Federal programs and activities apply to this Wisconsin Department of evaluate in the EIS all significant social, program. Transportation’s recently endorsed economic and environmental impacts of Issued on: January 27, 1995. Translinks 21 statewide transportation the alternatives. Among the primary Richard Schimelfenyg, plan as well as the Southeastern issues are transportation service Wisconsin Regional Planning changes, including transit cost, service, Statewide Projects Engineer, FHWA. Commission’s Regional Transportation patronage change, and its financial [FR Doc. 95–2882 Filed 2–6–95; 8:45 am] System Plan, adopted on December 7, implications; the effect on traffic BILLING CODE 4910±22±M 1994. movement and railroad operations; 7266 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices National Highway Traffic Safety readily altered to conform to all Occupant Protection in Interior Impact, Administration applicable Federal motor vehicle safety 202 Head Restraints. 204 Steering standards. Control Rearward Displacement, 205 [Docket No. 95±006; Notice 1] Petitions for eligibility decisions may Glazing Materials, 206 Door Locks and Notice of Receipt of Petition for be submitted by either manufacturers or Door Retention Components. 207 Decision That Nonconforming 1993, importers who have registered with Seating Systems, 209 Seat Belt 1994, and 1995 Mitsubishi 3000GT and NHTSA pursuant to 49 CFR part 592. As Assemblies, 210 Seat Belt Assembly 3000GT VR±4 Passenger Cars Are specified in 49 CFR 593.7, NHTSA Anchorages, 211 Wheel Nuts, Wheel Eligible for Importation publishes notice in the Federal Register Discs and Hubcaps, 212 Windshield of each petition that it receives, and Retention, 214 Side Impact Protection, AGENCY: National Highway Traffic affords interested persons an 216 Roof Crush Resistance, 219 Safety Administration, DOT. opportunity to comment on the petition. Windshield Zone Intrusion, 301 Fuel ACTION: Notice of receipt of petition for At the close of the comment period, System Integrity, and 302 decision that nonconforming 1993, NHTSA decides, on the basis of the Flammability of Interior Materials. 1994, and 1995 Mitsubishi 3000GT and petition and any comments that it has Additionally, the petitioner states that 3000GT VR–4 passenger cars are eligible received, whether the vehicle is eligible the non-U.S. certified 1993, 1994, and for importation. for importation. The agency then 1995 Mitsubishi 3000GT and 3000GT publishes this decision in the Federal VR–4 passenger cars comply with the SUMMARY: This notice announces receipt Register. Bumper Standard found in 49 CFR Part by the National Highway Traffic Safety J.K. Motors, Inc. of Kingsville, 581. Administration (NHTSA) of a petition Maryland (‘‘J.K.’’) (Registered Importer Petitioner also contends that the for a decision that 1993, 1994, and 1995 90–006) has petitioned NHTSA to vehicles are capable of being readily Mitsubishi 3000GT and 3000GT VR–4 decide whether 1993, 1994, and 1995 altered to meet the following standards, passenger cars that were not originally Mitsubishi 3000GT and 3000GT VR–4 in the manner indicated: manufactured to comply with all passenger cars are eligible for Standard No. 101 Controls and applicable Federal motor vehicle safety importation into the United States. The Displays. (a) Substitution of a lens standards are eligible for importation vehicles that J.K. believes to be marked ‘‘Brake’’ for a lens with an ECE into the United States because (1) they substantially similar are the 1993, 1994, symbol on the brake failure indicator are substantially similar to vehicles that and 1995 Mitsubishi 3000GT and lamp; (b) recalibration of the were originally manufactured for 3000GT VR–4 passengers cars that were speedometer/odometer from kilometers importation into and sale in the United manufactured for importation into, and to miles per hour. States and that were certified by its sale in, the United States and certified Standard No. 108 Lamps, Reflective manufacturer as complying with the by their manufacturer as conforming to Devices and Associated Equipment. (a) safety standards, and (2) they are all applicable Federal motor vehicle Installation of U.S.-model headlamps capable of being readily altered to safety standards. and front sidemarkers; (b) installation of conform to the standards. The petitioner claims that it carefully U.S.-model taillamp assemblies which DATES: The closing date for comments compared the non-U.S. certified 1993, incorporated rear sidemarkers; (c) on the petition is March 9, 1995. 1994, and 1995 Mitsubishi 3000GT and installations of a high mounted stop 3000GT VR–4 passenger cars to their ADDRESSES: Comments should refer to lamp. U.S. certified counterparts, and found the docket number and notice number, Standard No. 110 Tire Selection and those vehicles to be substantially similar and be submitted to: Docket Section, Rims. Installation of a tire information with respect to compliance with most Room 5109, National Highway Traffic placard. Federal motor vehicle safety standards. Safety Administration, 400 Seventh St., Standard No. 111 Rearview Mirror. J.K. submitted information with its Replacement of the passenger side SW, Washington, DC 20590. (Docket petition intended to demonstrate that hours are from 9:30 am to 4 pm) rearview mirror with a U.S.-model the non-U.S. certified 1993, 1994, and component. FOR FURTHER INFORMATION CONTACT: Ted 1995 Mitsubishi 3000GT and 3000GT Standard No. 114 Theft Protection. Bayler, Office of Vehicle Safety VR–4 passenger cars, as originally Installation of a warning buzzer Compliance, NHTSA (202–366–5306). manufactured, conform to many Federal microswitch and a warning buzzer in SUPPLEMENTARY INFORMATION: motor vehicle safety standards in the the steering lock assembly. same manner as their U.S. certified Standard No. 115 Vehicle Background counterparts, or are capable of being Identification Number. Installation of a Under 49 U.S.C. 30141(a)(1)(A) readily altered to conform to those VIN plate that can be read from outside (formerly section 108(c)(3)(A)(i)(I) of the standards. the left windshield pillar, and a VIN National Traffic and Motor Vehicle Specifically, the petitioner claims that reference label on the edge of the door Safety Act (the Act)), a motor vehicle the non-U.S. certified 1993, 1994, and or latch post nearest the driver. that was not originally manufactured to 1995 Mitsubishi 3000Gt and 3000GT Standard No. 208 Occupant Crash conform to all applicable Federal motor VR–4 passenger cars are identical to Protection. (a) Installation of a seat belt vehicle safety standards shall be refused their U.S. certified counterparts with warning buzzer, wired to the seat belt admission into the United States unless respect to compliance with Standards latch; (b) installation to knee bolsters to NHTSA has decided that the motor Nos. 102 Transmission Shift Lever augment the vehicles’ air bag based vehicle is substantially similar to a Sequence * * *, 103 Defrosting and passive restraint system. The petitioner motor vehicle originally manufactured Defogging Systems, 104 Windshield states that the 1993 models are for importation into and sale in the Wiping and Washing Systems, 105 equipped with a driver’s side air bag, United States, certified under 49 U.S.C. Hydraulic Brake Systems. 106 Brake and that the 1994 and 1995 models are 30115 (formerly section 114 of the Act), Hoses, 107 Reflecting Surfaces, 109 equipped with both driver’s and and of the same model year as the New Pneumatic Tires, 113 Hood Latch passenger’s side air bags, all of which model of the motor vehicle to be Systems, 116 Brake Fluid, 124 are identical to the air bags found on the compared, and is capable of being Accelerator Control Systems, 201 vehicles’ U.S.-certified counterparts. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7267 The petitioner further claims that the closing date will also be considered. ACTION: Notice of Grants and Denials of vehicles are equipped with manual lap Notice of final action on the petition Applications for Exemptions. and shoulder belts that have identical will be published in the Federal part numbers to those found on their Register pursuant to the authority SUMMARY: In accordance with the U.S.-certified counterparts. indicated below. procedures governing the application Interested persons are invited to Authority: 49 U.S.C. 30141 (a)(1)(A) and for, and the processing of, exemptions submit comments on the petition (b)(1); 49 CFR 593.8; delegations of authority from the Department of Transportation’s described above. Comments should refer at 49 CFR 1.50 and 501.8. Hazardous Materials Regulations (49 to the docket number and be submitted Issued on February 1, 1995. CFR Part 107, Subpart B), notice is to: Docket Section, National Highway William A. Boehly, hereby given of the exemptions granted Traffic Safety Administration, Room Associate Administrator for Enforcement. in April thru October 1993. The modes 5109, 400 Seventh Street, S.W., [FR Doc. 95–2913 Filed 2–6–95; 8:45 am] of transportation involved are identified Washington, DC 20590. It is requested BILLING CODE 4910±59±M by a number in the ‘‘Nature of but not required that 10 copies be Application’’ portion of the table below submitted. as follows: 1—Motor vehicle, 2—Rail All comments received before the Research and Special Programs freight, 3—Cargo vessel, 4—Cargo Administration close of business on the closing date aircraft only, 5—Passenger-carrying indicated above will be considered, and Grants and Denials of Applications for aircraft. Application numbers prefixed will be available for examination in the Exemptions by the letters EE represent applications docket at the above address both before for Emergency Exemptions. and after that date. To the extent AGENCY: Research and Special Programs possible, comments filed after the Administration, DOT. MODIFICATION AND PARTY TO EXEMPTIONS Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 1862±P DOT±E 1862 Robert Bosch Fluid 49 CFR 173.302(a)(1), To become a party to exemption 1862 (modes 1, 2, Power, Racine, WI. 175.3. 3, 4). 3667±P DOT±E 3667 Petro Source Partners, 49 CFR 173.315(a) ...... To become a party to exemption 3667 (mode 1). Ltd., Dumas, TX. 4453±P DOT±E 4453 Senex Explosives, Inc., 49 CFR 172.101, To become a party to exemption 4453 (modes 1, 3). Cuddy, PA. 173.114a(h)(3), 176.415, 176.83. 4453±P DOT±E 4453 Winchester Building Sup- 49 CFR 172.101, To become a party to exemption 4453 (modes 1, 3). ply Co., Inc., Win- 173.114a(h)(3), chester, VA. 176.415, 176.83. 4575±P DOT±E 4575 Allied-Signal, Inc., Morris- 49 CFR 173.314(c), To become a party to exemption 4575 (modes 1, 2, town, NJ. 173.315(a). 3). 4850±P DOT±E 4850 Accurate Arms Company, 49 CFR 173.100(cc), To become a party to exemption 4850 (modes 1, 2, Inc., McEwen, TN. 175.3. 3, 4). 4884±P DOT±E 4884 Allied-Signal, Inc., Morris- 49 CFR 173.119(m), To become a party to exemption 4884 (modes 1, 2, town, NJ. 173.136, 173.247, 3, 4). 173.251, 173.3(a), 173.302(a)(1), 173.304, 175.3, 178.61. 4884±P DOT±E 4884 OSI Specialties, Inc., 49 CFR 173.119(m), To become a party to exemption 4884 (modes 1, 2, Sistersville, WV. 173.136, 173.247, 3, 4). 173.251, 173.3(a), 173.302(a)(1), 173.304, 175.3, 178.61. 6309±P DOT±E 6309 Fomo Products, Inc., Nor- 49 CFR 173.315(a)(1), To become a party to exemption 6309 (modes 1, 2). ton, OH. 174.63(b). 6530±P DOT±E 6530 Gulf States Airgas, Inc., 49 CFR 173.302(c) ...... To become a party to exemption 6530 (modes 1, 2). Mobile, AL. 6530±P DOT±E 6530 Standard Welders Supply 49 CFR 173.302(c) ...... To become a party to exemption 6530 (modes 1, 2). Co., Memphis, TN. 6611±P DOT±E 6611 Air Products Helium, Inc., 49 CFR 173.318(a) ...... To become a party to exemption 6611 (modes 1, 3). (APHI), Allentown, PA. 6626±P DOT±E 6626 Haun Welding Supply, 49 CFR 173.34(e)(15(i), To become a party to exemption 6626 (modes 1, 2, Inc., Syracuse, NY. 173.34(e)(15)(v), 175.3. 3, 4, 5). 6626±P DOT±E 6626 Holox, Ltd., Atlanta, GA ... 49 CFR 173.34(e)(15(i), To become a party to exemption 6626 (modes 1, 2, 173.34(e)(15)(v), 175.3. 3, 4, 5). 6626±P DOT±E 6626 Auto Gas Light Welding 49 CFR 173.34(e)(15)(i), To become a party to exemption 6626 (modes 1, 2, Supply Co., Inc., Clifton, 173.34(e)(15)(v), 175.3. 3, 4, 5). NJ. 6691±P DOT±E 6691 Geneva Welding Supply 49 CFR 173.34(e)(15)(i), To become a party to exemption 6691 (modes 1, 2, Inc., Geneva, NY. Part 107, Subpart B, 3, 4). Appendix B. 6691±P DOT±E 6691 CryoGas Corp., Syracuse, 49 CFR 173.34(e)(15)(i), To become a party to exemption 6691 (modes 1, 2, NY. Part 107, Subpart B, 3, 4). Appendix B. 7268 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices MODIFICATION AND PARTY TO EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 6691±P DOT±E 6691 Acetylene Oxygen Com- 49 CFR 173.34(e)(15)(i), To become a party to exemption 6691 (modes 1, 2, pany, Harlingen, TX. Part 107, Subpart B, 3, 4). Appendix B. 6765±P DOT±E 6765 Air Products Helium, Inc. 49 CFR 172.203, To become a party to exemption 6765 (modes 1, 3). (APHI), Allentown, PA. 173.318, 173.320, 176.30, 176.76(h), 177.840, 178.338. 6874±X DOT±E 6874 Degussa Corporation, 49 CFR 172.101, Authorizes the transport of sodium and potassium Ridgefield Park, NJ. 173.370(a)(13). cyanides in non-DOT specification wooden boxes (modes 1, 2, 3). 6874±X DOT±E 6874 Degussa Corporation, 49 CFR 172.101, Authorizes the transport of sodium and potassium Ridgefield Park, NJ. 173.370(a)(13). cyanidesin non-DOT specification wooden boxes (modes 1, 2, 3). 6932±P DOT±E 6932 Produven, Caracas, Ven- 49 CFR 173.264(b)(4) ...... To become a party to exemption 6932 (modes 1, 3). ezuela. 7770±P DOT±E 7770 Produven, Caracas, Ven- 49 CFR 173.143, To become a party to exemption 7770 (modes 1, 2, ezuela. 173.264(b)(4), 3). 174.63(b). 7891±P DOT±E 7891 Nite Lite Company, 49 CFR 172.400, To become a party to exemption 7891 (modes 1, 2, Clarksville, AR. 172.402(a)(2), 4). 172.402(a)(3), 172.504 Table 1, 172.504(a), 173.126, 173.138, 173.237, 173.246, 173.25(a), 175.3. 7891±P DOT±E 7891 Albright & Wilson Ameri- 49 CFR 172.400, To become a party to exemption 7891 (modes 1, 2, cas, Ashland, VA. 172.402(a)(2), 4). 172.402(a)(3), 172.504 Table 1, 172.504(a), 173.126, 173.138, 173.237, 173.246, 173.25(a), 175.3. 7951±P DOT±E 7951 Rich Products Corpora- 49 CFR 173.306(b)(1), To become a party to exemption 7951 (modes 1, 2, tion, Buffalo, NY. 175.3, 178.33. 3, 4, 5). 7963±P DOT±E 7963 Zeneca, Inc. Wilmington 49 CFR 173.245, To become a party to exemption 7963 (modes 1, 2, DE. 173.356, 173.360(a)(5). 3). 7987±P DOT±E 7987 Zeneca, Inc., Wilmington, 49 CFR 173.343, 173.377 To become a party to exemption 7987 (modes 1,2). DE. 7991±P DOT±E 7991 Atlanta & Saint Andrews 49 CFR Parts 100±177 .... To become a party to exemption 7991 (mode 1). Bay Railway Company, Panama City, FL. 8006±X DOT±E 8006 Esquire Novelty Corpora- 49 CFR 172.400(a), Authorizes the transport of unlabeled packages of tion, Amsterdam, NY. 172.504 Table 2. toy paper or plastic caps complying with the re- quirements of 49 CFR 00(p) and 173.109, in motor vehicles with placards, when the gross weight of the caps is 1000 pounds or more (modes 1, 2, 3, 4). 8035±P DOT±E 8035 Young Wireline Service, 49 CFR 173.100(v), To become a party to exemption 8035 (modes 1, 2, Inc., Charleston, WV. 173.112, 175.3. 3, 4). 8151±P DOT±E 8151 Ropak Corporation, Fuller- 49 CFR 178.19, Part 173, To become a party to exemption 8151 (modes 1, 2, ton, CA. Subparts D, and F. 3). 8196±P DOT±E 8196 Compagnie des Contain- 49 CFR 173.119, To become a party to exemption 8196 (modes 1, 2, ers Reservoires, Paris 173.315(a), 178.245. 3). la Defense, France. 8214±P DOT±E 8214 Allied Signal Automotive 49 CFR 171.11 (see para- To become a party to exemption 8214 (modes 1, 2, Safety Restraint Sys- graph 8.d.), 173.153, 3, 4). tems, Sterling Heights, 173.154, 175.3. MI. 8215±X DOT±E 8215 Olin CorporationÐWin- 49 CFR 173.101, Authorizes the shipment of certain identified Class chester Division, East 173.107, 173.154, A, B and C explosives in non-DOT specification Alton, IL. 173.184, 173.60, containers (modes 1, 2). 173.74, 173.78, 173.93. 8249±X DOT±E 8249 LPS Industries, Inc., New- 49 CFR 172.400, Authorizes hazardous materials, which are required ark, NJ. 172.402(a)(2), to bear the POISON label, to be transported with- 172.402(a)(2), out the label when shipped in prescribed packag- 172.402(a)(3), ing (modes 1, 2, 4, 5). 172.504(a) and Table 1, 173.126, 172.138, 173.237, 173.246, 173.25(a), 173.3, 175.3. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7269 MODIFICATION AND PARTY TO EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 8273±P DOT±E 8273 Takata Moses Lake, Inc., 49 CFR 171.11 (see para- To become a party to exemption 8273 (modes 1, 2, Moses Lake, WA. graph 8.d.), 173.153, 3, 4). 173.154, 175.3. 8445±P DOT±E 8445 Ecosystems Management, 49 CFR 173, Subparts D, To become a party to exemption 8445 (mode 1). Inc., Lafayette, LA. E, F, H. 8445±P DOT±E 8445 ENSCO, Inc., El Dorado, 49 CFR 173, Subparts D, To become a party to exemption 8445 (mode 1). AR. E, F, H. 8451±P DOT±E 8451 High Energy International, 49 CFR 173.65, To become a party to exemption 8451 (modes 1, 2, Fort Worth, TX. 173.86(e), 175.3. 3, 4). 8451±P DOT±E 8451 Pacific Scientific, Energy 49 CFR 173.65, To become a party to exemption 8451 (modes 1, 2, Dynamics Division, 173.86(e), 175.3. 3, 4). Chandler, AZ. 8451±P DOT±E 8451 Special Devices, Inc., 49 CFR 173.65, To become a party to exemption 8451 (modes 1, 2, Newhall, CA. 173.86(e), 175.3. 3, 4). 8451±P DOT±E 8451 Siebelair International, 49 CFR 173.65, To become a party to exemption 8451 (modes 1, 2, Inc., Richmond, CA. 173.86(e), 175.3. 3, 4). 8451±P DOT±E 8451 SCB Technologies, Inc., 49 CFR 173.65, To become a party to exemption 8451 (modes 1, 2, Albuquerque, NM. 173.86(e), 175.3. 3, 4). 8453±P DOT±E 8453 Kesco, Inc., Butler, PA ..... 49 CFR 173.114a ...... To become a party to exemption 8453 (modes 1, 3). 5541±P DOT±E 8554 Kesco, Inc., Butler, CA .... 49 CFR 173.114a, To become a party to exemption 8554 (modes 1, 3). 173.154, 173.93. 8554±P DOT±E±8554 Explosives Supply, Inc., 49 CFR 173.114a, To become a party to exemption 8554 (modes 1, 3). Ringwood, NJ. 173.154, 173.93. 8554±P DOT±E±8554 Farmers Supply & Explo- 49 CFR 173.114a, To become a party to exemption 8554 (modes 1, 3). sives, Inc., Barbourville, 173.154, 173.93. KY. 8554±P DOT±E±8554 Vet's Explosives, Inc., 49 CFR 173.114a, To become a party to exemption 8554 (modes 1, 3). Torrington, CT. 173.154, 173.93. 8554±P DOT±E±8554 Boren-Ireco Co., Inc., Par- 49 CFR 173.114a, To become a party to exemption 8554 (modes 1, 3). rish, AL. 173.154, 173.93. 8554±P DOT±E±8554 Conex, Inc., Derby, IN ..... 49 CFR 173.114a, To become a party to exemption 8554 (modes 1, 3). 173.154, 173.93. 8556±X DOT±E±8556 Air Products and Chemi- 49 CFR 172.203, To authorize use of non-DOT specification portable cals, Inc., Allentown, PA. 173.318, 173.320, tanks for shipment of certain non-flammable or 176.30, 176.76(h), flammable gases with a maximum allowable work- 177.840, 178.338. ing pressure of 151 psig or 161 psig (modes 1, 2). 8556±X DOT±E±8556 Air Products and Chemi- 49 CFR 172.203, To modify the exemption to provide for overstowage cals, Inc., Allentown, PA. 173.318, 173.320, of portable tanks containing helium, refrigerated 176.30, 176.76(h), liquid (modes 1, 2). 177.840, 178.338. 8556±P DOT±E±8556 Air Products Helium, Inc. 49 CFR 172.203, To become a party to exemption 8556 (modes 1, 2). (APHI), Allentown, PA. 173.318, 173.320, 176.30, 176.76(h), 177.840, 178.338. 8556±P DOT±E±8556 Linde Puerto Rico, Inc., 49 CFR 172.203, To become a party to exemption 8556 (modes 1, 2). Gurabo, PR. 173.318, 173.320, 176.30, 176.76(h), 177.840, 178.338. 8582±P DOT±E±8582 Columbia Colt Terminal, 49 CFR Parts 100±177 .... To become a party to exemption 8582 (mode 1). Columbia, MO. 8710±X DOT±E±8710 Akzo Chemicals, Inc., Chi- 49 CFR 173.119, 173.21, Authorizes the shipment of an organic peroxide cago, IL. 173.221. classed as a flammable liquid in a DOT Specifica- tion MC±307/312 cargo tank equipped with tem- perature and pressure sensing devices (mode 1). 8723±P DOT±E±8723 Senex Explosives, Inc., 49 CFR 172.101, To become a party to exemption 8723 (modes 1, 2). Cuddy, PA. 173.114a(h)(3), 173.154, 176.415, 176.83. 8723±P DOT±E±8723 Dyno New England, Inc., 49 CFR 172.101, To become a party to exemption 8723 (modes 1, 2). Middlefield, CT. 173.114a(h)(3), 173.154, 176.415, 176.83. 8723±P DOT±E 8723 Dyno New England, Inc., 49 CFR 172.101, To become a party to exemption 8723 (modes 1, 2). Middlefield, CT. 173.114a(h)(3), 173.154, 176.415, 176.83. 8723±P DOT±E 8723 W.H. Burt Explosives, 49 CFR 172.101, To become a party to exemption 8723 (modes 1, 2). Inc., Moab, UT. 173.114a(h)(3), 173.154, 176.415, 176.83. 7270 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices MODIFICATION AND PARTY TO EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 8725±X DOT±E 8725 CNG Cylinder Company 49 CFR 173.302(a) ...... To modify the exemption to increase the service of North America, Long pressure from 3,000 psi to 3,600 psi for non-DOT Beach, CA. fiber reinforced plastic hoop wrapped cylinder con- taining certain flammable and nonflammable gases (mode 1). 8725±X DOT±E 8725 CNG Cylinder Corpora- 49 CFR 173.302(a) ...... To modify exemption to reduce the design qualifica- tion, Long Beach, CA. tion cycling requirements for non-DOT specifica- tion cylinders for shipment of nonflammable gases (mode 1). 8725±X DOT±E 8725 CNG Cylinder Company, 49 CFR 173.302(a) ...... To manufacture, mark and sell a non-DOT Speci- Long Beach, CA. fication fiber reinforced plastic cylinder of 3,600 psi for shipment of certain flammable and nonflammable gases (mode 1). 8791±P DOT±E 8791 Zeneca, Inc., Wilmington, 49 CFR 173.245a, To become a party to exemption 8791 (modes 1, 2, DE. 173.3(a), 178.245±1. 3). 8845±P DOT±E 8845 Young Wireline Service, 49 CFR 173.110(c)(1), To become a party to exemption 8845 (modes 1, 3). Inc., Charleston, WV. 173.80(b), 173.80(c). 8915±P DOT±E 8915 Air Products and Chemi- 49 CFR 173.301(d), To become a party to exemption 8915 (modes 1, 3). cals, Inc., Allentown, PA. 173.302(a)(3).. 8915±P DOT±E 8915 Daido Hoxan Inc., Osaka, 49 CFR 173.301(d), To become a party to exemption 8915 (modes 1, 3). Japan. 173.302(a)(3). 8915±P DOT±E 8915 Epichem Limited, 49 CFR 173.301(d), To become a party to exemption 8915 (modes 1, 3). Merseyside, UK. 173.302(a)(3). 8943±P DOT±E 8943 Franklin Environmental 49 CFR 173.154 ...... To become a party to exemption 8943 (mode 1). Services, Inc., Wrentham, MA. 8958±P DOT±E 8958 High Energy International, 49 CFR 172.101, 173.60 . To become a party to exemption 8958 (modes 1, 2). Fort Worth, TX. 8988±P DOT±E 8988 High Energy International, 49 CFR 172.101, To become a party to exemption 8988 (modes 1, 3, Fort Worth, TX. 173.110, 173.80, 4). 175.30. 8990±X DOT±E 8990 Scott High Pressure Tech- 49 CFR 173.302(a)(1), To modify exemption to provide for flammable gas, nology, Plumsteadville, 175.3, 178.65±2, Division 2.1, as an additional commodity for trans- PA. 178.65±5(a)(4). portation in non-DOT specification cylinder (modes 1, 2, 3, 4). 9168±X DOT±E 9168 All-Pak, Inc., Buffalo, NY . 49 CFR 172.504, Authorizes the manufacture, marking, and sale of 173.118, 173.244, specially designed composite type packaging, for 173.3, 173.345, shipment of small quantities of various flammable, 173.346, 173.359, corrosive, and poison B liquids and solids shipped 173.370, 173.377, without labels (modes 1, 2, 4, 5). 175.3, 175.33, Part 172, Subpart E. 9198±P DOT±E 9198 Idaho Department of 49 CFR 175.5(a)(2) ...... To become a party to exemption 9198 (mode 4). Lands, Coeur d'Alene, ID. 9222±P DOT±E 9222 LWD Trucking, Inc., Cal- 49 CFR 173.154 ...... To become a party to exemption 9222 (mode 1). vert City, KY. 9262±P DOT±E 9262 High Energy International, 49 CFR 173.100(v), To become a party to exemption 9262 (modes 1, 3, Fort Worth, TX. 175.30. 4). 9262±P DOT±E 9262 Young Wireline Service, 49 CFR 173.100(v), To become a party to exemption 9262 (modes 1, 3, Inc., Charleston, WV. 175.30. 4). 9275±P DOT±E 9275 Florasynth Inc., Teterboro, 49 CFR Parts 100±199 .... To become a party to exemption 9275 (modes 1, 2, NJ. 3, 4, 5). 9275±P DOT±E 9275 Erno Laszlo, Ltd., Roa- 49 CFR Parts 100±199 .... To become a party to exemption 9275 (modes 1, 2, noke, VA. 3, 4, 5). 9275±P DOT±E 9275 Noville Essential Oil Com- 49 CFR Parts 100±199 .... To become a party to exemption 9275 (modes 1, 2, pany, Inc., North Ber- 3, 4, 5). gen, NJ. 9275±P DOT±E 9275 Custom Essence, Inc., 49 CFR Parts 100±199 .... To become a party to exemption 9275 (modes 1, 2, Somerset, NJ. 3, 4, 5). 9275±P DOT±E 9275 David Michael & Co., Inc., 49 CFR Parts 100±199 .... To become a party to exemption 9275 (modes 1, 2, Philadelphia, PA. 3, 4, 5). 9275±P DOT±E 9275 Houbigant, Inc., 49 CFR Parts 100±199 .... To become a party to exemption 9275 (modes 1, 2, Ridgefield, NJ. 3, 4, 5). 9275±P DOT±E 9275 Muelhens Inc., Orange, 49 CFR Parts 100±199 .... To become a party to exemption 9275 (modes 1, 2, CT. 3, 4, 5). 9275±P DOT±E 9275 Emery Worldwide, New- 49 CFR Parts 100±199 .... To become a party to exemption 9275 (modes 1, 2, ark, NJ. 3, 4, 5). 9281±P DOT±E 9281 Highway Energy Inter- 49 CFR 172.101, 173.100 To become a party to exemption 9281 (modes 1, 2, national, Fort Worth, TX. 3, 4). Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7271 MODIFICATION AND PARTY TO EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 9316±X DOT±E 9316 Fluoroware, Inc., Chaska, 49 CFR 173.268, Authorizes the manufacture, marking, and sale of a MN. 173.28(k), 173.299, non-DOT specification inside packaging of teflon 178.35, 178.35a, Part PFA plastic, similar to DOT±2SL, contained in a 173, Subpart F. DOT±6D steel overpack, for shipment of up to 70 percent nitric acid and those corrosive liquids au- thorized in a DOT±6D/2SL or 2SL composite packaging (modes 1, 2, 3). 9346±X DOT±E 9346 Koppers Industries, Inc., 49 CFR 174.67(a)(2) ...... To authorize setting of the brakes and blocking the Pittsburgh, PA. wheels of the first and last tank cars on up to a twelve tank car assembly, instead of each individ- ual car, when engaged in unloading crude oil and petroleum (mode 2). 9346±P DOT±E 9346 Allied-Signal, Inc., Hope- 49 CFR 174.67(a)(2) ...... To become a party to exemption 9346 (mode 2). well, VA. 9485±X DOT±E 9485 Chem-Tech, Limited, Des 49 CFR 173.305 ...... Authorizes the transport of an insecticide, liquefied Moines, IA. gas mixture in DOT Specification 4BA260 cyl- inders (modes 1, 2, 3). 9549±P DOT±E 9549 High Energy International, 49 CFR 173.100(v), To become a party to exemption 9549 (modes 1, 3, Fort Worth, TX. 175.30. 4). 9607±P DOT±E 9607 Schafco, Lancaster, PA ... 49 CFR Parts 100±199 .... To become a party to exemption 9607 (modes 1, 4, 5). 9623±P DOT±E 9623 Piedmont Explosives, Inc., 49 CFR 177.835(c)(3) ...... To become a party to exemption 9623 (mode 1). Statesville, NC. 9645±X DOT±E 9645 Bonar Plastics, Inc., Lind- 49 CFR 173.119, To authorize an additional design non-DOT speci- say, Ontario, CN. 173.256, 173.266, fication polyethylene portable tank and to provide 178.19, 178.253, Part for shipment of organochlorine pesticides liquid, 173, Subpart F. toxid, n.o.s. division 6.1 as additional commodity (modes 1, 2). 9694±P DOT±E 9694 Advance Chemical Dis- 49 CFR 173.315(i)(13), To become a party to exemption 9694 (mode 1). tribution, Inc., Sand 173.33(f)(9), Springs, OK. 173.33(h)(5)(i). 9723±P DOT±E 9723 Security Environmental 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). Systems, Inc., Los An- geles, CA. 9723±P DOT±E 9723 Mr. Frank, Inc., Matteson, 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). IL. 9723±P DOT±E 9723 Clean Harbors of Natick, 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). Inc., Natick, MA. 9723±P DOT±E 9723 Rollins, CHEMPAK, Inc., 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). Wilmington, DE. 9723±P DOT±E 9723 Environmental Transport 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). Systems, Jamestown, ND. 9723±P DOT±E 9723 Northeast Environmental 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). Services, Inc., Canastota, NY. 9723±P DOT±E 9723 ENSCI Environmental, 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). Inc., Raleigh, NC. 9723±P DOT±E 9723 Consolidated Waste In- 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). dustries, Inc., Montclair, CA. 9723±P DOT±E 9723 Special Resource Man- 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). agement Inc., Butte, MT. 9723±P DOT±E 9723 ENSR Operations, Can- 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). ton, OH. 9758±X DOT±E 9758 Camping Gaz Inter- 49 CFR 173.304(d)(3)(ii), To authorize shipment of certain flammable gases in national, Paris, Francis. 178.33. a nonrefillable, non-DOT specification inside con- tainer conforming with the DOT Specification 29 except for diameter and capacity (modes 1, 2, 3, 4). 9758±X DOT±E 9758 Insulation Material Cor- 49 CFR 173.304(d)(3)(ii), To modify the exemption to include cargo aircraft as poration of America, 178.33. an additional mode of transportation (modes 1, 2, Haltom City, TX. 3, 4). 9758±P DOT±E 9758 Insulation Material Cor- 49 CFR 173.304(d)(3)(ii), Request party status and to modify the exemption to poration of America, 178.33. include cargo aircraft as an additional mode of Haltom City, TX. transportation (modes 1, 2, 3, 4). 9769±P DOT±E 9769 Tri-State Environmental, 49 CFR 176.83, 177.848 . To become a party to exemption 9769 (modes 1, 2, Inc., Romulus, MI. 3). 9953±P DOT±E 9953 ZENECA Specialty Inks, 49 CFR 177.834(i)(2)(i) .... To become a party to exemption 9953 (mode 1). Winston-Salem, NC. 7272 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices MODIFICATION AND PARTY TO EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 9969±X DOT±E 9969 G.C. Industries, Inc., Fre- 49 CFR 173.119, Authorizes the transport of small amounts of liquids mont, CA. 173.121, 173.123, and gases in diffusion tubes overpacked in 173.124, 173.141, capped pipe nipples (modes 1, 2, 3, 4). 173.145, 173.251, 173.252, 173.255, 173.264, 173.276, 173.302, 173.304, 173.328, 173.333, 173.336, 173.337, 173.352. 10001±P DOT±E 10001 Interstate Welding Sales 49 CFR 173.316, 173.320 To become a party to exemption 10001 (mode 1). Corporation, Marinette, WI. 10001±P DOT±E 10001 Barclay Company, Mason 49 CFR 173.316, 173.320 To become a party to exemption 10001 (mode 1). City, IA. 10040±P DOT±E 10040 ZENECA Inc., Wilmington, 49 CFR 173.133 ...... To become a party to exemption 10040 (modes 1, DE. 3). 10045±X DOT±E 10045 Federal Express Corpora- 49 CFR 173.447(a), Authorizes the transportation of non-fissile radio- tion, Memphis, TN. 177.842(a), 177.842(b). active materials packages in specifically approved locations aboard highway vehicles when their combined transport indices exceed 50 or the sep- aration distance criteria cannot be met (mode 1). 10097±X DOT±E 10097 Hercules Aerospace Com- 49 CFR 173.88(e)(2)(ii), Authorizes the transport of rocket motors in a pro- pany, Magna, UT. 173.92(a)(1), 173.92(b). pulsive state and with igniters installed in packag- ing not authorized in 49 CFR 173.92 (mode 1). 10101±P DOT±E 10101 North East Welding Sup- 49 CFR 173.301(c), To become a party to exemption 10101 (mode 1). ply Corp., Auburn, MA. 173.34(e)(15). 10165±P DOT±E 10165 Arizona Department of 49 CFR 173.118, 173.31, To become a party to exemption 10165 (mode 5). Commerce, Phoenix, 175.30, 175.85, Part AZ. 107, Appendix B, Part 172, Subparts C, D, E. 10171±X DOT±E 10171 Eurotainer USA, Somer- 49 CFR 173.123, Authorizes the use of a non-DOT Specification IMO set, NJ. 173.315, 178.245. Type 5 portable tank for shipment of certain com- pressed gases and flammable liquid (modes 1, 2, 3). 10184±X DOT±E 10184 Praxair, Inc. Danbury, CT 49 CFR 173.34(e)(10), Authorizes the shipment of a specific gas mixture in 173.34(e)(9). DOT Specification 4B, 4BA or 4BW cylinders re- tested in accordance with the provisions of 49 CFR 173.34(e)((9) and (e)(10) (modes 1, 2, 3). 10184±P DOT±E 10184 Allied-Signal, Inc., Morris- 49 CFR 173.34(e)(10), To become a party to exemption 10184 (modes 1, 2, town, NJ. 173.34(e)(9). 3). 10230±X DOT±E 10230 21st Century Containers, 49 CFR 173.128, Authorizes the manufacture, marking and sale of Ltd., Atlanta, GA. 173.132, 173.266, Part non-DOT specification, injection molded, crosslink 173 Subpart F. thermoset olef in hydrocarbon portable tank for the shipment of corrosive liquids, flammable liq- uids, or an oxidizer (modes 1, 2). 10230±X DOT±E 10230 21st Century Containers, 49 CFR 173.128, Authorizes the manufacture, marking and sale of Ltd., Atlanta, GA. 173.132, 173.266, Part non-DOT specification, injection molded, crosslink 173 Subpart F. thermoset olefin hydrocarbon portable tank for the shipment of corrosive liquids, flammable liquids, or an oxidizer (modes 1, 2). 10247±P DOT±E 10247 G.C. Industries, Inc., Fre- 49 CFR 173.4 ...... To become a party to exemption 10247 (modes 1, 2, mont, CA. 4). 10262±X DOT±E 10262 Van Leer Tay Limited, 49 CFR 173.245b ...... To renew and modify exemption to provide for addi- Dundee, Scotland. tional commodity classed as Poisonous material for transportation in bulk bags (modes 1, 2, 3). 10307±P DOT±E 10307 Georgia Gulf Corporation, 49 CFR 179.200±18, To become a party to exemption 10307 (mode 2). Plaquemine, LA. 179.201±1. 10318±X DOT±E 10318 Sonoco IBC, Lavonia, GA 49 CFR 173.119, To modify exemption to provide for combustible liq- 173.125, 173.266, uid as an additional class of material for shipment 173.276, 173.346, Part by cargo vessel (modes 1, 2, 3). 173, Subpart F. 10346±P DOT±E 10346 James River Pennington 49 CFR 174.67(i) and (j), To become a party to exemption 10346 (mode 2). Inc., Pennington, AL. Part 107, Appendix B. 10346±P DOT±E 10346 St. Joe Forest Products 49 CFR 174.67(i) and (j), To become a party to exemption 10346 (mode 2). Company, Port St. Joe, Part 107, Appendix B. FL. 10346±P DOT±E 10346 Teledyne Wah Chang Al- 49 CFR 174.67(i) and (j), To become a party to exemption 10346 (mode 2). bany, Albany, OR. Part 107, Appendix B. 10382±P DOT±E 10382 Zeneca, Inc., Wilmington, 49 CFR 173.245(a) ...... To become a party to exemption 10382 (mode 2). DE. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7273 MODIFICATION AND PARTY TO EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 10441±P DOT±E 10441 Security Environmental 49 CFR 177.848 ...... To become a party to exemption 10441 (mode 1). System, Inc., Los Ange- les, CA. 10441±P DOT±E 10441 Environmental Enter- 49 CFR 177.848 ...... To become a party to exemption 10441 (mode 1). prises, Inc., Cincinnati, OH. 10441±P DOT±E 10441 Broco Environmental, Inc., 49 CFR 177.848 ...... To become a party to exemption 10441 (mode 1). Rialto, CA. 10441±P DOT±E 10441 Midwest Environmental 49 CFR 177.848 ...... To become a party to exemption 10441 (mode 1). Transport, Inc., Fair- field, OH. 10469±P DOT±E 10469 Zeneca, Inc., Wilmington, 49 CFR 173.271(a)(11), To become a party to exemption 10469 (mode 2). DE. 173.3(a). 10513±X DOT±E 10513 Great Lakes Chemical 49 CFR 173.154 ...... Authorizes the use of a flexible intermediate bulk Corporation, West La- containers, having a capacity of either 500 or fayette, IN. 1,000 pounds, overpacked in pallet mounted, fi- berboard containers for shipment of a certain solid oxidizer (mode 1). 10541±X DOT±E 10541 Aerojet Propulsion Divi- 49 CFR 173.92 ...... Authorizes the transportation of rocket motors via sion, Sacramento, CA. highway (mode 1). 10647±P DOT±E 10647 Wilbur-Ellis Company, 49 CFR 174.67(i) and (j), To become a party to exemption 10647 (mode 2). Fresno, CA. Part 107, Appendix B. 10659±X DOT±E 10659 Consani Engineering 49 CFR 178.345±8 ...... To authorize the manufacture, mark and sale of non- (PTY) Limited, Republic DOT specification portable tank containers com- of South Africa. plying with specifications DOT±407 and DOT±412 for transportation of hazardous waste substances (modes 1, 2, 3). 10683±P DOT±E 10683 Witco Corporation, New 49 CFR 173.242, To become a party to exemption 10683 (modes 1, 2, York, NY. 178.245±1(a). 3). 10695±P DOT±E±10695 AMSCO International, 49 CFR 172.101, To become a party to exemption 10695 (modes 1, Inc., Erie, PA. 172.400(b), 172.504(e). 2). 10698±X DOT±E±10698 Chilton Metal Products Di- 49 CFR 173.304(a)(2), To authorize the manufacture, mark and sale of vision, Chilton, WI. 178.50. DOT specification 48 refillable 13 and 16 ounce cylinders for shipment of propane and refrigerant gas, exempt from various marking, testing and re- porting requirements (modes 1, 2). 10717±P DOT±E±10717 General Chemical Cor- 49 CFR 173.31 RETEST To become a party to exemption 10717 (mode 2). poration, Parsippany, TABLE 1, Retest Table NJ. 1. 10733±P DOT±E±10733 SUSPA Compart A.G., 49 CFR 173.306(f)(2)(iii) To become a party to exemption 10733 (modes 1, 2, 8503 Altdorf, Germany. and (f)(3), 175.3. 3, 4, 5). 10733±P DOT±E±10733 Verlin S.A., 9442 Berneck, 49 CFR 173.306(f)(2)(iii) To become a party to exemption 10733 (modes 1, 2, Switzerland. and (f)(3), 175.3. 3, 4, 5). 10775±X DOT±E±10775 Elkhart Plastics, Incor- 49 CFR 173, 173.119, To modify exemption to provide for cargo vessel as porated, Middlebury, IN. 173.125, 173.245, an additional mode of transportation for transport- 173.249, 173.249(a), ing various hazardous materials in non-DOT spec- 173.250(a), 173.256, ification portable tanks (modes 1, 2, 3). 173.257, 173.262, 173.263, 173.264, 173.265, 173.266, 173.269, 173.272, 173.276, 173.277, 173.283, 173.287, 173.288, 173.289, 173.292, 173.297, 173.299(a). 10845±P DOT±E±10845 LCP Chemicals, Linden, 49 CFR 173.29(c)(2) and To become a party to exemption 10845 (mode 2). NJ. 173.31(c). 10845±P DOT±E±10845 ASHTA Chemicals, Inc., 49 CFR 173.29(c)(2) and To become a party to exemption 10845 (mode 2). Ashtabula, OH. 173.31(c). 10845±P DOT±E±10845 Public Service Electric 49 CFR 173.29(c)(2) and To become a party to exemption 10845 (mode 2). and Gas Company 173.31(c). (PSE&G), Newark, NJ. 10883±P DOT±E±10883 Eastpak Corporation, Mt. 49 CFR 173.197 ...... To become a party to exemption 10883 (mode 1). Kisco, NY. 10886±X DOT±E 10886 Eco-Pak, Inc., 49 CFR 173.201, To reissue an exemption, originally issued on an Elizabethton, TN. 173.202, 173.203, emergency basis to authorize the manufacture, 173.226 and 173.227. marking and sale of a UN 1A1W stainless steel drum for the shipment of certain Class 3, 8 and 9 materials and Division 4.1, 4.2, 4.3, 5.1 and 6.1 materials (modes 1, 2, 3, 4). 7274 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices MODIFICATION AND PARTY TO EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 10886±X DOT±E 10886 Eco-Pak, Inc., 49 CFR 173.201, To modify exemption to authorize construction of Elizabethton, TN. 173.202, 173.203, equivalent material with rolling hoops in addition to 173.226 and 173.227. stainless steel construction of UN1A1W drums for use as overpack in transporting various Class 7 hazardous material (modes 1, 2, 3, 4). 10916±X DOT±E 10916 Nalco Chemical Com- 49 CFR Part 173, Subpart To authorize the use of a plastic discharge valve on pany, Naperville, IL. F and 178.251±2(a). DOT specification 57 portable tank for use in transporting various classes of hazardous mate- rials authorized for shipment in DOT specification 57 portable tanks (modes 1, 2, 3). 10916±P DOT±E 10916 Ashland Chemical, Inc., 49 CFR Part 173, Subpart To become a party to exemption 10916 (modes 1, 2, Columbus, OH. F and 178.251±2(a). 3). 10917±P DOT±E 10917 Eagle-Picher Industries, 49 CFR 172.101, To become a party to exemption 10917 (modes 1, 2, Inc., Joplin, MO. 172.301, 172.400, 3, 4). 173.212, 173.213. 10917±P DOT±E 10917 AEG Corporation, Basking 49 CFR 172.101, To become a party to exemption 10917 (modes 1, 2, Ridge, NJ. 172.301, 172.400, 3, 4). 173.212, 173.213. 10917±P DOT±E 10917 Silent Power, Inc., Wayne, 49 CFR 172.101, To become a party to exemption 10917 (modes 1, 2, PA. 172.301, 172.400, 3, 4). 173.212, 173.213. 10917±P DOT±E 10917 ABB Advanced Battery 49 CFR 172.101, To become a party to exemption 10917 (modes 1, 2, Systems, Inc., 172.301, 172.400, 3, 4). Mississauga, Ontario, 173.212, 173.213. CN. 10917±P DOT±E 10917 ABB Advanced Battery 49 CFR 172.101, To become a party to exemption 10917 (modes 1, 2, Systems, Inc., 172.301, 172.400, 3, 4). Mississauga, Ontario, 173.212, 173.213. CN. 10917±P DOT±E 10917 Hughes Aircraft Company, 49 CFR 172.101, To become a party to exemption 10917 (modes 1, 2, Torrance, CA. 172.301, 172.400, 3, 4). 173.212, 173.213. 10917±X DOT±E 10917 AEG Corporation, Basking 49 CFR 172.101, To authorize the transportation of certain batteries Ridge, NJ. 172.301, 172.400, and cells containing sodium (liquid or solid), and 173.212, 173.213. which may also contain sulfur (liquid or solid) and compounds of sodium and sulfur in specific pack- aging (modes 1, 2, 3, 4). 10933±P DOT±E 10933 Clean Harbors Environ- 49 CFR 173.12, 174.81, To become a party to exemption 10933 (modes 1, 2, mental Services, Inc., 176.83 and 177.848. 3). Quincy, MA. 10967±P DOT±E 10967 Praxair, Danbury, CT ...... 49 CFR 171.4 and To become a party to exemption 10967 (modes 1, 2, 173.323. 3). 10967±P DOT±E 10967 Allied-Signal, Inc., Morris- 49 CFR 171.4 and To become a party to exemption 10967 (modes 1, 2, town, NJ. 173.323. 3). 11000±X DOT±E 11000 Aeropres Corporation, 49 CFR 173.314 Table .... To authorize the transportation in commerce of a Di- Shreveport, LA. vision 2.1 material in DOT Specification 112J340W (mode 2). 11010±X DOT±E 11010 Hickson Timber Products 49 CFR 173.243(c) ...... To authorized the transportation in commerce of Di- Ltd., Murrysville, PA. vision 6.1 liquid in a DOT Specification 57 port- able tank which meets the UN criteria for a ``pro- tected'' 31A metal IBC (modes 1, 2, 3). 11037±P DOT±E 11037 E.I. dupont de Nemours & 49 CFR 172.101 ...... To become a party to exemption 11037 (modes 1, 2, Co., Inc. (DuPont), Wil- 3, 4, 5). mington, DE. 11037±P DOT±E 11037 Elf Atochem North Amer- 49 CFR 172.101 ...... To become a party to exemption 11037 (modes 1, 2, ica, Inc., Philadelphia, 3, 4, 5). PA. 11077±P DOT±E 11077 Olin Corporation, Stam- 49 CFR 173.226(b) & To become a party to exemption 11077 (mode 1). ford, CT. 173.227(b). NEW EXEMPTIONS Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 10556±N DOT±E 10556 Liquid Control Corpora- 49 CFR 173.29 ...... To authorize the transportation of mix and dispens- tion, North Canton, OH. ing equipment containing residual amounts of ma- terial classed as corrosive material and flammable liquid in the holding tanks (Mode 1.) Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7275 NEW EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 10646±N DOT±E 10646 Schlumberger Technology 49 CFR 173.302 ...... To manufacture, mark, and sell a non-DOT speci- Corporation, Houston, fication oil well sampling device for shipment of TX. various compressed gases (Mode 1, 2, 3, and 4.) 10659±N DOT±E 10659 Consani Engineering 49 CFR 178.345±8 ...... To authorize the manufacture, mark and sell of non- (PTY) Limited, Republic DOT specification portable tank containers com- of South Africa. plying with specifications DOT±407 and DOT±412 for transportation hazardous waste substances (Modes 1, 2, and 3.) 10677±N DOT±E 10677 Primus of Sweden, S±171 49 CFR 178.33 ...... To authorize the transportation of butane cartridges, 26 Solna, Sweden. not to exceed 3.937 inches inside diameter, made to DOT-Specification 2P (Modes 1, 2, 3, and 4.) 10733±N DOT±E 10733 SUSPA, Incorporated, 49 CFR 173.306(f)(2)(iii) To authorize shipment of limited quantities of com- Grand Rapids, MI. and (f)(3), 175.3. pressed gases, in accumulators which deviate from the required retest parameters (Modes 1, 2, 3, 4, and 5.) 10739±N DOT±E 10739 Hill Brothers Chemical 49 CFR 174.67(I), (J) ...... To authorize chlorine filled tank cars to remain con- Co., Phoenix, AZ. nected during unloading without the physical pres- ence of an unloader (Mode 2.) 10756±N DOT±E 10756 Taylor-Wharton Cryo- 49 CFR 172.203, To authorize the transportation of a non-DOT speci- genics, Theodore, AL. 173.318, 173.320, fication doubled vacuum portable tank with a 176.30, 176.76(h). working pressure of 20 psig. for transportation of argon and nitrogen (Modes 1, 3.) 10763±N DOT±E 10763 Reliant Airlines, Ypsilanti, 49 CFR 173.52, 173.53 ... To authorize the transportation in commerce of cer- MI. tain Division 1.1, 1.2, 1.3 and 1.4 explosives which are forbidden or exceed quantities author- ized for transportation by cargo aircraft only (Mode 4.) 10767±N DOT±E 10767 Archer Daniels Midland 49 CFR 174.67(I), (J) ...... To authorize tank cars containing carbon dioxide, Company (ADM), Deca- classed as nonflammable gas, to remain con- tur, IL. nected during unloading without the physical pres- ence of an unloader (Mode 2.) 10773±N DOT±E 10773 Witco Corporation, Phil- 49 CFR 174.74 (i) and (j) To authorize chlorine filled tank cars to remain con- lipsburg, NJ. nected without the physical presence of an opera- tor (Mode 2.) 10782±N DOT±E 10782 American Cryogas Indus- 49 CFR 174.67 (i) and (j) To authorize tank cars containing carbon dioxide re- tries, Pennsauken, NJ. frigerated liquid, non-flammable compressed gas to remain connected during unloading without the physical presence of an unloader (Mode 2). 10788±N DOT±E 10788 P.S.I. Plus, Inc., Middle- 49 CFR 173.302(a)(1), To authorize the manufacture, mark and sell of non- town, CT. 175.3, 178.65±2, DOT specification non-refillable steel inside cyl- 178.65±5(a)(4). inder for use in transporting nonflammable gases (Modes 1, 2, 4, and 5.) 10797±N DOT±E 10797 Monroe Auto Equipment 49 CFR 171.8, 172.101 ... To authorize the transportation of various types of Company, Monroe, MI. two-tube gas-pressurized shock absorbers and struts to be classed as ORM±D commodity in- stead of compressed gas (Modes 1, 2, 3, 4, and 5.) 10799±N DOT±E 10799 ESM II, Inc., Niagara 49 CFR 172.331, To authorize the shipment of certain hazardous ma- Falls, NY. 173.154, 173.164, terials in internally-coated polypropylene flexible 173.178, 173.182, intermediate bulk containers (Modes 1, 2, and 3.) 173.204, 173.217, 173.234, 173.245(b), 173.66. 10800±N DOT±E 10800 Aviation Charter, Inc., 49 CFR 172.191, To authorize the transportation in commerce of cer- Eden Prairie, MN. 172.204(c)(3), 173.27, tain Division 1.1, 1.2, 1.3 and 1.4 explosives 175.30(a)(i), 175.320(b), which are forbidden or exceed quantities author- 175.75. ized for transportation by cargo aircraft only (Mode 4.) 10801±N DOT±E 10801 Pipe Welding Supply Co., 49 CFR 174.67 (i) and (j) To authorize tank cars containing carbon dioxide, re- Inc., Liverpool, NY. frigerated liquid, classed as non-flammable gas to remain connected during unloading without the physical presence of an unloader (Mode 2.) 10807±N DOT±E 10807 U.S. Environmental Pro- 49 CFR 173.403 ...... To authorize the bulk shipment of solids debris con- tection Agency, New taminated with a radioactive material from York, NY. superfund cleanup site to a disposal facility (Model 1.) 10819±N DOT±E 10819 Kleen Brite Laboratories, 49 CFR 176.67(i), To authorize chlorine filled tank cars to remain con- Inc., Rochester, NY. 176.67(j). nected during unloading without the physical pres- ence of an unloader (Mode 2.) 7276 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices NEW EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 10825±N DOT±E 10825 Allied-Signal Inc., Morris- 49 CFR 173.29(a), To authorize the one-time shipment of two 480m cyl- town, NJ. 173.420. inders with localized thin spots on the wall, con- taining residual amounts of radioactive material to be purged and cleaned (Mode 1.) 10832±N DOT±E 10832 Morton International Auto- 49 CFR 173.56, 173.57 ... To authorize the transportation of unclassified gen- motive Safety Products, erators, inflators and components contained in Ogden, UT. specially designed fiberboard, plastic or metal containers as appropriate or the various sub-as- semblies to be shipped as hazardous waste to disposal plant (Model 1.) 10844±N DOT±E 10844 Passaic Valley Sewerage 49 CFR 174.67(j) ...... To authorize chlorine filled tank cars to remain con- Commissioners, New- nected during unloading without physical presence ark, NJ. of an unloader (Mode 2.) 10848±N DOT±E 10848 Plastic Reel Corporation 49 CFR 173.183 ...... To authorize the transportation of non-DOT speci- of America, Lyndhurst, fication plastic packaging for use in transporting NJ. flame retardant plastic film (Modes 1, 4.) 10851±N DOT±E 10851 Lincoln Pulp & Paper 49 CFR 174.67(j) ...... To authorize chlorine filled tank cars to remain dur- Company, Inc. Lincoln, ing unloading without the physical presence of an ME. unloader (Mode 2.) 10860±N DOT±E 10860 Defense Technology and 49 CFR 172.101 ...... To authorize the transportation of rocket motors, Procurement Agency Class A explosives in metal containers on cargo CH±3000, Berne 25, only aircraft (Mode 4.) Switzerland. 10869±N DOT±E 10869 Norris Cylinder Company, 49 CFR 173.301(h), To authorize the manufacture, mark and sell of non- Longview, TX. 173.302, 173.304, DOT specification seamless steel cylinders with 173,34(a)(1), 175.3, an allowable design stress not to exceed 104000 178.37. psig constructed of 3AA cylinders for use in trans- porting various hazardous materials (Modes 1, 2, 3, and 4.) 10877±N DOT±E 10877 Westinghouse Electric 49 CFR 173.206, 178.245 To authorize the use of non-DOT specification port- Corporation, Pittsburgh, able tanks for the one-way, one time shipment of PA. sodium, metal (Mode 1.) 10888±N DOT±E 10888 The Clorox Company, 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain con- Forest Park, GA. nected during unloading without the physical pres- ence of an unloader (Mode 2.) 10891±N DOT±E 10891 Inmark, Inc., Atlanta, GA . 49 CFR 172.400, To manufacture, mark and sell specifically designed 172.402(a)(2), composite type packaging, for shipment of small 172.504(a) and Table 1, quantities of various flammable, corrosive, and 173.25(a), 173.3, 175.3. poison B liquids and solids without labels (Modes 1, 2, and 4.) 10892±N DOT±E 10892 Pfizer Inc., Groton, CT ..... 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain con- nected during unloading without the physical pres- ence of an unloader (Mode 2.) 10895±N DOT±E 10895 Kansas City Missouri 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain con- Water/Pollution Control nected during unloading without the physical pres- Dept. Kansas City, MO. ence of an unloader (Mode 2.) 10899±N DOT±E 10899 Tuscarora Inc., Conyers, 49 CFR 173.158(b)(2)(e) . To authorize the manufacture, mark, and sell of a GA. non-reusable, molded expanded polystyrene inner packaging for a 6.5-gallon glass carboy receptacle overpacked in a 4G box for use in transporting ni- tric acid of 70% or less (Modes 1, 2, and 3.) 10900±N DOT±E 10900 Martinaire East, Inc., Dal- 49 CFR 172.101, 173.27, To authorize the transportation in commerce of cer- las, TX. 175.75. tain Division 1.1, 1.2, 1.3, and 1.4 explosives which are forbidden or exceed quantities author- ized for transportation by cargo aircraft only (Mode 4.) 10901±N DOT±E 10901 Alabama River Pulp Com- 49 CFR 174.67 (i) and (j) To authorize chlorine-filled tank cars to remain con- pany, Inc., Perdue Hill, nected during unloading without the physical pres- AL. ence of an unloader (Mode 2.) 10904±N DOT±E 10904 InVitro International, 49 CFR 173.136, 173.137 To authorize an alternative mechanical type test Irvine, CA. method to determine corrosivity and specific pack- aging group (Mode 1.) 10905±N DOT±E 10905 Comdyne I, Incorporated, 49 CFR 173.302(a)(1), To manufacture, mark, and sell non-DOT specifica- West Liberty, OH. 173.304(a)(1), 175.3. tion composite cylinders to be used in transporting certain flammable and non-flammable compressed gases (Modes 1, 3, 4, and 5.) 10907±N DOT±E 10907 Russell-Stanley Corpora- 49 CFR 173.227(c) ...... To authorize the manufacture, mark and sell of 1H1 tion, Red Bank, NJ. polyethylene drums for the shipment of Division 6.1, Hazard Zone B materials without a steel overpack (modes 1, 2, and 3.) Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7277 NEW EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 10909±N DOT±E 10909 Hammermill Papers, 49 CFR 174.67 (i) and (j) To authorize chlorine-filled tank cars to remain con- Selma, AL. nected during unloading without the physical pres- ence of an unloader (Mode 2.) 10911±N DOT±E 10911 The Pallet Reefer Com- 49 CFR 173.24(g) ...... To manufacture, mark, and sell a specifically de- pany, Seaford, DE. signed refrigeration unit equipped with four DOT specification 3AL1800 cylinders, containing carbon dioxide, refrigerated liquid, division 2.2, which are vented during transportation through a controlled release process for cooling purposes (Mode 1.) 10912±N DOT±E 10912 Westvaco Corporation, 49 CFR 173.31 (c)(1), To authorize the one-time shipment of an empty New York, NY. (c)(5). chlorine UTLX28349 tank car in need of retest (Mode 2.) 10914±N DOT±E 10914 Allied-Signal Aerospace 49 CFR 178.44 ...... To authorize the manufacture, mark, and sale of a Company, Tempe, AZ. non-DOT specification welded pressure vessel comparable to a DOT Specification 3HT cylinder for use in transporting compressed gas (Modes 1, 4.) 10918±N DOT±E 10918 Snyder Industries, Inc., 49 CFR 173.119, To authorize the manufacture, mark and sell of Lincoln, NE. 173.125, 173.245, rotationally molded, reusable polyethylene tank 173.249, 173.249(a), within a plastic frame designed for stacking 173.250(a), 173.256, equipped with screw-lid top closure for use in 173.257, 173.262, transporting corrosive and flammable liquids and 173.263, 173.264, oxidizers (Modes 1, 2.) 173.265, 173.266, 173.269, 173.272, 173.276, 173.277, 173.283, 173.287, 173.288, 173.289, 173.292, 173.297, 173.299(a), 49 CFR Part 713. 10919±N DOT±E 10919 World Airways, Inc., Hern- 49 CFR 172.101, To authorize the transportation in commerce of cer- don, VA. 172.204(c)(3), tain Division 1.1, 1.2, 1.3 and 1.4 explosives 175.30(e)(1), 173.27 which are forbidden or exceed quantities author- (b)(2), (3) and 173.27(f) ized for transportation by cargo aircraft only (Mode Table 2. 4.) 10922±N DOT±E 10922 FIBA, Westboro, MA ...... 49 CFR 172.301(c), To authorize the ultrasonic testing instead of hydro- 173.34(e). static testing of DOT-Specification 3A and 3AA seamless steel cylinders for shipment of those materials authorized to be shipped in these cyl- inders (Modes 1, 2, and 3.) 10923±N DOT±E 10923 The Boeing Company, 49 CFR 173.306(e), To authorize the transportation of aircraft air condi- Boeing Defense & 173.307(a)(4). tioning units containing refrigerant classed as Space Group, Seattle, nonflammable liquefied gas (Mode 1.) WA. 10928±N DOT±E 10928 Jefferson Smurfit Corp./ 49 CFR 174.67(i) and (j) .. To authorize chlorine filled tank cars to remain con- Container Corp. of nected during unloading without the physical pres- America, Brewton, AL. ence of an unloader (Mode 2.) 10933±N DOT±E 10933 Rollins CHEMPAK, Inc., 49 CFR 173.12, 174.81, To authorize the multi-modal transportation of lab- Houston, TX. 176.83 and 177.848. packs with other containerized hazardous mate- rials with partial relief from certain segregation re- quirements (Modes 1, 2, and 3.) 10938±N DOT±E 10938 Westvaco Corporation, 49 CFR 174.67(i) ...... To authorize chlorine filled tank cars to remain at- New York, NY. tached during unloading without the physical pres- ence of an unloader (Mode 2.) 10944±N DOT±E 10944 Pacific Scientific, HTL/Kin 49 CFR 173.304(a)(1), To authorize the manufacture, mark and sale of non- Tech Division, Duarte, 175.3, 178.47. DOT specification cylinders, constructed of tita- CA. nium material conforming to DOT Specification 4DS for use in transporting compressed gas n.o.s., classed as nonflammable gas, Division 2.2 (Modes 1, 2, 4, and 5.) 10958±N DOT±E 10958 International Paper, 49 CFR 174.67(i) & (j) ..... To authorize chlorine filled tank cars to remain at- Natchez, MS. tached during unloading without the physical pres- ence of an unloader (Mode 2.) 10959±N DOT±E 10959 Marsulex Incorporated, 49 CFR 173.29(a)(c)(2), To authorize a one-time shipment of four DOT Spec- North York, Ontario, 173.31(c)(1). ifications 111A100W2 tank cars which are over- Canada. due for tank and safety valve tests containing resi- due of sulfuric acid, Class 8 (Mode 2.) 7278 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices NEW EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 10963±N DOT±E 10963 Sigri Great Lakes Carbon 49 CFR 173.119, To manufacture, mark and sell non-DOT specifica- Corporation, Union, NJ. 173.304, 173.327, tion full removable head salvage cylinders of 31¤2 173.328, 173.34, gallon capacity for over packing damaged or leak- 173.346. ing packages of laboratory size gas bottles of pressurized and non-pressurized hazardous mate- rial (Mode 2.) 10964±N DOT±E 10964 Walter Kidde Aerospace, 49 CFR 173.58±16 thru To authorize the manufacture, mark and sell of non- Inc., Wilson, NC. 19, 178.58±2, 178.58± DOT specification cylinders for transporting com- 5, 178±58±8 thru 12. pressed gas in automatic fire extinguisher system in the cargo area of Boeing 777 aircraft (Modes 4, 5.) 10966±N DOT±E 10966 Columbia Helicopters, 49 CFR 173.119, To authorize the transportation of bulk quantities of Inc., Portland, OR. 173.263, 175.320. combustible liquid, Class 3, 8 and Division 2.3 materials in non-DOT specification polyethylene portable tanks (Mode 4.) 10967±N DOT±E 10967 Balchem, Slate Hill, NY. 49 CFR 171.4 and To authorize use of a limited number of DOT Speci- 173.323. fication 5P drums for the shipment of ethylene oxide, Division 2.3, beyond the October 1, 1993 compliance date for poison inhalation packagings (Modes 1, 2, and 3.) 10968±N DOT±E 10968 Stone Container Corpora- 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain at- tion, Panama City, FL. tached during unloading without the physical pres- ence of an unloader (Mode 2.) 10971±N DOT±E 10971 Sun Company, Inc., Phila- 49 CFR 173., To authorize a one-time shipment of two tank cars delphia, PA. 173.29(a)(c)(2), 49 CFR. 112J340W and 105J400W which are overdue for valve testing containing residue of liquefied petro- leum gas, Division 2.1 (Mode 2.) 10974±N DOT±E 10974 International Paper/ 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain con- Androscoggin Mill, Jay, nected during unloading without the physical pres- ME. ence of an unloader (Mode 2.) 10975±N DOT±E 10975 Boise Cascade Corpora- 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain con- tion, Boise, ID. nected during unloading without the physical pres- ence of an unloader (Mode 2.) 10976±N DOT±E 10976 Occidental Chemical Cor- 49 CFR 173.29(a)(c)(2), To authorize the shipment of a DOT 111A100W2 poration, Dallas, TX. 173.31(c)(1), 49 CFR. tank car which is overdue for tank and safety valve test containing residue of sulfuric acid, Class 8 (Mode 2.) 10977±N DOT±E 10977 Federal Industries Cor- 49 CFR 172.402(a)(2), To authorize the manufacture, mark and sale of spe- poration, Plymouth, MN. 172.504(a) and Table 1, cially-designed composite type packaging for ship- 173.25(a), 173.3, 175.3, ment of small quantities of various flammable, cor- 49 CFR 172.400. rosive, oxidizers, poison B liquids and solids to be shipped without labels (Modes 1, 2, and 4.) 10978±N DOT±E 10978 Southern Pacific Railroad, 49 CFR 173.312(e)(1) ...... To authorize the shipment of a DOT Specification Houston, TX. 111A100W3 tank car containing molten sulphur which was involved in a fire (Mode 2.) 10981±N DOT±E 10981 Atlas Powder International 49 CFR 172.101, 173.62 To authorize the shipment of explosives, blasting, Ldt., Pearlington, MS. and 176.83. Type E (1.5D) in IM±102 portable tank containers stowed below deck on cargo vessels dedicated to the shipment of explosive (Modes 1 and 3.) 10982±N DOT±E 10982 Consolidated Papers, Inc., 49 CFR 174.67 (i)+(j) ...... To authorize chlorine filled tank cars to remain con- Wisconsin Rapids, WI. nected during unloading without the physical pres- ence of an unloader (Mode 2.) 10983±N DOT±E 10983 U.S. Reduction Co., Mun- 49 CFR 174.67 (i)+(j), To authorize chlorine filled tank cars and cargo ster, IN. 177.834(i)(3). tanks to remain connected during unloading with- out the physical presence of an unloader (Mode 2.) 10984±N DOT±E 10984 Airco Electronic Gases, 49 CFR 173.304 ...... To authorize the use of DOT Specification 5A/ Riverton, NJ. UN1A1 drum for the shipment of dichlorosilane classed as Division 2.3 (Modes 1 and 3.) 10995±N DOT±E 10995 James River Paper Com- 49 CFR 174.67 (i)+(j) ...... To authorize chlorine filled tank cars to remain con- pany, Camas, WA. nected during unloading without the physical pres- ence of an unloader (Mode 1.) 11005±N DOT±E 11005 Pressure Technology, 49 CFR 173.302(a), To authorize the manufacture, mark and sell of non- Inc., Hanover, MD. 173.304(a)(d), 175.3. DOT specification fiber reinforced plastic full com- posite cylinders designed in accordance with DOT±FRP±1 standard for use in transporting var- ious commodities classed as Division 2.1 and 2.2 (Modes 1, 2, 3, 4, and 5.) Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7279 NEW EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 11008±N DOT±E 11008 Jupiter Chemicals, Inc., 49 CFR 173.29(a)(c)(2) ... To authorize a one-time shipment of a DOT Speci- Houston, TX. fication 111A100W3 tank car, containing a chlo- rine residue, which is overdue for valve testing (Mode 2.) 11009±N DOT±E 11009 A.E. Staley Manufacturing 49 CFR 173.29(a)(c)(2) ... To authorize a one-time shipment of a DOT Speci- Company, Decatur, IL. fication 105A500W tank car, containing a chlorine residue, which is overdue for valve testing (Mode 2.) 11020±N DOT±E 11020 HCI Advance Chemical 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain at- Distributors, Inc., tached during unloading without the physical pres- Catoosa, OK. ence of an unloader (Mode 2.) 11023±N DOT±E 11023 City of Houston, Houston, 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain at- TX. tached during unloading without the physical pres- ence of an unloader (Mode 2.) 11024±N DOT±E 11024 CITGO Petroleum Cor- 49 CFR 174.67 (i) and (j) To authorize chlorine filled tank cars to remain at- poration, Lake Charles, tached during unloading without the physical pres- LA. ence of an unloader (Mode 2.) 11026±N DOT±E 11026 Elf Atochem North Amer- 49 CFR 173.29(a)(c)(2) ... To authorize a one-time shipment of a DOT speci- ican Inc., Philadelphia, fication ACFX19034 tank car, containing a chlo- PA. rine residue, which is overdue for inspection (Mode 2.) 11037±N DOT±E 11037 Rohm & Haas Company, 49 CFR 172.101 ...... To authorize maneb stabilized or maneb prepara- Bristol, PA. tions, stabilized, Division 4.3, UN 2968 to be shipped as essentially nonregulated for domestic transportation (Modes 1, 2, 3, 4, and 5.) 11065±N DOT±E 11065 City of Cincinnati/Depart- 49 CFR 173.67 (i) and (j) To authorize chlorine filled tank cars to remain con- ment of Sewers, Cin- nected during unloading without the physical pres- cinnati, OH. ence of an unloader (Mode 2.) 11077±N DOT±E 11077 U.S. Department of De- 49 CFR 173.226(b) and To authorize shipment in exclusive use vehicles, of fense, Falls Church, VA. 173.227(b). methylhydrazine in 55 gallon UN 1A1 stainless steel drums and Nitric acid in 55 gallon UN 1B1 aluminum drums which deviate from the required wall thickness, secondary cap seal and overpack requirements for Group I Hazard Zone A & B ma- terials (Mode 1.) 11093±N DOT±E 11093 CP Rail (Canadian Pacific 49 CFR 172.704(c)(2) ...... To extend the training program required under 49 Limited), Montreal, Que- CFR 172.704(c)(2) for train crew employees who bec, CN. transport hazardous materials in CP rail-owned vehicles from once every two years to once every three years (Mode 2.) EMERGENCY EXEMPTIONS Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof EE6614±X DOT±E 6614 Mid-State Chemical & 49 CFR 173.245, Authorizes the use of non-DOT specification poly- Supply Corp. Indianap- 173.263(a)(28) and ethylene bottles, packed inside a high density olis, IN. 173.277(a)(6). polyethylene box for transportation of certain cor- rosive liquids (mode 1). EE6769±X DOT±E 6769 E.I. du Pont de Nemours 49 CFR 173.314, 173.315 Authorizes the transport of trifluromethane in DOT & Company, Inc. Wil- specification tank cars and cargo tanks (modes 1, mington, DE. 2). EE7616±X DOT±E 7616 Illinois Central Railroad 49 CFR 172.200(a), Authorizes the carrier to certify the shipping paper Homewood, IL. 172,204(a), 172,204(d), on behalf of the shipper when transporting haz- 174.12, 174.24(a), ardous materials by rail (mode 2). 174.25(b)(2), 174.3. EE7879±X DOT±E 7879 Halliburton Logging Serv- 49 CFR 173.246, 175.3, Authorizes the shipment of bromine trifluoride in ices, Inc. Houston,TX. 178.42. non-DOT specifications seamless cylinders (modes 1, 2, 3, 4). EE7943±X DOT±E 7943 Patterson Laboratories, 49 CFR 173.263(a)(15), Authorizes the shipment of corrosive liquids in fiber- Inc. (Patterson West) 173.272(c), board boxes complying with DOT specification Phoenix, AZ. 173.272(i)(12), 12B except for handholes in top flaps (mode 1). 173.277(a)(1). EE8273±P DOT±E 8273 Takata Moses Lake, Inc. 49 CFR 171.11 (see To become a party to exemption 8273 (modes 1, 2, Moses Lake, WA. paragraph 8.d.), 3, 4). 173.153, 173.154, 175.3. 7280 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices EMERGENCY EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof EE8582±X DOT±E 8582 Metro-North Commuter 49 CFR Parts 100±177 ... Authorizes the transport of railway track torpedoes Railroad Company, and fusees packed in metal kits in motor vehicles New York, NY. by railroad maintenance crews as nonregulated rail carrier equipment (mode 1). EE8723±X DOT±E 8723 Alaska-Pacific Powder 49 CFR 172.101, Authorizes the use of non-DOT specification motor Company, Anchorage, 173.114a(h)(3), vehicles for bulk shipment of certain blasting AK. 173.154, 176.415, agents (modes 1, 2). 176.83. EE9275±P DOT±E 9275 Sanofi Beaute, Inc., Edi- 49 CFR Parts 100±199 ... To become a party to exemption 9275 (modes 1, 2, son, NJ. 3, 4, 5). EE9332±X DOT±E 9332 Johnson Matthey Com- 49 CFR 172.101, Authorizes the transport of a solid explosive dis- pany, West Chester, 173.150, 175.3. solved in an ammonia solution as a flammable PA. solid in DOT Specification 34 polyethylene con- tainers or DOT Specification 3E polyethylene bot- tles, packed in DOT Specification 15A wooden boxes (modes 1, 2, 3). EE9723±P DOT±E 9723 Environmental Transport 49 CFR 177.848(b) ...... To become a party to exemption 9723 (mode 1). Systems, Jamestown, ND. EE10094±X DOT±E 10094 Arcadian Corporation, 49 CFR 173.154(a)(17) ... Authorizes the transportation of ammonium nitrate Memphis, TN. solution in DOT Specification 111A100W1 lined and insulated tank car tanks (mode 2). EE10143±X DOT±E 10143 Eurocom Imports, Inc., 49 CFR 173.306(a), Authorizes the transport of certain hazardous mate- Dallas, TX. 178.33a. rials in a container conforming with DOT Speci- fication 2Q exception for size and marking (modes 1, 2). EE10247±P DOT±E 10247 G.C. Industries, Inc., Fre- 49 CFR 173.4 ...... To become a party to exemption 10247 (modes 1, mont, CA. 2, 4). EE10297±X DOT±E 10297 Tropigas De Puerto Rico, 49 CFR 173.34(L) (1), To authorize the rebuilding and sale of DOT Speci- Inc., San Juan, PR. (2), (3), 175.30, Part fication 4B, 4BA and 4BW cylinders in accord- 107 Appendix B. ance with specification prescribed procedures (modes 1, 2, 3, 4, 5). EE10529±X DOT±E 10529 LND, Inc., Oceanside, NY 49 CFR 173.302, 175.3 ... Authorizes the use of non-DOT specification con- tainers described as hermetically sealed electron tube devices (modes 1, 2, 3, 4, 5). EE10992±N DOT±E 10992 Domino Sugar Corpora- 49 CFR 173.31(a)(5) ...... To authorize the shipment of DOT specification tion, New York, NY. tank cars, containing non-hazardous materials, meeting all DOT requirements except that the tank cars are not equipped with coupler vertical restraint systems (mode 2). EE11000±N DOT±E 11000 Aeropres Corporation, 49 CFR 173.314 Table .... To authorize the transportation in commerce of a Shreveport, LA. Division 2.1 material in DOT Specification 112J340W (mode 2). EE 11001±N DOT±E±11001 Air Products and Chemi- 49 CFR 173.67(k); To authorize the shipment of a DOT Specification cals, Incorporated, Al- 174.9(b). 111A60ALW1 tank car, containing acetic acid, a lentown, PA. class 8 material, meeting all DOT requirements except that the tank car has defective interior heater coils (mode 2). EE 11002±N DOT±E±11002 Airstech Chemical Cor- 49 CFR 173.67(k), To authorize the shipment of a DOT Specification poration, Pittsburgh, PA. 174.9(b). 111A100W1 tank car, containing phenol, a divi- sion 6.1 material, meeting all DOT requirements except that the tank car has defective interior heater coils (mode 2). EE 11010±N DOT±E±11010 Hickson Timber Products 49 CFR 173.243(c) ...... To authorize the transportation in commerce of Di- Ltd., Murrysville, PA. vision 6.1 liquid in a DOT Specification 57 port- able tank which meets the UN criteria for a ``pro- tected'' 31A metal IBC (modes 1, 2, 3). EE 11011±N DOT±E±11011 Arco Alaska, Incor- 49 CFR 173.31(n), To authorize the one-time shipment for transpor- porated, Pasadena, CA. 173.315(h), 173.315(i), tation in commerce of a nonflammable liquefied 178.245±1, 178.245±4 compressed gas in a non-DOT specification and 178±245±5. ASME Code ``U'' stamped portable tank (mode 3). EE 11015±N DOT±E±11015 Vulcan Chemical Com- 49 CFR 173.31(b)(3), To authorize the transportation in commerce of a pany, Wichita, KS. 179.100±12, 179.100± DOT Specification 105A50OW tank car, contain- 13 and 179.102±2. ing a Division 2.3 material meeting all DOT re- quirements except that the tank car has a defec- tive safety relief valve and chlorine ``C'' kit at- tached (mode 2). Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7281 EMERGENCY EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof EE 11016±N DOT±E±11016 Sun Refining and Market- 49 CFR Parts 106, 107 To authorize the transportation in commerce of a ing Company, Philadel- and 171±180. DOT Specification 111A10OW1 tank car, contain- phia, PA. ing xylene, a Class 3 material, meeting all DOT requirements except that the tank car has defec- tive interior heater coils (mode 2). EE 11017±N DOT±E±11017 Olin Corporation, Stam- 49 CFR 173.29(c)(2), To authorize the transportation in commerce of a ford, CT. 173.31(b)(3), 179.100± DOT Specification 105A50OW tank car, contain- 12(c), 179.100±13 and ing a Division 2.3 material, meeting all DOT re- 179.102±2. quirements except that the tank car has a defec- tive safety relief valve and chlorine ``C'' kit at- tached (mode 2). EE 11018±N DOT±E 11018 United States Rail Serv- 49 CFR 173.31(a)(7) and To authorize the transportation in commerce of cer- ices, San Francisco, 179.100±16. tain DOT Class 112 tank cars, containing lique- CA. fied petroleum gas and Ammonia, anhydrous, liq- uid, meet all DOT requirements except that the tank cars have air brake equipment support at- tachment welded directly to the tank shell (mode 2). EE 11019±N DOT±E 11019 Occidental Chemical Cor- 49 CFR 173.29(c)(2), To authorize the transportation in commerce of a poration, Dallas, TX. 173.31(b)(3), 179.100± DOT Specification 105A500W tank car, contain- 12(c), 179.100±13 and ing a Division 2.3 material, meeting all DOT re- 179.102±2. quirements except that the tank car has a defec- tive safety relief valve and chlorine ``C'' kit at- tached (mode 2). EE 11028±N DOT±E 11028 Allied Signal Incor- 49 CFR 173.29(c)(2), To authorize the transportation in commerce of a porated, Morristown, NJ. 173.31(b)(3), 179.100± DOT Specification 1125400W tank car, contain- 12(c), and 179.100±13. ing a Class 8 material, meeting all DOT require- ments except that the tank car has a defective safety relief valve which is equipped with a chlo- rine ``C'' kit (mode 2). EE 11030±N DOT±E 11030 Union Tank Car Com- 49 CFR 173.24(b) ...... To authorize the transportation of a DOT Specifica- pany, East Chicago, IN. tion 111A100W5 tank car, containing a Class 8 material, which does not meet the minimum shell thickness due to corrosion of the tank shell (mode 2). EE 11035±N DOT±E 11035 On-Tranck Railcar Serv- 49 CFR 173.24(a), To authorize the transportation in commerce of a ices, Incorporated, 173.29(c)(2), DOT Specification 111A100W3 tank car, contain- Houston, TX. 173.31(a)(1), 179.201± ing a residual amount of a Class 3 material, 1 and 179.200±18(a). which has the safety relief valve broken from the tank shell due to shifting of the tank car jacket (mode 2). EE 11038±N DOT±E 11038 Mallard Transportation 49 CFR 173.31(a)(7) and To authorize the transportation of certain DOT Company, Tulsa, OK. 179.100±16. Class 112 tank cars, containing butane, meeting all DOT requirements except that the tank cars have air brake equipment support attachment welded directly to the tank shell (mode 2). EE 11039±N DOT±E 11039 Merichem Company, 49 CFR 173.67(k) and To authorize the transportation of a DOT Specifica- Houston, TX. 174.9(b). tion 111A100W1 tank car, containing a residue of Class 8 material, meeting all DOT requirements except that the tank car has defective interior heater coils (mode 2). EE 11040±N DOT±E 11040 Sun Refining and Market- 49 CFR 173.67(k) and To authorize the transportation of a DOT Specifica- ing Company, Philadel- 1.74.9(b). tion 111A100W1 tank car, containing a residual phia, PA. amount of toluene, a class 3 material, meeting all DOT requirements except that the tank car has defective interior heater coils (mode 2). EE 11041±N DOT±E 11041 Aerojet Propulsion Divi- 49 CFR 173.124(a)(1)(i) .. To authorize the transportation in commerce of a sion, (APD) Sac- Class 9 material (aqueous solution containing not ramento, CA. more than 12% ammonium perchlorate, 0.5% nitroguandine and 50 ppm of (RDX) in cargo tanks (mode 1). EE 11049±N DOT±E 11049 Stolt-Haven, Incorporated, 49 CFR 173.31(a) ...... To authorize the transportation in commerce of two Perth Amboy, NJ. DOT Specification 111A10OW1 tank cars, con- taining combustible liquids, n.o.s. and flammable liquids, n.o.s. (mode 2). 7282 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices EMERGENCY EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof EE 11051±N DOT±E 11051 GLNX Corporation The 49 CFR 173.31(a)(7) and To authorize the transportation of certain DOT Woodlands, TX. 179.100±16. Class 112 tank cars containing liquefied petro- leum gas and conforming with all of the applica- ble requirements for such cars except that the tank cars have air brake equipment support at- tachments welded directly to the tank shell (mode 2). EE 11061±N DOT±E 11061 ICI, Forest Products Divi- 49 CFR 173.31(b)(3); To authorize the transportation in commerce of a sion, Montreal, Quebec, 179.100±12(c); DOT (mode 2). CN. 179.100±13; and, 179.102±2. EE 11063±N DOT±E 11063 United Parcel Service of 49 CFR 171.2, To authorize the offering and acceptance of hazard- America, Inc. (UPS), 172.200(a), 172.203(a) ous materials for transportation, and the transpor- Atlanta, GA. 172.204(a), 172.302(c), tation of hazardous materials by aircraft and by 174.3, 175.30(a)(2), motor vehicle and rail freight incident to transpor- 177.801, 177.818(b) & tation by aircraft, when the hazardous materials (b); Part 107, Subpart are certified on a shipping paper by a shipper's B, Appendix B. certification containing certain wording (modes 1, 2, 4, 5). EE 11066±N DOT±E 11066 5CM Chemicals Incor- 49 CFR 173.31(b)(3); To authorize the shipment of a DOT Specification porated, Baltimore, MD. 179.100±12(c); 105A500W tank car, containing a Division 2.3 179.100±13; and, material, meeting all DOT requirements except 179.102±2. that the tank car has a defective liquid valve lange and chlorine ``C'' kit attached (mode 2). EE 11071±N DOT±E 11071 Riedel Environmental 49 CFR Parts 171, 172, To authorize the transportation in commerce of Services, Inc., Portland, 173 and 177. waste hazardous materials in certain non-DOT OR. specification strong leak-proof metal, plastic, or lined wood non-bulk packagings suitable for the liquids or solids to be transported (mode 1). EE 11072±N DOT±E 11072 U.S. Department of De- ...... To authorize the transportation in commerce of ex- fense, Washington, DC. plosive materials containing white phosphorus of Class 1, Compatibility Group H stored in ship- borne steel barges instead of stored in steel port- able magazines or freight containers (mode 3). EE 11073±N DOT±E 11073 E.I. du Pont de Nemours 49 CFR 172.102(c)(3) To authorize the transportation of chlorosulfonic and Company, Inc., Special Provision B14 acid DOT Class 1125 tank cars constructed of Wilmington, DE. and B74; and, ASTM 204±70, Type 304L stainless steel, 179.101±1. equipped with full head shields (mode 2). EE 11076±N DOT±E 11076 National Agricultural 49 CFR Part 107, Appen- To authorize the transportation in commerce of ag- Chemicals Association dix B to Subpart B; ricultural chemicals in packagings, authorized by (NACA), Washington, 171.14(b)(4)(i). 49 CFR Part 173 that were packaged prior to DC. June 1, 1993, and that have been marked and la- beled in accordance with the applicable require- ments of 49 CFR Part 173, Subparts D and E, required and authorized prior to October 1, 1993 (modes 1, 2). EE 11092±N DOT±E 11092 Merichem Company, 49 CFR 173.67(k), To authorize the shipment of a DOT Specification Houston, TX. 174.9(b). 111100W1 tank car, containing a residual amount of a Class 8 material, meeting all DOT require- ments except that the tank car has defective inte- rior heater coils (mode 2). EE 11094±N DOT±E 11094 Rhone-Poulenc, Inc., 49 CFR 173.21(b)(1); To authorize the transportation of a DOT Specifica- Shelton, CT. 174.47(b). tion 105A500W tank car with a safety relief valve, equipped with a chlorine ``C'' kit for the transpor- tation of sulfur dioxide (mode 2). EE 11095±N DOT±E 11095 Westvaco Corporation, 49 CFR 173.29(c)(2), To authorize the shipment of a DOT Specification New York, NY. 173.31(b)(3), 179±100± 105A500W tank car, containing a Division 2.3 12(c) and, 179.100±13. material, meeting all DOT requirements except that the tank car has a defective safety relief valve and chlorine ``C'' kit attached (mode 2). EE 11101±N DOT±E 11101 Albright & Wilson Ameri- 49 CFR 172.102(c)(2) To authorize the shipment of two (2) Class 8 mate- cas, Richmond, VA. Special Provision B32. rials, phosphorus oxychloride and phosphorus tri- chloride, which are also poisonous by inhalation in seven (7) insulated DOT Specification MC 312 cargo tank motor vehicles having design pres- sures of at least 35 psig (mode 1). EE 11108±N DOT±E 11108 Sun Refining and Market- 49 CFR 173.67(k), To authorize the shipment of DOT Specification ing Company, Philadel- 174.9(b). 111A100W1 tank cars, containing Naphtha, a phia, PA. Class 3 material, meeting all DOT requirements except that the tank cars has defective interior heater coils (mode 2). Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7283 EMERGENCY EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof EE 11112±N DOT±E 11112 Laidlaw Environmental 49 CFR Parts 171, 172, To authorize the transportation in commerce of Services, Inc., Colum- 173, and 177 with ex- waste hazardous materials in certain non-DOT bia, SC. ceptions. specification strong leak-proof metal, plastic, or lined wood non-bulk packaging (mode 1). EE 11113±N DOT±E 11113 FMC Corporation, Phila- 49 CFR 172.102 Special To authorize the transportation in commerce of a delphia, PA. Provision B74. Class 8 material meeting the definition of a poi- son inhalation material, in certain DOT Specifica- tion 1045300W tank cars with a safety relief de- vice rate at 25 percent of the tank test pressure (mode 2). EE 11119±N DOT±E 11119 U.S. Chemical and Plas- 49 CFR 173.152 ...... To authorize the transportation in commerce of cer- tics Co., Inc., Canton, tain organic peroxides, as limited quantities/com- OH. modities when the inside containers do not ex- ceed 125 ml for liquids and 500 g for solids (modes 1, 2). EE11119±P DOT±E 11119 The Morton Paint Com- 49 CFR 173.152 ...... To become a party to exemption 11119 (modes 1, pany, Canton, OH. 2). EE11119±P DOT±E 11119 Catalyst Systems, Inc., 49 CFR 173.152 ...... To become a party to exemption 11119 (modes 1, Gnadenhutten, OH. 2). EE11123±N DOT±E 11123 Dyno Nobel, Incor- 49 CFR Part 107, Appen- To authorizes the transportation in commerce of porated, Salt Lake City, dix B(1) and certain explosives which are prepared in accord- UT. 171.14(b)(4)(i). ance with the Hazardous Materials Regulations in effect as of September 30, 1991 due to unfore- seen delays in receiving approval to meet the communication criteria required by Docket HM± 181 (modes 1, 2, 3). EE11124±N DOT±E 11124 Canadian National Rail- 49 CFR 172.704(c)(2) ..... To authorize Canadian based employees of Cana- way Company, Mon- dian National Railway Co., who are engaged in- treal, Quebec, CN. frequent and limited transportation of hazardous materials into the United States, to be trained and receive recurrent training every three years in accordance with Part 9 of the Transportation of Dangerous Goods (TGD) Regulation (mode 2). EE11125±N DOT±E 11125 Rhone-Poulenc Basic 49 CFR 172.103 Special To authorize the transportation in commerce of a Chemical Company, Revision B74. Class 8 material meeting the definition of a poi- Shelton, CT. son inhalation material, in certain DOT specifica- tion 1055300W tank cars with a safety relief de- vice rated at 2 percent of the tank test pressure (mode 2). EE11128±N DOT±E 11128 Gabriel Chemicals Inc., 49 CFR 172.102(c)(3) To authorize the transportation in commerce of Houston, TX. Special Provision B32. chlorosulfonic acid, a Class 8 material which is poisonous by inhalation, in four (4) uninsulated DOT Specification MC 312 cargo tank motor ve- hicles having design pressure of 50 psig (mode 1). EE 11129±N DOT±E 11129 Trinity Industries Leasing 49 CFR 173.29(b)(2), To authorize the transportation in commerce of a Company, Chicago 173.31(a). DOT Specification 111A100W1 tank car, contain- Heights, IL. ing a residual amount of a Class 3 material, meeting in all DOT requirements except that the tank shell has been damaged (mode 2). EE 11139±N DOT±E 11139 Alaska Pacific Powder 49 CFR 173.62, Part 107 To authorize the transportation in commerce, Company, Anchorage, Appendix B(1), aboard cargo aircraft, in Alaska, Explosives, AK. 172.301(c), 175.320(a). blasting, type E, Division 1.5D which are de- scribed in 49 CFR Section 175.320 as Blasting agent, n.o.s (mode 4). EE 11142±N DOT±E 11142 Gabriel Chemicals, Inc., ...... To authorize the transportation in commerce of a Houston, TX. Class 8 material meeting the definition of a poi- son inhalation material in certain DOT Specifica- tion 112S340W tank cars (mode 2). EE 11145±N DOT±E 11145 LaRoche Chemicals, In- 49 CFR 173.29(c)(2), To authorize the transportation in commerce of a corporated, Baton 173.31(b)(3), 179.100± DOT Specification 105A500W tank car, contain- Rouge, LA. 12(c) and, 179.100±13. ing a division 2.3 material, meeting all DOT re- quirements except that the tank car has a defec- tive safety relief valve and chlorine ``C'' kit at- tached (mode 2). EE 11150±N DOT±E 11150 Maine State Ferr Service, 49 CFR 172.101 ...... To authorize the transportation in commerce of liq- Rockland, ME. uefied petroleum gas in DOT Specification cyl- inders, secured to transport vehicles on-pas- senger ferry vessels, which is not authorized by the regulations (mode 3). 7284 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices EMERGENCY EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof EE 11154±N DOT±E 11154 CSX Transportation, Inc., 49 CFR 173.39(c)(2) ...... To authorize the transportation of a DOT Specifica- Jacksonville, FL. tion 105A300W tank car, containing a class 3 material, which does not fully comply with all DOT requirements (mode 2). EE 11155±N DOT±E 11155 CP Chemicals, Incor- ...... To authorize the transportation of a DOT Specifica- porated, Sumter, SC. tion 111A100W tank car, containing a class 3 material, which does not fully comply with all DOT requirements (mode 2). WITHDRAWAL EXEMPTIONS Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 7455±X Austin Powder Company, 49 CFR 176.177(g), Authorizes the handling and stowage of explosive Cleveland, OH. 176.177(h), 176.177(n), material in an anchored and unmanned barge, 176.177(q), 176.177(r), used as a magazine vessel (mode 3). 176.410(e). 7558±X Praxair, Inc., Danbury, CT 49 CFR 173.318(a)(1) ...... Authorizes use of a non-DOT specification portable tank, for transportation of certain nonflammable gases (mode 1, 3). 7638±X Gas Tech, Inc. Indianap- 49 CFR 173.316(a), 175.3 Authorizes the manufacture, marking and sale of olis, IN. DOT Specification 4L cylinders for transportation of certain nonflammable compressed gases (modes 1, 2, 3, 4). 8156±X Scott Specialty Gases, 49 CFR 173.121, Authorizes the shipment of flammable gases in DOT Inc., Plumsteadville, PA. 173.302(a)(4), Specification 39 cylinders up to 225 cubic inches 173.302(f), in volume (modes 1, 2). 173.304(a)(1). 8236±P Daicel Chemical Indus- 49 CFR 171.11 (see para- To authorize transport of a passive restraint system, tries, Ltd., Hyogo-Ken graph 8.d.), 173.153, and of the inflator therefor, containing a class B 671±16, Japan. 173.154, 175.3. explosive as a flammable solid (modes 1, 2, 3, 4). 8751±X Delta Tech Service, Inc., 49 CFR 173.119(a), Authorizes the shipment of various corrosive waste Martinex, CA. 173.119(m), 173.245(a), liquids or semi-solids in non-DOT specification 173.263(a), 173.346(a), cargo tanks similar to DOT Specification MC±312 178.340±7, 178.343±5. except for bottom outlet valve variations (mode 1). 8870±X Hach Company, Ames, IA 49 CFR 172.101, Authorizes the shipment of compatible hazardous 173.286, 175.3. materials of various classifications packed in sep- arate inside receptacles not exceeding 8 fluid ounces or 1¤2 pound packed inside a strong out- side container, labeled according to the highest order of hazard, and described as chemical kit (modes 1, 2, 3, 4, 5). 8956±X Clif Mock Company, 49 CFR 173.119, Authorizes the manufacture, marking and sale of Conroe, TX. 173.302(a)(1), non-DOT specification stainless steel cylinders for 173.304(a)(1), transportation of nonflammable gases, flammable 173.304(b)(1), 175.3, gases or flammable liquids (modes 1, 3, 4). 178.42. 10060±N Ashland Petroleum Com- 49 CFR 178.337±17, To authorize transportation of various flammable and pany, Ashland, KY. 178.337±8(a)(1), combustible liquids, spilled in highway incidents, in 178.337±9, 178.342± a modified DOT specification MC±331 tank mount- 5(a), Part 173, Subpart ed on a tandem axle truck (mode 1). D. 10332±N ABB Composites, Inc., 49 CFR 173.301(h) ...... To manufacture, mark and sell a non-DOT specifica- Irvine CA. tion composite pressure vessel for shipment of non-flammable gas (mode 1). 10439±N U.S. Department of De- 49 CFR 173.22(a), 174.3, To authorize transportation of ammunition for Can- fense, Falls Church VA. 175.3, 176.3, 177.801. non with solid projectile, classed as Class C ex- plosive instead of Class B packaged in accord- ance with DOD procedures (modes 1, 2, 3). 10597±X Jevic Transportation, Inc., 49 CFR 177.834(l)(2)(i) .... Authorizes the shipment of flammable liquids and/or Delanco, NJ. flammable gases in temperature controlled equip- ment (mode 1). 10675±N Schering Berlin Polymers 49 CFR 173.242, 173.244 To authorize the transportation of pyrophoric liquids, Inc., Dublin, OH. n.o.s. and flammable liquids, n.o.s. in non-DOT specification portable tanks. (modes 1, 2). 10701±P University of Missouri-Co- 49 CFR 177.825(b); Part To become a party to exemption 10701 (mode 1). lumbia, Columbia, MO. 107, Appendix B(1). 10741±N Northern Natural Gas 49 CFR 178.36±2 thru To authorize the use of a non-DOT specification cyl- Company, Houston, TX. 178.36±18. inder comparable to a 3AX cylinder for use trans- porting compressed natural gas (mode 1). Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7285 WITHDRAWAL EXEMPTIONSÐContinued Application No. Exemption No. Applicant Regulation(s) affected Nature of exemption thereof 10748±X McGill Specialized Car- 49 CFR 177.825(b) and To authorize the transport of radioactive material; riers, Inc., Marietta, GA. Part 107, Appendix B(1). using an alternative route which is not a state des- ignated route, or an interstate (mode 1). 10904±P S.C. Johnson & Son, Inc., 49 CFR 173.136, 173.137 To authorize an alternative mechanical type test Racine, WI. method to determine corrosivity and specific pack- aging group (mode 1). 10924±N BF Goodrich Company, 49 CFR 172.101 ...... To authorize the transportation of nitrogen trichloride Culver City, KY. in DOT DOT 3AA one liter cylinders enclosed in- side a plastic bag and placed inside insulated con- tainer having ice as the temperature control (mode 1). 11120±N The Ensing-Bickford Com- pany, Simbury, CT. 11126±N Shaw, Pittman, Potts & Trowbridge, Washing- ton, DC. Denials 10871–N Request by Gallery Chemical specification portable tanks Company Gallery, PA to authorize the comparable to DOT Specification 51 9066–X Request by Inflation Systems, one-way, one-time transportation of except the inlet and outlet openings Inc. LaGrange, GA to authorize the stainless steel pressure vessels are located at the side, for shipment transportation of an airbag gas containing varying amounts of fused of hydrogen sulfide, liquefied, classed generator as flammable solid in a box sodium metal, dangerous when wet as Division 2.3 denied September 2, constructed of single wall corrugated denied April 28, 1993. 1993. fiberboard with an inside styrofoam 10953–N Request by Air Transport 11069–N Request by Coulton Chemical container insert for shock absorption Association of America Washington, Corporation Sylvania, OH to authorize denied September 30, 1993. DC to extend the life of DOT- the transport of sulfur dioxide, 10715–N Request by U.S. Department Specification 3HT cylinders charged liquefied, PIH, Zone C material, of Defense Washington, DC to with nitrogen and oxygen, classed as Division 2.3 in non- authorize the transportation of Class B compressed, Division 2.2 utilized as insulated MC330 and MC331 cargo explosives and fireworks as part of components of aircraft systems denied tanks denied August 19, 1993. aircrew survival gear denied May 26, September 9, 1993. 11079–N Request by National Tank 1993. 10999–N Request by OEA, Inc. Denver, Truck Carriers, Inc. Alexandria, VA to 10716–N Request by The West India CO to Authorization certification authorize the transportation of Rum Refinery Ltd. Barbados, West Cylinders containing a compressed materials which are poisonous by Indies to authorize the transportation gas used within an automotive airbag inhalation (FIH) and other high of various distilled spirits, classed as inflator system to be exempt from the hazard materials in bulk packagings flammable liquids, in non-DOT burst with requirement of the CGA denied August 3, 1993. specification stainless steel portable pamphlet S–1.1 referenced in section 11083–N Reqeust by Rhone-Poulenc tanks equipped with pressure and 173.34(d) denied September 30, 1993. Basic Chemicals Co. Shelton, CT to vacuum relief valves denied July 26, 11027–N Request by Hoechst Celanese authorize the use of non-insulated 1993. Corporation Charlotte, NC to MC312 cargo tanks for transportation 10726–N Request by Metropolitan authorize the use of non-insulated of sulfur trioxide, uninhibited, Water District of Southern California MC330 and MC331 cargo tanks for (inhalation hazard) Class 8 denied Los Angeles, CA to authorize chlorine transportation of sulfur dioxide, August 19, 1993. filled cargo tank vehicles contents to classed as Division 2.3 denied August 11096–N Request by Peridot be unloaded at numerous unloading 26, 1993. Chemicals (New Jersey), Inc. Newark, points denied April 5, 1993. 11046–N Request by Marsulex Inc. NJ to authorize the transport of sulfur 10816–N Request by Electrical North York, Ontario, Canada to dioxide, liquefied, PIH, zone C Rebuilders Sitka, AK to authorize an authorize the transport of sulfur material, classed as Division 2.3 in additional method of packaging lead dioxide, liquefied, PIH, Zone C non-insulated MC331 cargo tanks acid batteries for use in bulk material, classed as Division 2.3 in denied August 20, 1993. transportation within freight uninsulated MC331 cargo tanks 11097–N Request by K & S Tank Lines containers denied May 24, 1993. denied August 19, 1993. Inc. Cooperhill, TN to authorize the 10836–N Request by Fibre Drum 11047–N Request by Cominco transport of sulfur dioxide, liquefied, Technical Council Washington, DC to Fertilizers (U.S.) Inc. Spokane, WA to PTH, zone C material, classed as authorize the manufacture, mark and authorize the transport of sulfur Division 2.3 in non-insulated MC330 sale of open-head fiber drums not to dioxide, liquefied, PIH, Zone C and MC331 cargo tanks denied exceed 55 gallon capacity which do material, classed as Division 2.3 in August 20, 1993. not meet the performance oriented uninsulated MC331 cargo tanks 11100–N Request by Rhone-Poulenc packaging standards required under denied August 19, 1993. Basic Chemicals Co. Shelton, CT to Docket HN–181 for the shipment of 11068–N Request by Ontario Hydro authorize the shipment sulfur certain lower level hazardous Toronto, Ontario, Canada to dioxide, liquefied in fifteen (15) non- materials denied August 9, 1993. manufacture, mark and sell non-DOT insulated DOT Specification MC–331 7286 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices cargo tank motor vehicles denied (SAGSTRAM) meeting to be held March made by the International Commission on August 20, 1993. 6–10, 1995 in Vienna, Austria. Radiological Protection (ICRP–60). The 11102–N Request by Boliden SAGSTRAM is a meeting of the proposed changes were developed by TCM– Intertrade Inc. Atlanta, GA to Competent Authorities from Member 800.3 and reviewed and formalized by TCM– States held annually to advise the 405.4. authorize the shipment of sulfur 3. Review and approval of the proposed dioxide, liquefied in eight (8) non- Secretariat on major transportation regulatory changes for packaging high insulated DOT Specification MC–330 issues facing the radioactive materials activity radioactive materials and large MC–331 cargo tank motor vehicles transportation industry and to plan the quantities of radioactive materials denied August 20, 1993. IAEA policies, activities, and responses transported by air. The proposed changes 11127–N Request by U.S. Department to these issues. were developed by TCM–675.3 and reviewed of Defense Falls Church, VA to DATES: February 28, 1995 at 10:00 a.m. and formalized by TCM–405.4. This agenda item will include a review of the possible authorize the shipment of ADDRESSES: Room 4436, Nassif ammunition packaged prior to exemption of very low dispersible material Building, 400 Seventh Street S.W., from the proposed air transport packaging October 1, 1992, which is marked, Washington, D.C. 20590. regulations. labeled and described on shipping FOR FURTHER INFORMATION CONTACT: 4. Review and approval of research topics papers in accordance with the Richard Boyle, Radioactive Materials brought before the IAEA transportation regulations in effect on September 30, Branch, Office of Hazardous Materials division for consideration. Proposed topics 1991 denied September 28, 1993. Technology, Research and Special include: revision of the Q-system, use of non- ductible materials in radioactive materials Issued in Washington, DC, on January 30, Programs Administration, Department packaging (brittle fracture), use of burnup 1995. of Transportation, Washington, D.C. credit for spent nuclear fuel packages, and J. Suzanne Hedgepeth, 20590; (202) 366–4545. the proper use and maintenance of UF6 Director, Office of Exemptions and Approvals. SUPPLEMENTARY INFORMATION: Several overpacks. [FR Doc. 95–2729 Filed 2–6–95; 8:45 am] issues will be discussed at the public The public is invited to attend BILLLING CODE 4910±60±M meeting which are being considered by SAGSTRAM at its March 6–10, 1995 without prior notification. meeting in Vienna, Austria. Currently, Documents: Copies of all documents International Standards on the SAGSTRAM’s agenda centers on relating to the issues to be discussed by Transport of Radioactive Materials; resolving the issues that have arisen SAGSTRAM are on file in RSPA’s Public Meeting during IAEA’s latest activities Dockets unit (Nassif Building, Room associated with the planned 1996 8421) and may be viewed Monday— AGENCY: Research and Special Programs revision of the regulations governing the Friday from 8:00 a.m. to 4:30 p.m. Administration (RSPA), Department of safe transport of radioactive materials Documents may also be requested by Transportation. (Safety Series No. 6). contacting RSPA’s Dockets Unit at (202) ACTION: Notice of public meeting. The major issues on the SAGSTRAM’s 366–4453. agenda are: SUMMARY: This notice is to advise Issued in Washington, D.C., on February 2, interested persons that RSPA will 1. Review and approval of the regulatory 1995. conduct a public meeting to discuss changes proposed by the Third Technical Alan I. Roberts, Committee Meeting (TCM) for the Revision of Associated Administrator for Hazardous issues to be considered at the the IAEA Regulations for the Safe Transport Materials Safety. International Atomic Energy Agency of Radioactive Materials (TCM–405–4). (IAEA) Standing Advisory Group for the 2. Review and approval of the regulatory [FR Doc. 94–2967 Filed 2–6–94; 8:45 am] Safe Transport of Radioactive Materials changes resulting from the recommendations BILLING CODE 4910±60±M 7287 Sunshine Act Meetings Federal Register Vol. 60, No. 25 Tuesday, February 7, 1995 This section of the FEDERAL REGISTER 6321A Railroad Accident Report: Briefing by OIG on Special Evaluation contains notices of meetings published under Derailment of the Ringling Bros. and Barnum (Public Meeting) the ``Government in the Sunshine Act'' (Pub. & Bailey Circus Blue Train, Lakeland, (Contact: Robert Shideler, 301–415–5972) L. 94-409) 5 U.S.C. 552b(e)(3). Florida, January 13, 1994. 2:00 p.m. 6521 Aircraft Accident Report: Runway Discusssion of Management Issues Departure Following Rejected Takeoff, (Closed—Ex. 2 and 6) BOARD OF GOVERNORS OF THE FEDERAL Continental Airlines Flight 795, McDonnell Douglas MD–82, N18835, LaGuardia Airport, Wednesday, March 1 RESERVE SYSTEM Flushing, New York, March 2, 1994. 10:00 a.m. TIME AND DATE: 11:00 a.m., Monday, 6514 Recommendations to Federal Briefing by Electricity Committee of February 13, 1995. Aviation Administration, U.S. Coast Guard, NARUC (Public Meeting) National Association of State Boating Law PLACE: (Contact: Spiros Droggitis, 301–504–2367) Marriner S. Eccles Federal Administrators, and the Seaplane Pilots Reserve Board Building, C Street 11:30 a.m. Association Concerning Seaplane Operations Affirmation/Discussion and Vote (Public entrance between 20th and 21st Streets, in Navigable Waters. Meeting) (if needed) N.W., Washington, D.C. 20551. 6354A Opinion and Order: Administrator Note: Afirmation sessions are initially v. Bielecki, et al., Dockets SE–9244–9249; STATUS: Closed. scheduled and announced to the public on a disposition of respondents’ appeals. MATTERS TO BE CONSIDERED: time-reserved basis. Supplementary notice is NEWS MEDIA CONTACT: Telephone: (202) provided in accordance with the Sunshine 1. Personnel actions (appointments, 382–0660. Act as specific items are identified and added promotions, assignments, reassignments, and to the meeting agenda. If there is no specific salary actions) involving individual Federal FOR MORE INFORMATION CONTACT: Bea Hardesty, (202) 382–6525. subject listed for affirmation, this means that Reserve System employees. no item has as yet been identified as 2. Any items carried forward from a Dated: February 3, 1995. requiring any Commission vote on this date. previously announced meeting. Bea Hardesty, CONTACT PERSON FOR MORE INFORMATION: Federal Register Liaison Officer. The schedule for Commission meetings is subject to change on short Mr. Joseph R. Coyne, Assistant to the [FR Doc. 95–3151 Filed 2–3–95; 2:40 pm] notice. To verify the status of meetings Board; (202) 452–3204. You may call BILLING CODE 7533±01±P (202) 452–3207, beginning at call (Recording)—(301) 415–1292. approximately 5 p.m. two business days CONTACT PERSON FOR MORE INFORMATION: before this meeting, for a recorded NUCLEAR REGULATORY COMMISSION Willian Hill (301) 415–1661. announcement of bank and bank DATE: Weeks of February 6, 13, 20, and This notice is distributed by mail to holding company applications 27, 1995. several hundred subscribers; if you no scheduled for the meeting. PLACE: Commissioner’s Conference longer wish to receive it, or would like Dated: February 3, 1995. Room, 11555 Rockville Pike, Rockville, to be added to it, please contact the Jennifer J. Johnson, Maryland. Office of the Secretary, Attn: Operations Deputy Secretary of the Board. STATUS: Public and Closed. Branch, Washington, D.C. 20555 (301– [FR Doc. 95–3164 Filed 2–3–95; 3:05 pm] MATTERS TO BE CONSIDERED: 415–1963). BILLING CODE 6210±01±P In addition, distribution of this Week of February 6 meeting notice over the internet system There are no meetings scheduled for the will also become available in the near NATIONAL TRANSPORTATION SAFETY BOARD Week of February 6. future. If you are interested in receiving TIME AND PLACE: 9:30 a.m., Tuesday, Week of February 13—Tentative this Commission meeting schedule February 14, 1995. There are no meetings scheduled for the electronically, please send an electronic PLACE: The Board Room, 5th Floor, 490 Week of February 13. message to [email protected] or [email protected]. L’Enfant Plaza, S.W., Washington, D.C. Week of February 20—Tentative * * * * * 20594. Dated: February 3, 1995. There are no meetings scheduled for the STATUS: The first three items are open to Week of February 20. William M. Hill, Jr., the public. The last item is closed under SECY Tracking Officer, Office of the Exemption 10 of the Government in the Week of February 27—Tentative Secretary. Sunshine Act. Tuesday, February 28 [FR Doc. 95–3150 Filed 2–3–95; 2:39 pm] MATTERS TO BE CONSIDERED: 10:00 a.m. BILLING CODE 7590±01±M 7288 Corrections Federal Register Vol. 60, No. 25 Tuesday, February 7, 1995 This section of the FEDERAL REGISTER TABLE 4.ÐPRELIMINARY 1995 ALLOCATION contains editorial corrections of previously (METRIC TONS) OF PACIFIC COD IN THE GULF published Presidential, Rule, Proposed Rule, OF ALASKA; ALLOCATIONS TO INSHORE AND and Notice documents. These corrections are OFFSHORE COMPONENTS prepared by the Office of the Federal Component Allocation Register. Agency prepared corrections are Regulatory area TAC issued as signed documents and appear in Inshore Offshore (90%) (10%) the appropriate document categories elsewhere in the issue. Western ...... 29,900 26,910 2,990 Central ...... 68,000 61,200 6,800 Eastern ...... 5,100 4,590 510 Total ...... 103,000 92,700 10,300 DEPARTMENT OF COMMERCE BILLING CODE 1505±01±D National Oceanic and Atmospheric Administration DEPARTMENT OF ENERGY 50 CFR Parts 611, 672, and 676 Federal Energy Regulatory [Docket No. 941249±4349; I.D. 112894C] Commission Foreign Fishing; Groundfish of the Gulf of Alaska; Limited Access [Docket No. PR95-4-000] Management of Federal Fisheries In Arkansas Oklahoma Gas Corporation; and Off of Alaska Notice of Petition for Rate Approval Correction Correction In rule document 94–31399 beginning on page 65975, in the issue of Thursday, In notice document 95–1922 December 22, 1994, make the following appearing on page 5172 in the issue of correction. Thursday, January 26, 1995, the docket On page 65979, Table 4 is corrected line should read as set forth above. to read as set forth below: BILLING CODE 1505±01±D federal register February 7,1995 Tuesday Agreements andOrders;ProposedRule Amendments toTentativeMarketing Marketing Areas;DecisiononProposed Milk intheNewEnglandandOther 7 CFRPart1001etal. Agricultural MarketingService Agriculture Department of Part II 7289 7290 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules DEPARTMENT OF AGRICULTURE 7 CFR previous certification in a letter to the part Marketing area AO Nos. Administrator of the Agricultural Agricultural Marketing Service Marketing Service. The SBA indicated 1131 Central Arizona ... AO±271±A31 that the certification does not comply 7 CFR Parts 1001, 1002, 1004, 1005, 1134 Western Colorado AO±301±A23 with the analytical mandate of the 1135 Southwestern 1006, 1007, 1011, 1012, 1013, 1030, Regulatory Flexibility Act (RFA) in that 1032, 1033, 1036, 1040, 1044, 1046, Idaho-Eastern Oregon ...... AO±380±A12 at least a brief explanation of the 1049, 1050, 1064, 1065, 1068, 1075, reasons for the certification must be 1076, 1079, 1093, 1094, 1096, 1099, 1137 Eastern Colorado AO±326±A27 1138 New Mexico-West provided to inform the regulated 1106, 1108, 1124, 1126, 1131, 1134, Texas ...... AO±335±A38 community of the reasons for the 1135, 1137, 1138, 1139 1139 Great Basin ...... AO±309±A32 certification. Furthermore, the SBA contends that the simple assertion that [Docket No. AO±14±A66, etc.; DA±92±11] 1 The Memphis, Tennessee, and Nashville, the amendments would promote the RIN 0581±AA57 Tennessee, orders were terminated, effective July 31, 1993. orderly marketing of milk by producers and regulated handlers is insufficient Milk in the New England and Other AGENCY: Agricultural Marketing Service, and is contradicted by the findings in Marketing Areas; Decision on USDA. the recommended decision. Proposed Amendments to Tentative ACTION: Proposed rule. Marketing Agreements and Orders Specifically, the SBA contends that the SUMMARY: This decision adopts the base recommended decision ‘‘acknowledges month Minnesota-Wisconsin (M-W) that the proposed modifications could 7 CFR Marketing area AO Nos. part price updated with a butter/powder/ result in wide swings in price for any cheese formula as the replacement for given month (59 FR 40428).’’ The SBA 1001 New England ...... AO±14±A66 the Minnesota-Wisconsin price series, contends that these price changes could 1002 New York-New be significant for small handlers and Jersey ...... AO±71±A81 which establishes minimum prices for milk under all Federal milk orders. The processors. 1004 Middle Atlantic .... AO±160±A69 Since the SBA letter refers to a 1005 Carolina ...... AO±388±A6 amendments adopted in this decision 1006 Upper Florida ...... AO±356±A30 are based on evidence received at a specific finding in the recommended 1007 Georgia ...... AO±366±A35 public hearing held June 15–19, 1992. decision to question the certification, 1011 Tennessee Valley AO±251±A37 The amendments differ from the the letter was filed with the Hearing 1012 Tampa Bay ...... AO±347±A33 Recommended Decision in that they use Clerk as an exception to the decision. 1013 Southeastern Also, since the ‘‘exception’’ refers to a the Western Dry Buttermilk and Nonfat Florida ...... AO±286±A40 specific finding, it is dealt with in the Dry Milk prices in the updating formula 1030 Chicago Regional AO±361±A30 findings and conclusions below. With instead of the Central States Dry 1032 Southern Illinois- regards to the basis for the certification, Buttermilk and Nonfat Dry Milk prices. Eastern Mis- SBA ignores the fact that the souri ...... AO±313±A40 Referenda will be conducted in five recommended decision contained an 1033 Ohio Valley ...... AO±166±A63 markets, and dairy farmer cooperatives extensive analysis of the effect of the 1036 Eastern Ohio- will be polled in the other markets to proposed amendments, as well as Western Penn- determine whether dairy farmers numerous alternatives, and their sylvania ...... AO±179±A58 approve the issuance of the orders as 1040 Southern Michi- comparative effect on the current price gan ...... AO±225±A44 amended to incorporate the base month series. Reference by SBA only to the 1044 Michigan Upper M-W price updated with a butter/ conclusory statements in the Peninsula ...... AO±299±A28 powder/cheese formula. recommended decision, therefore, is not 1046 Louisville-Lexing- FOR FURTHER INFORMATION CONTACT: John justified. ton-Evansville .. AO±123±A64 F. Borovies, Branch Chief, USDA/AMS/ At this point, we reaffirm that the 1049 Indiana ...... AO±319±A41 Dairy Division, Order Formulation proposed rule will not have a significant 1050 Central Illinois ..... AO±355±A28 Branch, Room 2968, South Building, 1064 Greater Kansas economic impact on a substantial City ...... AO±23±A61 P.O. Box 96456, Washington, D.C. number of small entities for reasons that 1065 Nebraska-West- 20090–6456, (202) 720–6274. are set forth later in this decision. The ern Iowa ...... AO±86±A49 SUPPLEMENTARY INFORMATION: This base month M–W price, updated by a 1068 Upper Midwest .... AO±178±A47 administrative rule is governed by the product price formula, will continue to 1075 Black Hills, South provisions of sections 556 and 557 of apply in the same manner as the current Dakota ...... AO±248±A22 Title 5 of the United States Code and M–W price but has a greater degree of 1076 Eastern South therefore is excluded from the reliability for reasons that are set forth Dakota ...... AO±260±A31 1079 Iowa ...... AO±295±A43 requirements of Executive Order 12866. in this decision. 1093 Alabama-West The Regulatory Flexibility Act (5 These proposed amendments have Florida ...... AO±386±A13 U.S.C. 601–612) requires the Agency to been reviewed under Executive Order 1094 New Orleans-Mis- examine the impact of a proposed rule 12778, Civil Justice Reform. This action sissippi ...... AO±103±A55 on small entities. Pursuant to 5 U.S.C. is not intended to have retroactive 1096 Greater Louisiana AO±257±A42 605(b), the Administrator of the effect. If adopted, this proposed rule 1 1097 Memphis, Ten- Agricultural Marketing Service has will not preempt any state or local laws, nessee ...... AO±219±A48 certified that this action will not have a regulations, or policies, unless they 1 1098 Nashville, Ten- significant economic impact on a present an irreconcilable conflict with nessee ...... AO±184±A57 1099 Paducah, Ken- substantial number of small entities. this rule. tucky ...... AO±183±A47 The amendments will promote orderly The Agricultural Marketing 1106 Southwest Plains AO±210±A54 marketing of milk by producers and Agreement Act of 1937, as amended (the 1108 Central Arkansas AO±243±A45 regulated handlers. Act), provides that administrative 1124 Pacific Northwest AO±368±A22 The U.S. Small Business proceedings must be exhausted before 1126 Texas ...... AO±231±A62 Administration (SBA) objected to the parties may file suit in court. Under Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7291 section 608c(15)(A) of the Act, any provisions of the Act and the applicable that the statistical information handler subject to an order may file rules of practice (7 CFR part 900), in developed in the study be made with the Secretary a petition stating that Alexandria, Virginia, on June 15–19, available to the public. the order, any provision of the order, or 1992, pursuant to notice issued May 12, A Notice of Hearing issued on May any obligation imposed in connection 1992 (57 FR 20790). 15, 1992, listed ten proposals to be with the order is not in accordance with Upon the basis of the evidence considered during the M–W price the law and requesting a modification of introduced at the hearing and the record replacement hearing. The proposals fell an order or to be exempted from the thereof, the Administrator, on August 3, into four main categories: (1) order. A handler is afforded the 1994, issued the recommended decision Competitive pay prices, (2) product opportunity for a hearing on the containing notice of the opportunity to price formulas, (3) cost-of-production petition. After a hearing, the Secretary file written exceptions thereto. formulas, and (4) the price support would rule on the petition. The Act The material issues, findings and level. Several of the competitive pay provides that the District Court of the conclusions, rulings, and general prices were also proposed in United States in any district in which findings of the recommended decision conjunction with product price the handler is an inhabitant, or has his are hereby approved and adopted and formulas for price-updating purposes. or her principal place of business, has are set forth in full herein, subject to the The hearing was specifically limited to jurisdiction in equity to review the following modifications: a replacement for the M–W price. The Secretary’s ruling on the petition, 1. Four paragraphs are added after hearing notice also specified that any provided a bill in equity is filed not paragraph 74; proposals that would change the price later than 20 days after date of the entry 2. One paragraph is added after level would have to be justified under of the ruling. paragraph 76; the supply and demand pricing No amendatory action is taken in this 3. Three paragraphs are added after standards of the Act (7 U.S.C. 608c(18)). decision for two other markets paragraph 88; Replacement for the Minnesota- (Memphis, Tennessee, and Nashville, 4. One paragraph is added after Wisconsin Price Series Tennessee) that were involved in this paragraph 92; proceeding and listed in the original 5. Twelve paragraphs and one table All Federal milk orders should be hearing notice. These orders were are added after paragraph 93; amended to provide for a new price terminated effective July 31, 1993. This 6. Paragraph 95 is revised; series that will establish minimum proceeding is hereby terminated with 7. Five paragraphs are added after prices under Federal milk orders respect to those two markets. Thus, of paragraph 95; utilizing the base month M–W the 40 orders originally involved in this 8. In paragraph 96, subparagraph 3(a) competitive pay price updated with a proceeding, the new pricing is revised; butter/powder/cheese product price amendments are adopted herein for only 9. Paragraphs 97–98 are revised, the formula. 38 orders. table after paragraph 98 is removed, and Adoption of the updated base month At the time of publication of this seven paragraphs are added; and M–W price will result in a basic formula decision in the Federal Register, a 10. One paragraph is added after price that adequately reflects the value proposed termination is being paragraph 99. of milk used in manufactured products considered for the Paducah, Kentucky, The material issue on the record of and will allow for the continued use of milk order. If the proposed termination the hearing relates to: Replacement of an unregulated, competitive market is approved, then a referendum on the the Minnesota-Wisconsin price series price. Hence, supply and demand amendments contained in this decision used to establish minimum prices under conditions will continue to be directly will not be necessary and will not be the Federal orders. reflected in the basic formula price that serves as a basis for minimum pricing of conducted. However, if the proposed Findings and Conclusions termination is not approved for the regulated milk. Paducah, Kentucky, order then proper The following findings and Since the M–W price was first notice will be given in the Federal conclusions on the material issues are adopted in 1961 in the Chicago Regional Register and a referendum will be based on evidence presented at the marketing area, it has been used as a conducted to determine approval of the hearing and the record thereof: basis for setting minimum prices paid by regulated handlers. The M–W price amendments contained in this decision. Background Statement The amendments adopted in this final is the mover of all Class I and Class II decision are tailored to conform with This proceeding was initiated in prices and is essentially the Class III the amendments adopted on the basis of response to concerns expressed price under all orders. Using the M–W the national hearing adopting a new regarding the reliability of the price as the Class III price maintains Class II price. Minnesota-Wisconsin price series (M–W price coordination between Grade B and Prior documents in this proceeding: price) as an accurate indicator of the Grade A milk supplies used for Notice of Hearing: Issued May 12, average price of milk used in manufacturing purposes. 1992; published May 15, 1992 (57 FR manufactured products because of a The M–W price is a competitive price 20790). continuing decline in manufacturing that represents an estimate of the Recommended Decision: Issued grade (Grade B) milk production and the average of prices paid for Grade B milk August 3, 1994; published August 6, number of plants that compete for the in Minnesota and Wisconsin by plants 1994 (59 FR 40418). Grade B milk supply. Prior to the that manufacture butter, nonfat dry announcement of this hearing, a study milk, and cheese. These products are Preliminary Statement of possible alternative pricing sold in a national market in competition A public hearing was held upon mechanisms was undertaken by the with such products made from Grade A proposed amendments to the marketing Department and was released in milk that is in excess of fluid milk agreements and the orders regulating the November 1991. A study was also needs. Month-to-month changes in the handling of milk in the New England mandated by Congress in the 1990 Farm M–W price reflect changes in overall and other specified marketing areas. The Bill, which further required that a supply and demand conditions for milk hearing was held pursuant to the public hearing be held on the issue and and its products nationally. 7292 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules The M–W price is currently computed 1,200 plants. By 1992, Grade B Proponents of proposals one and two, by the National Agricultural Statistics production had declined to five billion as listed in the hearing notice, were the Service (NASS). It is announced on or pounds or 14 percent of the total milk main supporters of the adoption of an before the 5th day of every month and production in the two States, with 272 A/B price to replace the current M–W applies to Grade B milk delivered plants purchasing the milk. Due to the price. The National Farmers during the previous month. For decline in Grade B production and the Organization (NFO), a cooperative example, the M–W price for February is number of plants purchasing the milk, association that proposed proposal one, announced on March 5 (in 1994 it was along with the number of plants which advocated the usage of an announced on March 4). The M–W price can provide actual pay price data for the A/B price updated by 50 percent of a determination is a two-step process. It first half of the month, the statistical product price formula. In connection involves (1) determining the average of reliability of the M–W price has been with the A/B price, NFO recommended actual pay prices at a large number of questioned. the adoption of a floor price for the plants purchasing Grade B milk for the Several proposals considered during basic formula price equal to the cost of base month (in the above example, this proceeding were based on production. January), and (2) based on a sample of competitive pay prices. There was Two witnesses testified on behalf of these plants, determining what the support by a large majority of the NFO. The first witness primarily expected change in pay prices will be witnesses who testified during the focused on the cost-of-production floor from the base month (January) to the hearing and in post-hearing briefs for price. He stated that a fundamental following month (February), the month the adoption of a competitive pay price purpose of NFO is to seek the cost of for which the M–W price is being series. Most witnesses testified in production plus a reasonable profit for determined. The reason for the updating opposition to the use of product price dairy farmers. To meet this procedure is that actual pay prices for formulas, the support price, and cost-of- organizational purpose, NFO proposed a month are not available until late in production formulas as replacements for using the national average economic the following month. Thus, updating the the M–W price. Three main competitive (full ownership) costs, as calculated by the Economic Research Service for the base month M–W price results in an M– pay price series were considered during most recently reported calendar year, as W price that better reflects current the hearing: the A/B price series, the the floor price. The floor price would be marketing conditions. base month M–W (which is currently utilized as the basic formula price To calculate the base month M–W used to calculate the M–W price), and whenever the competitive A/B price fell price, NASS collects actual data for the the Agricultural Prices M–W. These below the cost of production. The entire previous month from competitive pay price series were witness contended that establishing a approximately 160–170 plants located proposed in combination with a product floor price for the basic formula price in Minnesota and Wisconsin. The plants price formula to be used to update the report the total pounds of Grade B milk would provide dairy farmers with previous month’s price to the current received from producers and the total stability in their milk price. The witness month with one exception which will dollars paid to producers for the entire further stated that NFO did not believe be addressed later. month. These plants represent that establishing a floor price at the cost- approximately two-thirds of all Grade B An A/B manufacturing price series of-production level would have any milk sold in the two States. (A/B price) was developed based on impact on stimulating production. NASS derives the estimated portion of industry proposals and comments The second witness for NFO testified the M–W price series based on reports submitted in connection with the regarding the need to adopt an A/B of a sample of approximately 67 of the Department’s study. NASS developed price with a product price updater as a base-month plants. These plants this new competitive pay price series replacement for the M–W price. This account for about 35 percent of the total that represents prices paid for milk used witness asserted that a competitive pay manufacturing grade milk sold in the in the manufacturing of dairy products, price based solely on Grade B milk does two States. These plants provide actual regardless of grade. NASS collects data not represent the true farm value of milk pay price data for the first half of the from 150 plants in Minnesota and because of the decline in competition month and estimate prices for the Wisconsin that receive Grade B and/or among plants purchasing Grade B milk. second half of the month to which the Grade A milk used primarily to He contended that this lack of M–W price relates. NASS then manufacture cheese, butter, and nonfat competition allows plants to shift calculates the estimated change in price dry milk. The sample represents 78 money from Grade B milk producers between the base month and the current percent of Minnesota’s total milk and use this extra money to attract month and applies this estimated production, of which approximately 75 Grade A producers. Accordingly the change to the base month M–W price to percent is Grade A, and 65 percent of witness stated that the A/B price series determine the M–W price. According to Wisconsin’s total milk production, of needed to be adopted to better reflect the NASS witness who testified at the which about 84 percent is Grade A. the true value of milk used in hearing, some plants in the estimate The calculation of the A/B price manufacturing. survey are unable to provide actual requires the deduction of the ‘‘pool The witness addressed the concern of price data and can only estimate draw,’’ which is money that the Grade regulated prices being reported within purchases for the first half of the month. A plants receive from the Federal order the A/B price calculation that may Thus, the plants in the estimate survey pool as part of their share of the Class create an upward price bias. NFO that report actual price information I market. This information is obtained recognizes that this is a major factor; account for about 25 percent of the by NASS from the Chicago Regional and however, they do not propose to Grade B milk in the two States. Upper Midwest market administrators. deregulate any plants in the A/B survey When the price series was first The A/B prices are reported routinely in since a majority of the reporting plants adopted in 1961, Grade B milk ‘‘Dairy Market News.’’ As currently are cooperative plants. The witness production accounted for 68 percent, or calculated, the A/B price that is stated that the ‘‘blend down’’ of the 18 billion pounds, of the total milk available on or before the 5th day of the Grade A price by the Grade B price and production in the two States. This month is the price for the second the non-inclusion of hauling subsidies production was purchased by about preceding month. would provide room above federal order Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7293 minimum prices for flexibility in both guide for the following week. The further explained that the A/B price also upward and downward price witness claimed that the dairy industry incorporates the highly competitive movements. The witness asserted that needs this information for buying, premium price structures that exist in this would negate any concern about an selling, and determining the value of the Midwest. Together these two factors, upward price bias in the A/B price milk in manufactured products. according to the Kraft witness, result in series. Two additional proposals noticed the upward price bias. The witness Because the A/B price announced on were based on the A/B price series. One stated that this higher price level cannot or before the 5th of each month would proponent of proposal three, the be justified based on current supply and apply to milk marketed in the second Northeast Ad Hoc Federal Order demand conditions as a replacement for preceding month, NFO proposed the use Committee, withdrew its support for the M–W price. of a product price updating formula in this proposal. This proposal would have Briefs filed on behalf of Anderson- conjunction with the A/B price. NFO expanded the amount of milk surveyed Erickson and Southern Foods Group advanced the use of 50 percent of a and/or expanded the states included in (AE/SFG), Kraft, Southern Coalition of product price formula which included the survey. No other proponents of an Dairy Farmers (SCDF), United Dairymen all primary products and by-products of expanded survey testified in support of of Arizona (UDA), Wisconsin Farm milk. NFO maintains that all products this proposal. Thus, it is considered Bureau Federation and Minnesota Milk should be used in a product price abandoned. Producers Association (WFBF/MMPA), formula to reflect the full value of Land O’Lakes (LOL) was the and the United States Department of producer milk. The witness stated that proponent of proposal four, the A/B Justice reiterated that the nature of the NFO chose to use only 50 percent of the price updated with a product price A/B price survey results in an upward updater because producer prices are not formula. At the hearing the witness for bias in the reported price because of the as volatile as prices in the product LOL offered a modification to the inclusion of the regulated Grade A milk markets and because NFO believes this proposal as noticed. This modification and the lack of adjustment for some would lend a further degree of stability was ruled to be beyond the limited price premiums. The briefs also to producer prices. scope of the hearing. As a result, LOL maintained that adopting the A/B price The Trade Association of Proprietary removed their support for this proposal. as a replacement for the M–W price Plants (TAPP) and Farmers Union Milk Thus, it is considered abandoned. would result in higher prices under the Marketing Cooperative (FUMMC) also One additional proposal, proposal Federal order program, an outcome supported the adoption of the A/B price number seven, utilizes the A/B price which has no economic justification series to replace the M–W price. The series in conjunction with a product based on current supply and demand TAPP and FUMMC’s proposal (number price formula as a replacement conditions. two) would utilize an A/B price series alternative for the M–W price. This Substantial opposition to the adoption updated by a weekly butter/powder/ proposal will be addressed later in this of a cost-of-production floor price was cheese product price formula. To this decision. expressed by numerous witnesses at the value a competitive premium would be Opposition to the adoption of the hearing and subsequently in post- added and 20 cents deducted yielding a A/B price series was expressed hearing briefs. The brief filed by tentative weekly M–W price. The final specifically by two witnesses during the AE/SFG specifically addressed the M–W price would be announced on or hearing and subsequently in several concept of establishing floor prices. The before the 5th of the following month briefs. A witness for the Milk Industry brief stated that ‘‘establishing floor and would be the weighted average of Foundation and the International Ice prices would disassociate prices from the tentative weekly M–W prices for the Cream Association (MIF/IICA), trade the market needs.’’ Official Notice is current month. associations representing a substantial taken of the Final Decision (58 FR The witness representing these two number of dairy processors, stated that 12634, published March 5, 1993) from groups testified that the current M–W the adoption of an A/B price survey the 1990 National Hearing. The brief price, which is based solely on Grade B provides a broader sample of milk, but also pointed out that in the 1990 milk, underrepresents the true would enhance the basic formula price. National Hearing final decision floor competitive value of milk for This, according to MIF/IICA, does not prices for Class I and Class II milk were manufacturing purposes by 45 to 60 meet the criteria set forth in the hearing rejected. The AE/SFG brief alleged that cents per hundredweight. According to notice that the M–W replacement the proponents failed to provide supply the witness, this difference is paid to alternative be revenue-neutral. The and demand evidence which producers in the form of premiums and witness cited statistics which indicated demonstrates that marketing conditions hauling subsidies. The witness said that that during the period of September have changed substantially within the because these are not consistent 1990 through March 1992, the A/B price last two years to warrant a change from between plants, this situation is creating averaged 65 cents higher than the M–W the Department’s earlier decision. chaotic marketing conditions. The price. The witness further expressed Additional opposition to proposals witness stated that incorporating Grade concern regarding an upward bias that replacing the M–W price with cost-of- A milk into the Minnesota and is built into the A/B price because some production formulas is addressed later Wisconsin price survey would result in of the milk included in the survey is in this decision. a price series which would reflect the regulated. The second competitive pay price true competitive value of milk and A second witness representing Kraft series considered as a replacement for promote orderly marketing conditions. General Foods (Kraft), opposed the the M–W price is the base month M–W The witness further testified that the adoption of the A/B price and further price. As explained previously, the base industry is in need of current, or addressed the question of the upward month M–W price is one component weekly, pricing to assist in marketing bias in the A/B price. The witness stated currently used by NASS to compute the decisions. Using the A/B price in that the A/B price uses regulated Grade M–W price. Adoption of the base month conjunction with a weekly updater to A prices in the survey which are not M–W price was advanced by five establish a tentative weekly M–W price competitively determined and therefore proponents in the notice of hearing. The would provide the industry with current cannot truly reflect the value of milk MIF/IICA and AE/SFG proposed the use information to be used as a pricing used in manufacturing. The witness of the base month M–W price in 7294 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules conjunction with a product price advance pricing currently available producers and processors that they formula updater. This price would be under the Federal order program. claim has resulted in a lack of available on or before the 5th day of the Kraft also supported the adoption of competition for the Grade B milk supply month and would be based on the price the base month M–W price as the and an increased competition for the for the second preceding month updated replacement for the current M–W price. Grade A milk supply. The opposition by the change in a product price However, Kraft’s proposal does not further contended that as manufacturers formula for the preceding month. include an updater. Thus, the price shift money away from the Grade B The witness representing the MIF/ announced on the 5th of each month supply, they can use this money to IICA testified that a basic formula price, would be the price for the second attract the Grade A milk supply. This based on an expanded, unregulated preceding month. For example, the results in Grade B prices which do not competitive pay price for Grade B milk price announced on March 5th would truly reflect the value of milk used for in Minnesota and Wisconsin, would represent January pay prices. The manufacturing purposes. The opponents best reflect the supply and demand witness representing Kraft testified that argued that merely enlarging the sample conditions for all major uses of the adoption of the base month M–W size would neither affect the amount of manufactured dairy products and would without an updating adjuster would competition nor the value of the milk. provide the industry with a reliable accomplish the following objectives: (1) The Cheese Makers also argued that price series. The witness stated that the Eliminate the use of estimated prices; the continued use of a Grade B survey base month M–W price survey (2) Keep the M–W price determined in results in the extended use of an represents about 60 percent of all Grade a non-regulated market; (3) Reflect untimely price announcement, B milk in Minnesota and Wisconsin and competitive conditions for milk rather announcing the price for the milk after incorporates a representative sample of than products; (4) Result in a more it has been manufactured into products. both twice-a-month pay plants, as in the competitively determined price; and (5) The witness stated that the dairy current M–W price, and once-a-month Remain free from fine tuning. industry is one of the last industries to pay plants. Because the base month The Kraft witness testified in engage in the receipt of a raw opposition to the use of an updater in M–W price available on or before the commodity, manufacture it into finished conjunction with the base month M–W 5th day of the month is for the second products, and price and sell these price for two reasons. First, although he preceding month, the witness stated the products before knowing the cost of the agreed that product prices and milk need for a product price formula to raw ingredient. This, according to the prices are related, he stated that changes witness, is resulting in an unstable update the base month M–W price. The in competitive milk prices do not market. MIF/IICA proposed adopting a butter/ correspond exactly with changes in To follow through on the argument powder/cheese formula using annual product prices. Secondly, the witness presented by the Cheese Makers product yields and Minnesota and asserted that product price formulas are regarding the untimeliness of a Grade B Wisconsin product weights to update subject to controversy based on which survey, several witnesses opposed the the base month M–W price. This product prices, product yields, and additional lag in pricing created by formula was utilized in the weight factors are used. Kraft’s proposal. In fact, most witnesses Department’s study to update the The Kraft witness acknowledged that who supported the adoption of a Agricultural Prices M–W. For example, the additional lag created by Kraft’s competitive pay price series advocated the use of an updating formula would proposal may affect the way the the use of a product formula for result in the price announced on March industry conducts business, as the lag updating purposes. One witness for the 5th being based on January pay prices may create month-to-month differences Central Milk Producers Cooperative updated by changes in product prices in processor margins. However, the (CMPC) stated that the industry has long between January and February. witness contended that over time this recognized one problem with the The witness testified that this proposal does not change the current M–W price being the time lag proposal would be essentially revenue- competitive value of milk to either between changes in product markets neutral when compared to the current producers or processors. and milk prices both on the upside and M–W price. Their comparison of these Opposition to the adoption of the base downside of the market. The two price series from January 1988 month M–W price was presented by combination of the M–W price lag and through April 1992 resulted in an witnesses representing NFO, TAPP/ the forward pricing used in the Federal updated base month M–W price that FUMMC, and the United States Cheese order program further complicates the averaged only five cents per Makers Association, the American timing problem and any additional lag hundredweight higher than the current Producers of Italian Type Cheese would be unacceptable. In its brief, M–W price. Association, the Ohio Swiss Cheese CMPC further asserted that an A witness representing Country Fresh, Association, and the Wisconsin Cheese additional lag could create an Inc., the Morningstar Group, Inc., and Makers Association (Cheese Makers) opportunity for exploitation of the Oak Farms Dairy (Country Fresh, et al.) and in briefs filed on behalf of these market by manufacturers. also testified in support of the adoption organizations and WFBF/MMPA. The The witness for Country Fresh, et al., of the updated base month M–W price witnesses for these organizations stated that these organizations strongly as a replacement for the current M–W objected to the adoption of the base oppose any reduction in the amount of price. The witness supported this month M–W price for two primary forward notice the industry currently proposal for four main reasons: (1) It reasons. First, the decline in the amount receives on its raw milk costs. This uses actual Grade B milk prices in of Grade B milk production raises point of view was further addressed by Minnesota and Wisconsin, thus linking uncertainty about the statistical the National Milk Producers Federation Federal order prices to the competitive reliability of any survey based only on witness who stated that Federal order markets; (2) it expands the Grade B Grade B milk. Secondly, a Grade B only prices should, to the maximum extent survey to alleviate NASS’ statistical survey does not reflect the true value of possible, reflect current market concerns; (3) prices remain relatively milk used for manufacturing purposes. conditions. The brief filed on behalf of equal to current M–W prices; and (4) the The opposition recited statistics AE/SFG stated that although we proposal provides the same amount of regarding the decline in Grade B milk ‘‘understand Kraft’s proposal * * * less Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7295 current pricing does not benefit anyone Prices M–W because Federal order mechanism designed to reflect the in the industry.’’ prices should reflect current market current true value for milk. This The third competitive pay price series conditions as much as possible and the proposal would require the advanced as an alternative to the current one-month lag created by this formula announcement of weekly prices based M–W price is the Agricultural Prices would be unacceptable. The proponents on a butter/powder/cheese formula M–W (Ag Prices M–W), which was of the Ag Prices M–W recommended the using the most recent weekly product developed for the study in response to use of the same product price updating prices. This weekly basic formula price an industry request to make the least formula that is currently used to update would be announced on Friday and amount of change necessary to replace Class II prices. Use of the Ag Prices would apply to the following Monday the current M–W price. The Ag Prices M–W was also supported by Darigold, through Sunday. The weekly prices M–W is an approximation of the base Farmers Cooperative Creamery, would then be used to compute a month M–W price and is calculated Northwest Independent Milk Producers monthly average product price formula from NASS’ ‘‘Prices Received’’ series, Association, and Tillamook Cooperative value. A competitive differential, the which includes estimates of Creamery Association (Darigold, et al.), difference between the monthly A/B manufacturing grade milk prices for all of whom are additional proponents price and the average product price Minnesota and Wisconsin. The ‘‘Prices of the Ag Prices M–W. A witness value, would be multiplied by 50 Received’’ estimates are computed representing Darigold, et al., concluded percent to yield a preliminary adjustor. approximately two weeks prior to the that an important element of this price The preliminary adjustor would be tabulation of the base month M–W series is its relative price stability added to the monthly product price price. These estimates are published compared with the current M–W price. formula value to determine the around the end of each month in Opposition to the use of the Ag Prices calculated basic formula price. The final ‘‘Agricultural Prices’’, a NASS M–W was advanced by the same industry price would then be computed publication. organizations who opposed the based on 75 percent of the difference The ‘‘Prices Received’’ estimates are adoption of the base month M–W price. between the competitive A/B price and derived from reports of plants that are The opposition cited the identical the calculated basic formula price plus part of the base month sample. These arguments for opposing the Ag Prices the blend price for the second preceding prices for Minnesota and Wisconsin are M–W as for the base month M–W price. month. The intended result is a price to weighted together using the same In post-hearing briefs, all of the producers which would be more weights as in the M–W price to proponents of the base month M–W representative of the value of determine the Ag Prices M–W. Thus, the price and the Ag Prices M–W reiterated manufacturing grade milk. Ag Prices M–W available on the 5th day the need for the adoption of a The witness testifying on behalf of the of the month would be the price for the competitive pay price series as a Cheese Makers stated that their proposal second preceding month. The price replacement for the current M–W price. would determine the true announced March 5th would represent Most of the proponents of these two manufacturing value of milk by using a January pay prices. The volume of proposals, with the exception of Kraft, product price formula updated with a Grade B milk represented in the ‘‘Prices stated that the primary difference competitive pay price. The witness also Received’’ sample represents about 30 between the updated base month M–W testified to the need within the industry percent of all Grade B milk sold in price and the updated Ag Prices M–W for current pricing or announcing a Minnesota and Wisconsin. was the sample size. Most of these price on Friday of each week that could The adoption of the Ag Prices M–W proponents expressed a willingness to be used as a guideline for pricing milk updated with a product price formula support either competitive pay price the following week. According to the was supported by numerous producer series based on the amount of milk the witness, current pricing is crucial to the organizations during the hearing. One Department determined would be dairy industry because the price of the proponent of this replacement option, necessary to obtain an accurate estimate raw milk used in manufacturing is proposal number six, was the National of the price paid for Grade B milk in unpriced when the finished product is Milk Producers Federation (NMPF), a Minnesota and Wisconsin. sold. federation that represents a substantial Three other types of proposals were Opposition to the Cheese Makers use number of dairy cooperative marketing considered at the hearing: Product price of a product price formula as the basis associations. A witness speaking on formulas, the support price, and cost-of- for the basic formula price was behalf of NMPF testified that there are production formulas. All three types of presented by several organizations currently sufficient quantities of Grade proposals received substantial during the hearing and in post-hearing B milk being marketed in Minnesota opposition. One other proposal listed in briefs. The witness representing Country and Wisconsin to allow NASS to collect the hearing notice, proposal number Fresh, et al., stated that although reliable price information received by eight, would have established the basic product prices reflect supply and dairy producers for Grade B milk in formula price on wholesale prices of demand conditions in the marketplace, those States. manufactured products. Two translating these into raw milk prices The NMPF witness further stated that proponents, Lamers Dairy, Inc., and presents problems. According to the the Ag Prices M–W ‘‘will reflect a price Empire Cheese, Inc., withdrew their Country Fresh, et al., witness a product level determined by competitive support for this proposal. There was no formula price has three key conditions which are affected by supply other support for proposal eight during components: product prices, yield and demand in all the major uses of the hearing. Thus, it is considered factors, and manufacturing allowances. manufactured dairy products. It is a free abandoned. Selecting the appropriate product market pay price resulting from The Cheese Makers proposed the prices, yield factors and manufacturing competitive bidding among unregulated adoption of a product price formula allowance to be used in the formula is processors for milk for various updated by a competitive pay price difficult. The witness explained that manufacturing uses and is a good factor as a replacement for the M–W there are several products and by- measure of changes in the value of milk price, listed as proposal number seven products of milk which can be used in for manufacturing.’’ The witness also in the hearing notice. This proposal is a product price formula. Determining testified to the need for updating the Ag based on a current competitive pricing which products, and to a lesser extent 7296 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules which by-products, are included The Minnesota Milk Producers or may not have an impact on the directly influences the value Association and the Wisconsin Farm producer prices. If the competitive represented by the formula. Selecting Bureau Federation (MMPA/WFBF) conditions of the market warrant the appropriate yield factors is also difficult proposed replacing the M–W price with current price then this price would because these vary both seasonally and the support price (proposal number nine remain. If not, it would decline to the annually. Finally, establishing in the hearing notice). Four witnesses support level. He argued that adoption appropriate manufacturing allowances testified in support of this proposal. In of the support price as the basic formula that vary with each plant based on the addition, Lamers Dairy, Inc., and price would succeed in establishing modernness of the facility, management Hansen’s Dairy, Inc., stated support for minimum prices and thus would allow practices, milk supplies, and product this proposal during the hearing. the Federal order program to establish yields further complicates a product The first witness for MMPA/WFBF true minimum prices. price formula. Factors that may be testified that the adoption of the support The witness stated that Federal order appropriate at one time can quickly price as the basic formula price would prices are intended to be minimum become unacceptable, said the Country establish consistency between the price prices. However, he stated that the Fresh, et al., witness. Kraft’s witness support program and the Federal milk extent to which the Federal order prices reiterated the points set forth by the order program. The witness stated that represent minimum prices instead of Country Fresh, et al., witness, stating this proposal would establish easily effective prices varies among the orders that changes in competitive milk prices determined minimum prices for all as is evident by the cooperative pay do not correspond exactly with changes classes of milk and would not set an prices. He asserted that if the in product prices. effective, or market, price. According to cooperative pay price is above the order In the post-hearing brief filed by AE/ the witness, this proposal would allow minimum blend price, then local SFG, three supplementary reasons for local market over-order pricing and marketing conditions are establishing opposing the Cheese Makers proposal over-order premiums to set the price for the effective price. However, the witness were presented. According to the brief, milk, resulting in a more market-driven concluded, if the cooperative pay price product price formulas are unable to system. is below the order minimum blend properly fulfill market-clearing The second witness for MMPA/WFBF price, the minimum prices are too high. functions. In addition to the elaborated on the benefit created by this Besides the brief filed by the assumptions concerning which proposal, as perceived by the witness, proponents, two additional briefs were products, yield factors, and because it would decouple classified filed in support of this proposal, one by manufacturing allowances are included pricing from the Upper Midwest. He the U.S. Department of Justice (DOJ) and in the formula, the AE/SFG brief contended that the supply and demand the second on behalf of Lamers Dairy, contended that product price formulas situation in this area is unique because Inc., and Hansen’s Dairy, Inc. The DOJ will not send producers the needed competition for manufacturing milk is brief stated that the adoption of the production signals to increase or driving producer pay prices year round. support price as the basic formula price decrease production as quickly as He described the effect of adopting the would establish a low minimum price would competitive pay prices. A second support price as a decrease in class which would allow market forces to issue raised by AE/SFG related to the prices where the order prices are the play the greatest possible role in effect of the final price adjustor. effective prices, and little change in determining milk production and price. According to the AE/SFG brief, the final markets where competition is The DOJ contended that a low minimum price adjustor provides for more current determining the effective prices. A third price would not result in inadequate pricing for cheese manufacturers at the witness for MMPA/WFBF reiterated milk supplies or harm efficient expense of less current pricing for fluid these points and testified that the producers, but would facilitate the processors. The final issue addressed in adoption of this proposal would transition towards a free market; would this brief concerned the price guarantee that minimum order prices provide for more efficient industry enhancement that AE/SFG projected were not leading to disparate regional performance; and would result in lower would occur for which they believe profitability levels. prices to consumers. there is no supporting economic The final witness for MMPA/WFBF Substantial opposition to the adoption analysis under current supply and testifying in favor of adopting the of the support price as the basic formula demand conditions. The brief filed by support price as the basic formula price price was presented during the hearing Country Fresh, et al., also addressed the expounded on the points advanced by and in post-hearing briefs. A witness concern that this proposal would the previous witnesses. The witness also representing Pennmarva Dairymen’s eliminate advance pricing, a result the reiterated that this proposal would make Federation and its member cooperatives brief considered unacceptable. the Federal milk order program and Milk Marketing, Inc. (Pennmarva, et A brief filed by Alto Dairy consistent with the price support al.), offered extensive testimony in Cooperative (Alto) stated that the program in pursuing the objective of opposition to adopting the support Cheese Makers proposal attempts to set minimum prices. He observed that the price. First, the witness stated that the the stage for a long-run solution because minimum prices in all Federal orders milk value established under the it moves the industry toward a pricing are linked to the M–W price, not local Federal order program should be based system that reflects the value of milk supply and demand conditions. Thus, on the competitive value of milk used products and their milk components. he stated, these prices are impacted by to produce manufactured dairy Alto felt that with some simplification supply and demand conditions in products. Since 1990, he observed, the and revisions, this proposal could form Minnesota and Wisconsin regardless of support price of $10.10, adjusted to 3.5 the basis for a long-term solution. what local marketing conditions may percent butterfat, has yielded a price However, Alto further stated that in this warrant. According to the witness, between $9.88 and $9.97 per proceeding the revisions needed are not minimum prices established without hundredweight, depending on the possible because the proceeding does regard to local supply and demand support price calculation. He stated that not allow for consideration of the conditions result in disparate regional during the same period, the M–W price relationship between the Class I and profitability. This witness testified that at 3.5 percent butterfat has ranged from Class III prices. the adoption of the support price may $10.02 to $13.94 per hundredweight. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7297 The witness contended that these price cost-of-production formula to determine accounts for only factors affecting fluctuations have provided the the basic formula price. Several supply conditions; it does not factor necessary signals to Federal order independent dairy farmers and dairy demand conditions into the calculation. producers to make adjustments in farmer organizations proposed this Also, the opposition argued that basing supply according to demand. alternative. Proposal number ten in the the cost of production on the national The next point of objection by the hearing notice listed a formula that average would not account for the Pennmarva, et al., witness focused on might be utilized to determine the cost regional variations in production costs the disruption of orderly marketing of production although none of the and would tend to advantage the larger, conditions which he feared would be witnesses testifying in support of this more efficient producers. It was further created by the adoption of the support proposal discussed the listed formula. agreed by the opponents that the price. According to the witness, this The witness testifying on behalf of the ultimate result of adopting a cost-of- disruption would result because the Progressive Agriculture Organization production formula as the basic formula Federal order price would be below the and several other groups (PAO) and the price would be an increase in competitive value of milk. During the witness representing the National production. Another problem cited with period between April 1988 through Farmers Union (NFU) proposed using this proposal is the availability of data; April 1992, the M–W price has the national average cost of production USDA cost-of-production numbers tend exceeded the support price by amounts published by USDA, adjusted annually, to lag current production costs by two ranging from $.12 to $4.58. as the basic formula price. years. The Pennmarva, et al., witness then The PAO witness stated that all dairy The Agricultural Marketing explained that the Federal order farmers should be treated equally and Agreement Act of 1937, as amended (the program and the price support program that the current basic formula price Act), authorizes the Federal milk order have different objectives. He described results in an inadequate pay price for program. 7 U.S.C. section 602 sets forth the order program objective as producer milk. The witness contended the declaration of policy and 7 U.S.C. maintaining an adequate supply of milk that due to the inadequacy of this price, section 608c(18) sets forth certain milk to meet the fluid needs of the market, several dairy farmers have been either pricing requirements. Part of the policy while the support program provides a forced out of business or forced to of the Federal milk order program is to price floor for milk used to manufacture increase production to maintain a dairy products. Another point of constant cash flow. According to the Establish and maintain such orderly opposition addressed by the witness marketing conditions * * * as will provide, witness, the PAO proposal would in the interests of producers and consumers, was the fact that Federal order class benefit producers, processors, and an orderly flow of the supply, thereof * ** prices would no longer be influenced by consumers because it would result in to avoid unreasonable fluctuations in seasonal and other supply and demand long-term price stability by eliminating supplies and prices * * *. factors. the volatile price swings the industry Further objection by the Pennmarva, The pricing provisions state in part, currently experiences. Although the that et al., witness addressed the fact that witness stated that this proposal would milk not regulated under the Federal increase prices, he maintained that it Whenever the Secretary finds, upon the order program would still be priced on would not stimulate production. basis of evidence adduced at the hearing a competitive basis, creating differences Basically, these viewpoints were ** *, that the parity prices of such commodities are not reasonable in view of in price levels and further resulting in expressed by other witnesses disorderly marketing. A substantial the price of feeds, the available supplies of representing the American Dairy Farmer feeds, and other economic conditions which increase in over-order prices would Campaign and several other groups, affect market supply and demand for milk become the means of improving the Empire State Family Farm Alliance and and its products in the marketing area * ** competitiveness of regulated handlers, several other groups, and the NFU. As he shall fix such prices as he finds will resulting in greater inequities between mentioned previously, NFO also reflect such factors, insure a sufficient producers and handlers. The witness supported the adoption of the cost of quantity of pure and wholesome milk to meet projected that this would lead to production as a floor price for the basic current needs and further to assure a level of increased instability between producers formula price. farm income adequate to maintain productive and handlers because of the increase in A witness from the University of capacity sufficient to meet anticipated future risks by both parties. Wisconsin—River Falls, testified needs, and be in the public interest. Several other witnesses, including but exclusively in opposition to the cost of The hearing notice stated that any not limited to MIF/IICA, NMPF, CMPC, production as a replacement for the M– change in price levels must be justified AE/SFG, Darigold, et al., SCDF, Dairylea W price. The witness based his under the supply and demand pricing and its affiliated cooperatives, and opposition on the theory that the price standards mentioned above. The hearing Country Fresh, et al., expounded on the received for milk determines the cost of record indicates that current price levels points of opposition addressed by the production. He cited historical data are achieving a reasonable balance Pennmarva, et al., witness during the which he maintained proved that dairy between supply and demand for milk. hearing and in post-hearing briefs. The farmers do adjust their inputs in Present price levels are ensuring consensus of those opposing the response to milk prices. He further consumers of an adequate supply of adoption of the support price was that reiterated the point that the adoption of milk while maintaining sufficient it would result in disorderly marketing a cost-of-production formula would not reserve supplies. conditions with the price received by monitor changes in national supply and The record conclusively demonstrates dairy farmers being lowered. They demand conditions. that three types of the proposals contended that Federal order prices In addition to this witness, an considered—product price formulas would no longer reflect supply and overwhelming amount of opposition to (except for updating purposes), the demand conditions but would be based the adoption of a cost-of-production support price, and cost-of-production on a politically determined price. formula was presented during the formulas—would change current price The final M–W price replacement hearing and in post-hearing briefs. The levels and do not have sufficient alternative considered at the hearing, general consensus of the opposition is justification in the evidentiary record proposal number ten, was the use of a that a cost-of-production formula for such changes. In addition, the latter 7298 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules two proposals do not comply with the price by an annual average of $2.01, price levels, whether higher or lower. criteria specified in the Act. ranging from $0.93 to $3.04. Furthermore, WFBF/MMPA fails to Consequently, such proposals are The opposite of the price recognize that another important reason denied. enhancement generated by the cost-of- for denying the support price proposal A host of economic conditions affect production formula as the basic formula is that it does not comply with the both supply and demand. The price could occur if the support price criteria specified in the Act requiring interaction of supply and demand were adopted as a replacement. The prices to be established based on the results in a ‘‘market’’ price. Thus, the support price as the basic formula price economic conditions that affect supply M–W price, as a competitive pay price, would result in a significant decrease in and demand. The price support level reflects all of the economic conditions Federal order minimum prices, an does not adequately reflect all of the that affect both supply and demand and outcome which was not justified on the factors that affect supply and demand. is automatically responsive to any basis of the evidentiary record of this The recommended decision recognized changes that affect economic conditions. proceeding. The same five-year the decline in Grade B milk production, The cost-of-production formulas and comparison (1988–1992) of the support but concluded that there is still ample the price support level, as replacements price to the current M–W price shows competition for this milk in Minnesota for the M–W price, would ignore these that the M–W price on a yearly basis and Wisconsin. The Department economic factors and would establish averaged $1.60 greater than the support continues to believe, contrary to WFBF/ price levels on a limited and different price, ranging from a low in 1988 of MMPA arguments, that at this time the basis. While the cost of milk production $0.70 to a high in 1990 of $2.32. On a base month M–W price does represent is an economic factor that affects monthly basis, the M–W price equalled supply and demand conditions supply, it is not a price indicator that the support price only once during this throughout the United States because it reflects all economic supply and period and exceeded the support price is an area of significant reserve milk demand factors. Likewise, the price by as much as $4.58. Official notice is supplies. The additional information in support level is a price floor that is taken of ‘‘Dairy Market News’’, Volume the recommended decision regarding designed to prevent further price 60, Report 31, Agricultural Marketing the support price proposal, which is reductions that might otherwise be Service. As a result, Federal order mentioned in the WFBF/MMPA warranted by supply and demand minimum prices would be static and exception, further supports the denial of conditions. As a result of not would be virtually meaningless as the proposal. Although the Pennmarva encompassing all economic supply and indicators of supply and demand witness is referenced frequently in the demand factors, these two types of conditions and changes in such summary of evidence within the record, proposals would establish prices on conditions. Minimum prices established this witness was supported by factors that are not in conformance with on such a basis would not be consistent numerous other witnesses and in the requirements of the Act. with the requirements of the Act. several briefs. The arguments presented The use of cost-of-production The exception filed on behalf of by this witness serve to provide specific formulas also would substantially WFBF/MMPA objected to the adoption information as to the projected impact enhance price levels, a result which was of a competitive pay price based solely of adopting the support price. not justified on the basis of the on Grade B milk. The exception stated Consequently, the arguments advanced evidentiary record of this proceeding. that the recommended decision failed to in the WFBF/MMPA exception are During the five-year period 1988–1992, recognize the decline in Grade B milk rejected. the economic (full ownership) costs of production and use and the increase in The National Family Farm Coalition producing a hundredweight of milk, as the use of Grade A milk for filed an exception requesting that the published by the Economic Research manufacturing purposes. The exception Department consider replacing the Service (ERS), annually averaged $1.77 contends that Grade B milk prices in current M–W price with a cost-of- greater than the current M–W price, Minnesota and Wisconsin do not reflect production formula. The exception does ranging from $0.27 to $3.04 more. The national supply and demand conditions not provide any additional evidence cost of production exceeded the M–W and is discriminatory to Upper Midwest supporting this proposal that has not price during these five years in all but producers, thus it should not be already been discussed completely in seven months, September 1989 through adopted. the recommended decision. Therefore, January 1990, and May and June 1990. The exception also states that the the exception is denied. This was an atypical period within the recommended decision rejected the As was indicated in the brief filed by dairy industry that resulted in record support price proposal as a replacement Alto, the Cheese Makers formula needs level prices as milk production declined for two reasons. According to the to be further developed to be considered and demand in both the domestic and exception, these reasons were: 1) the as a viable alternative for replacing the foreign markets increased. Official support price was opposed by several M–W price. The formula as presented Notice is taken of ‘‘Economic Indicators witnesses testifying at the hearing and during the hearing would still require of the Farm Sector, Costs of in several briefs, and 2) the support the use of a competitive pay price series Production—Major Field Crops & price would result in federal order to be utilized in computing the final Livestock and Dairy, 1991,’’ February minimum prices less than those that adjustor. The Cheese Makers proposed 1994, Economic Research Service. currently exist. The exception further the use of the A/B price but stated that The same five-year comparison of reiterates WFBF/MMPA’s position any competitive pay price could be NFO’s proposal, which is based on an supporting the adoption of the support utilized in their proposal. However, A/B updated price with a cost-of- price as the replacement for the M–W they provided no analysis as to what production floor price as the basic price and attempts to discredit the impact other competitive pay prices formula price, disclosed that the cost-of- Department’s reasons for denying the may have on the formula. production value would have been in proposal. The Cheese Makers proposal, as effect for all but 14 months during this In fact, as the recommended decision presented, is also likely to be revenue- 60-month period. NFO’s proposal concluded, there is not sufficient enhancing, and such enhancement is results in a basic formula price that justification in the evidentiary record not justified on the basis of the would have exceeded the current M–W for any significant change in current evidentiary record of this proceeding. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7299 The proponents contend that the M–W price to compute the current butter/powder/cheese formula, because proposal does not change current price month’s M–W price. The NASS witness this price is based on actual pay prices levels. However, the proponents are testified that the number of plants from a larger Grade B sample size and comparing their proposal to the A/B available for updating the base month is projected to have greater statistical price series, which increases price has been declining as fewer plants pay longevity than the Ag Prices M–W. levels from the current M–W price, as twice a month. However, the NASS The price levels that would have previously discussed. The calculated witness did not express any reservations resulted under the three alternative basic formula price advanced by the about the reliability of the base month competitive pay price series, as Cheese Makers results in a moderate M–W price. compared to the M–W price, support the price increase over the M–W price. In When the M–W price was first above recommendation. The degree of 1989 the calculated basic formula price adopted in 1961 as the basic formula coordination between the current M–W averaged $0.29 above the M–W price price in the Chicago order, the Secretary price and the alternative replacements is and in 1990 averaged $0.33 greater than determined that a competitive pay price a substantial indicator of the ability of the M–W price. A substantial increase was superior to product formulas or the the pricing alternatives to echo the in the M–W price is evident when the support price in establishing the basic supply and demand conditions reflected final adjustor is included in the formula price. That decision states: by the current M–W price. An accurate comparison of these prices without comparison. This computation resulted The use of the competitive pay price in a 1989 price $0.54 greater than the method of pricing milk is based upon the updaters could not be made on a M–W price and $0.62 greater in 1990. premise that in a highly competitive monthly basis because each of these The use of the final adjustor, which economy dairy concerns will tend to prices lags the M–W price by a month. adjusts the price after wholesale prices purchase milk at prices commensurate with However, a three-year comparison for fluid milk products have been the more efficient concerns’ ability to pay for essentially eliminates this problem. determined, would effectively eliminate the product. As shifts occur in the During both 1990 and 1991, the the advance Class I pricing feature that relationship between finished products average A/B price per hundredweight currently exists under the orders. The prices, one group of processors may be able exceeded the M–W price per proposal also does not specify a clear to pay higher prices. The other processors hundredweight by 63 cents, and by 85 must meet or approximate these prices or procedure for the computation of cents in 1992. The average Ag Prices M– lose their supplies. If a dairy concern fails to W per hundredweight exceeded the M– minimum Class II prices. As a result of make the necessary adjustments, it will in all the changes that would need to be time be forced out of business. Increasing W price per hundredweight by nine adopted to make this a workable labor and other costs will tend to reduce cents in 1990, equalled the M–W price replacement, the Cheese Makers prices paid for milk. On the other hand, the per hundredweight in 1991, and was proposal goes beyond the scope of the use of new assembling, processing, packaging two cents greater in 1992. The base hearing to consider a replacement for and marketing techniques which reduce costs month M–W price per hundredweight the M–W price as the basic formula or increase product returns will tend to yielded an average of six cents more in price under all Federal milk orders. increase prices paid for milk. These upward 1990 and resulted in the same price Exceptions filed by the Wisconsin or downward adjustments in costs would be differences as the Ag Prices M–W per Cheese Makers Association (WCMA) automatically reflected in reserve prices by hundredweight in 1991 and 1992. Over using the competitive pay prices method of the three-year period, the base month object to the continued use of a pricing. competitive pay price and support the M–W price per hundredweight and Ag adoption of the Cheese Makers proposal. The economic rationale stated when the Prices M–W per hundredweight WCMA reiterated the positions stated M–W price was first adopted remains averaged nearly the same as the current on behalf of the Cheese Makers during sound today. Consequently, the basic M–W price per hundredweight while the hearing in support of this proposal. formula price replacement should the A/B price per hundredweight WCMA’s exception also contended that continue to be based on a competitive averaged about 70 cents higher. The a number of statements in the pay price series. most recently published information recommended decision about the Of the three competitive pay price indicates that this trend is continuing. Cheese Makers proposal were series considered at the hearing, the Official notice is taken of ‘‘Dairy Market misleading. The arguments presented by evidence on the record supports the News,’’ Jan. 3–7, 1994, Volume 61, WCMA have not provided the adoption of either the base month M–W Report 1, Agricultural Marketing Department with any substantial basis price or the Ag Prices M–W, both Service; ‘‘Agricultural Prices, 1992 for changing the conclusion reached in updated by a product price formula. Summary,’’ July 1993, National the recommended decision regarding Each price series has tracked the M–W Agricultural Statistics Service; the deficiencies of the Cheese Makers price in the past, thus reflecting the ‘‘Minnesota-Wisconsin Manufacturing proposal. same supply and demand conditions. Grade Milk Price,’’ monthly release, As demonstrated throughout the The majority of participants in this June 1992–February 1994, Wisconsin hearing record, the obvious problem proceeding indicated that either price Agricultural Statistics Service; ‘‘Prices with the current M–W price survey is series would be acceptable, leaving the Received—Minnesota-Wisconsin the declining amount of Grade B milk determination of the amount of milk Manufacturing Grade Milk, 1992 and the declining number of plants that and number of plants included in the Summary,’’ June 1993, National purchase such milk. These trends have sample size to the discretion of the Agricultural Statistics Service. resulted in concern about the validity of Secretary. In cross examination, the The evidence on the record indicates the M–W price as a measure of the NASS witness stated that the base that a large amount of Grade A milk is competitive value of milk for month M–W price is expected to outlive being manufactured into dairy products. manufacturing purposes. However, this the Ag Prices M–W in terms of However, the record does not validate was not an immediate concern of a large statistical reliability because it relies on the argument that this Grade A milk number of the parties that participated a larger sample size of actual pay prices should be factored into the basic in this proceeding. The immediate compared to the Ag Prices M–W. Thus, formula price. Additionally, there was concern expressed was the reliability of this decision recommends adopting the no substantial evidence submitted the procedure to update the base month base month M–W price updated with a regarding current supply and demand 7300 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules conditions that warrants price increases An exception filed by NFO supports of milk reported by 168 plants. Simply of the magnitude generated by the A/B the adoption of a competitive pay price waiting a few additional days results in price. to replace the current M–W price. This a sample size of milk which is 140 The A/B proponents may be correct to exception, as well as one filed by TAPP percent greater than the Ag Prices M–W. state that this option represents an and FUMMC, strongly argue against the The base month M–W price sample size average value for a large proportion of adoption of a competitive pay price of milk is over four and one-half times milk used for manufacturing purposes based solely on Grade B milk greater than the current M–W price in the Midwest. However, it does not marketings. The exceptions reiterated estimate survey, which included actual represent a market-clearing price for many of the points supporting the pay price reports on only 56.8 million supplies of milk in excess of fluid adoption of a competitive pay price pounds of milk reported by 69 plants. demand. This is evident by the amount based on both Grade A and Grade B pay Thus, the base month M–W price best of milk that is currently sold at prices prices. They contend that a Grade B reflects the competitive pay prices of a below the A/B price, that is, at the only pay price series establishes too low much larger volume of milk and sample current M–W price. The hearing record of a price and does not reflect the true of plants and should be the primary indicates that adopting this price series competitive national value for milk used component in the basic formula price. would tend to be revenue-enhancing. for manufacturing purposes. NFO, TAPP The hearing record also supports the To be considered in the future as a and FUMMC take further exception to use of a product price formula to update viable alternative, the A/B price series the conclusions in the recommended the base month M–W price to the needs to address two inherent problems. decision that the A/B price series does current month. The base month M–W First the A/B price is based in part on not represent a market clearing price price available on the 5th day of a a regulated price. Regulated plants and has an inherent ‘‘upward bias’’ due month would represent milk prices for included in the survey that use Grade A to the inclusion of premiums and the the second preceding month. For milk for manufacturing are subject to use of regulated plants reporting example the price announced March 5th minimum order pricing. This factor regulated pay prices for the Grade A would be based on January prices. A results in an upward bias in the A/B portion of the milk included in the product price formula updater would price. The price for this milk cannot be survey. They also object to the enable the base month M–W price to directly reduced to pay price levels Department’s discussion of the ‘‘revenue reflect more accurately current supply warranted by supply and demand neutrality’’ or ‘‘revenue enhancing’’ and demand conditions taking into conditions for such milk. After the first effects of various proposals. account price changes for wholesale month of implementation, survey plants In addition to the above arguments, manufactured products during the NFO requested that non-pooled Grade A preceding month, in this example would be reporting a pay price which milk be included in the base month February. Although product prices do could not be less than the minimum survey and TAPP and FUMMC argued not translate directly into milk prices, price required to be paid for Grade A that all class prices should be the record indicates that the industry milk under the Federal order program. considered simultaneously in order to views these as a good indicator of Consequently, after the first month of obtain price levels that actually reflect changes in milk prices for updating implementation, supply and demand supply and demand conditions. The purposes. conditions would have a limited TAPP and FUMMC exception The price delay that would be created influence on the price. contended that Class I differentials by adopting this proposal without an The proponents of this series should be changed to offset an increase updating method would result in the maintained that the ‘‘blend down’’ of in the basic formula price. minimum price required to be paid by the Grade A price with the Grade B The basic reasons for denial of the A/ regulated plants varying significantly price will eliminate this problem. B price series stated in the from what unregulated plants were However, a review of the amount of recommended decision remain valid. actually paying for milk for milk included in this survey, NFO, TAPP and FUMMC reiterated the manufacturing uses in the same month. approximately 70 percent of the total arguments advanced in the hearing and Because of this inequity, adoption of the milk production in the States of in post-hearing briefs and did not base month M–W price without a Minnesota and Wisconsin, of which provide any new information product price updater cannot be almost 80 percent is Grade A, indicates supporting their positions. Furthermore, justified as a replacement for the M–W that it is unlikely the Grade B price the NFO request that unregulated Grade price. would have a ‘‘blending down’’ impact A milk be included in the base month An analysis of the effects of various or effect on the Grade A price. survey is denied. The evidentiary record updating formulas on the competitive Secondly, Grade A premiums are built of this proceeding did not address this pay prices resulted in minor differences. into the A/B price unless specifically issue; therefore, there is no basis at this Most hearing participants advocated the deducted. This, too, results in an time to allow the use of unregulated use of the change in gross values upward bias as premiums are added one Grade A milk in the base month survey. yielded by a product price formula month into the reported price and the With regards to the TAPP and FUMMC between the preceding month and the same premium is then added in the request to consider all class prices, the current month. Only NFO advocated second month to the already existing scope of this hearing was specifically using 50 percent of this change, stating premium. limited to a replacement of the current that producer prices and product As a result of lack of justification for M–W price; thus, the Department has no markets do not change at the same rate. price enhancement in the evidentiary further opinion or conclusion regarding NFO claimed that using 50 percent record, as well as the problems this issue. would not reflect the volatility of associated with the upward price bias, A comparison of the survey size for product markets on a penny-for-penny the proposals to replace the M–W price May 1991 data demonstrates that the Ag basis and further lends a degree of with an A/B price are denied. Potential Prices M–W survey included 131.6 stability to producer prices. solutions addressing the upward bias million pounds of milk reported by 71 The NFO exception reiterated their were not considered during this plants. The base month M–W price argument that only 50 percent of the proceeding. survey included 316.5 million pounds product price formula updater be used Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7301 when computing the updated base trucklot quantities of dry buttermilk and pounds in January to a low of 193,000 month M–W price. The recommended nonfat dry milk, FOB Central States pounds in August and September. decision fully discussed the basis for production area manufacturing plants. Western dry buttermilk production is using 100 percent of the product price ‘‘Spot’’ transactions are sales of product over 275 percent greater than the formula adjuster to update the base that have no regular or committed outlet Central States production. Due to the month survey. This conclusion has not and are sold on the open market for large volumes of dry buttermilk powder changed after full consideration of immediate delivery or delivery within a sold in the Western Region, the spot NFO’s exception. few days, also referred to as the ‘‘cash market is considered to be active since All hearing participants promoted the market.’’ To the extent possible, both there has not been a period of time from use of a butter/powder/cheese formula sellers and buyers are interviewed. The 1990 through 1993 when there has been with minor differences expressed price carried each week in DMN is a TFEWR compared with six weeks regarding the inclusion of specific by- range consisting of the low and high during 1993 for the Central States Dry products. After reviewing the various prices that are considered representative Buttermilk price. formulas, it is concluded the best of the market for the entire week. Reviewing the nonfat dry milk updater would include the following Monthly averages are based on weekly production data for the Central States products and representative price series: prices and are time-weighted according region also reveals a decline in Grade AA butter, Chicago Mercantile to the number of workdays in the production and manufacturers. In 1990, Exchange (AAB); nonfat dry milk, month. When market activity is very 19 plants in the Central region reported Central States production area (NFDM); limited, the market may be reported 101.5 million pounds of production, dry buttermilk, Central States ‘‘too few to report’’ (TFEWR) and no representing 12 percent of the U.S. total. production area (DBM); Cheddar cheese, price information is provided. No By 1993, the same comparison of 40-pound block, National Cheese monthly average is computed if one or Central region states shows 13 plants Exchange (NCE); and Grade A butter, more weekly prices is missing. producing 42.4 million pounds of Chicago Mercantile Exchange (AB). Dry A review of the dry buttermilk values nonfat dry milk, or 4 percent of the U.S. whey is not included in the formula used in the updating formula revealed total. The ‘‘Dairy Products 1993 because not all cheese manufacturers that for two months of 1992 and three Summary’’ does report data for the East process whey, and the disposal of it is months of 1993, a Central States Dry North Central and West North Central a cost to many manufacturers. Buttermilk average price was not regions in total. When combined, 23 Furthermore, dry whey is no longer published by the Department. plants in these two regions are included in calculating the cheese Consequently, the dry buttermilk prices producing 128.8 million pounds of purchase price under the dairy price used in the updating formula in the nonfat dry milk, or 14 percent of the support program. recommended decision for these months U.S. total. The Coffee, Sugar and Cocoa were equivalent prices determined by Analysis of the Western nonfat dry Exchange, Inc. (CSCE), filed an the Department. The use of an milk production statistics also reveals exception supporting the use in the equivalent price for Central States recommended decision of an updated Nonfat Dry Milk also occurred once an increasingly stronger market. During base month M–W price to replace the during 1992 when DMN was unable to 1993, nonfat dry milk production by 11 current M–W price. However, CSCE did report a price. plants in California accounted for 415.5 offer a modification of the updating Reviewing dry buttermilk production million pounds or 44 percent of the U.S. formula. CSCE proposed replacing the data as published in the ‘‘Dairy Products total. The total Western region average monthly NCE 40-pound block 1993 Summary’’ shows that the production represented 20 plants Cheddar cheese price used in the production and the number of producing 575.1 million pounds or 61 formula with an average of the NCE manufacturers is declining in the percent of the U.S. total. In 1990, 12 monthly cheese price and an average Central States region. During 1993, plants in California manufactured 321.6 price for the spot CSCE Cheddar cheese seven plants were located in the Central million pounds. futures contract for the month. Since States region manufacturing 7.1 million As is evident from these statistics, the this modification is beyond the pounds of dry buttermilk, or 14 percent Western dry buttermilk and nonfat dry evidentiary record of this proceeding, it of the U.S. total production. In 1990, 14 milk production represent a cannot be considered at this time. plants reported 13 million pounds of significantly larger volume of milk than After further review of the production production representing 23 percent of does the Central States production. In and market for the products included in the U.S. total. This data represents the cross examination, the Department’s the product price updating formula, the total market for dry buttermilk in the witness from the Agricultural Marketing Department is revising this formula. The Central States region; thus, the potential Service agreed that in the Department’s Western Nonfat Dry Milk price and Dry spot market is significantly smaller. Due study, the focus was on the M–W Buttermilk price will be used in the to the small market, there were six replacement and since Minnesota and updating formula. The use of these weeks during 1993 when the dry Wisconsin are in the Central States product prices will be more buttermilk powder price was TFEWR. region, the Central States powder prices representative in determining the price The Western dry buttermilk market were used. The witness further stated change in the overall market for these statistics represent a greater amount of that arguments could be made to use products because a larger proportion of production. During 1993, dry buttermilk other prices. Specifically, the witness actual movements of these products will production in California alone stated that ‘‘if the M–W price is be considered. accounted for 26.8 million pounds, or considered as representing a national The updating formula in the 53 percent of the U.S. total. Monthly price series an argument can be made to recommended decision utilized both the production ranged from a high of 3.1 use a nonfat dry milk price series that Central States Dry Buttermilk price and million pounds in January to a low of represents a larger proportion of nonfat Nonfat Dry Milk price as reported by the 1.6 million pounds in August. During dry milk.’’ The witness went on to state Department, typically in Dairy Market the same period, the Central States that the Western Nonfat Dry Milk price News (DMN). Both of these price series production of dry buttermilk powder series represented a larger amount of report the ‘‘spot’’ market for carlot/ ranged from a high of 1.4 million production than the Central States price. 7302 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules The Department believes, based on Consequently, the Department is the four year period from 1990–1993, the evidentiary record of this revising the product price updating the updated price using Western prices proceeding, that the base month M–W formula to use the Western Dry yielded the same 12-month average as price represents national supply and Buttermilk price and the Western the recommended updating formula demand conditions. Therefore, it is Nonfat Dry Milk price. The Department during 1990, 1992, and 1993. During concluded that the larger production concludes that the adoption of the 1991, the use of the Western prices volumes and marketings of dry Western prices in the updating formula would have resulted in an average price buttermilk powder and nonfat dry milk will provide for a reliable measure of that was one cent less than the in the Western states will reflect market changes for these two products. recommended M–W price. Due to the fact that the updating changes in national market values more formula measures only the changes in The following table provides a precisely than will the Central States product prices and does not establish a comparison of the current M–W price, prices. There is also concern about the price level, an analysis of the impact of recommended decision updated base use of equivalent prices that would need substituting the Western powder prices month M–W price, and the final to be determined whenever a price or shows that they have little effect on the decision updated base month M–W pricing constituent is not reported. updated base month M–W price. During price: MONTHLY PRICE COMPARISONSÐ1993 Difference: Difference: Month/year Current M±W Rec. deci- Final dec. rec dec. M± final dec. M± sion M±W M±W 1 WÐfinal dec. WÐcurrent (col.1) (col. 2) (col. 3) (col. 4) M±W M±W (col. 5) (col. 6) Jan 93 ...... $10.89 $11.02 $11.02 $0.00 $0.13 Feb 93 ...... 10.74 10.72 10.72 0.00 (0.02) Mar 93 ...... 11.02 11.19 11.19 0.00 0.17 Apr 93 ...... 12.15 12.61 12.61 0.00 0.46 May 93 ...... 12.52 12.37 12.37 0.00 (0.15) Jun 93 ...... 12.03 11.82 11.82 0.00 (0.21) Jul 93 ...... 11.42 11.30 11.31 0.01 (0.11) Aug 93 ...... 11.17 11.18 11.17 (0.01) 0.00 Sep 93 ...... 11.90 12.29 12.29 0.00 0.39 Oct 93 ...... 12.46 12.19 12.19 0.00 (0.27) Nov 93 ...... 12.75 12.62 12.62 0.00 (0.13) Dec 93 ...... 12.51 12.44 12.44 0.00 (0.07) Ave 93 ...... 11.80 11.81 11.81 0.00 0.01 . 1 Uses Western Dry Buttermilk and Nonfat Dry Milk prices in the updating formula. Most hearing participants advocated compute the butter-nonfat dry milk percentages should continue to be based the use of either support price yield weighting factor because significant on the entire volume of milk used to factors or annual yield factors in the proportions of butter are manufactured make both cheese and nonfat dry milk formula. The study released by the in Minnesota and Wisconsin from the regardless of the grade of milk used. The Department developed and used annual butterfat that is in excess of fluid milk WCMA request to remove powder yield factors for each month. These operations. Cheese accounts for about produced from Grade A milk from annual yield factors will be used in the 95 percent of the milk used in these production data is denied. updating formula. Basically these yields products in the two States and about 75 The exception filed on behalf of are those used under the price support percent in the United States. The CMPC strongly supported the program adjusted to milk containing 3.5 Minnesota and Wisconsin weights are recommended replacement for the percent butterfat. The yields used in the being used in the product price formula current M–W price. In their exception, formula are: butter—4.27 pounds per because the competitive pay price CMPC did express concern about the hundredweight of milk; nonfat dry adopted is a Minnesota and Wisconsin proposed weighting method used in the milk—8.07 pounds per hundredweight pay price series. The milk equivalent updating formula. CMPC pointed out of milk; dry buttermilk—.42 pounds per used will typically be for the second that the section of the decision that hundredweight of milk; Cheddar preceding month. contained the written computation (59 cheese—9.87 pounds per In their exception, WCMA requested FR 40428) did not set forth a specific hundredweight of milk; and whey that Grade A skim milk used to produce definition as to the month that will be cream butter—.238 pounds per a Class III–A product be eliminated from used to weight the production of cheese hundredweight of milk. the weighting calculation. WCMA and butter/nonfat dry milk in Minnesota Hearing participants also advocated believes that the use of this powder in and Wisconsin. However, the order the use of factors to weight the butter- the formula will lower the language contains the phrase ‘‘most nonfat dry milk and cheese components recommended replacement price. recent reporting period’’ to indicate the of the formula. These weights are based Nonfat dry milk production is not production data to be used. CMPC’s on the proportion of milk used in the divided into that produced from Grade concern regards exactly which monthly production of butter-nonfat dry milk A milk and that produced from Grade B data will be used in the updating and in the production of American milk. The nonfat dry milk price is based formula. cheese in the Minnesota and Wisconsin on the sales of all nonfat dry milk as As is stated in the order language, the area. Nonfat dry milk is used to described earlier. The weighting most recent reporting period data will Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7303 be used in the updating formula. The dry milk by using the American cheese month-to-month price variability will production data used in the formula is production in Minnesota and Wisconsin increase as a result of the use of a published by NASS in the monthly divided by 9.87 to determine the cheese product price formula that will allow ‘‘Dairy Products’’ report. The ‘‘Dairy milk equivalent and the nonfat dry milk the updated base month price to react Products’’ report is released at the production in Minnesota and Wisconsin quicker to marketing conditions both on beginning of each month and contains divided by 8.07 to determine the butter- the upside and downside of the market. data for the second preceding month. nonfat dry milk equivalent; Column six of the preceding table For example, the ‘‘Dairy Products’’ (b) Add the cheese milk equivalent compares the monthly updated base report issued on January 5, 1993, and the butter-nonfat dry milk month M–W price as modified in this contained data for November 1992. The equivalent together to calculate the total decision to the current monthly M–W ‘‘Dairy Products’’ report is issued at 3:00 milk equivalent; and price for 1993. During this period, the p.m. EST. (c) Divide the milk equivalent for greatest monthly differences occurred in If a Dairy Products report is published cheese by the total milk equivalent to April when the updated base month M– on the same day as the M–W price is yield the cheese weighting factor and W price of $12.61 per hundredweight, announced, that production data cannot divide the butter-nonfat dry milk exceeded the current M–W price by 46 be used in the updating formula because equivalent by the total milk equivalent cents, and in October when the updated it is not known until after the release of to yield the butter-nonfat dry milk base month M–W price of $12.19 per the M–W price at 1:00 p.m. EST. weighting factor. hundredweight, was 27 cents lower than Therefore, in most cases the most recent (4) Use these weighting factors to the current M–W price. However, for the production data available for use in the compute a weighted average of changes entire 12 month period the updated base updating formula is for the second in the gross values described above. month M–W price exceeded the M–W preceding month from the month the An analysis of the base month M–W price by only one cent. M–W price applies. On occasion price updated by the full gross value As previously indicated, the SBA (typically about once per year), NASS change in the butter/powder/cheese objected to the certification that the will release the ‘‘Dairy Products’’ report formula, as revised in this decision, and proposed rule would not have a prior to the announcement of the M–W by 50 percent of the gross value change, significant economic impact on a price. In these months, the most recent revealed that using the full gross value substantial number of small entities. data available to be used in the updating change results in an updated base The SBA contended that the formula is for the preceding month and month M–W price which better reflects certification was suspect as a result of this data is used to determine the current price levels. During 1990 the an alleged previous finding ‘‘that the weighting percentages. Although this full gross value change in the butter/ proposed modifications could result in may result in production data for one powder/cheese updating formula wide swings in price for any given month being used twice, stating that the resulted in an average updated base month.’’ most recent reporting period data will month M–W price eight cents greater First of all, the previous finding does be used in the updating formula allows than the current M–W price, and in not indicate that the modification could the Department to use the most current 1991 the updated price averaged two result in wide price swings. Wide price data available when calculating the M– cents less. During 1992 and 1993, the changes from month-to-month have W price. average updated base month M–W price occurred with the current M–W price. The butter/powder/cheese formula was greater than the current M–W price Over the last four years, the M–W price recommended in this decision was by three cents and one cent, has increased by as much as $1.13 from developed and tested in the respectively. The base month M–W the previous month and decreased by as Department’s study. The gross value price updated by 50 percent of the same much as $2.02 from the previous month. change in the product price formula formula resulted in a 1990 average price The findings in the recommended from the preceding month to the current which exceeded the M–W price by 31 decision indicated that the modified month will be used to update the base cents, in 1991 the average price was 11 price would be expected to be more month M–W price. The gross value cents less, in 1992 the average price was variable from month-to-month than the change for each month will be seven cents greater, and in 1993 the current M–W price during periods of computed as follows: average price was three cents less. both increasing and decreasing prices. (1) Determine the gross value of milk Official Notice is taken of ‘‘Dairy Market Over the last four years the modified used to manufacture Cheddar cheese Statistics’’, 1992 and 1993 Annual price contained herein, which is almost and butter/nonfat dry milk: Summaries, Agricultural Marketing identical to the price modification in the (a) The gross value of milk used to Service; and ‘‘Dairy Products’’, 1992 and recommended decision, increased by as manufacture Cheddar cheese equals 1993 Annual Summaries, National much as $1.42 from the previous month (9.87×NCE)+(.238×AB); and Agricultural Statistic Service. From and decreased by as much as $2.03 from (b) The gross value of milk used to evidence in the record, and the results the previous month. These maximum manufacture butter-nonfat dry milk of this analysis, it is concluded that the month-to-month changes occurred equals full value of gross change between the during the same months that the M–W (4.27×AA)+(8.07×NFDM)+(.42×DBM). preceding month and the current month price registered its greatest month-to- (2) Determine the amount by which using the butter/powder/cheese formula month changes. these gross values exceed or are less described above results in an updated Over the long run, the modified price than the respective gross values for the price that best reflects the current value tracks the M–W price very closely, as preceding month. of manufacturing milk. previously stated, and thus reflects the (3) Compute weighting factors to be Although the updated base month M– same changes in supply and demand applied to the gross value changes. The W price will result in annual price conditions that are represented by the weighting factors will be calculated as levels that nearly maintain the current current M–W price. The price follows: annual price levels, the updated base modification represents the best (a) Determine the milk equivalent for month M–W price will not track the alternative to the M–W price compared the most recent reporting period for current M–W price precisely from to other pricing options considered at both American cheese and butter-nonfat month-to-month. This is because the the hearing. Since the continued 7304 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules statistical reliability of the updating unless they choose to be regulated or collection and possible publication of procedure used to determine the current decide to associate milk with a Federal the hauling subsidies paid to producers M–W price has been questioned by order pool for their own reasons. The by plants in Minnesota and Wisconsin. many who are knowledgeable of the manufacturing plants and the handlers It is expected that this information will industry, a replacement is necessary to who divert milk to such plants are not continue to be collected by NASS and continue a milk order program that required to be regulated. published by NASS in their ‘‘Prices promotes the orderly marketing of milk For the previous reasons, the price Received’’ publication. by producers and handlers. Without a modifications will not have a significant Conforming Changes replacement at this time, in effect, there economic impact on a substantial would be no pricing mechanism to carry number of small entities. The price As proposed in the Notice of Hearing, out the program. modifications will continue to apply to conforming changes are provided in the The new price modification has all handlers and processors in the same butterfat differential section to allow for responded more quickly to changes in manner as current Federal order pricing. the use of the updated base month M– supply and demand conditions than the Although most of the regulated plants W price in the butterfat differential current M–W price; however, the are considered to be small businesses, calculation. To calculate a butterfat record’s price data for the analyzed the price modifications should not affect differential that will reflect the most period reveals that the price small businesses differently than large current marketing conditions, the modification has not been more variable businesses, or differently than the preceding month’s base month M–W from month-to-month. In fact, over the current price series. price at test, updated by the current 48-month period from 1990 through This decision recognizes that the month’s product formula updater, will 1993, the modified price has changed by adoption of the base month M–W price, be used in conjunction with the current a lessor amount than the M–W price or any Grade B milk series, is only a month’s butter price. A comparison during 22 months, changed by the same short-term solution since the amount of between the above butterfat differential amount during two months, and Grade B milk production is expected to and the current butterfat differential changed by a greater amount during 24 continue declining. This decision agrees results in slight differences. This months. Over the entire period of the with the MIF/IICA witness who stated method of calculating the butterfat data, the modified price exhibited about that the adoption of a Grade B survey, differential was supported in the CMPC the same month-to-month variability as although it would not be a long-term and NFO briefs. the M–W price. All that can really be solution, would provide the industry Additional changes have been made said is that the modified price tends to with a reliable basic formula price for a to the Black Hills, South Dakota, Pacific respond more quickly to changes in few more years allowing the industry Northwest, Southwestern Idaho-Eastern marketing conditions than the M–W additional time to carefully consider Oregon, and Great Basin orders. One price. As a result, there are months over longer-term solutions. Adoption of the change has been made to the Black Hills the four-year period when the modified base month M–W price will provide the order to provide for uniform price would have increased when the Department and the industry with more implementation and use of the basic M–W price decreased, and vice versa. time to jointly develop a viable, long- formula price in all Federal orders. This Price movements in opposite directions, term solution. has been accomplished by removing the however, say nothing about the Several exceptions were filed in butter/powder formula price. One magnitude of the price change from the support of the updated base month M– conforming change each has been made previous month. W price. Some of these exceptions to the Pacific Northwest, Southwestern The greatest increase in price reiterated the view expressed by the Idaho-Eastern Oregon, and Great Basin variability on the upside between the Department that this is only a short-term orders to provide for more uniform modification and the M–W was 47 cents solution. The Department continues to location of the butterfat differential per hundredweight or 4.0 cents per recognize that this replacement is only provision within these orders. gallon. This is relatively small temporary and alternative pricing compared to the greatest month-to- options will need to be considered in Rulings on Proposed Findings and month increases in the M–W price, the near future. Conclusions $2.02 per hundredweight, or 17.4 cents Several organizations made specific Briefs and proposed findings and per gallon. requests regarding the adoption of a M– conclusions were filed on behalf of The most important element of the W price replacement. National All- certain interested parties. These briefs, price changes is that all fluid milk Jersey, Inc., a national dairy farmer proposed findings and conclusions, and handlers, large and small alike, would organization, and the American Jersey the evidence in the record were know the magnitude of the price Cattle Club, a breed registry association, considered in making the findings and changes in advance of purchasing the requested that the Secretary continue conclusions set forth above. To the milk and would have the opportunity to adjusting the M–W replacement to a 3.5 extent that the suggested findings and make any finished product pricing percent butterfat standard, continue conclusions filed by interested parties changes just as they do now. In collecting and reporting the protein are inconsistent with the findings and addition, all Class II pricing changes content of the milk in the survey, and conclusions set forth herein, the would be known in advance. The Class adopt a price replacement which will requests to make such findings or reach II handlers, large or small, who are not restrict the further implementation such conclusions are denied for the regulated would continue to compete on of multiple component pricing plans. reasons previously stated in this the same basis as currently. Class II The adoption of the base month M–W decision. processors who are not regulated would as the replacement for the current M–W not be subject to any minimum order price will not change any of the General Findings prices and would not be affected by the adjustments and announcements that The findings and determinations price modification. Likewise, are currently reported and will not hereinafter set forth supplement those manufacturing plants and handlers who hinder adoption of multiple component that were made when the New England divert milk to such plants would not be pricing plans. The NFO and Cheese and other orders were first issued and affected by the price modifications Makers further requested the continued when they were amended. The previous Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7305 findings and determinations are hereby before the 30th day from the date this Dated: January 27, 1995. ratified and confirmed, except where decision is issued, in accordance with Patricia Jensen, they may conflict with those set forth the procedure for the conduct of Acting Assistant Secretary, Marketing and herein. referenda (7 CFR 900.300–311), to Regulatory Programs. (a) The tentative marketing determine whether the issuance of the Order Amending the Orders Regulating agreements and the orders, as hereby orders as amended and as hereby proposed to be amended, and all of the the Handling of Milk in the New proposed to be amended, regulating the England and Other Marketing Areas terms and conditions thereof, will tend handling of milk in the New York-New (This order shall not become effective to effectuate the declared policy of the Jersey, Georgia, Eastern Ohio-Western unless and until the requirements of Act; Pennsylvania, Alabama-West Florida, (b) The parity prices of milk as § 900.14 of the rules of practice and determined pursuant to section 2 of the and Southwestern Idaho-Eastern Oregon procedure governing proceedings to Act are not reasonable in view of the marketing areas is approved or favored formulate marketing agreements and price of feeds, available supplies of by producers, as defined under the marketing orders have been met.) feeds, and other economic conditions terms of each of the orders, as amended Findings and Determinations which affect market supply and demand and as hereby proposed to be amended, for milk in the marketing areas, and the who during such representative period The findings and determinations minimum prices specified in the were engaged in the production of milk hereinafter set forth supplement those tentative marketing agreements and the for sale within the aforesaid marketing that were made when the orders were orders, as hereby proposed to be areas. first issued and when they were amended, are such prices as will reflect The representative period for the amended. The previous findings and the aforesaid factors, insure a sufficient conduct of such referenda is hereby determinations are hereby ratified and confirmed, except where they may quantity of pure and wholesome milk, determined to be June 1994 for the New and be in the public interest; and conflict with those set forth herein. York-New Jersey order; and November (a) Findings. A public hearing was (c) The tentative marketing 1994 for the Southwestern Idaho- agreements and the orders, as hereby held upon certain proposed Eastern Oregon, Georgia, Eastern Ohio- proposed to be amended, will regulate amendments to the tentative marketing Western Pennsylvania, and Alabama- the handling of milk in the same agreement and to the orders regulating West Florida orders. manner as, and will be applicable only the handling of milk in the New to persons in the respective classes of The agents of the Secretary to conduct England and other marketing areas. The industrial and commercial activity such referenda are hereby designated to hearing was held pursuant to the specified in, marketing agreements upon be the respective market administrators provisions of the Agricultural Marketing which a hearing has been held. of the aforesaid orders. Agreement Act of 1937, as amended (7 U.S.C. 601–674), and the applicable Rulings on Exceptions Determination of Producer Approval rules of practice and procedure (7 CFR In arriving at the findings and and Representative Period for All Other Part 900). conclusions, and the regulatory Orders Upon the basis of the evidence provisions of this decision, each of the introduced at such hearing and the August 1994 is hereby determined to exceptions received was carefully and record thereof, it is found that: fully considered in conjunction with the be the representative period for the (1) The said orders as hereby record evidence. To the extent that the purpose of ascertaining whether the amended, and all of the terms and findings and conclusions and the issuance of the order, as amended and conditions thereof, will tend to regulatory provisions of this decision as hereby proposed to be amended, effectuate the declared policy of the Act; are at variance with any of the regulating the handling of milk in the (2) The parity prices of milk, as exceptions, such exceptions are hereby New England marketing area; and determined pursuant to section 2 of the overruled for the reasons previously November 1994 for orders regulating the Act, are not reasonable in view of the stated in this decision. handling of milk in all other marketing price of feeds, available supplies of areas except those for which referenda feeds, and other economic conditions Marketing Agreement and Order are provided, is approved or favored by which affect market supply and demand Annexed hereto and made a part producers, as defined under the terms of for milk in the aforesaid marketing hereof are two documents, a Marketing each of the orders as amended and as areas. The minimum prices specified in Agreement regulating the handling of hereby proposed to be amended, who the orders as hereby amended are such milk, and an Order amending the orders during such representative period were prices as will reflect the aforesaid regulating the handling of milk in the engaged in the production of milk for factors, insure a sufficient quantity of New England and other marketing areas, sale within the aforesaid marketing pure and wholesome milk, and be in the which have been decided upon as the areas. public interest; and detailed and appropriate means of (3) The said orders as hereby effectuating the foregoing conclusions. List of Subjects in 7 CFR Parts 1001, amended regulate the handling of milk It is hereby ordered that this entire 1002, 1004, 1005, 1006, 1007, 1011, in the same manner as, and are decision and the two documents 1012, 1013, 1030, 1032, 1033, 1036, applicable only to persons in the annexed hereto be published in the 1040, 1044, 1046, 1049, 1050, 1064, respective classes of industrial or Federal Register. 1065, 1068, 1075, 1076, 1079, 1093, commercial activity specified in marketing agreements upon which a Referendum Order To Determine 1094, 1096, 1099, 1106, 1108, 1124, hearing has been held. Producer Approval; Determination of 1126, 1131, 1134, 1135, 1137, 1138, Representative Period; and Designation 1139 Order Relative to Handling of Referendum Agent Milk marketing orders. It is therefore ordered, that on and It is hereby directed that a referenda after the effective date hereof, the be conducted and completed on or handling of milk in the New England 7306 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules and other marketing areas shall be in (i) Multiply the Cheddar cheese price hundredweights) of milk used in the conformity to and in compliance with by 9.87; and production of American cheese. the terms and conditions of the order, as (ii) Multiply the Grade A butter price (e) Compute a weighted average of the amended, and as hereby amended, as by 0.238. changes in gross values per follows: (b) The following product prices shall hundredweight of milk determined The provisions of the proposed be used pursuant to paragraph (a) of this pursuant to paragraph (c) of this section marketing agreements and order section: in accordance with the relative amending the orders contained in the (1) Grade AA butter price. Grade AA proportions of milk determined recommended decision issued by the butter price means the simple average pursuant to paragraph (d) of this Administrator, Agricultural Marketing for the month of the Chicago Mercantile section. Service, on August 3, 1994, and Exchange, Grade AA butter price, as 2. Section 1001.76 is amended by published in the Federal Register on reported by the Department. revising paragraph (b) to read as follows: August 8, 1994 (59 FR 40418), as (2) Nonfat dry milk price. Nonfat dry modified herein, shall be and are the milk price means the simple average for § 1001.76 Butterfat differential. terms and provisions of this order, the month of the Western Nonfat Dry * * * * * amending the orders, and are set forth Milk Low/Medium Heat price, as (b) Round to the nearest one-tenth in full herein. reported by the Department. cent, which shall be 0.138 times the Accordingly, this decision proposes 7 (3) Dry buttermilk price. Dry current month’s butter price less 0.0028 CFR chapter X be amended as follows: buttermilk price means the simple times the preceding month’s average average for the month of the Western pay price per hundredweight, at test, for PART 1001ÐMILK IN THE NEW Dry Buttermilk price, as reported by the manufacturing grade milk in Minnesota ENGLAND MARKETING AREA Department. and Wisconsin, using the ‘‘base month’’ series, adjusted pursuant to § 1001.51 (a) The authority citation for 7 CFR Parts (4) Cheddar cheese price. Cheddar cheese price means the simple average through (e), as reported by the 1001 through 1139 is revised to read as Department. The butter price means the follows: for the month of the National Cheese Exchange 40-pound block Cheddar simple average for the month of the Authority: 7 U.S.C. 601–674. cheese price, as reported by the Chicago Mercantile Exchange, Grade A 1. Section 1001.51 is revised to read Department. butter price as reported by the as follows: (5) Grade A butter price. Grade A Department. butter price means the simple average PART 1002ÐMILK IN THE NEW YORK- § 1001.51 Basic formula price. for the month of the Chicago Mercantile NEW JERSEY MARKETING AREA The basic formula price shall be the Exchange Grade A butter price, as preceding month’s average pay price for reported by the Department. 1. Section 1002.51 is revised to read manufacturing grade milk in Minnesota (c) Determine the amounts by which as follows: and Wisconsin using the ‘‘base month’’ the gross value per hundredweight of series, as reported by the Department, milk used to manufacture butter-nonfat § 1002.51 Basic formula price. adjusted to a 3.5 percent butterfat basis dry milk and the gross value per The basic formula price shall be the using the butterfat differential for the hundredweight of milk used to preceding month’s average pay price for preceding month computed pursuant to manufacture Cheddar cheese for the manufacturing grade milk in Minnesota § 1001.76 and rounded to the nearest current month exceed or are less than and Wisconsin using the ‘‘base month’’ cent, plus or minus the change in gross the respective gross values for the series, as reported by the Department, value yielded by the butter-nonfat dry preceding month. adjusted to a 3.5 percent butterfat basis milk and Cheddar cheese product price (d) Compute weighting factors to be using the butterfat differential for the formula computed pursuant to applied to the changes in gross values preceding month computed pursuant to paragraphs (a) through (e) of this determined pursuant to paragraph (c) of § 1002.81 and rounded to the nearest section. this section by determining the relative cent, plus or minus the change in gross (a) The gross values of per proportion that the data included in value yielded by the butter-nonfat dry hundredweight of milk used to each of the following paragraphs is of milk and Cheddar cheese product price manufacture butter-nonfat dry milk and the total of the data represented in formula computed pursuant to Cheddar cheese shall be computed, paragraphs (d)(1) and (d)(2) of this paragraphs (a) through (e) of this using price data determined pursuant to section: section. paragraph (b) of this section and annual (1) Combine the total nonfat dry milk (a) The gross values of per yield factors, for the preceding month production for the States of Minnesota hundredweight of milk used to and separately for the current month as and Wisconsin, as reported by the manufacture butter-nonfat dry milk and follows: Department, for the most recent Cheddar cheese shall be computed, (1) The gross value of milk used to reporting period, and divide by the using price data determined pursuant to manufacture butter-nonfat dry milk annual yield factor for nonfat dry milk, paragraph (b) of this section and annual shall be the sum of the following 8.07, to determine the quantity (in yield factors, for the preceding month computations: hundredweights) of milk used in the and separately for the current month as (i) Multiply the Grade AA butter price production of butter-nonfat dry milk; follows: by 4.27; and (1) The gross value of milk used to (ii) Multiply the nonfat dry milk price (2) Combine the total American manufacture butter-nonfat dry milk by 8.07; and cheese production for the States of shall be the sum of the following (iii) Multiply the dry buttermilk price Minnesota and Wisconsin, as reported computations: by 0.42. by the Department, for the most recent (i) Multiply the Grade AA butter price (2) The gross value of milk used to reporting period, and divide by the by 4.27; manufacture Cheddar cheese shall be annual yield factor for Cheddar cheese, (ii) Multiply the nonfat dry milk price the sum of the following computations: 9.87, to determine the quantity (in by 8.07; and Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7307 (iii) Multiply the dry buttermilk price by the Department, for the most recent PART 1004ÐMILK IN THE MIDDLE by 0.42. reporting period, and divide by the ATLANTIC MARKETING AREA (2) The gross value of milk used to annual yield factor for Cheddar cheese, manufacture Cheddar cheese shall be 9.87, to determine the quantity (in 1. Section 1004.50 is amended by the sum of the following computations: hundredweights) of milk used in the revising paragraph (d)(1) to read as (i) Multiply the Cheddar cheese price production of American cheese. follows: by 9.87; and (e) Compute a weighted average of the § 1004.50 Class and component prices. (ii) Multiply the Grade A butter price changes in gross values per by 0.238. * * * * * (b) The following product prices shall hundredweight of milk determined (d) * * * be used pursuant to paragraph (a) of this pursuant to paragraph (c) of this section (1) Compute a butterfat differential section: in accordance with the relative per one percent butterfat, rounded to the (1) Grade AA butter price. Grade AA proportions of milk determined nearest one-tenth cent, by multiplying butter price means the simple average pursuant to paragraph (d) of this the current month’s butter price by 1.38, for the month of the Chicago Mercantile section. and subtract from the result an amount Exchange, Grade AA butter price, as 2. Section 1002.56 is amended by determined by multiplying 0.028 by the reported by the Department. revising paragraphs (e), (f) and (g) and preceding month’s average pay price per (2) Nonfat dry milk price. Nonfat dry by adding a new paragraph (h), to read hundredweight, at test, for milk price means the simple average for as follows: manufacturing grade milk in Minnesota the month of the Western Nonfat Dry and Wisconsin, using the ‘‘base month’’ Milk Low/Medium Heat price, as § 1002.56 Announcement of class prices series, adjusted pursuant to § 1004.51 (a) reported by the Department. and butterfat differential. through (e), as reported by the (3) Dry buttermilk price. Dry * * * * * Department. The butter price means the buttermilk price means the simple (e) The basic formula price for the simple average for the month of the average for the month of the Western preceding month, pursuant to § 1002.51, Chicago Mercantile Exchange, Grade A Dry Buttermilk price, as reported by the as reported by the United States butter price as reported by the Department. Department of Agriculture. Department. (4) Cheddar cheese price. Cheddar * * * * * (f) The average price per cheese price means the simple average 2. Section 1004.51 is revised to read hundredweight for manufacturing grade for the month of the National Cheese as follows: Exchange 40-pound block Cheddar milk, f.o.b. plants in Wisconsin and cheese price, as reported by the Minnesota, using the base month series, § 1004.51 Basic formula prices. Department. for the second preceding month, as The basic formula price shall be the (5) Grade A butter price. Grade A reported by the United States preceding month’s average pay price for butter price means the simple average Department of Agriculture. manufacturing grade milk in Minnesota for the month of the Chicago Mercantile (g) The average price per pound, of and Wisconsin using the ‘‘base month’’ Exchange Grade A butter price, as Grade A (92-score) butter, at the Chicago series, as reported by the Department, reported by the Department. Mercantile Exchange, for the preceding adjusted to a 3.5 percent butterfat basis (c) Determine the amounts by which month, as reported by the United States using the butterfat differential for the the gross value per hundredweight of Department of Agriculture. preceding month computed pursuant to milk used to manufacture butter-nonfat (h) The average price per pound, of § 1004.50(d)(1) and rounded to the dry milk and the gross value per nonfat dry milk f.o.b. Western Area, for nearest cent, plus or minus the change hundredweight of milk used to the preceding month, as reported by the in gross value yielded by the butter- manufacture Cheddar cheese for the United States Department of nonfat dry milk and Cheddar cheese current month exceed or are less than Agriculture. product price formula computed the respective gross values for the pursuant to paragraphs (a) through (e) of preceding month. 3. Section 1002.81 is revised to read this section. (d) Compute weighting factors to be as follows: (a) The gross values of per applied to the changes in gross values § 1002.81 Butterfat differential. hundredweight of milk used to determined pursuant to paragraph (c) of manufacture butter-nonfat dry milk and this section by determining the relative The butterfat differential for the Cheddar cheese shall be computed, proportion that the data included in adjustment of prices as specified in this using price data determined pursuant to each of the following paragraphs is of part shall be plus or minus for each one- paragraph (b) of this section and annual the total of the data represented in tenth of one percent of butterfat above yield factors, for the preceding month paragraphs (d)(1) and (d)(2) of this or below 3.5 percent by an amount and separately for the current month as section: computed as follows: Round to the follows: (1) Combine the total nonfat dry milk nearest one-tenth cent, 0.138 times the (1) The gross value of milk used to production for the States of Minnesota current month’s butter price less 0.0028 manufacture butter-nonfat dry milk and Wisconsin, as reported by the times the preceding month’s average shall be the sum of the following Department, for the most recent pay price per hundredweight, at test, for computations: preceding period, and divide by the manufacturing grade milk in Minnesota (i) Multiply the Grade AA butter price annual yield factor for nonfat dry milk, and Wisconsin, using the ‘‘base month’’ by 4.27; 8.07, to determine the quantity (in series, adjusted pursuant to § 1002.51 (a) (ii) Multiply the nonfat dry milk price hundredweights) of milk used in the through (e), as reported by the by 8.07; and production of butter-nonfat dry milk; Department. The butter price means the (iii) Multiply the dry buttermilk price and simple average for the month of the by 0.42. (2) Combine the total American Chicago Mercantile Exchange, Grade A (2) The gross value of milk used to cheese production for the States of butter price as reported by the manufacture Cheddar cheese shall be Minnesota and Wisconsin, as reported Department. the sum of the following computations: 7308 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules (i) Multiply the Cheddar cheese price hundredweights) of milk used in the the month of the Western Nonfat Dry by 9.87; and production of American cheese. Milk Low/Medium Heat price, as (ii) Multiply the Grade A butter price (e) Compute a weighted average of the reported by the Department. by 0.238. changes in gross values per (3) Dry buttermilk price. Dry (b) The following product prices shall hundredweight of milk determined buttermilk price means the simple be used pursuant to paragraph (a) of this pursuant to paragraph (c) of this section average for the month of the Western section: in accordance with the relative Dry Buttermilk price, as reported by the (1) Grade AA butter price. Grade AA proportions of milk determined Department. pursuant to paragraph (d) of this butter price means the simple average (4) Cheddar cheese price. Cheddar section. for the month of the Chicago Mercantile cheese price means the simple average Exchange, Grade AA butter price, as for the month of the National Cheese reported by the Department. PART 1005ÐMILK IN THE CAROLINA MARKETING AREA Exchange 40-pound block Cheddar (2) Nonfat dry milk price. Nonfat dry cheese price, as reported by the milk price means the simple average for 1. Section 1005.51 is revised to read Department. the month of the Western Nonfat Dry as follows: Milk Low/Medium Heat price, as (5) Grade A butter price. Grade A reported by the Department. § 1005.51 Basic formula price. butter price means the simple average for the month of the Chicago Mercantile (3) Dry buttermilk price. Dry The basic formula price shall be the Exchange Grade A butter price, as buttermilk price means the simple preceding month’s average pay price for reported by the Department. average for the month of the Western manufacturing grade milk in Minnesota Dry Buttermilk price, as reported by the and Wisconsin using the ‘‘base month’’ (c) Determine the amounts by which Department. series, as reported by the Department, the gross value per hundredweight of (4) Cheddar cheese price. Cheddar adjusted to a 3.5 percent butterfat basis milk used to manufacture butter-nonfat cheese price means the simple average using the butterfat differential for the dry milk and the gross value per for the month of the National Cheese preceding month computed pursuant to hundredweight of milk used to Exchange 40-pound block Cheddar § 1005.74 and rounded to the nearest manufacture Cheddar cheese for the cheese price, as reported by the cent, plus or minus the change in gross current month exceed or are less than Department. value yielded by the butter-nonfat dry the respective gross values for the (5) Grade A butter price. Grade A milk and Cheddar cheese product price preceding month. butter price means the simple average formula computed pursuant to (d) Compute weighting factors to be for the month of the Chicago Mercantile paragraphs (a) through (e) of this applied to the changes in gross values Exchange Grade A butter price, as section. determined pursuant to paragraph (c) of reported by the Department. (a) The gross values of per this section by determining the relative (c) Determine the amounts by which hundredweight of milk used to proportion that the data included in the gross value per hundredweight of manufacture butter-nonfat dry milk and each of the following paragraphs is of milk used to manufacture butter-nonfat Cheddar cheese shall be computed, the total of the data represented in dry milk and the gross value per using price data determined pursuant to paragraphs (d)(1) and (d)(2) of this hundredweight of milk used to paragraph (b) of this section and annual section: manufacture Cheddar cheese for the yield factors, for the preceding month (1) Combine the total nonfat dry milk current month exceed or are less than and separately for the current month as production for the States of Minnesota the respective gross values for the follows: and Wisconsin, as reported by the preceding month. (1) The gross value of milk used to Department, for the most recent (d) Compute weighting factors to be manufacture butter-nonfat dry milk preceding period, and divide by the applied to the changes in gross values shall be the sum of the following annual yield factor for nonfat dry milk, determined pursuant to paragraph (c) of computations: 8.07, to determine the quantity (in this section by determining the relative (i) Multiply the Grade AA butter price hundredweights) of milk used in the proportion that the data included in by 4.27; production of butter-nonfat dry milk; each of the following paragraphs is of (ii) Multiply the nonfat dry milk price and the total of the data represented in by 8.07; and (2) Combine the total American paragraphs (d)(1) and (d)(2) of this (iii) Multiply the dry buttermilk price cheese production for the States of section: by 0.42. Minnesota and Wisconsin, as reported (1) Combine the total nonfat dry milk (2) The gross value of milk used to by the Department, for the most recent production for the States of Minnesota manufacture Cheddar cheese shall be preceding period, and divide by the and Wisconsin, as reported by the the sum of the following computations: annual yield factor for Cheddar cheese, Department, for the most recent (i) Multiply the Cheddar cheese price 9.87, to determine the quantity (in preceding period, and divide by the by 9.87; and hundredweights) of milk used in the annual yield factor for nonfat dry milk, (ii) Multiply the Grade A butter price production of American cheese. 8.07, to determine the quantity (in by 0.238. hundredweights) of milk used in the (b) The following product prices shall (e) Compute a weighted average of the production of butter-nonfat dry milk; be used pursuant to paragraph (a) of this changes in gross values per and section: hundredweight of milk determined (2) Combine the total American (1) Grade AA butter price. Grade AA pursuant to paragraph (c) of this section cheese production for the States of butter price means the simple average in accordance with the relative Minnesota and Wisconsin, as reported for the month of the Chicago Mercantile proportions of milk determined by the Department, for the most recent Exchange, Grade AA butter price, as pursuant to paragraph (d) of this preceding period, and divide by the reported by the Department. section. annual yield factor for Cheddar cheese, (2) Nonfat dry milk price. Nonfat dry 2. Section 1005.74 is revised to read 9.87, to determine the quantity (in milk price means the simple average for as follows: Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7309 § 1005.74 Butterfat differential. (b) The following product prices shall pursuant to paragraph (c) of this section For milk containing more or less than be used pursuant to paragraph (a) of this in accordance with the relative 3.5 percent butterfat, the uniform section: proportions of milk determined price(s) shall be increased or decreased, (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this respectively, for each one-tenth percent butter price means the simple average section. butterfat variation from 3.5 percent by a for the month of the Chicago Mercantile 2. Section 1006.74 is revised to read butterfat differential, rounded to the Exchange, Grade AA butter price, as as follows: nearest one-tenth cent, which shall be reported by the Department. 0.138 times the current month’s butter (2) Nonfat dry milk price. Nonfat dry § 1006.74 Butterfat differential. price less 0.0028 times the preceding milk price means the simple average for For milk containing more or less than month’s average pay price per the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price hundredweight, at test, for Milk Low/Medium Heat price, as shall be increased or decreased, manufacturing grade milk in Minnesota reported by the Department. respectively, for each one-tenth percent and Wisconsin, using the ‘‘base month’’ (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a series, adjusted pursuant to § 1005.51(a) buttermilk price means the simple butterfat differential, rounded to the through (e), as reported by the average for the month of the Western nearest one-tenth cent, which shall be Department. The butter price means the Dry Buttermilk price, as reported by the 0.138 times the current month’s butter simple average for the month of the Department. price less 0.0028 times the preceding Chicago Mercantile Exchange, Grade A (4) Cheddar cheese price. Cheddar month’s average pay price per butter price as reported by the cheese price means the simple average hundredweight, at test, for Department. for the month of the National Cheese manufacturing grade milk in Minnesota Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ PART 1006ÐMILK IN THE UPPER cheese price, as reported by the series, adjusted pursuant to § 1006.51(a) FLORIDA MARKETING AREA Department. through (e), as reported by the (5) Grade A butter price. Grade A 1. Section 1006.51 is revised to read Department. The butter price means the butter price means the simple average as follows: simple average for the month of the for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A § 1006.51 Basic formula price. Exchange Grade A butter price, as butter price as reported by the The basic formula price shall be the reported by the Department. Department. preceding month’s average pay price for (c) Determine the amounts by which manufacturing grade milk in Minnesota the gross value per hundredweight of PART 1007ÐMILK IN THE GEORGIA and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat MARKETING AREA series, as reported by the Department, dry milk and the gross value per hundredweight of milk used to 1. Section 1007.51 is revised to read adjusted to a 3.5 percent butterfat basis as follows: using the butterfat differential for the manufacture Cheddar cheese for the preceding month computed pursuant to current month exceed or are less than § 1007.51 Basic formula price. § 1006.74 and rounded to the nearest the respective gross values for the preceding month. The basic formula price shall be the cent, plus or minus the change in gross preceding month’s average pay price for value yielded by the butter-nonfat dry (d) Compute weighting factors to be applied to the changes in gross values manufacturing grade milk in Minnesota milk and Cheddar cheese product price and Wisconsin using the ‘‘base month’’ formula computed pursuant to determined pursuant to paragraph (c) of this section by determining the relative series, as reported by the Department, paragraphs (a) through (e) of this adjusted to a 3.5 percent butterfat basis section. proportion that the data included in each of the following paragraphs is of using the butterfat differential for the (a) The gross values of per preceding month computed pursuant to hundredweight of milk used to the total of the data represented in paragraphs (d)(1) and (d)(2) of this § 1007.74 and rounded to the nearest manufacture butter-nonfat dry milk and cent, plus or minus the change in gross Cheddar cheese shall be computed, section: (1) Combine the total nonfat dry milk value yielded by the butter-nonfat dry using price data determined pursuant to milk and Cheddar cheese product price paragraph (b) of this section and annual production for the States of Minnesota and Wisconsin, as reported by the formula computed pursuant to yield factors, for the preceding month paragraphs (a) through (e) of this and separately for the current month as Department, for the most recent preceding period, and divide by the section. follows: (a) The gross values of per (1) The gross value of milk used to annual yield factor for nonfat dry milk, hundredweight of milk used to manufacture butter-nonfat dry milk 8.07, to determine the quantity (in manufacture butter-nonfat dry milk and shall be the sum of the following hundredweights) of milk used in the Cheddar cheese shall be computed, computations: production of butter-nonfat dry milk; using price data determined pursuant to (i) Multiply the Grade AA butter price and paragraph (b) of this section and annual by 4.27; (2) Combine the total American (ii) Multiply the nonfat dry milk price cheese production for the States of yield factors, for the preceding month by 8.07; and Minnesota and Wisconsin, as reported and separately for the current month as (iii) Multiply the dry buttermilk price by the Department, for the most recent follows: by 0.42. preceding period, and divide by the (1) The gross value of milk used to (2) The gross value of milk used to annual yield factor for Cheddar cheese, manufacture butter-nonfat dry milk manufacture Cheddar cheese shall be 9.87, to determine the quantity (in shall be the sum of the following the sum of the following computations: hundredweights) of milk used in the computations: (i) Multiply the Cheddar cheese price production of American cheese. (i) Multiply the Grade AA butter price by 9.87; and (e) Compute a weighted average of the by 4.27; (ii) Multiply the Grade A butter price changes in gross values per (ii) Multiply the nonfat dry milk price by 0.238. hundredweight of milk determined by 8.07; and 7310 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules (iii) Multiply the dry buttermilk price by the Department, for the most recent (1) The gross value of milk used to by 0.42. preceding period, and divide by the manufacture butter-nonfat dry milk (2) The gross value of milk used to annual yield factor for Cheddar cheese, shall be the sum of the following manufacture Cheddar cheese shall be 9.87, to determine the quantity (in computations: the sum of the following computations: hundredweights) of milk used in the (i) Multiply the Grade AA butter price (i) Multiply the Cheddar cheese price production of American cheese. by 4.27; by 9.87; and (e) Compute a weighted average of the (ii) Multiply the nonfat dry milk price (ii) Multiply the Grade A butter price changes in gross values per by 8.07; and by 0.238. hundredweight of milk determined (iii) Multiply the dry buttermilk price (b) The following product prices shall pursuant to paragraph (c) of this section by 0.42. be used pursuant to paragraph (a) of this in accordance with the relative (2) The gross value of milk used to section: proportions of milk determined manufacture Cheddar cheese shall be (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this the sum of the following computations: butter price means the simple average section. (i) Multiply the Cheddar cheese price for the month of the Chicago Mercantile 2. Section 1007.74 is revised to read by 9.87; and Exchange, Grade AA butter price, as as follows: (ii) Multiply the Grade A butter price reported by the Department. by 0.238. (2) Nonfat dry milk price. Nonfat dry § 1007.74 Butterfat differential. (b) The following product prices shall milk price means the simple average for For milk containing more or less than be used pursuant to paragraph (a) of this the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform prices section: Milk Low/Medium Heat price, as for base and excess milk shall be (1) Grade AA butter price. Grade AA reported by the Department. increased or decreased, respectively, for butter price means the simple average (3) Dry buttermilk price. Dry each one-tenth percent butterfat for the month of the Chicago Mercantile buttermilk price means the simple variation from 3.5 percent by a butterfat Exchange, Grade AA butter price, as average for the month of the Western differential, rounded to the nearest one- reported by the Department. Dry Buttermilk price, as reported by the tenth cent, which shall be 0.138 times (2) Nonfat dry milk price. Nonfat dry Department. the current month’s butter price less milk price means the simple average for (4) Cheddar cheese price. Cheddar 0.0028 times the preceding month’s the month of the Western Nonfat Dry cheese price means the simple average average pay price per hundredweight, at Milk Low/Medium Heat price, as for the month of the National Cheese test, for manufacturing grade milk in reported by the Department. Exchange 40-pound block Cheddar Minnesota and Wisconsin, using the (3) Dry buttermilk price. Dry cheese price, as reported by the ‘‘base month’’ series, adjusted pursuant buttermilk price means the simple Department. to § 1007.51 (a) through (e), as reported average for the month of the Western (5) Grade A butter price. Grade A by the Department. The butter price Dry Buttermilk price, as reported by the butter price means the simple average means the simple average for the month Department. for the month of the Chicago Mercantile of the Chicago Mercantile Exchange, (4) Cheddar cheese price. Cheddar Exchange Grade A butter price, as Grade A butter price as reported by the cheese price means the simple average reported by the Department. Department. for the month of the National Cheese (c) Determine the amounts by which Exchange 40-pound block Cheddar the gross value per hundredweight of PART 1011ÐMILK IN THE TENNESSEE cheese price, as reported by the milk used to manufacture butter-nonfat VALLEY MARKETING AREA Department. dry milk and the gross value per 1. Section 1011.51 is revised to read (5) Grade A butter price. Grade A hundredweight of milk used to as follows: butter price means the simple average manufacture Cheddar cheese for the for the month of the Chicago Mercantile current month exceed or are less than § 1011.51 Basic formula price. Exchange Grade A butter price, as the respective gross values for the The basic formula price shall be the reported by the Department. preceding month. preceding month’s average pay price for (c) Determine the amounts by which (d) Compute weighting factors to be manufacturing grade milk in Minnesota the gross value per hundredweight of applied to the changes in gross values and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat determined pursuant to paragraph (c) of series, as reported by the Department, dry milk and the gross value per this section by determining the relative adjusted to a 3.5 percent butterfat basis hundredweight of milk used to proportion that the data included in using the butterfat differential for the manufacture Cheddar cheese for the each of the following paragraphs is of preceding month computed pursuant to current month exceed or are less than the total of the data represented in § 1011.74 and rounded to the nearest the respective gross values for the paragraphs (d)(1) and (d)(2) of this cent, plus or minus the change in gross preceding month. section: value yielded by the butter-nonfat dry (d) Compute weighting factors to be (1) Combine the total nonfat dry milk milk and Cheddar cheese product price applied to the changes in gross values production for the States of Minnesota formula computed pursuant to determined pursuant to paragraph (c) of and Wisconsin, as reported by the paragraphs (a) through (e) of this this section by determining the relative Department, for the most recent section. proportion that the data included in preceding period, and divide by the (a) The gross values of per each of the following paragraphs is of annual yield factor for nonfat dry milk, hundredweight of milk used to the total of the data represented in 8.07, to determine the quantity (in manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this hundredweights) of milk used in the Cheddar cheese shall be computed, section: production of butter-nonfat dry milk; using price data determined pursuant to (1) Combine the total nonfat dry milk and paragraph (b) of this section and annual production for the States of Minnesota (2) Combine the total American yield factors, for the preceding month and Wisconsin, as reported by the cheese production for the States of and separately for the current month as Department, for the most recent Minnesota and Wisconsin, as reported follows: preceding period, and divide by the Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7311 annual yield factor for nonfat dry milk, (a) The gross values of per each of the following paragraphs is of 8.07, to determine the quantity (in hundredweight of milk used to the total of the data represented in hundredweights) of milk used in the manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this production of butter-nonfat dry milk; Cheddar cheese shall be computed, section: and using price data determined pursuant to (1) Combine the total nonfat dry milk (2) Combine the total American paragraph (b) of this section and annual production for the States of Minnesota cheese production for the States of yield factors, for the preceding month and Wisconsin, as reported by the Minnesota and Wisconsin, as reported and separately for the current month as Department, for the most recent by the Department, for the most recent follows: preceding period, and divide by the preceding period, and divide by the (1) The gross value of milk used to annual yield factor for nonfat dry milk, annual yield factor for Cheddar cheese, manufacture butter-nonfat dry milk 8.07, to determine the quantity (in 9.87, to determine the quantity (in shall be the sum of the following hundredweights) of milk used in the hundredweights) of milk used in the computations: production of butter-nonfat dry milk; production of American cheese. (i) Multiply the Grade AA butter price and (e) Compute a weighted average of the by 4.27; (2) Combine the total American changes in gross values per (ii) Multiply the nonfat dry milk price cheese production for the States of hundredweight of milk determined by 8.07; and Minnesota and Wisconsin, as reported pursuant to paragraph (c) of this section (iii) Multiply the dry buttermilk price by the Department, for the most recent in accordance with the relative by 0.42. preceding period, and divide by the proportions of milk determined (2) The gross value of milk used to annual yield factor for Cheddar cheese, pursuant to paragraph (d) of this manufacture Cheddar cheese shall be 9.87, to determine the quantity (in section. the sum of the following computations: hundredweights) of milk used in the (i) Multiply the Cheddar cheese price production of American cheese. 2. Section 1011.74 is revised to read by 9.87; and (e) Compute a weighted average of the as follows: (ii) Multiply the Grade A butter price changes in gross values per § 1011.74 Butterfat differential. by 0.238. hundredweight of milk determined For milk containing more or less than (b) The following product prices shall pursuant to paragraph (c) of this section 3.5 percent butterfat, the uniform be used pursuant to paragraph (a) of this in accordance with the relative price(s) shall be increased or decreased, section: proportions of milk determined respectively, for each one-tenth percent (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this butterfat variation from 3.5 percent by a butter price means the simple average section. butterfat differential, rounded to the for the month of the Chicago Mercantile 2. Section 1012.74 is revised to read nearest one-tenth cent, which shall be Exchange, Grade AA butter price, as as follows: 0.138 times the current month’s butter reported by the Department. (2) Nonfat dry milk price. Nonfat dry § 1012.74 Butterfat differential. price less 0.0028 times the preceding milk price means the simple average for For milk containing more or less than month’s average pay price per the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price hundredweight, at test, for Milk Low/Medium Heat price, as shall be increased or decreased, manufacturing grade milk in Minnesota reported by the Department. respectively, for each one-tenth percent and Wisconsin, using the ‘‘base month’’ (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a series, adjusted pursuant to § 1011.51 (a) buttermilk price means the simple butterfat differential, rounded to the through (e), as reported by the average for the month of the Western nearest one-tenth cent, which shall be Department. The butter price means the Dry Buttermilk price, as reported by the 0.138 times the current month’s butter simple average for the month of the Department. price less 0.0028 times the preceding Chicago Mercantile Exchange, Grade A (4) Cheddar cheese price. Cheddar month’s average pay price per butter price as reported by the cheese price means the simple average hundredweight, at test, for Department. for the month of the National Cheese manufacturing grade milk in Minnesota and Wisconsin, using the ‘‘base month’’ PART 1012ÐMILK IN THE TAMPA BAY Exchange 40-pound block Cheddar series, adjusted pursuant to § 1012.51(a) MARKETING AREA cheese price, as reported by the Department. through (e), as reported by the 1. Section 1012.51 is revised to read (5) Grade A butter price. Grade A Department. The butter price means the as follows: butter price means the simple average simple average for the month of the for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A § 1012.51 Basic formula price. Exchange Grade A butter price, as butter price as reported by the The basic formula price shall be the reported by the Department. Department. preceding month’s average pay price for (c) Determine the amounts by which manufacturing grade milk in Minnesota the gross value per hundredweight of PART 1013ÐMILK IN THE and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat SOUTHEASTERN FLORIDA series, as reported by the Department, dry milk and the gross value per MARKETING AREA adjusted to a 3.5 percent butterfat basis hundredweight of milk used to 1. Section 1013.51 is revised to read using the butterfat differential for the manufacture Cheddar cheese for the as follows: preceding month computed pursuant to current month exceed or are less than § 1012.74 and rounded to the nearest the respective gross values for the § 1013.51 Basic formula price. cent, plus or minus the change in gross preceding month. The basic formula price shall be the value yielded by the butter-nonfat dry (d) Compute weighting factors to be preceding month’s average pay price for milk and Cheddar cheese product price applied to the changes in gross values manufacturing grade milk in Minnesota formula computed pursuant to determined pursuant to paragraph (c) of and Wisconsin using the ‘‘base month’’ paragraphs (a) through (e) of this this section by determining the relative series, as reported by the Department, section. proportion that the data included in adjusted to a 3.5 percent butterfat basis 7312 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules using the butterfat differential for the manufacture Cheddar cheese for the § 1030.51 Basic formula price. preceding month computed pursuant to current month exceed or are less than The basic formula price shall be the § 1013.74 and rounded to the nearest the respective gross values for the preceding month’s average pay price for cent, plus or minus the change in gross preceding month. manufacturing grade milk in Minnesota value yielded by the butter-nonfat dry (d) Compute weighting factors to be and Wisconsin using the ‘‘base month’’ milk and Cheddar cheese product price applied to the changes in gross values series, as reported by the Department, formula computed pursuant to determined pursuant to paragraph (c) of adjusted to a 3.5 percent butterfat basis paragraphs (a) through (e) of this this section by determining the relative using the butterfat differential for the section. proportion that the data included in preceding month computed pursuant to (a) The gross values of per each of the following paragraphs is of § 1030.74 and rounded to the nearest hundredweight of milk used to the total of the data represented in cent, plus or minus the change in gross manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this value yielded by the butter-nonfat dry Cheddar cheese shall be computed, section: milk and Cheddar cheese product price using price data determined pursuant to (1) Combine the total nonfat dry milk formula computed pursuant to paragraph (b) of this section and annual production for the States of Minnesota paragraphs (a) through (e) of this yield factors, for the preceding month and Wisconsin, as reported by the section. and separately for the current month as Department, for the most recent (a) The gross values of per follows: preceding period, and divide by the hundredweight of milk used to (1) The gross value of milk used to annual yield factor for nonfat dry milk, manufacture butter-nonfat dry milk and manufacture butter-nonfat dry milk 8.07, to determine the quantity (in Cheddar cheese shall be computed, shall be the sum of the following hundredweights) of milk used in the using price data determined pursuant to computations: production of butter-nonfat dry milk; paragraph (b) of this section and annual (i) Multiply the Grade AA butter price and yield factors, for the preceding month by 4.27; (2) Combine the total American and separately for the current month as (ii) Multiply the nonfat dry milk price cheese production for the States of follows: by 8.07; and Minnesota and Wisconsin, as reported (1) The gross value of milk used to (iii) Multiply the dry buttermilk price by the Department, for the most recent manufacture butter-nonfat dry milk by 0.42. preceding period, and divide by the shall be the sum of the following (2) The gross value of milk used to annual yield factor for Cheddar cheese, computations: manufacture Cheddar cheese shall be 9.87, to determine the quantity (in (i) Multiply the Grade AA butter price the sum of the following computations: hundredweights) of milk used in the by 4.27; (i) Multiply the Cheddar cheese price production of American cheese. (ii) Multiply the nonfat dry milk price by 9.87; and (e) Compute a weighted average of the by 8.07; and (ii) Multiply the Grade A butter price changes in gross values per (iii) Multiply the dry buttermilk price by 0.238. hundredweight of milk determined by 0.42. (b) The following product prices shall pursuant to paragraph (c) of this section (2) The gross value of milk used to be used pursuant to paragraph (a) of this in accordance with the relative manufacture Cheddar cheese shall be section: proportions of milk determined the sum of the following computations: (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this (i) Multiply the Cheddar cheese price butter price means the simple average section. by 9.87; and for the month of the Chicago Mercantile 2. Section 1013.74 is revised to read (ii) Multiply the Grade A butter price Exchange, Grade AA butter price, as as follows: by 0.238. reported by the Department. § 1013.74 Butterfat differential. (b) The following product prices shall (2) Nonfat dry milk price. Nonfat dry For milk containing more or less than be used pursuant to paragraph (a) of this milk price means the simple average for 3.5 percent butterfat, the uniform price section: the month of the Western Nonfat Dry (1) Grade AA butter price. Grade AA shall be increased or decreased, Milk Low/Medium Heat price, as butter price means the simple average respectively, for each one-tenth percent reported by the Department. for the month of the Chicago Mercantile butterfat variation from 3.5 percent by a (3) Dry buttermilk price. Dry Exchange, Grade AA butter price, as butterfat differential, rounded to the buttermilk price means the simple reported by the Department. nearest one-tenth cent, which shall be average for the month of the Western (2) Nonfat dry milk price. Nonfat dry 0.138 times the current month’s butter Dry Buttermilk price, as reported by the milk price means the simple average for price less 0.0028 times the preceding Department. the month of the Western Nonfat Dry month’s average pay price per (4) Cheddar cheese price. Cheddar Milk Low/Medium Heat price, as hundredweight, at test, for cheese price means the simple average reported by the Department. for the month of the National Cheese manufacturing grade milk in Minnesota (3) Dry buttermilk price. Dry Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ buttermilk price means the simple cheese price, as reported by the series, adjusted pursuant to § 1013.51 (a) average for the month of the Western Department. through (e), as reported by the Dry Buttermilk price, as reported by the (5) Grade A butter price. Grade A Department. The butter price means the Department. butter price means the simple average simple average for the month of the (4) Cheddar cheese price. Cheddar for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A cheese price means the simple average Exchange Grade A butter price, as butter price as reported by the for the month of the National Cheese reported by the Department. Department. Exchange 40-pound block Cheddar (c) Determine the amounts by which PART 1030ÐMILK IN THE CHICAGO cheese price, as reported by the the gross value per hundredweight of REGIONAL MARKETING AREA Department. milk used to manufacture butter-nonfat (5) Grade A butter price. Grade A dry milk and the gross value per 1. Section 1030.51 is revised to read butter price means the simple average hundredweight of milk used to as follows: for the month of the Chicago Mercantile Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7313 Exchange Grade A butter price, as butter price as reported by the (4) Cheddar cheese price. Cheddar reported by the Department. Department. cheese price means the simple average (c) Determine the amounts by which for the month of the National Cheese the gross value per hundredweight of PART 1032ÐMILK IN THE SOUTHERN Exchange 40-pound block Cheddar milk used to manufacture butter-nonfat ILLINOIS-EASTERN MISSOURI cheese price, as reported by the dry milk and the gross value per MARKETING AREA Department. hundredweight of milk used to 1. Section 1032.51 is revised to read (5) Grade A butter price. Grade A manufacture Cheddar cheese for the as follows: butter price means the simple average current month exceed or are less than for the month of the Chicago Mercantile the respective gross values for the § 1032.51 Basic formula price. Exchange Grade A butter price, as preceding month. The basic formula price shall be the reported by the Department. (d) Compute weighting factors to be preceding month’s average pay price for (c) Determine the amounts by which applied to the changes in gross values manufacturing grade milk in Minnesota the gross value per hundredweight of determined pursuant to paragraph (c) of and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat this section by determining the relative series, as reported by the Department, dry milk and the gross value per proportion that the data included in adjusted to a 3.5 percent butterfat basis hundredweight of milk used to each of the following paragraphs is of using the butterfat differential for the manufacture Cheddar cheese for the the total of the data represented in preceding month computed pursuant to current month exceed or are less than paragraphs (d)(1) and (d)(2) of this § 1032.74 and rounded to the nearest the respective gross values for the section: cent, plus or minus the change in gross preceding month. (1) Combine the total nonfat dry milk value yielded by the butter-nonfat dry (d) Compute weighting factors to be production for the States of Minnesota milk and Cheddar cheese product price applied to the changes in gross values and Wisconsin, as reported by the formula computed pursuant to determined pursuant to paragraph (c) of Department, for the most recent paragraphs (a) through (e) of this this section by determining the relative preceding period, and divide by the section. proportion that the data included in annual yield factor for nonfat dry milk, (a) The gross values of per each of the following paragraphs is of 8.07, to determine the quantity (in hundredweight of milk used to the total of the data represented in hundredweights) of milk used in the manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this production of butter-nonfat dry milk; Cheddar cheese shall be computed, section: and using price data determined pursuant to (1) Combine the total nonfat dry milk (2) Combine the total American paragraph (b) of this section and annual production for the States of Minnesota cheese production for the States of yield factors, for the preceding month and Wisconsin, as reported by the Minnesota and Wisconsin, as reported and separately for the current month as Department, for the most recent by the Department, for the most recent follows: preceding period, and divide by the preceding period, and divide by the (1) The gross value of milk used to annual yield factor for nonfat dry milk, annual yield factor for Cheddar cheese, manufacture butter-nonfat dry milk 8.07, to determine the quantity (in 9.87, to determine the quantity (in shall be the sum of the following hundredweights) of milk used in the hundredweights) of milk used in the computations: production of butter-nonfat dry milk; production of American cheese. (i) Multiply the Grade AA butter price and (e) Compute a weighted average of the by 4.27; (2) Combine the total American changes in gross values per (ii) Multiply the nonfat dry milk price cheese production for the States of hundredweight of milk determined by 8.07; and Minnesota and Wisconsin, as reported pursuant to paragraph (c) of this section (iii) Multiply the dry buttermilk price by the Department, for the most recent in accordance with the relative by 0.42. preceding period, and divide by the proportions of milk determined (2) The gross value of milk used to annual yield factor for Cheddar cheese, pursuant to paragraph (d) of this manufacture Cheddar cheese shall be 9.87, to determine the quantity (in section. the sum of the following computations: hundredweights) of milk used in the 2. Section 1030.74 is revised to read (i) Multiply the Cheddar cheese price production of American cheese. as follows: by 9.87; and (e) Compute a weighted average of the (ii) Multiply the Grade A butter price changes in gross values per § 1030.74 Butterfat differential. by 0.238. hundredweight of milk determined For milk containing more or less than (b) The following product prices shall pursuant to paragraph (c) of this section 3.5 percent butterfat, the uniform price be used pursuant to paragraph (a) of this in accordance with the relative shall be increased or decreased, section: proportions of milk determined respectively, for each one-tenth percent (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this butterfat variation from 3.5 percent by a butter price means the simple average section. butterfat differential, rounded to the for the month of the Chicago Mercantile 2. Section 1032.74 is revised to read nearest one-tenth cent, which shall be Exchange, Grade AA butter price, as as follows: 0.138 times the current month’s butter reported by the Department. price less 0.0028 times the preceding (2) Nonfat dry milk price. Nonfat dry § 1032.74 Butterfat differential. month’s average pay price per milk price means the simple average for For milk containing more or less than hundredweight, at test, for the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price manufacturing grade milk in Minnesota Milk Low/Medium Heat price, as shall be increased or decreased, and Wisconsin, using the ‘‘base month’’ reported by the Department. respectively, for each one-tenth percent series, adjusted pursuant to § 1030.51 (a) (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a through (e), as reported by the buttermilk price means the simple butterfat differential, rounded to the Department. The butter price means the average for the month of the Western nearest one-tenth cent, which shall be simple average for the month of the Dry Buttermilk price, as reported by the 0.138 times the current month’s butter Chicago Mercantile Exchange, Grade A Department. price less 0.0028 times the preceding 7314 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules month’s average pay price per the month of the Western Nonfat Dry § 1033.73 Butterfat differential. hundredweight, at test, for Milk Low/Medium Heat price, as For milk containing more or less than manufacturing grade milk in Minnesota reported by the Department. 3.5 percent butterfat, the uniform price and Wisconsin, using the ‘‘base month’’ (3) Dry buttermilk price. Dry shall be increased or decreased, series, adjusted pursuant to § 1032.51 (a) buttermilk price means the simple respectively, for each one-tenth percent through (e), as reported by the average for the month of the Western butterfat variation from 3.5 percent by a Department. The butter price means the Dry Buttermilk price, as reported by the butterfat differential, rounded to the simple average for the month of the Department. nearest one-tenth cent, which shall be Chicago Mercantile Exchange, Grade A (4) Cheddar cheese price. Cheddar 0.138 times the current month’s butter butter price as reported by the cheese price means the simple average price less 0.0028 times the preceding Department. for the month of the National Cheese month’s average pay price per Exchange 40-pound block Cheddar hundredweight, at test, for PART 1033ÐMILK IN THE OHIO manufacturing grade milk in Minnesota VALLEY MARKETING AREA cheese price, as reported by the Department. and Wisconsin, using the ‘‘base month’’ series, adjusted pursuant to § 1033.51 (a) 1. Section 1033.51 is revised to read (5) Grade A butter price. Grade A as follows: through (e), as reported by the butter price means the simple average Department. The butter price means the § 1033.51 Basic formula price. for the month of the Chicago Mercantile simple average for the month of the The basic formula price shall be the Exchange Grade A butter price, as Chicago Mercantile Exchange, Grade A preceding month’s average pay price for reported by the Department. butter price as reported by the manufacturing grade milk in Minnesota (c) Determine the amounts by which Department. and Wisconsin using the ‘‘base month’’ the gross value per hundredweight of series, as reported by the Department, milk used to manufacture butter-nonfat PART 1036ÐMILK IN THE EASTERN adjusted to a 3.5 percent butterfat basis dry milk and the gross value per OHIO-WESTERN PENNSYLVANIA using the butterfat differential for the hundredweight of milk used to MARKETING AREA manufacture Cheddar cheese for the preceding month computed pursuant to 1. Section 1036.51 is revised to read current month exceed or are less than § 1033.73 and rounded to the nearest as follows: cent, plus or minus the change in gross the respective gross values for the value yielded by the butter-nonfat dry preceding month. § 1036.51 Basic formula price. milk and Cheddar cheese product price (d) Compute weighting factors to be The basic formula price shall be the formula computed pursuant to applied to the changes in gross values preceding month’s average pay price for paragraphs (a) through (e) of this determined pursuant to paragraph (c) of manufacturing grade milk in Minnesota section. this section by determining the relative and Wisconsin using the ‘‘base month’’ (a) The gross values of per proportion that the data included in series, as reported by the Department, hundredweight of milk used to each of the following paragraphs is of adjusted to a 3.5 percent butterfat basis manufacture butter-nonfat dry milk and the total of the data represented in using the butterfat differential for the Cheddar cheese shall be computed, paragraphs (d)(1) and (d)(2) of this preceding month computed pursuant to using price data determined pursuant to section: § 1036.74 and rounded to the nearest paragraph (b) of this section and annual (1) Combine the total nonfat dry milk cent, plus or minus the change in gross yield factors, for the preceding month production for the States of Minnesota value yielded by the butter-nonfat dry and separately for the current month as and Wisconsin, as reported by the milk and Cheddar cheese product price follows: formula computed pursuant to (1) The gross value of milk used to Department, for the most recent preceding period, and divide by the paragraphs (a) through (e) of this manufacture butter-nonfat dry milk section. shall be the sum of the following annual yield factor for nonfat dry milk, 8.07, to determine the quantity (in (a) The gross values of per computations: hundredweight of milk used to (i) Multiply the Grade AA butter price hundredweights) of milk used in the manufacture butter-nonfat dry milk and by 4.27; production of butter-nonfat dry milk; Cheddar cheese shall be computed, (ii) Multiply the nonfat dry milk price and using price data determined pursuant to by 8.07; and (2) Combine the total American paragraph (b) of this section and annual (iii) Multiply the dry buttermilk price cheese production for the States of yield factors, for the preceding month by 0.42. Minnesota and Wisconsin, as reported and separately for the current month as (2) The gross value of milk used to by the Department, for the most recent follows: manufacture Cheddar cheese shall be preceding period, and divide by the (1) The gross value of milk used to the sum of the following computations: annual yield factor for Cheddar cheese, manufacture butter-nonfat dry milk (i) Multiply the Cheddar cheese price 9.87, to determine the quantity (in shall be the sum of the following by 9.87; and hundredweights) of milk used in the computations: (ii) Multiply the Grade A butter price production of American cheese. by 0.238. (i) Multiply the Grade AA butter price (b) The following product prices shall (e) Compute a weighted average of the by 4.27; be used pursuant to paragraph (a) of this changes in gross values per (ii) Multiply the nonfat dry milk price section: hundredweight of milk determined by 8.07; and (1) Grade AA butter price. Grade AA pursuant to paragraph (c) of this section (iii) Multiply the dry buttermilk price butter price means the simple average in accordance with the relative by 0.42. for the month of the Chicago Mercantile proportions of milk determined (2) The gross value of milk used to Exchange, Grade AA butter price, as pursuant to paragraph (d) of this manufacture Cheddar cheese shall be reported by the Department. section. the sum of the following computations: (2) Nonfat dry milk price. Nonfat dry 2. Section 1033.73 is revised to read (i) Multiply the Cheddar cheese price milk price means the simple average for as follows: by 9.87; and Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7315 (ii) Multiply the Grade A butter price (e) Compute a weighted average of the (ii) Multiply the nonfat dry milk price by 0.238. changes in gross values per by 8.07; and (b) The following product prices shall hundredweight of milk determined (iii) Multiply the dry buttermilk price be used pursuant to paragraph (a) of this pursuant to paragraph (c) of this section by 0.42. section: in accordance with the relative (2) The gross value of milk used to (1) Grade AA butter price. Grade AA proportions of milk determined manufacture Cheddar cheese shall be butter price means the simple average pursuant to paragraph (d) of this the sum of the following computations: for the month of the Chicago Mercantile section. (i) Multiply the Cheddar cheese price Exchange, Grade AA butter price, as 2. Section 1036.74 is revised to read by 9.87; and reported by the Department. as follows: (ii) Multiply the Grade A butter price (2) Nonfat dry milk price. Nonfat dry § 1036.74 Butterfat differential. by 0.238. milk price means the simple average for For milk containing more or less than (b) The following product prices shall the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price be used pursuant to paragraph (a) of this Milk Low/Medium Heat price, as shall be increased or decreased, section: reported by the Department. respectively, for each one-tenth percent (1) Grade AA butter price. Grade AA (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a butter price means the simple average buttermilk price means the simple butterfat differential, rounded to the for the month of the Chicago Mercantile average for the month of the Western nearest one-tenth cent, which shall be Exchange, Grade AA butter price, as Dry Buttermilk price, as reported by the 0.138 times the current month’s butter reported by the Department. Department. price less 0.0028 times the preceding (2) Nonfat dry milk price. Nonfat dry (4) Cheddar cheese price. Cheddar month’s average pay price per milk price means the simple average for cheese price means the simple average hundredweight, at test, for the month of the Western Nonfat Dry for the month of the National Cheese manufacturing grade milk in Minnesota Milk Low/Medium Heat price, as Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ reported by the Department. cheese price, as reported by the series, adjusted pursuant to § 1036.51 (a) (3) Dry buttermilk price. Dry Department. through (e), as reported by the buttermilk price means the simple (5) Grade A butter price. Grade A Department. The butter price means the average for the month of the Western butter price means the simple average simple average for the month of the Dry Buttermilk price, as reported by the for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A Department. Exchange Grade A butter price, as butter price as reported by the (4) Cheddar cheese price. Cheddar reported by the Department. Department. cheese price means the simple average (c) Determine the amounts by which for the month of the National Cheese the gross value per hundredweight of PART 1040ÐMILK IN THE SOUTHERN Exchange 40-pound block Cheddar milk used to manufacture butter-nonfat MICHIGAN MARKETING AREA cheese price, as reported by the dry milk and the gross value per Department. hundredweight of milk used to 1. Section 1040.51 is revised to read (5) Grade A butter price. Grade A manufacture Cheddar cheese for the as follows: butter price means the simple average current month exceed or are less than § 1040.51 Basic formula price. for the month of the Chicago Mercantile the respective gross values for the The basic formula price shall be the Exchange Grade A butter price, as preceding month. preceding month’s average pay price for reported by the Department. (d) Compute weighting factors to be manufacturing grade milk in Minnesota (c) Determine the amounts by which applied to the changes in gross values and Wisconsin using the ‘‘base month’’ the gross value per hundredweight of determined pursuant to paragraph (c) of series, as reported by the Department, milk used to manufacture butter-nonfat this section by determining the relative adjusted to a 3.5 percent butterfat basis dry milk and the gross value per proportion that the data included in using the butterfat differential for the hundredweight of milk used to each of the following paragraphs is of preceding month computed pursuant to manufacture Cheddar cheese for the the total of the data represented in § 1040.51 and rounded to the nearest current month exceed or are less than paragraphs (d)(1) and (d)(2) of this cent, plus or minus the change in gross the respective gross values for the section: value yielded by the butter-nonfat dry preceding month. (1) Combine the total nonfat dry milk milk and Cheddar cheese product price (d) Compute weighting factors to be production for the States of Minnesota formula computed pursuant to applied to the changes in gross values and Wisconsin, as reported by the paragraphs (a) through (e) of this determined pursuant to paragraph (c) of Department, for the most recent section. this section by determining the relative preceding period, and divide by the (a) The gross values of per proportion that the data included in annual yield factor for nonfat dry milk, hundredweight of milk used to each of the following paragraphs is of 8.07, to determine the quantity (in manufacture butter-nonfat dry milk and the total of the data represented in hundredweights) of milk used in the Cheddar cheese shall be computed, paragraphs (d)(1) and (d)(2) of this production of butter-nonfat dry milk; using price data determined pursuant to section: and paragraph (b) of this section and annual (1) Combine the total nonfat dry milk (2) Combine the total American yield factors, for the preceding month production for the States of Minnesota cheese production for the States of and separately for the current month as and Wisconsin, as reported by the Minnesota and Wisconsin, as reported follows: Department, for the most recent by the Department, for the most recent (1) The gross value of milk used to preceding period, and divide by the preceding period, and divide by the manufacture butter-nonfat dry milk annual yield factor for nonfat dry milk, annual yield factor for Cheddar cheese, shall be the sum of the following 8.07, to determine the quantity (in 9.87, to determine the quantity (in computations: hundredweights) of milk used in the hundredweights) of milk used in the (i) Multiply the Grade AA butter price production of butter-nonfat dry milk; production of American cheese. by 4.27; and 7316 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules (2) Combine the total American paragraph (b) of this section and annual and Wisconsin, as reported by the cheese production for the States of yield factors, for the preceding month Department, for the most recent Minnesota and Wisconsin, as reported and separately for the current month as preceding period, and divide by the by the Department, for the most recent follows: annual yield factor for nonfat dry milk, preceding period, and divide by the (1) The gross value of milk used to 8.07, to determine the quantity (in annual yield factor for Cheddar cheese, manufacture butter-nonfat dry milk hundredweights) of milk used in the 9.87, to determine the quantity (in shall be the sum of the following production of butter-nonfat dry milk; hundredweights) of milk used in the computations: and production of American cheese. (i) Multiply the Grade AA butter price (2) Combine the total American (e) Compute a weighted average of the by 4.27; cheese production for the States of changes in gross values per (ii) Multiply the nonfat dry milk price Minnesota and Wisconsin, as reported hundredweight of milk determined by 8.07; and by the Department, for the most recent pursuant to paragraph (c) of this section (iii) Multiply the dry buttermilk price preceding period, and divide by the in accordance with the relative by 0.42. annual yield factor for Cheddar cheese, proportions of milk determined (2) The gross value of milk used to 9.87, to determine the quantity (in pursuant to paragraph (d) of this manufacture Cheddar cheese shall be hundredweights) of milk used in the section. the sum of the following computations: production of American cheese. 2. Section 1040.74 is revised to read (i) Multiply the Cheddar cheese price (e) Compute a weighted average of the as follows: by 9.87; and changes in gross values per (ii) Multiply the Grade A butter price hundredweight of milk determined § 1040.74 Butterfat differential. by 0.238. pursuant to paragraph (c) of this section For milk containing more or less than (b) The following product prices shall in accordance with the relative 3.5 percent butterfat, the uniform prices be used pursuant to paragraph (a) of this proportions of milk determined shall be increased or decreased, section: pursuant to paragraph (d) of this (1) Grade AA butter price. Grade AA respectively, for each one-tenth percent section. butterfat variation from 3.5 percent by a butter price means the simple average 2. Section 1044.62 is revised to read butterfat differential, rounded to the for the month of the Chicago Mercantile as follows: nearest one-tenth cent, which shall be Exchange, Grade AA butter price, as 0.138 times the current month’s butter reported by the Department. § 1044.62 Butterfat differential. price less 0.0028 times the preceding (2) Nonfat dry milk price. Nonfat dry The applicable uniform prices to be month’s average pay price per milk price means the simple average for paid pursuant to § 1044.70 shall be hundredweight, at test, for the month of the Western Nonfat Dry increased or decreased, for each one- manufacturing grade milk in Minnesota Milk Low/Medium Heat price, as tenth of one percent butterfat variation and Wisconsin, using the ‘‘base month’’ reported by the Department. from 3.5 percent by a butterfat series, adjusted pursuant to § 1040.51 (a) (3) Dry buttermilk price. Dry differential, rounded to the nearest one- through (e), as reported by the buttermilk price means the simple tenth cent, which shall be 0.138 times Department. The butter price means the average for the month of the Western the current month’s butter price less simple average for the month of the Dry Buttermilk price, as reported by the 0.0028 times the preceding month’s Chicago Mercantile Exchange, Grade A Department. average pay price per hundredweight, at (4) Cheddar cheese price. Cheddar butter price as reported by the test, for manufacturing grade milk in cheese price means the simple average Department. Minnesota and Wisconsin, using the for the month of the National Cheese ‘‘base month’’ series, adjusted pursuant Exchange 40-pound block Cheddar PART 1044ÐMILK IN THE MICHIGAN to § 1044.51 (a) through (e), as reported cheese price, as reported by the UPPER PENINSULA MARKETING by the Department. The butter price AREA Department. (5) Grade A butter price. Grade A means the simple average for the month 1. Section 1044.51 is revised to read butter price means the simple average of the Chicago Mercantile Exchange, as follows: for the month of the Chicago Mercantile Grade A butter price as reported by the Exchange Grade A butter price, as Department. § 1044.51 Basic formula price. reported by the Department. PART 1046ÐMILK IN THE The basic formula price shall be the (c) Determine the amounts by which preceding month’s average pay price for LOUISVILLE-LEXINGTON-EVANSVILLE the gross value per hundredweight of MARKETING AREA manufacturing grade milk in Minnesota milk used to manufacture butter-nonfat and Wisconsin using the ‘‘base month’’ dry milk and the gross value per 1. Section 1046.51 is revised to read series, as reported by the Department, hundredweight of milk used to as follows: adjusted to a 3.5 percent butterfat basis manufacture Cheddar cheese for the using the butterfat differential for the current month exceed or are less than § 1046.51 Basic formula price. preceding month computed pursuant to the respective gross values for the The basic formula price shall be the § 1044.62 and rounded to the nearest preceding month. preceding month’s average pay price for cent, plus or minus the change in gross (d) Compute weighting factors to be manufacturing grade milk in Minnesota value yielded by the butter-nonfat dry applied to the changes in gross values and Wisconsin using the ‘‘base month’’ milk and Cheddar cheese product price determined pursuant to paragraph (c) of series, as reported by the Department, formula computed pursuant to this section by determining the relative adjusted to a 3.5 percent butterfat basis paragraphs (a) through (e) of this proportion that the data included in using the butterfat differential for the section. each of the following paragraphs is of preceding month computed pursuant to (a) The gross values of per the total of the data represented in § 1046.74 and rounded to the nearest hundredweight of milk used to paragraphs (d)(1) and (d)(2) of this cent, plus or minus the change in gross manufacture butter-nonfat dry milk and section: value yielded by the butter-nonfat dry Cheddar cheese shall be computed, (1) Combine the total nonfat dry milk milk and Cheddar cheese product price using price data determined pursuant to production for the States of Minnesota formula computed pursuant to Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7317 paragraphs (a) through (e) of this this section by determining the relative adjusted to a 3.5 percent butterfat basis section. proportion that the data included in using the butterfat differential for the (a) The gross values of per each of the following paragraphs is of preceding month computed pursuant to hundredweight of milk used to the total of the data represented in § 1049.74 and rounded to the nearest manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this cent, plus or minus the change in gross Cheddar cheese shall be computed, section: value yielded by the butter-nonfat dry using price data determined pursuant to (1) Combine the total nonfat dry milk milk and Cheddar cheese product price paragraph (b) of this section and annual production for the States of Minnesota formula computed pursuant to yield factors, for the preceding month and Wisconsin, as reported by the paragraphs (a) through (e) of this and separately for the current month as Department, for the most recent section. follows: preceding period, and divide by the (a) The gross values of per (1) The gross value of milk used to annual yield factor for nonfat dry milk, hundredweight of milk used to manufacture butter-nonfat dry milk 8.07, to determine the quantity (in manufacture butter-nonfat dry milk and shall be the sum of the following hundredweights) of milk used in the Cheddar cheese shall be computed, computations: production of butter-nonfat dry milk; using price data determined pursuant to (i) Multiply the Grade AA butter price and paragraph (b) of this section and annual by 4.27; (2) Combine the total American yield factors, for the preceding month (ii) Multiply the nonfat dry milk price cheese production for the States of and separately for the current month as by 8.07; and Minnesota and Wisconsin, as reported follows: (iii) Multiply the dry buttermilk price by the Department, for the most recent (1) The gross value of milk used to by 0.42. preceding period, and divide by the manufacture butter-nonfat dry milk (2) The gross value of milk used to annual yield factor for Cheddar cheese, shall be the sum of the following manufacture Cheddar cheese shall be 9.87, to determine the quantity (in computations: the sum of the following computations: hundredweights) of milk used in the (i) Multiply the Grade AA butter price (i) Multiply the Cheddar cheese price production of American cheese. by 4.27; by 9.87; and (e) Compute a weighted average of the (ii) Multiply the nonfat dry milk price (ii) Multiply the Grade A butter price changes in gross values per by 8.07; and by 0.238. hundredweight of milk determined (iii) Multiply the dry buttermilk price (b) The following product prices shall pursuant to paragraph (c) of this section by 0.42. be used pursuant to paragraph (a) of this in accordance with the relative (2) The gross value of milk used to section: proportions of milk determined manufacture Cheddar cheese shall be (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this the sum of the following computations: butter price means the simple average section. (i) Multiply the Cheddar cheese price for the month of the Chicago Mercantile 2. Section 1046.74 is revised to read by 9.87; and Exchange, Grade AA butter price, as as follows: (ii) Multiply the Grade A butter price reported by the Department. by 0.238. (2) Nonfat dry milk price. Nonfat dry § 1046.74 Butterfat differential. (b) The following product prices shall milk price means the simple average for For milk containing more or less than be used pursuant to paragraph (a) of this the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform prices section: Milk Low/Medium Heat price, as shall be increased or decreased, (1) Grade AA butter price. Grade AA reported by the Department. respectively, for each one-tenth percent butter price means the simple average (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a for the month of the Chicago Mercantile buttermilk price means the simple butterfat differential, rounded to the Exchange, Grade AA butter price, as average for the month of the Western nearest one-tenth cent, which shall be reported by the Department. Dry Buttermilk price, as reported by the 0.138 times the current month’s butter (2) Nonfat dry milk price. Nonfat dry Department. price less 0.0028 times the preceding milk price means the simple average for (4) Cheddar cheese price. Cheddar month’s average pay price per the month of the Western Nonfat Dry cheese price means the simple average hundredweight, at test, for Milk Low/Medium Heat price, as for the month of the National Cheese manufacturing grade milk in Minnesota reported by the Department. Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ (3) Dry buttermilk price. Dry cheese price, as reported by the series, adjusted pursuant to § 1046.51 (a) buttermilk price means the simple Department. through (e), as reported by the average for the month of the Western (5) Grade A butter price. Grade A Department. The butter price means the Dry Buttermilk price, as reported by the butter price means the simple average simple average for the month of the Department. for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A (4) Cheddar cheese price. Cheddar Exchange Grade A butter price, as butter price as reported by the cheese price means the simple average reported by the Department. Department. for the month of the National Cheese (c) Determine the amounts by which Exchange 40-pound block Cheddar the gross value per hundredweight of PART 1049ÐMILK IN THE INDIANA cheese price, as reported by the milk used to manufacture butter-nonfat MARKETING AREA Department. dry milk and the gross value per 1. Section 1049.51 is revised to read (5) Grade A butter price. Grade A hundredweight of milk used to as follows: butter price means the simple average manufacture Cheddar cheese for the for the month of the Chicago Mercantile current month exceed or are less than § 1049.51 Basic formula price. Exchange Grade A butter price, as the respective gross values for the The basic formula price shall be the reported by the Department. preceding month. preceding month’s average pay price for (c) Determine the amounts by which (d) Compute weighting factors to be manufacturing grade milk in Minnesota the gross value per hundredweight of applied to the changes in gross values and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat determined pursuant to paragraph (c) of series, as reported by the Department, dry milk and the gross value per 7318 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules hundredweight of milk used to PART 1050ÐMILK IN THE CENTRAL Exchange 40-pound block Cheddar manufacture Cheddar cheese for the ILLINOIS MARKETING AREA cheese price, as reported by the current month exceed or are less than Department. the respective gross values for the 1. Section 1050.51 is revised to read (5) Grade A butter price. Grade A preceding month. as follows: butter price means the simple average for the month of the Chicago Mercantile (d) Compute weighting factors to be § 1050.51 Basic formula price. Exchange Grade A butter price, as The basic formula price shall be the applied to the changes in gross values reported by the Department. determined pursuant to paragraph (c) of preceding month’s average pay price for (c) Determine the amounts by which this section by determining the relative manufacturing grade milk in Minnesota the gross value per hundredweight of proportion that the data included in and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat each of the following paragraphs is of series, as reported by the Department, dry milk and the gross value per the total of the data represented in adjusted to a 3.5 percent butterfat basis hundredweight of milk used to paragraphs (d)(1) and (d)(2) of this using the butterfat differential for the manufacture Cheddar cheese for the section: preceding month computed pursuant to current month exceed or are less than § 1050.74 and rounded to the nearest (1) Combine the total nonfat dry milk the respective gross values for the cent, plus or minus the change in gross production for the States of Minnesota preceding month. value yielded by the butter-nonfat dry (d) Compute weighting factors to be and Wisconsin, as reported by the milk and Cheddar cheese product price Department, for the most recent applied to the changes in gross values formula computed pursuant to determined pursuant to paragraph (c) of preceding period, and divide by the paragraphs (a) through (e) of this annual yield factor for nonfat dry milk, this section by determining the relative section. proportion that the data included in 8.07, to determine the quantity (in (a) The gross values of per hundredweights) of milk used in the each of the following paragraphs is of hundredweight of milk used to the total of the data represented in production of butter-nonfat dry milk; manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this and Cheddar cheese shall be computed, section: (2) Combine the total American using price data determined pursuant to (1) Combine the total nonfat dry milk cheese production for the States of paragraph (b) of this section and annual production for the States of Minnesota Minnesota and Wisconsin, as reported yield factors, for the preceding month and Wisconsin, as reported by the by the Department, for the most recent and separately for the current month as Department, for the most recent preceding period, and divide by the follows: preceding period, and divide by the annual yield factor for Cheddar cheese, (1) The gross value of milk used to annual yield factor for nonfat dry milk, 9.87, to determine the quantity (in manufacture butter-nonfat dry milk 8.07, to determine the quantity (in hundredweights) of milk used in the shall be the sum of the following hundredweights) of milk used in the production of American cheese. computations: production of butter-nonfat dry milk; (i) Multiply the Grade AA butter price and (e) Compute a weighted average of the by 4.27; (2) Combine the total American changes in gross values per (ii) Multiply the nonfat dry milk price cheese production for the States of hundredweight of milk determined by 8.07; and Minnesota and Wisconsin, as reported pursuant to paragraph (c) of this section (iii) Multiply the dry buttermilk price by the Department, for the most recent in accordance with the relative by 0.42. preceding period, and divide by the proportions of milk determined (2) The gross value of milk used to annual yield factor for Cheddar cheese, pursuant to paragraph (d) of this manufacture Cheddar cheese shall be 9.87, to determine the quantity (in section. the sum of the following computations: hundredweights) of milk used in the 2. Section 1049.74 is revised to read (i) Multiply the Cheddar cheese price production of American cheese. as follows: by 9.87; and (e) Compute a weighted average of the (ii) Multiply the Grade A butter price changes in gross values per § 1049.74 Butterfat differential. by 0.238. hundredweight of milk determined (b) The following product prices shall For milk containing more or less than pursuant to paragraph (c) of this section be used pursuant to paragraph (a) of this in accordance with the relative 3.5 percent butterfat, the uniform price section: shall be increased or decreased, proportions of milk determined (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this respectively, for each one-tenth percent butter price means the simple average butterfat variation from 3.5 percent by a section. for the month of the Chicago Mercantile 2. Section 1050.74 is revised to read butterfat differential, rounded to the Exchange, Grade AA butter price, as as follows: nearest one-tenth cent, which shall be reported by the Department. 0.138 times the current month’s butter (2) Nonfat dry milk price. Nonfat dry § 1050.74 Butterfat differential. price less 0.0028 times the preceding milk price means the simple average for For milk containing more or less than month’s average pay price per the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price hundredweight, at test, for Milk Low/Medium Heat price, as shall be increased or decreased, manufacturing grade milk in Minnesota reported by the Department. respectively, for each one-tenth percent and Wisconsin, using the ‘‘base month’’ (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a series, adjusted pursuant to § 1049.51 (a) buttermilk price means the simple butterfat differential, rounded to the through (e), as reported by the average for the month of the Western nearest one-tenth cent, which shall be Department. The butter price means the Dry Buttermilk price, as reported by the 0.138 times the current month’s butter simple average for the month of the Department. price less 0.0028 times the preceding Chicago Mercantile Exchange, Grade A (4) Cheddar cheese price. Cheddar month’s average pay price per butter price as reported by the cheese price means the simple average hundredweight, at test, for Department. for the month of the National Cheese manufacturing grade milk in Minnesota Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7319 and Wisconsin, using the ‘‘base month’’ (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a series, adjusted pursuant to § 1050.51 (a) buttermilk price means the simple butterfat differential, rounded to the through (e), as reported by the average for the month of the Western nearest one-tenth cent, which shall be Department. The butter price means the Dry Buttermilk price, as reported by the 0.138 times the current month’s butter simple average for the month of the Department. price less 0.0028 times the preceding Chicago Mercantile Exchange, Grade A (4) Cheddar cheese price. Cheddar month’s average pay price per butter price as reported by the cheese price means the simple average hundredweight, at test, for Department. for the month of the National Cheese manufacturing grade milk in Minnesota Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ PART 1064ÐMILK IN THE GREATER cheese price, as reported by the series, adjusted pursuant to § 1064.51 (a) KANSAS CITY MARKETING AREA Department. through (e), as reported by the (5) Grade A butter price. Grade A 1. Section 1064.51 is revised to read Department. The butter price means the butter price means the simple average as follows: simple average for the month of the for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A § 1064.51 Basic formula price. Exchange Grade A butter price, as butter price as reported by the The basic formula price shall be the reported by the Department. Department. preceding month’s average pay price for (c) Determine the amounts by which manufacturing grade milk in Minnesota the gross value per hundredweight of PART 1065ÐMILK IN THE NEBRASKA- and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat WESTERN IOWA MARKETING AREA dry milk and the gross value per series, as reported by the Department, 1. Section 1065.51 is revised to read hundredweight of milk used to adjusted to a 3.5 percent butterfat basis as follows: using the butterfat differential for the manufacture Cheddar cheese for the preceding month computed pursuant to current month exceed or are less than § 1065.51 Basic formula price. § 1064.74 and rounded to the nearest the respective gross values for the The basic formula price shall be the cent, plus or minus the change in gross preceding month. preceding month’s average pay price for value yielded by the butter-nonfat dry (d) Compute weighting factors to be manufacturing grade milk in Minnesota milk and Cheddar cheese product price applied to the changes in gross values and Wisconsin using the ‘‘base month’’ formula computed pursuant to determined pursuant to paragraph (c) of series, as reported by the Department, paragraphs (a) through (e) of this this section by determining the relative adjusted to a 3.5 percent butterfat basis section. proportion that the data included in using the butterfat differential for the (a) The gross values of per each of the following paragraphs is of preceding month computed pursuant to hundredweight of milk used to the total of the data represented in § 1065.74 and rounded to the nearest manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this cent, plus or minus the change in gross Cheddar cheese shall be computed, section: value yielded by the butter-nonfat dry using price data determined pursuant to (1) Combine the total nonfat dry milk milk and Cheddar cheese product price paragraph (b) of this section and annual production for the States of Minnesota formula computed pursuant to yield factors, for the preceding month and Wisconsin, as reported by the paragraphs (a) through (e) of this and separately for the current month as Department, for the most recent section. follows: preceding period, and divide by the (a) The gross values of per (1) The gross value of milk used to annual yield factor for nonfat dry milk, hundredweight of milk used to manufacture butter-nonfat dry milk 8.07, to determine the quantity (in manufacture butter-nonfat dry milk and shall be the sum of the following hundredweights) of milk used in the Cheddar cheese shall be computed, computations: production of butter-nonfat dry milk; using price data determined pursuant to (i) Multiply the Grade AA butter price and paragraph (b) of this section and annual by 4.27; (2) Combine the total American yield factors, for the preceding month (ii) Multiply the nonfat dry milk price cheese production for the States of and separately for the current month as by 8.07; and Minnesota and Wisconsin, as reported follows: (iii) Multiply the dry buttermilk price by the Department, for the most recent (1) The gross value of milk used to by 0.42. preceding period, and divide by the manufacture butter-nonfat dry milk (2) The gross value of milk used to annual yield factor for Cheddar cheese, shall be the sum of the following manufacture Cheddar cheese shall be 9.87, to determine the quantity (in computations: the sum of the following computations: hundredweights) of milk used in the (i) Multiply the Grade AA butter price (i) Multiply the Cheddar cheese price production of American cheese. by 4.27; by 9.87; and (e) Compute a weighted average of the (ii) Multiply the nonfat dry milk price (ii) Multiply the Grade A butter price changes in gross values per by 8.07; and by 0.238. hundredweight of milk determined (iii) Multiply the dry buttermilk price (b) The following product prices shall pursuant to paragraph (c) of this section by 0.42. be used pursuant to paragraph (a) of this in accordance with the relative (2) The gross value of milk used to section: proportions of milk determined manufacture Cheddar cheese shall be (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this the sum of the following computations: butter price means the simple average section. (i) Multiply the Cheddar cheese price for the month of the Chicago Mercantile 2. Section 1064.74 is revised to read by 9.87; and Exchange, Grade AA butter price, as as follows: (ii) Multiply the Grade A butter price reported by the Department. by 0.238. (2) Nonfat dry milk price. Nonfat dry § 1064.74 Butterfat differential. (b) The following product prices shall milk price means the simple average for For milk containing more or less than be used pursuant to paragraph (a) of this the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price section: Milk Low/Medium Heat price, as shall be increased or decreased, (1) Grade AA butter price. Grade AA reported by the Department. respectively, for each one-tenth percent butter price means the simple average 7320 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules for the month of the Chicago Mercantile 2. Section 1065.74 is revised to read (i) Multiply the Cheddar cheese price Exchange, Grade AA butter price, as as follows: by 9.87; and reported by the Department. (ii) Multiply the Grade A butter price (2) Nonfat dry milk price. Nonfat dry § 1065.74 Butterfat differential. by 0.238. milk price means the simple average for For milk containing more or less than (b) The following product prices shall the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price be used pursuant to paragraph (a) of this Milk Low/Medium Heat price, as shall be increased or decreased, section: reported by the Department. respectively, for each one-tenth percent (1) Grade AA butter price. Grade AA (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a butter price means the simple average buttermilk price means the simple butterfat differential, rounded to the for the month of the Chicago Mercantile average for the month of the Western nearest one-tenth cent, which shall be Exchange, Grade AA butter price, as Dry Buttermilk price, as reported by the 0.138 times the current month’s butter reported by the Department. Department. price less 0.0028 times the preceding (2) Nonfat dry milk price. Nonfat dry (4) Cheddar cheese price. Cheddar month’s average pay price per milk price means the simple average for cheese price means the simple average hundredweight, at test, for the month of the Western Nonfat Dry for the month of the National Cheese manufacturing grade milk in Minnesota Milk Low/Medium Heat price, as Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ reported by the Department. cheese price, as reported by the series, adjusted pursuant to § 1065.51 (a) (3) Dry buttermilk price. Dry Department. through (e), as reported by the buttermilk price means the simple (5) Grade A butter price. Grade A Department. The butter price means the average for the month of the Western butter price means the simple average simple average for the month of the Dry Buttermilk price, as reported by the for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A Department. Exchange Grade A butter price, as butter price as reported by the (4) Cheddar cheese price. Cheddar reported by the Department. Department. (c) Determine the amounts by which cheese price means the simple average for the month of the National Cheese the gross value per hundredweight of PART 1068ÐMILK IN THE UPPER Exchange 40-pound block Cheddar milk used to manufacture butter-nonfat MIDWEST MARKETING AREA dry milk and the gross value per cheese price, as reported by the hundredweight of milk used to 1. Section 1068.51 is revised to read Department. manufacture Cheddar cheese for the as follows: (5) Grade A butter price. Grade A butter price means the simple average current month exceed or are less than § 1068.51 Basic formula price. the respective gross values for the for the month of the Chicago Mercantile preceding month. The basic formula price shall be the Exchange Grade A butter price, as (d) Compute weighting factors to be preceding month’s average pay price for reported by the Department. applied to the changes in gross values manufacturing grade milk in Minnesota (c) Determine the amounts by which determined pursuant to paragraph (c) of and Wisconsin using the ‘‘base month’’ the gross value per hundredweight of this section by determining the relative series, as reported by the Department, milk used to manufacture butter-nonfat proportion that the data included in adjusted to a 3.5 percent butterfat basis dry milk and the gross value per each of the following paragraphs is of using the butterfat differential for the hundredweight of milk used to the total of the data represented in preceding month computed pursuant to manufacture Cheddar cheese for the paragraphs (d)(1) and (d)(2) of this § 1068.74 and rounded to the nearest current month exceed or are less than section: cent, plus or minus the change in gross the respective gross values for the (1) Combine the total nonfat dry milk value yielded by the butter-nonfat dry preceding month. production for the States of Minnesota milk and Cheddar cheese product price (d) Compute weighting factors to be and Wisconsin, as reported by the formula computed pursuant to applied to the changes in gross values Department, for the most recent paragraphs (a) through (e) of this determined pursuant to paragraph (c) of preceding period, and divide by the section. this section by determining the relative annual yield factor for nonfat dry milk, (a) The gross values of per proportion that the data included in 8.07, to determine the quantity (in hundredweight of milk used to each of the following paragraphs is of hundredweights) of milk used in the manufacture butter-nonfat dry milk and the total of the data represented in production of butter-nonfat dry milk; Cheddar cheese shall be computed, paragraphs (d)(1) and (d)(2) of this and using price data determined pursuant to section: (2) Combine the total American paragraph (b) of this section and annual (1) Combine the total nonfat dry milk cheese production for the States of yield factors, for the preceding month production for the States of Minnesota Minnesota and Wisconsin, as reported and separately for the current month as and Wisconsin, as reported by the by the Department, for the most recent follows: Department, for the most recent preceding period, and divide by the (1) The gross value of milk used to preceding period, and divide by the annual yield factor for Cheddar cheese, manufacture butter-nonfat dry milk annual yield factor for nonfat dry milk, 9.87, to determine the quantity (in shall be the sum of the following 8.07, to determine the quantity (in hundredweights) of milk used in the computations: hundredweights) of milk used in the production of American cheese. (i) Multiply the Grade AA butter price production of butter-nonfat dry milk; (e) Compute a weighted average of the by 4.27; and changes in gross values per (ii) Multiply the nonfat dry milk price (2) Combine the total American hundredweight of milk determined by 8.07; and cheese production for the States of pursuant to paragraph (c) of this section (iii) Multiply the dry buttermilk price Minnesota and Wisconsin, as reported in accordance with the relative by 0.42. by the Department, for the most recent proportions of milk determined (2) The gross value of milk used to preceding period, and divide by the pursuant to paragraph (d) of this manufacture Cheddar cheese shall be annual yield factor for Cheddar cheese, section. the sum of the following computations: 9.87, to determine the quantity (in Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7321 hundredweights) of milk used in the using price data determined pursuant to (1) Combine the total nonfat dry milk production of American cheese. paragraph (b) of this section and annual production for the States of Minnesota (e) Compute a weighted average of the yield factors, for the preceding month and Wisconsin, as reported by the changes in gross values per and separately for the current month as Department, for the most recent hundredweight of milk determined follows: preceding period, and divide by the pursuant to paragraph (c) of this section (1) The gross value of milk used to annual yield factor for nonfat dry milk, in accordance with the relative manufacture butter-nonfat dry milk 8.07, to determine the quantity (in proportions of milk determined shall be the sum of the following hundredweights) of milk used in the pursuant to paragraph (d) of this computations: production of butter-nonfat dry milk; section. (i) Multiply the Grade AA butter price and 2. Section 1068.74 is revised to read by 4.27; (2) Combine the total American as follows: (ii) Multiply the nonfat dry milk price cheese production for the States of by 8.07; and Minnesota and Wisconsin, as reported § 1068.74 Butterfat differential. (iii) Multiply the dry buttermilk price by the Department, for the most recent For milk containing more or less than by 0.42. preceding period, and divide by the 3.5 percent butterfat, the uniform price (2) The gross value of milk used to annual yield factor for Cheddar cheese, shall be increased or decreased, manufacture Cheddar cheese shall be 9.87, to determine the quantity (in respectively, for each one-tenth percent the sum of the following computations: hundredweights) of milk used in the butterfat variation from 3.5 percent by a (i) Multiply the Cheddar cheese price production of American cheese. butterfat differential, rounded to the by 9.87; and (e) Compute a weighted average of the nearest one-tenth cent, which shall be (ii) Multiply the Grade A butter price changes in gross values per 0.138 times the current month’s butter by 0.238. hundredweight of milk determined price less 0.0028 times the preceding (b) The following product prices shall pursuant to paragraph (c) of this section month’s average pay price per be used pursuant to paragraph (a) of this in accordance with the relative hundredweight, at test, for section: proportions of milk determined manufacturing grade milk in Minnesota (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this and Wisconsin, using the ‘‘base month’’ butter price means the simple average section. series, adjusted pursuant to § 1068.51 (a) for the month of the Chicago Mercantile 3. Section 1075.74 is revised to read through (e), as reported by the Exchange, Grade AA butter price, as as follows: Department. The butter price means the reported by the Department. § 1075.74 Butterfat differential. simple average for the month of the (2) Nonfat dry milk price. Nonfat dry Chicago Mercantile Exchange, Grade A milk price means the simple average for The uniform price shall be increased butter price as reported by the the month of the Western Nonfat Dry or decreased, respectively, for each one- Department. Milk Low/Medium Heat price, as tenth percent butterfat variation from reported by the Department. 3.5 percent by a butterfat differential, PART 1075ÐMILK IN THE BLACK (3) Dry buttermilk price. Dry rounded to the nearest one-tenth cent, HILLS, SOUTH DAKOTA MARKETING buttermilk price means the simple which shall be 0.138 times the current AREA average for the month of the Western month’s butter price less 0.0028 times Dry Buttermilk price, as reported by the the preceding month’s average pay price 1. Section 1075.50 is amended by Department. per hundredweight, at test, for revising paragraph (c) to read as follows: (4) Cheddar cheese price. Cheddar manufacturing grade milk in Minnesota § 1075.50 Class prices. cheese price means the simple average and Wisconsin, using the ‘‘base month’’ series, adjusted pursuant to § 1075.51 (a) * * * * * for the month of the National Cheese (c) Class III price. The Class III price Exchange 40-pound block Cheddar through (e), as reported by the shall be the basic formula price for the cheese price, as reported by the Department. The butter price means the month. Department. simple average for the month of the 2. Section 1075.51 is revised to read (5) Grade A butter price. Grade A Chicago Mercantile Exchange, Grade A as follows: butter price means the simple average butter price as reported by the for the month of the Chicago Mercantile Department. § 1075.51 Basic formula price. Exchange Grade A butter price, as The basic formula price shall be the reported by the Department. PART 1076ÐMILK IN THE EASTERN preceding month’s average pay price for (c) Determine the amounts by which SOUTH DAKOTA MARKETING AREA manufacturing grade milk in Minnesota the gross value per hundredweight of 1. Section 1076.51 is revised to read and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat as follows: series, as reported by the Department, dry milk and the gross value per adjusted to a 3.5 percent butterfat basis hundredweight of milk used to § 1076.51 Basic formula price. using the butterfat differential for the manufacture Cheddar cheese for the The basic formula price shall be the preceding month computed pursuant to current month exceed or are less than preceding month’s average pay price for § 1075.74 and rounded to the nearest the respective gross values for the manufacturing grade milk in Minnesota cent, plus or minus the change in gross preceding month. and Wisconsin using the ‘‘base month’’ value yielded by the butter-nonfat dry (d) Compute weighting factors to be series, as reported by the Department, milk and Cheddar cheese product price applied to the changes in gross values adjusted to a 3.5 percent butterfat basis formula computed pursuant to determined pursuant to paragraph (c) of using the butterfat differential for the paragraphs (a) through (e) of this this section by determining the relative preceding month computed pursuant to section. proportion that the data included in § 1076.74 and rounded to the nearest (a) The gross values of per each of the following paragraphs is of cent, plus or minus the change in gross hundredweight of milk used to the total of the data represented in value yielded by the butter-nonfat dry manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this milk and Cheddar cheese product price Cheddar cheese shall be computed, section: formula computed pursuant to 7322 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules paragraphs (a) through (e) of this this section by determining the relative manufacturing grade milk in Minnesota section. proportion that the data included in and Wisconsin using the ‘‘base month’’ (a) The gross values of per each of the following paragraphs is of series, as reported by the Department, hundredweight of milk used to the total of the data represented in adjusted to a 3.5 percent butterfat basis manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this using the butterfat differential for the Cheddar cheese shall be computed, section: preceding month computed pursuant to using price data determined pursuant to (1) Combine the total nonfat dry milk § 1079.74 and rounded to the nearest paragraph (b) of this section and annual production for the States of Minnesota cent, plus or minus the change in gross yield factors, for the preceding month and Wisconsin, as reported by the value yielded by the butter-nonfat dry and separately for the current month as Department, for the most recent milk and Cheddar cheese product price follows: preceding period, and divide by the formula computed pursuant to (1) The gross value of milk used to annual yield factor for nonfat dry milk, paragraphs (a) through (e) of this manufacture butter-nonfat dry milk 8.07, to determine the quantity (in section. shall be the sum of the following hundredweights) of milk used in the (a) The gross values of per computations: production of butter-nonfat dry milk; hundredweight of milk used to (i) Multiply the Grade AA butter price and manufacture butter-nonfat dry milk and by 4.27; (2) Combine the total American Cheddar cheese shall be computed, (ii) Multiply the nonfat dry milk price cheese production for the States of using price data determined pursuant to by 8.07; and Minnesota and Wisconsin, as reported paragraph (b) of this section and annual (iii) Multiply the dry buttermilk price by the Department, for the most recent yield factors, for the preceding month by 0.42. preceding period, and divide by the and separately for the current month as (2) The gross value of milk used to annual yield factor for Cheddar cheese, follows: manufacture Cheddar cheese shall be 9.87, to determine the quantity (in (1) The gross value of milk used to the sum of the following computations: hundredweights) of milk used in the manufacture butter-nonfat dry milk (i) Multiply the Cheddar cheese price production of American cheese. shall be the sum of the following (e) Compute a weighted average of the by 9.87; and computations: (ii) Multiply the Grade A butter price changes in gross values per (i) Multiply the Grade AA butter price by 0.238. hundredweight of milk determined by 4.27; (b) The following product prices shall pursuant to paragraph (c) of this section (ii) Multiply the nonfat dry milk price be used pursuant to paragraph (a) of this in accordance with the relative by 8.07; and section: proportions of milk determined (iii) Multiply the dry buttermilk price (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this by 0.42. butter price means the simple average section. for the month of the Chicago Mercantile 2. Section 1076.74 is revised to read (2) The gross value of milk used to Exchange, Grade AA butter price, as as follows: manufacture Cheddar cheese shall be reported by the Department. the sum of the following computations: (2) Nonfat dry milk price. Nonfat dry § 1076.74 Butterfat differential. (i) Multiply the Cheddar cheese price milk price means the simple average for For milk containing more or less than by 9.87; and the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price (ii) Multiply the Grade A butter price Milk Low/Medium Heat price, as shall be increased or decreased, by 0.238. reported by the Department. respectively, for each one-tenth percent (b) The following product prices shall (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a be used pursuant to paragraph (a) of this buttermilk price means the simple butterfat differential, rounded to the section: average for the month of the Western nearest one-tenth cent, which shall be (1) Grade AA butter price. Grade AA Dry Buttermilk price, as reported by the 0.138 times the current month’s butter butter price means the simple average Department. price less 0.0028 times the preceding for the month of the Chicago Mercantile (4) Cheddar cheese price. Cheddar month’s average pay price per Exchange, Grade AA butter price, as cheese price means the simple average hundredweight, at test, for reported by the Department. for the month of the National Cheese manufacturing grade milk in Minnesota (2) Nonfat dry milk price. Nonfat dry Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ milk price means the simple average for cheese price, as reported by the series, adjusted pursuant to § 1076.51 (a) the month of the Western Nonfat Dry Department. through (e), as reported by the Milk Low/Medium Heat price, as (5) Grade A butter price. Grade A Department. the basic formula price for reported by the Department. butter price means the simple average the month computed pursuant to (3) Dry buttermilk price. Dry for the month of the Chicago Mercantile § 1076.51, as reported by the Buttermilk price means the simple Exchange Grade A butter price, as Department. The butter price means the average for the month of the Western reported by the Department. simple average for the month of the Dry Buttermilk price, as reported by the (c) Determine the amounts by which Chicago Mercantile Exchange, Grade A Department. the gross value per hundredweight of butter price as reported by the (4) Cheddar cheese price. Cheddar milk used to manufacture butter-nonfat Department. cheese price means the simple average dry milk and the gross value per for the month of the National Cheese hundredweight of milk used to PART 1079ÐMILK IN THE IOWA Exchange 40-pound block Cheddar manufacture Cheddar cheese for the MARKETING AREA cheese price, as reported by the current month exceed or are less than 1. Section 1079.51 is revised to read Department. the respective gross values for the as follows: (5) Grade A butter price. Grade A preceding month. butter price means the simple average (d) Compute weighting factors to be § 1079.51 Basic formula price. for the month of the Chicago Mercantile applied to the changes in gross values The basic formula price shall be the Exchange Grade A butter price, as determined pursuant to paragraph (c) of preceding month’s average pay price for reported by the Department. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7323 (c) Determine the amounts by which PART 1093ÐMILK IN THE ALABAMA- Exchange 40-pound block Cheddar the gross value per hundredweight of WEST FLORIDA MARKETING AREA cheese price, as reported by the milk used to manufacture butter-nonfat Department. dry milk and the gross value per 1. Section 1093.51 is revised to read (5) Grade A butter price. Grade A hundredweight of milk used to as follows: butter price means the simple average manufacture Cheddar cheese for the § 1093.51 Basic formula price. for the month of the Chicago Mercantile current month exceed or are less than Exchange Grade A butter price, as The basic formula price shall be the the respective gross values for the reported by the Department. preceding month’s average pay price for preceding month. (c) Determine the amounts by which (d) Compute weighting factors to be manufacturing grade milk in Minnesota the gross value per hundredweight of applied to the changes in gross values and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat determined pursuant to paragraph (c) of series, as reported by the Department, dry milk and the gross value per this section by determining the relative adjusted to a 3.5 percent butterfat basis hundredweight of milk used to proportion that the data included in using the butterfat differential for the manufacture Cheddar cheese for the each of the following paragraphs is of preceding month computed pursuant to current month exceed or are less than the total of the data represented in § 1093.74 and rounded to the nearest the respective gross values for the paragraphs (d)(1) and (d)(2) of this cent, plus or minus the change in gross preceding month. section: value yielded by the butter-nonfat dry (d) Compute weighting factors to be (1) Combine the total nonfat dry milk milk and Cheddar cheese product price applied to the changes in gross values production for the States of Minnesota formula computed pursuant to determined pursuant to paragraph (c) of and Wisconsin, as reported by the paragraphs (a) through (e) of this this section by determining the relative Department, for the most recent section. proportion that the data included in preceding period, and divide by the (a) The gross values of per each of the following paragraphs is of annual yield factor for nonfat dry milk, hundredweight of milk used to the total of the data represented in 8.07, to determine the quantity (in manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this hundredweights) of milk used in the Cheddar cheese shall be computed, section: production of butter-nonfat dry milk; using price data determined pursuant to (1) Combine the total nonfat dry milk and paragraph (b) of this section and annual production for the States of Minnesota (2) Combine the total American yield factors, for the preceding month and Wisconsin, as reported by the cheese production for the States of and separately for the current month as Department, for the most recent Minnesota and Wisconsin, as reported follows: preceding period, and divide by the by the Department, for the most recent (1) The gross value of milk used to annual yield factor for nonfat dry milk, preceding period, and divide by the manufacture butter-nonfat dry milk 8.07, to determine the quantity (in annual yield factor for Cheddar cheese, shall be the sum of the following hundredweights) of milk used in the 9.87, to determine the quantity (in computations: production of butter-nonfat dry milk; hundredweights) of milk used in the (i) Multiply the Grade AA butter price and production of American cheese. by 4.27; (2) Combine the total American (e) Compute a weighted average of the (ii) Multiply the nonfat dry milk price cheese production for the States of changes in gross values per by 8.07; and Minnesota and Wisconsin, as reported hundredweight of milk determined (iii) Multiply the dry buttermilk price by the Department, for the most recent pursuant to paragraph (c) of this section by 0.42. preceding period, and divide by the in accordance with the relative (2) The gross value of milk used to annual yield factor for Cheddar cheese, proportions of milk determined manufacture Cheddar cheese shall be 9.87, to determine the quantity (in pursuant to paragraph (d) of this the sum of the following computations: hundredweights) of milk used in the section. (i) Multiply the Cheddar cheese price production of American cheese. 2. Section 1079.74 is revised to read by 9.87; and (e) Compute a weighted average of the as follows: (ii) Multiply the Grade A butter price changes in gross values per by 0.238. hundredweight of milk determined § 1079.74 Butterfat differential. (b) The following product prices shall pursuant to paragraph (c) of this section For milk containing more or less than be used pursuant to paragraph (a) of this in accordance with the relative 3.5 percent butterfat, the uniform price section: proportions of milk determined shall be increased or decreased, (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this respectively, for each one-tenth percent butter price means the simple average section. butterfat variation from 3.5 percent by a for the month of the Chicago Mercantile 2. Section 1093.74 is revised to read butterfat differential, rounded to the Exchange, Grade AA butter price, as as follows: nearest one-tenth cent, which shall be reported by the Department. 0.138 times the current month’s butter (2) Nonfat dry milk price. Nonfat dry § 1093.74 Butterfat differential. price less 0.0028 times the preceding milk price means the simple average for For milk containing more or less than month’s average pay price per the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price hundredweight, at test, for Milk Low/Medium Heat price, as shall be increased or decreased, manufacturing grade milk in Minnesota reported by the Department. respectively, for each one-tenth percent and Wisconsin, using the ‘‘base month’’ (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a series, adjusted pursuant to § 1079.51 (a) buttermilk price means the simple butterfat differential, rounded to the through (e), as reported by the average for the month of the Western nearest one-tenth cent, which shall be Department. The butter price means the Dry Buttermilk price, as reported by the 0.138 times the current month’s butter simple average for the month of the Department. price less 0.0028 times the preceding Chicago Mercantile Exchange, Grade A (4) Cheddar cheese price. Cheddar month’s average pay price per butter price as reported by the cheese price means the simple average hundredweight, at test, for Department. for the month of the National Cheese manufacturing grade milk in Minnesota 7324 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules and Wisconsin, using the ‘‘base month’’ Milk Low/Medium Heat price, as shall be increased or decreased, series, adjusted pursuant to § 1093.51 (a) reported by the Department. respectively, for each one-tenth percent through (e), as reported by the (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a Department. The butter price means the buttermilk price means the simple butterfat differential, rounded to the simple average for the month of the average for the month of the Western nearest one-tenth cent, which shall be Chicago Mercantile Exchange, Grade A Dry Buttermilk price, as reported by the 0.138 times the current month’s butter butter price as reported by the Department. price less 0.0028 times the preceding Department. (4) Cheddar cheese price. Cheddar month’s average pay price per cheese price means the simple average hundredweight, at test, for PART 1094ÐMILK IN THE NEW for the month of the National Cheese manufacturing grade milk in Minnesota ORLEANS-MISSISSIPPI MARKETING Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ AREA cheese price, as reported by the series, adjusted pursuant to § 1094.51 (a) Department. through (e), as reported by the 1. Section 1094.51 is revised to read (5) Grade A butter price. Grade A Department. The butter price means the as follows: butter price means the simple average simple average for the month of the § 1094.51 Basic formula price. for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A The basic formula price shall be the Exchange Grade A butter price, as butter price as reported by the preceding month’s average pay price for reported by the Department. Department. manufacturing grade milk in Minnesota (c) Determine the amounts by which PART 1096ÐMILK IN THE GREATER and Wisconsin using the ‘‘base month’’ the gross value per hundredweight of LOUISIANA MARKETING AREA series, as reported by the Department, milk used to manufacture butter-nonfat dry milk and the gross value per adjusted to a 3.5 percent butterfat basis 1. Section 1096.51 is revised to read hundredweight of milk used to using the butterfat differential for the as follows: preceding month computed pursuant to manufacture Cheddar cheese for the § 1094.74 and rounded to the nearest current month exceed or are less than § 1096.51 Basic formula price. cent, plus or minus the change in gross the respective gross values for the The basic formula price shall be the value yielded by the butter-nonfat dry preceding month. preceding month’s average pay price for (d) Compute weighting factors to be milk and Cheddar cheese product price manufacturing grade milk in Minnesota applied to the changes in gross values formula computed pursuant to and Wisconsin using the ‘‘base month’’ determined pursuant to paragraph (c) of paragraphs (a) through (e) of this series, as reported by the Department, this section by determining the relative section. adjusted to a 3.5 percent butterfat basis proportion that the data included in (a) The gross values of per using the butterfat differential for the each of the following paragraphs is of hundredweight of milk used to preceding month computed pursuant to the total of the data represented in manufacture butter-nonfat dry milk and § 1096.74 and rounded to the nearest paragraphs (d)(1) and (d)(2) of this Cheddar cheese shall be computed, cent, plus or minus the change in gross section: value yielded by the butter-nonfat dry using price data determined pursuant to (1) Combine the total nonfat dry milk paragraph (b) of this section and annual milk and Cheddar cheese product price production for the States of Minnesota formula computed pursuant to yield factors, for the preceding month and Wisconsin, as reported by the and separately for the current month as paragraphs (a) through (e) of this Department, for the most recent section. follows: preceding period, and divide by the (1) The gross value of milk used to (a) The gross values of per annual yield factor for nonfat dry milk, hundredweight of milk used to manufacture butter-nonfat dry milk 8.07, to determine the quantity (in shall be the sum of the following manufacture butter-nonfat dry milk and hundredweights) of milk used in the Cheddar cheese shall be computed, computations: production of butter-nonfat dry milk; (i) Multiply the Grade AA butter price using price data determined pursuant to and paragraph (b) of this section and annual by 4.27; (2) Combine the total American (ii) Multiply the nonfat dry milk price yield factors, for the preceding month cheese production for the States of and separately for the current month as by 8.07; and Minnesota and Wisconsin, as reported (iii) Multiply the dry buttermilk price follows: by the Department, for the most recent (1) The gross value of milk used to by 0.42. preceding period, and divide by the (2) The gross value of milk used to manufacture butter-nonfat dry milk annual yield factor for Cheddar cheese, shall be the sum of the following manufacture Cheddar cheese shall be 9.87, to determine the quantity (in the sum of the following computations: computations: hundredweights) of milk used in the (i) Multiply the Grade AA butter price (i) Multiply the Cheddar cheese price production of American cheese. by 4.27; by 9.87; and (e) Compute a weighted average of the (ii) Multiply the nonfat dry milk price (ii) Multiply the Grade A butter price changes in gross values per by 8.07; and by 0.238. hundredweight of milk determined (iii) Multiply the dry buttermilk price (b) The following product prices shall pursuant to paragraph (c) of this section by 0.42. be used pursuant to paragraph (a) of this in accordance with the relative (2) The gross value of milk used to section: proportions of milk determined manufacture Cheddar cheese shall be (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this the sum of the following computations: butter price means the simple average section. (i) Multiply the Cheddar cheese price for the month of the Chicago Mercantile 2. Section 1094.74 is revised to read by 9.87; and Exchange, Grade AA butter price, as as follows: (ii) Multiply the Grade A butter price reported by the Department. by 0.238. (2) Nonfat dry milk price. Nonfat dry § 1094.74 Butterfat differential. (b) The following product prices shall milk price means the simple average for For milk containing more or less than be used pursuant to paragraph (a) of this the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price section: Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7325 (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this (2) The gross value of milk used to butter price means the simple average section. manufacture Cheddar cheese shall be for the month of the Chicago Mercantile 2. Section 1094.74 is revised to read the sum of the following computations: Exchange, Grade AA butter price, as as follows: (i) Multiply the Cheddar cheese price reported by the Department. by 9.87; and (2) Nonfat dry milk price. Nonfat dry § 1096.74 Butterfat differential. (ii) Multiply the Grade A butter price milk price means the simple average for For milk containing more or less than by 0.238. the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price (b) The following product prices shall Milk Low/Medium Heat price, as shall be increased or decreased, be used pursuant to paragraph (a) of this reported by the Department. respectively, for each one-tenth percent section: (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a (1) Grade AA butter price. Grade AA buttermilk price means the simple butterfat differential, rounded to the butter price means the simple average average for the month of the Western nearest one-tenth cent, which shall be for the month of the Chicago Mercantile Dry Buttermilk price, as reported by the 0.138 times the current month’s butter Exchange, Grade AA butter price, as Department. price less 0.0028 times the preceding reported by the Department. (4) Cheddar cheese price. Cheddar month’s average pay price per (2) Nonfat dry milk price. Nonfat dry cheese price means the simple average hundredweight, at test, for milk price means the simple average for for the month of the National Cheese manufacturing grade milk in Minnesota the month of the Western Nonfat Dry Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ Milk Low/Medium Heat price, as cheese price, as reported by the series, adjusted pursuant to § 1096.51 (a) reported by the Department. (3) Dry buttermilk price. Dry Department. through (e), as reported by the (5) Grade A butter price. Grade A buttermilk price means the simple Department. The butter price means the butter price means the simple average average for the month of the Western simple average for the month of the for the month of the Chicago Mercantile Dry Buttermilk price, as reported by the Chicago Mercantile Exchange, Grade A Exchange Grade A butter price, as Department. butter price as reported by the reported by the Department. (4) Cheddar cheese price. Cheddar (c) Determine the amounts by which Department. cheese price means the simple average the gross value per hundredweight of PART 1099ÐMILK IN THE PADUCAH, for the month of the National Cheese milk used to manufacture butter-nonfat KENTUCKY MARKETING AREA Exchange 40-pound block Cheddar dry milk and the gross value per cheese price, as reported by the hundredweight of milk used to 1. Section 1099.51 is revised to read Department. manufacture Cheddar cheese for the as follows: (5) Grade A butter price. Grade A current month exceed or are less than butter price means the simple average the respective gross values for the § 1099.51 Basic formula price. for the month of the Chicago Mercantile preceding month. The basic formula price shall be the Exchange Grade A butter price, as (d) Compute weighting factors to be preceding month’s average pay price for reported by the Department. applied to the changes in gross values manufacturing grade milk in Minnesota (c) Determine the amounts by which determined pursuant to paragraph (c) of and Wisconsin using the ‘‘base month’’ the gross value per hundredweight of this section by determining the relative series, as reported by the Department, milk used to manufacture butter-nonfat proportion that the data included in adjusted to a 3.5 percent butterfat basis dry milk and the gross value per each of the following paragraphs is of using the butterfat differential for the hundredweight of milk used to the total of the data represented in preceding month computed pursuant to manufacture Cheddar cheese for the paragraphs (d)(1) and (d)(2) of this § 1096.74 and rounded to the nearest current month exceed or are less than section: cent, plus or minus the change in gross the respective gross values for the (1) Combine the total nonfat dry milk value yielded by the butter-nonfat dry preceding month. production for the States of Minnesota milk and Cheddar cheese product price (d) Compute weighting factors to be and Wisconsin, as reported by the formula computed pursuant to applied to the changes in gross values Department, for the most recent paragraphs (a) through (e) of this determined pursuant to paragraph (c) of preceding period, and divide by the section. this section by determining the relative annual yield factor for nonfat dry milk, (a) The gross values of per proportion that the data included in 8.07, to determine the quantity (in hundredweight of milk used to each of the following paragraphs is of hundredweights) of milk used in the manufacture butter-nonfat dry milk and the total of the data represented in production of butter-nonfat dry milk; Cheddar cheese shall be computed, paragraphs (d)(1) and (d)(2) of this and using price data determined pursuant to section: (2) Combine the total American paragraph (b) of this section and annual (1) Combine the total nonfat dry milk cheese production for the States of yield factors, for the preceding month production for the States of Minnesota Minnesota and Wisconsin, as reported and separately for the current month as and Wisconsin, as reported by the by the Department, for the most recent follows: Department, for the most recent preceding period, and divide by the preceding period, and divide by the (1) The gross value of milk used to annual yield factor for Cheddar cheese, annual yield factor for nonfat dry milk, manufacture butter-nonfat dry milk 9.87, to determine the quantity (in 8.07, to determine the quantity (in shall be the sum of the following hundredweights) of milk used in the hundredweights) of milk used in the computations: production of American cheese. production of butter-nonfat dry milk; (e) Compute a weighted average of the (i) Multiply the Grade AA butter price and changes in gross values per by 4.27; (2) Combine the total American hundredweight of milk determined (ii) Multiply the nonfat dry milk price cheese production for the States of pursuant to paragraph (c) of this section by 8.07; and Minnesota and Wisconsin, as reported in accordance with the relative (iii) Multiply the dry buttermilk price by the Department, for the most recent proportions of milk determined by 0.42. preceding period, and divide by the 7326 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules annual yield factor for Cheddar cheese, (1) The gross value of milk used to annual yield factor for nonfat dry milk, 9.87, to determine the quantity (in manufacture butter-nonfat dry milk 8.07, to determine the quantity (in hundredweights) of milk used in the shall be the sum of the following hundredweights) of milk used in the production of American cheese. computations: production of butter-nonfat dry milk; (e) Compute a weighted average of the (i) Multiply the Grade AA butter price and changes in gross values per by 4.27; (2) Combine the total American hundredweight of milk determined (ii) Multiply the nonfat dry milk price cheese production for the States of pursuant to paragraph (c) of this section by 8.07; and Minnesota and Wisconsin, as reported in accordance with the relative (iii) Multiply the dry buttermilk price by the Department, for the most recent proportions of milk determined by 0.42. preceding period, and divide by the pursuant to paragraph (d) of this (2) The gross value of milk used to annual yield factor for Cheddar cheese, section. manufacture Cheddar cheese shall be 9.87, to determine the quantity (in 2. Section 1099.74 is revised to read the sum of the following computations: hundredweights) of milk used in the as follows: (i) Multiply the Cheddar cheese price production of American cheese. by 9.87; and (e) Compute a weighted average of the § 1099.74 Butterfat differential. (ii) Multiply the Grade A butter price changes in gross values per For milk containing more or less than by 0.238. hundredweight of milk determined (b) The following product prices shall 3.5 percent butterfat, the uniform price pursuant to paragraph (c) of this section be used pursuant to paragraph (a) of this shall be increased or decreased, in accordance with the relative section: respectively, for each one-tenth percent proportions of milk determined (1) Grade AA butter price. Grade AA butterfat variation from 3.5 percent by a pursuant to paragraph (d) of this butter price means the simple average butterfat differential, rounded to the section. nearest one-tenth cent, which shall be for the month of the Chicago Mercantile Exchange, Grade AA butter price, as 2. Section 1106.74 is revised to read 0.138 times the current month’s butter as follows: price less 0.0028 times the preceding reported by the Department. month’s average pay price per (2) Nonfat dry milk price. Nonfat dry § 1106.74 Butterfat differential. hundredweight, at test, for milk price means the simple average for For milk containing more or less than manufacturing grade milk in Minnesota the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price and Wisconsin, using the ‘‘base month’’ Milk Low/Medium Heat price, as shall be increased or decreased, series, adjusted pursuant to § 1099.51(a) reported by the Department. respectively, for each one-tenth percent (3) Dry buttermilk price. Dry through (e), as reported by the butterfat variation from 3.5 percent by a buttermilk price means the simple Department. The butter price means the butterfat differential, rounded to the average for the month of the Western simple average for the month of the nearest one-tenth cent, which shall be Dry Buttermilk price, as reported by the Chicago Mercantile Exchange, Grade A 0.138 times the current month’s butter Department. butter price as reported by the price less 0.0028 times the preceding (4) Cheddar cheese price. Cheddar Department. month’s average pay price per cheese price means the simple average hundredweight, at test, for for the month of the National Cheese PART 1106ÐMILK IN THE manufacturing grade milk in Minnesota Exchange 40-pound block Cheddar SOUTHWEST PLAINS MARKETING and Wisconsin, using the ‘‘base month’’ cheese price, as reported by the AREA series, adjusted pursuant to § 1106.51 (a) Department. 1. Section 1106.51 is revised to read (5) Grade A butter price. Grade A through (e), as reported by the as follows: butter price means the simple average Department. The butter price means the for the month of the Chicago Mercantile simple average for the month of the § 1106.51 Basic formula price. Exchange Grade A butter price, as Chicago Mercantile Exchange, Grade A The basic formula price shall be the reported by the Department. butter price as reported by the preceding month’s average pay price for (c) Determine the amounts by which Department. manufacturing grade milk in Minnesota the gross value per hundredweight of PART 1108ÐMILK IN THE CENTRAL and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat ARKANSAS MARKETING AREA series, as reported by the Department, dry milk and the gross value per adjusted to a 3.5 percent butterfat basis hundredweight of milk used to 1. Section 1108.51 is revised to read using the butterfat differential for the manufacture Cheddar cheese for the as follows: preceding month computed pursuant to current month exceed or are less than § 1106.74 and rounded to the nearest the respective gross values for the § 1108.51 Basic formula price. cent, plus or minus the change in gross preceding month. The basic formula price shall be the value yielded by the butter-nonfat dry (d) Compute weighting factors to be preceding month’s average pay price for milk and Cheddar cheese product price applied to the changes in gross values manufacturing grade milk in Minnesota formula computed pursuant to determined pursuant to paragraph (c) of and Wisconsin using the ‘‘base month’’ paragraphs (a) through (e) of this this section by determining the relative series, as reported by the Department, section. proportion that the data included in adjusted to a 3.5 percent butterfat basis (a) The gross values of per each of the following paragraphs is of using the butterfat differential for the hundredweight of milk used to the total of the data represented in preceding month computed pursuant to manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this § 1108.74 and rounded to the nearest Cheddar cheese shall be computed, section: cent, plus or minus the change in gross using price data determined pursuant to (1) Combine the total nonfat dry milk value yielded by the butter-nonfat dry paragraph (b) of this section and annual production for the States of Minnesota milk and Cheddar cheese product price yield factors, for the preceding month and Wisconsin, as reported by the formula computed pursuant to and separately for the current month as Department, for the most recent paragraphs (a) through (e) of this follows: preceding period, and divide by the section. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7327 (a) The gross values of per each of the following paragraphs is of § 1124.50 Class and component prices. hundredweight of milk used to the total of the data represented in * * * * * manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this (f) * * * Cheddar cheese shall be computed, section: (3) Compute a butterfat differential using price data determined pursuant to (1) Combine the total nonfat dry milk rounded to the nearest one-tenth cent, paragraph (b) of this section and annual production for the States of Minnesota by multiplying the current month’s yield factors, for the preceding month and Wisconsin, as reported by the butter price by 0.138, and subtract from and separately for the current month as Department, for the most recent the result an amount determined by follows: preceding period, and divide by the multiplying 0.0028 by the preceding (1) The gross value of milk used to annual yield factor for nonfat dry milk, month’s average pay price per manufacture butter-nonfat dry milk 8.07, to determine the quantity (in hundredweight, at test, for shall be the sum of the following hundredweights) of milk used in the manufacturing grade milk in Minnesota computations: production of butter-nonfat dry milk; and Wisconsin, using the ‘‘base month’’ (i) Multiply the Grade AA butter price and series, adjusted pursuant to § 1124.51 (a) by 4.27; (2) Combine the total American through (e), as reported by the (ii) Multiply the nonfat dry milk price cheese production for the States of Department. The butter price means the by 8.07; and Minnesota and Wisconsin, as reported simple average for the month of the (iii) Multiply the dry buttermilk price by the Department, for the most recent Chicago Mercantile Exchange, Grade A by 0.42. preceding period, and divide by the butter price as reported by the (2) The gross value of milk used to annual yield factor for Cheddar cheese, Department. manufacture Cheddar cheese shall be 9.87, to determine the quantity (in * * * * * the sum of the following computations: hundredweights) of milk used in the 3. Section 1124.51 is revised to read (i) Multiply the Cheddar cheese price as follows: by 9.87; and production of American cheese. (ii) Multiply the Grade A butter price (e) Compute a weighted average of the § 1124.51 Basic formula price. changes in gross values per by 0.238. The basic formula price shall be the hundredweight of milk determined (b) The following product prices shall preceding month’s average pay price for pursuant to paragraph (c) of this section be used pursuant to paragraph (a) of this manufacturing grade milk in Minnesota in accordance with the relative section: and Wisconsin using the ‘‘base month’’ proportions of milk determined (1) Grade AA butter price. Grade AA series, as reported by the Department, pursuant to paragraph (d) of this butter price means the simple average adjusted to a 3.5 percent butterfat basis section. for the month of the Chicago Mercantile using the butterfat differential for the Exchange, Grade AA butter price, as 2. Section 1108.74 is revised to read preceding month computed pursuant to reported by the Department. as follows: § 1124.50(f)(3) and rounded to the (2) Nonfat dry milk price. Nonfat dry § 1108.74 Butterfat differential. nearest cent, plus or minus the change milk price means the simple average for in gross value yielded by the butter- the month of the Western Nonfat Dry For milk containing more or less than nonfat dry milk and Cheddar cheese Milk Low/Medium Heat price, as 3.5 percent butterfat, the uniform price product price formula computed reported by the Department. shall be increased or decreased, pursuant to paragraphs (a) through (e) of (3) Dry buttermilk price. Dry respectively, for each one-tenth percent this section. buttermilk price means the simple butterfat variation from 3.5 percent by a (a) The gross values of per average for the month of the Western butterfat differential, rounded to the hundredweight of milk used to Dry Buttermilk price, as reported by the nearest one-tenth cent, which shall be manufacture butter-nonfat dry milk and Department. 0.138 times the current month’s butter Cheddar cheese shall be computed, (4) Cheddar cheese price. Cheddar price less 0.0028 times the preceding using price data determined pursuant to cheese price means the simple average month’s average pay price per paragraph (b) of this section and annual for the month of the National Cheese hundredweight, at test, for yield factors, for the preceding month Exchange 40-pound block Cheddar manufacturing grade milk in Minnesota and separately for the current month as cheese price, as reported by the and Wisconsin, using the ‘‘base month’’ follows: Department. series, adjusted pursuant to § 1108.51 (a) (1) The gross value of milk used to (5) Grade A butter price. Grade A through (e), as reported by the manufacture butter-nonfat dry milk butter price means the simple average Department. The butter price means the shall be the sum of the following for the month of the Chicago Mercantile simple average for the month of the computations: Exchange Grade A butter price, as Chicago Mercantile Exchange, Grade A (i) Multiply the Grade AA butter price reported by the Department. butter price as reported by the by 4.27; (c) Determine the amounts by which Department. (ii) Multiply the nonfat dry milk price the gross value per hundredweight of by 8.07; and milk used to manufacture butter-nonfat PART 1124ÐMILK IN THE PACIFIC (iii) Multiply the dry buttermilk price dry milk and the gross value per NORTHWEST MARKETING AREA by 0.42. hundredweight of milk used to § 1124.19 [Removed and Reserved] (2) The gross value of milk used to manufacture Cheddar cheese for the manufacture Cheddar cheese shall be current month exceed or are less than 1. Section § 1124.19 is removed and the sum of the following computations: the respective gross values for the reserved. (i) Multiply the Cheddar cheese price preceding month. 2. Section 1124.50 is amended by by 9.87; and (d) Compute weighting factors to be revising the reference in paragraph (e) (ii) Multiply the Grade A butter price applied to the changes in gross values and paragraph (f)(2) from ‘‘§ 1124.19(e)’’ by 0.238. determined pursuant to paragraph (c) of to ‘‘paragraph (f)(3) of this section’’ and (b) The following product prices shall this section by determining the relative adding a new paragraph (f)(3) to read as be used pursuant to paragraph (a) of this proportion that the data included in follows: section: 7328 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this average for the month of the Western butter price means the simple average section. Dry Buttermilk price, as reported by the for the month of the Chicago Mercantile 4. Section 1124.75 is amended by Department. Exchange, Grade AA butter price, as revising the reference in paragraph (4) Cheddar cheese price. Cheddar reported by the Department. (a)(2)(i) from ‘‘§ 1124.19’’ to cheese price means the simple average (2) Nonfat dry milk price. Nonfat dry ‘‘§ 1124.50(f)(3)’’. for the month of the National Cheese milk price means the simple average for Exchange 40-pound block Cheddar the month of the Western Nonfat Dry PART 1126ÐMILK IN THE TEXAS cheese price, as reported by the Milk Low/Medium Heat price, as MARKETING AREA Department. reported by the Department. 1. Section 1126.51 is revised to read (5) Grade A butter price. Grade A (3) Dry buttermilk price. Dry as follows: butter price means the simple average buttermilk price means the simple for the month of the Chicago Mercantile average for the month of the Western § 1126.51 Basic formula price. Exchange Grade A butter price, as Dry Buttermilk price, as reported by the The basic formula price shall be the reported by the Department. Department. preceding month’s average pay price for (c) Determine the amounts by which (4) Cheddar cheese price. Cheddar manufacturing grade milk in Minnesota the gross value per hundredweight of cheese price means the simple average and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat for the month of the National Cheese series, as reported by the Department, dry milk and the gross value per Exchange 40-pound block Cheddar adjusted to a 3.5 percent butterfat basis hundredweight of milk used to cheese price, as reported by the using the butterfat differential for the manufacture Cheddar cheese for the Department. preceding month computed pursuant to current month exceed or are less than (5) Grade A butter price. Grade A § 1126.74 and rounded to the nearest the respective gross values for the butter price means the simple average cent, plus or minus the change in gross preceding month. for the month of the Chicago Mercantile value yielded by the butter-nonfat dry (d) Compute weighting factors to be Exchange Grade A butter price, as milk and Cheddar cheese product price applied to the changes in gross values reported by the Department. formula computed pursuant to determined pursuant to paragraph (c) of (c) Determine the amounts by which paragraphs (a) through (e) of this this section by determining the relative the gross value per hundredweight of section. proportion that the data included in milk used to manufacture butter-nonfat (a) The gross values of per each of the following paragraphs is of dry milk and the gross value per hundredweight of milk used to the total of the data represented in hundredweight of milk used to manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this manufacture Cheddar cheese for the Cheddar cheese shall be computed, section: current month exceed or are less than using price data determined pursuant to (1) Combine the total nonfat dry milk the respective gross values for the paragraph (b) of this section and annual production for the States of Minnesota preceding month. yield factors, for the preceding month and Wisconsin, as reported by the (d) Compute weighting factors to be and separately for the current month as Department, for the most recent applied to the changes in gross values follows: preceding period, and divide by the determined pursuant to paragraph (c) of (1) The gross value of milk used to annual yield factor for nonfat dry milk, this section by determining the relative manufacture butter-nonfat dry milk 8.07, to determine the quantity (in proportion that the data included in shall be the sum of the following hundredweights) of milk used in the each of the following paragraphs is of computations: production of butter-nonfat dry milk; the total of the data represented in (i) Multiply the Grade AA butter price and paragraphs (d)(1) and (d)(2) of this by 4.27; (2) Combine the total American section: (ii) Multiply the nonfat dry milk price cheese production for the States of (1) Combine the total nonfat dry milk by 8.07; and Minnesota and Wisconsin, as reported production for the States of Minnesota (iii) Multiply the dry buttermilk price by the Department, for the most recent and Wisconsin, as reported by the by 0.42. preceding period, and divide by the Department, for the most recent (2) The gross value of milk used to annual yield factor for Cheddar cheese, preceding period, and divide by the manufacture Cheddar cheese shall be 9.87, to determine the quantity (in annual yield factor for nonfat dry milk, the sum of the following computations: hundredweights) of milk used in the 8.07, to determine the quantity (in (i) Multiply the Cheddar cheese price production of American cheese. hundredweights) of milk used in the by 9.87; and (e) Compute a weighted average of the production of butter-nonfat dry milk; (ii) Multiply the Grade A butter price changes in gross values per and by 0.238. hundredweight of milk determined (2) Combine the total American (b) The following product prices shall pursuant to paragraph (c) of this section cheese production for the States of be used pursuant to paragraph (a) of this in accordance with the relative Minnesota and Wisconsin, as reported section: proportions of milk determined by the Department, for the most recent (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this preceding period, and divide by the butter price means the simple average section. annual yield factor for Cheddar cheese, for the month of the Chicago Mercantile 2. Section 1126.74 is revised to read 9.87, to determine the quantity (in Exchange, Grade AA butter price, as as follows: hundredweights) of milk used in the reported by the Department. production of American cheese. (2) Nonfat dry milk price. Nonfat dry § 1126.74 Butterfat differential. (e) Compute a weighted average of the milk price means the simple average for For milk containing more or less than changes in gross values per the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price hundredweight of milk determined Milk Low/Medium Heat price, as shall be increased or decreased, pursuant to paragraph (c) of this section reported by the Department. respectively, for each one-tenth percent in accordance with the relative (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a proportions of milk determined buttermilk price means the simple butterfat differential, rounded to the Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7329 nearest one-tenth cent, which shall be Exchange, Grade AA butter price, as 2. Section 1131.74 is revised to read 0.138 times the current month’s butter reported by the Department. as follows: price less 0.0028 times the preceding (2) Nonfat dry milk price. Nonfat dry month’s average pay price per milk price means the simple average for § 1131.74 Butterfat differential. hundredweight, at test, for the month of the Western Nonfat Dry For milk containing more or less than manufacturing grade milk in Minnesota Milk Low/Medium Heat price, as 3.5 percent butterfat, the uniform price and Wisconsin, using the ‘‘base month’’ reported by the Department. shall be increased or decreased, series, adjusted pursuant to § 1126.51 (a) (3) Dry buttermilk price. Dry respectively, for each one-tenth percent through (e), as reported by the buttermilk price means the simple butterfat variation from 3.5 percent by a Department. The butter price means the average for the month of the Western butterfat differential, rounded to the simple average for the month of the Dry Buttermilk price, as reported by the nearest one-tenth cent, which shall be Chicago Mercantile Exchange, Grade A Department. 0.138 times the current month’s butter butter price as reported by the (4) Cheddar cheese price. Cheddar price less 0.0028 times the preceding Department. cheese price means the simple average month’s average pay price per for the month of the National Cheese hundredweight, at test, for PART 1131ÐMILK IN THE CENTRAL Exchange 40-pound block Cheddar manufacturing grade milk in Minnesota ARIZONA MARKETING AREA cheese price, as reported by the and Wisconsin, using the ‘‘base month’’ Department. series, adjusted pursuant to § 1131.51 (a) 1. Section 1131.51 is revised to read through (e), as reported by the as follows: (5) Grade A butter price. Grade A butter price means the simple average Department. The butter price means the § 1131.51 Basic formula price. for the month of the Chicago Mercantile simple average for the month of the The basic formula price shall be the Exchange Grade A butter price, as Chicago Mercantile Exchange, Grade A preceding month’s average pay price for reported by the Department. butter price as reported by the manufacturing grade milk in Minnesota (c) Determine the amounts by which Department. the gross value per hundredweight of and Wisconsin using the ‘‘base month’’ PART 1134ÐMILK IN THE WESTERN milk used to manufacture butter-nonfat series, as reported by the Department, COLORADO MARKETING AREA adjusted to a 3.5 percent butterfat basis dry milk and the gross value per using the butterfat differential for the hundredweight of milk used to 1. Section 1134.51 is revised to read preceding month computed pursuant to manufacture Cheddar cheese for the as follows: § 1131.74 and rounded to the nearest current month exceed or are less than cent, plus or minus the change in gross the respective gross values for the § 1134.51 Basic formula price. value yielded by the butter-nonfat dry preceding month. The basic formula price shall be the milk and Cheddar cheese product price (d) Compute weighting factors to be preceding month’s average pay price for formula computed pursuant to applied to the changes in gross values manufacturing grade milk in Minnesota paragraphs (a) through (e) of this determined pursuant to paragraph (c) of and Wisconsin using the ‘‘base month’’ section. this section by determining the relative series, as reported by the Department, (a) The gross values of per proportion that the data included in adjusted to a 3.5 percent butterfat basis hundredweight of milk used to each of the following paragraphs is of using the butterfat differential for the manufacture butter-nonfat dry milk and the total of the data represented in preceding month computed pursuant to Cheddar cheese shall be computed, paragraphs (d)(1) and (d)(2) of this § 1134.74 and rounded to the nearest using price data determined pursuant to section: cent, plus or minus the change in gross paragraph (b) of this section and annual (1) Combine the total nonfat dry milk value yielded by the butter-nonfat dry yield factors, for the preceding month production for the States of Minnesota milk and Cheddar cheese product price and separately for the current month as and Wisconsin, as reported by the formula computed pursuant to follows: Department, for the most recent paragraphs (a) through (e) of this (1) The gross value of milk used to preceding period, and divide by the section. manufacture butter-nonfat dry milk annual yield factor for nonfat dry milk, (a) The gross values of per shall be the sum of the following 8.07, to determine the quantity (in hundredweight of milk used to computations: hundredweights) of milk used in the manufacture butter-nonfat dry milk and (i) Multiply the Grade AA butter price production of butter-nonfat dry milk; Cheddar cheese shall be computed, by 4.27; and using price data determined pursuant to (ii) Multiply the nonfat dry milk price (2) Combine the total American paragraph (b) of this section and annual by 8.07; and cheese production for the States of yield factors, for the preceding month (iii) Multiply the dry buttermilk price Minnesota and Wisconsin, as reported and separately for the current month as by 0.42. by the Department, for the most recent follows: (2) The gross value of milk used to preceding period, and divide by the (1) The gross value of milk used to manufacture Cheddar cheese shall be annual yield factor for Cheddar cheese, manufacture butter-nonfat dry milk the sum of the following computations: 9.87, to determine the quantity (in shall be the sum of the following (i) Multiply the Cheddar cheese price hundredweights) of milk used in the computations: by 9.87; and production of American cheese. (i) Multiply the Grade AA butter price (ii) Multiply the Grade A butter price (e) Compute a weighted average of the by 4.27; by 0.238. changes in gross values per (ii) Multiply the nonfat dry milk price (b) The following product prices shall hundredweight of milk determined by 8.07; and be used pursuant to paragraph (a) of this pursuant to paragraph (c) of this section (iii) Multiply the dry buttermilk price section: in accordance with the relative by 0.42. (1) Grade AA butter price. Grade AA proportions of milk determined (2) The gross value of milk used to butter price means the simple average pursuant to paragraph (d) of this manufacture Cheddar cheese shall be for the month of the Chicago Mercantile section. the sum of the following computations: 7330 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules (i) Multiply the Cheddar cheese price hundredweights) of milk used in the 3. Section 1135.51 is revised to read by 9.87; and production of American cheese. as follows: (ii) Multiply the Grade A butter price (e) Compute a weighted average of the by 0.238. changes in gross values per § 1135.51 Basic formula price. (b) The following product prices shall hundredweight of milk determined The basic formula price shall be the be used pursuant to paragraph (a) of this pursuant to paragraph (c) of this section preceding month’s average pay price for section: in accordance with the relative manufacturing grade milk in Minnesota (1) Grade AA butter price. Grade AA proportions of milk determined and Wisconsin using the ‘‘base month’’ butter price means the simple average pursuant to paragraph (d) of this series, as reported by the Department, for the month of the Chicago Mercantile section. adjusted to a 3.5 percent butterfat basis Exchange, Grade AA butter price, as 2. Section 1134.74 is revised to read using the butterfat differential for the reported by the Department. as follows: preceding month computed pursuant to § 1135.50(f)(3) and rounded to the (2) Nonfat dry milk price. Nonfat dry § 1134.74 Butterfat differential. milk price means the simple average for nearest cent, plus or minus the change For milk containing more or less than in gross value yielded by the butter- the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price Milk Low/Medium Heat price, as nonfat dry milk and Cheddar cheese shall be increased or decreased, product price formula computed reported by the Department. respectively, for each one-tenth percent (3) Dry buttermilk price. Dry pursuant to paragraphs (a) through (e) of butterfat variation from 3.5 percent by a this section. buttermilk price means the simple butterfat differential, rounded to the average for the month of the Western (a) The gross values of per nearest one-tenth cent, which shall be hundredweight of milk used to Dry Buttermilk price, as reported by the 0.138 times the current month’s butter Department. manufacture butter-nonfat dry milk and price less 0.0028 times the preceding Cheddar cheese shall be computed, (4) Cheddar cheese price. Cheddar month’s average pay price per cheese price means the simple average using price data determined pursuant to hundredweight, at test, for paragraph (b) of this section and annual for the month of the National Cheese manufacturing grade milk in Minnesota Exchange 40-pound block Cheddar yield factors, for the preceding month and Wisconsin, using the ‘‘base month’’ and separately for the current month as cheese price, as reported by the series, adjusted pursuant to § 1134.51 (a) Department. follows: through (e), as reported by the (1) The gross value of milk used to (5) Grade A butter price. Grade A Department. The butter price means the manufacture butter-nonfat dry milk butter price means the simple average simple average for the month of the shall be the sum of the following for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A computations: Exchange Grade A butter price, as butter price as reported by the (i) Multiply the Grade AA butter price reported by the Department. Department. by 4.27; (c) Determine the amounts by which (ii) Multiply the nonfat dry milk price the gross value per hundredweight of PART 1135ÐMILK IN THE SOUTHWESTERN IDAHO-EASTERN by 8.07; and milk used to manufacture butter-nonfat (iii) Multiply the dry buttermilk price OREGON MARKETING AREA dry milk and the gross value per by 0.42. hundredweight of milk used to § 1135.19 [Removed and Reserved] (2) The gross value of milk used to manufacture Cheddar cheese for the 1. Section 1135.19 is removed and manufacture Cheddar cheese shall be current month exceed or are less than the sum of the following computations: the respective gross values for the reserved. 2. Section 1135.50 is amended by (i) Multiply the Cheddar cheese price preceding month. revising the reference in paragraph (e) by 9.87; and (d) Compute weighting factors to be and paragraph (f)(2) from ‘‘§ 1135.19’’ to (ii) Multiply the Grade A butter price applied to the changes in gross values ‘‘paragraph (f)(3) of this section’’ and by 0.238. determined pursuant to paragraph (c) of adding a new paragraph (f)(3) to read as (b) The following product prices shall this section by determining the relative follows: be used pursuant to paragraph (a) of this proportion that the data included in section: each of the following paragraphs is of § 1135.50 Class and component prices. (1) Grade AA butter price. Grade AA the total of the data represented in * * * * * butter price means the simple average paragraphs (d)(1) and (d)(2) of this (f) * * * for the month of the Chicago Mercantile section: (3) Compute a butterfat differential Exchange, Grade AA butter price, as (1) Combine the total nonfat dry milk rounded to the nearest one-tenth cent, reported by the Department. production for the States of Minnesota by multiplying the current month’s (2) Nonfat dry milk price. Nonfat dry and Wisconsin, as reported by the butter price by 0.138, and subtract from milk price means the simple average for Department, for the most recent the result an amount determined by the month of the Western Nonfat Dry preceding period, and divide by the multiplying 0.0028 by the preceding Milk Low/Medium Heat price, as annual yield factor for nonfat dry milk, month’s average pay price per reported by the Department. 8.07, to determine the quantity (in hundredweight, at test, for (3) Dry buttermilk price. Dry hundredweights) of milk used in the manufacturing grade milk in Minnesota buttermilk price means the simple production of butter-nonfat dry milk; and Wisconsin, using the ‘‘base month’’ average for the month of the Western and series, adjusted pursuant to § 1135.51 (a) Dry Buttermilk price, as reported by the (2) Combine the total American through (e), as reported by the Department. cheese production for the States of Department. The butter price means the (4) Cheddar cheese price. Cheddar Minnesota and Wisconsin, as reported simple average for the month of the cheese price means the simple average by the Department, for the most recent Chicago Mercantile Exchange, Grade A for the month of the National Cheese preceding period, and divide by the butter price as reported by the Exchange 40-pound block Cheddar annual yield factor for Cheddar cheese, Department. cheese price, as reported by the 9.87, to determine the quantity (in * * * * * Department. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7331 (5) Grade A butter price. Grade A preceding month computed pursuant to current month exceed or are less than butter price means the simple average § 1137.74 and rounded to the nearest the respective gross values for the for the month of the Chicago Mercantile cent, plus or minus the change in gross preceding month. Exchange Grade A butter price, as value yielded by the butter-nonfat dry (d) Compute weighting factors to be reported by the Department. milk and Cheddar cheese product price applied to the changes in gross values (c) Determine the amounts by which formula computed pursuant to determined pursuant to paragraph (c) of the gross value per hundredweight of paragraphs (a) through (e) of this this section by determining the relative milk used to manufacture butter-nonfat section. proportion that the data included in dry milk and the gross value per (a) The gross values of per each of the following paragraphs is of hundredweight of milk used to hundredweight of milk used to the total of the data represented in manufacture Cheddar cheese for the manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this current month exceed or are less than Cheddar cheese shall be computed, section: the respective gross values for the using price data determined pursuant to (1) Combine the total nonfat dry milk preceding month. paragraph (b) of this section and annual production for the States of Minnesota (d) Compute weighting factors to be yield factors, for the preceding month and Wisconsin, as reported by the applied to the changes in gross values and separately for the current month as Department, for the most recent determined pursuant to paragraph (c) of follows: preceding period, and divide by the this section by determining the relative (1) The gross value of milk used to annual yield factor for nonfat dry milk, proportion that the data included in manufacture butter-nonfat dry milk 8.07, to determine the quantity (in each of the following paragraphs is of shall be the sum of the following hundredweights) of milk used in the the total of the data represented in computations: production of butter-nonfat dry milk; paragraphs (d)(1) and (d)(2) of this (i) Multiply the Grade AA butter price and section: by 4.27; (2) Combine the total American (1) Combine the total nonfat dry milk (ii) Multiply the nonfat dry milk price cheese production for the States of Minnesota and Wisconsin, as reported production for the States of Minnesota by 8.07; and by the Department, for the most recent and Wisconsin, as reported by the (iii) Multiply the dry buttermilk price preceding period, and divide by the Department, for the most recent by 0.42. annual yield factor for Cheddar cheese, preceding period, and divide by the (2) The gross value of milk used to 9.87, to determine the quantity (in annual yield factor for nonfat dry milk, manufacture Cheddar cheese shall be hundredweights) of milk used in the 8.07, to determine the quantity (in the sum of the following computations: (i) Multiply the Cheddar cheese price production of American cheese. hundredweights) of milk used in the (e) Compute a weighted average of the production of butter-nonfat dry milk; by 9.87; and (ii) Multiply the Grade A butter price changes in gross values per and by 0.238. hundredweight of milk determined (2) Combine the total American (b) The following product prices shall pursuant to paragraph (c) of this section cheese production for the States of be used pursuant to paragraph (a) of this in accordance with the relative Minnesota and Wisconsin, as reported section: proportions of milk determined by the Department, for the most recent (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this preceding period, and divide by the butter price means the simple average section. annual yield factor for Cheddar cheese, for the month of the Chicago Mercantile 2. Section 1137.74 is revised to read 9.87, to determine the quantity (in Exchange, Grade AA butter price, as as follows: hundredweights) of milk used in the reported by the Department. § 1137.74 Butterfat differential. production of American cheese. (2) Nonfat dry milk price. Nonfat dry (e) Compute a weighted average of the milk price means the simple average for For milk containing more or less than 3.5 percent butterfat, the uniform price changes in gross values per the month of the Western Nonfat Dry shall be increased or decreased, hundredweight of milk determined Milk Low/Medium Heat price, as respectively, for each one-tenth percent pursuant to paragraph (c) of this section reported by the Department. in accordance with the relative (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a proportions of milk determined buttermilk price means the simple butterfat differential, rounded to the pursuant to paragraph (d) of this average for the month of the Western nearest one-tenth cent, which shall be section. Dry Buttermilk price, as reported by the 0.138 times the current month’s butter 4. Section 1135.74 is amended by Department. price less 0.0028 times the preceding revising the reference in paragraphs (4) Cheddar cheese price. Cheddar month’s average pay price per (b)(2)(i) and (b)(2)(ii) from ‘‘§ 1135.19’’ cheese price means the simple average hundredweight, at test, for to ‘‘§ 1135.50(f)(3)’’. for the month of the National Cheese manufacturing grade milk in Minnesota Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ PART 1137ÐMILK IN THE EASTERN cheese price, as reported by the series, adjusted pursuant to § 1137.51 (a) COLORADO MARKETING AREA Department. through (e), as reported by the Department. The butter price means the 1. Section 1137.51 is revised to read (5) Grade A butter price. Grade A simple average for the month of the as follows: butter price means the simple average for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A § 1137.51 Basic formula price. Exchange Grade A butter price, as butter price as reported by the The basic formula price shall be the reported by the Department. Department. preceding month’s average pay price for (c) Determine the amounts by which PART 1138ÐMILK IN THE NEW manufacturing grade milk in Minnesota the gross value per hundredweight of MEXICO-WEST TEXAS MARKETING and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat AREA series, as reported by the Department, dry milk and the gross value per adjusted to a 3.5 percent butterfat basis hundredweight of milk used to 1. Section 1138.51 is revised to read using the butterfat differential for the manufacture Cheddar cheese for the as follows: 7332 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules § 1138.51 Basic formula price. Exchange Grade A butter price, as butter price as reported by the The basic formula price shall be the reported by the Department. Department. preceding month’s average pay price for (c) Determine the amounts by which manufacturing grade milk in Minnesota the gross value per hundredweight of PART 1139ÐMILK IN THE GREAT and Wisconsin using the ‘‘base month’’ milk used to manufacture butter-nonfat BASIN MARKETING AREA dry milk and the gross value per series, as reported by the Department, 1. Section 1139.50 is amended by hundredweight of milk used to adjusted to a 3.5 percent butterfat basis revising the reference in paragraph (d) manufacture Cheddar cheese for the using the butterfat differential for the from ‘‘§ 1139.51(a)’’ to ‘‘paragraph (e)(1) current month exceed or are less than preceding month computed pursuant to of this section’’ and by revising the respective gross values for the § 1138.74 and rounded to the nearest paragraph (e), to read as follows: cent, plus or minus the change in gross preceding month. value yielded by the butter-nonfat dry (d) Compute weighting factors to be § 1139.50 Class and component prices. milk and Cheddar cheese product price applied to the changes in gross values * * * * * formula computed pursuant to determined pursuant to paragraph (c) of (e) Butterfat price. The butterfat price paragraphs (a) through (e) of this this section by determining the relative per pound shall be the total of section. proportion that the data included in paragraphs (e)(2) and (e)(3) of this (a) The gross values of per each of the following paragraphs is of section computed as follows: hundredweight of milk used to the total of the data represented in (1) Compute a butterfat differential manufacture butter-nonfat dry milk and paragraphs (d)(1) and (d)(2) of this rounded to the nearest one-tenth cent, Cheddar cheese shall be computed, section: by multiplying the current month’s (1) Combine the total nonfat dry milk using price data determined pursuant to butter price by 0.138, and subtract from production for the States of Minnesota paragraph (b) of this section and annual the result an amount determined by and Wisconsin, as reported by the yield factors, for the preceding month multiplying 0.0028 by the preceding Department, for the most recent and separately for the current month as month’s average pay price per preceding period, and divide by the follows: hundredweight, at test, for annual yield factor for nonfat dry milk, (1) The gross value of milk used to manufacturing grade milk in Minnesota 8.07, to determine the quantity (in manufacture butter-nonfat dry milk and Wisconsin, using the ‘‘base month’’ hundredweights) of milk used in the shall be the sum of the following series, adjusted pursuant to § 1139.51 (a) production of butter-nonfat dry milk; computations: through (e), as reported by the and (i) Multiply the Grade AA butter price Department. The butter price means the (2) Combine the total American by 4.27; simple average for the month of the cheese production for the States of (ii) Multiply the nonfat dry milk price Chicago Mercantile Exchange, Grade A Minnesota and Wisconsin, as reported by 8.07; and butter price as reported by the (iii) Multiply the dry buttermilk price by the Department, for the most recent Department. by 0.42. preceding period, and divide by the (2) The skim milk value per (2) The gross value of milk used to annual yield factor for Cheddar cheese, hundredweight for the month, manufacture Cheddar cheese shall be 9.87, to determine the quantity (in computed pursuant to paragraph (d) of the sum of the following computations: hundredweights) of milk used in the this section, divided by 100; and (i) Multiply the Cheddar cheese price production of American cheese. by 9.87; and (e) Compute a weighted average of the (3) The butterfat differential for the (ii) Multiply the Grade A butter price changes in gross values per month computed pursuant to paragraph by 0.238. hundredweight of milk determined (e)(1) of this section multiplied by 10. (b) The following product prices shall pursuant to paragraph (c) of this section * * * * * be used pursuant to paragraph (a) of this in accordance with the relative 2. Section 1139.51 is revised to read section: proportions of milk determined as follows: (1) Grade AA butter price. Grade AA pursuant to paragraph (d) of this § 1139.51 Basic formula price. butter price means the simple average section. for the month of the Chicago Mercantile 2. Section 1138.74 is revised to read The basic formula price shall be the Exchange, Grade AA butter price, as as follows: preceding month’s average pay price for reported by the Department. manufacturing grade milk in Minnesota (2) Nonfat dry milk price. Nonfat dry § 1138.74 Butterfat differential. and Wisconsin using the ‘‘base month’’ milk price means the simple average for For milk containing more or less than series, as reported by the Department, the month of the Western Nonfat Dry 3.5 percent butterfat, the uniform price adjusted to a 3.5 percent butterfat basis Milk Low/Medium Heat price, as shall be increased or decreased, using the butterfat differential for the reported by the Department. respectively, for each one-tenth percent preceding month computed pursuant to (3) Dry buttermilk price. Dry butterfat variation from 3.5 percent by a § 1139.50(e)(1) and rounded to the buttermilk price means the simple butterfat differential, rounded to the nearest cent, plus or minus the change average for the month of the Western nearest one-tenth cent, which shall be in gross value yielded by the butter- Dry Buttermilk price, as reported by the 0.138 times the current month’s butter nonfat dry milk and Cheddar cheese Department. price less 0.0028 times the preceding product price formula computed (4) Cheddar cheese price. Cheddar month’s average pay price per pursuant to paragraphs (a) through (e) of cheese price means the simple average hundredweight, at test, for this section. for the month of the National Cheese manufacturing grade milk in Minnesota (a) The gross values of per Exchange 40-pound block Cheddar and Wisconsin, using the ‘‘base month’’ hundredweight of milk used to cheese price, as reported by the series, adjusted pursuant to § 1138.51 (a) manufacture butter-nonfat dry milk and Department. through (e), as reported by the Cheddar cheese shall be computed, (5) Grade A butter price. Grade A Department. The butter price means the using price data determined pursuant to butter price means the simple average simple average for the month of the paragraph (b) of this section and annual for the month of the Chicago Mercantile Chicago Mercantile Exchange, Grade A yield factors, for the preceding month Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7333 and separately for the current month as the respective gross values for the the provisions of this marketing follows: preceding month. agreement as if set out in full herein. (1) The gross value of milk used to (d) Compute weighting factors to be I. The findings and determinations, manufacture butter-nonfat dry milk applied to the changes in gross values order relative to handling, and the shall be the sum of the following determined pursuant to paragraph (c) of provisions of §§ llllll 1 to computations: this section by determining the relative llll, all inclusive, of the order (i) Multiply the Grade AA butter price proportion that the data included in regulating the handling of milk in the by 4.27; each of the following paragraphs is of (llll Name of order llll) (ii) Multiply the nonfat dry milk price the total of the data represented in marketing area (7 CFR Part llll 2) by 8.07; and paragraphs (d)(1) and (d)(2) of this which is annexed hereto; and (iii) Multiply the dry buttermilk price section: II. The following provisions: by 0.42. (1) Combine the total nonfat dry milk § llllll 3 Record of milk handled (2) The gross value of milk used to production for the States of Minnesota and authorization to correct manufacture Cheddar cheese shall be and Wisconsin, as reported by the typographical errors. the sum of the following computations: Department, for the most recent (a) Record of milk handled. The (i) Multiply the Cheddar cheese price preceding period, and divide by the undersigned certifies that he/she by 9.87; and annual yield factor for nonfat dry milk, handled during the month of (ii) Multiply the Grade A butter price 4 8.07, to determine the quantity (in llllllll , llll by 0.238. hundredweights) of milk used in the hundredweight of milk covered by this (b) The following product prices shall production of butter-nonfat dry milk; marketing agreement. be used pursuant to paragraph (a) of this and (b) Authorization to correct section: (2) Combine the total American typographical errors. The undersigned (1) Grade AA butter price. Grade AA hereby authorizes the Director, or butter price means the simple average cheese production for the States of Minnesota and Wisconsin, as reported Acting Director, Dairy Division, for the month of the Chicago Mercantile Agricultural Marketing Service, to Exchange, Grade AA butter price, as by the Department, for the most recent preceding period, and divide by the correct any typographical errors which reported by the Department. may have been made in this marketing (2) Nonfat dry milk price. Nonfat dry annual yield factor for Cheddar cheese, 9.87, to determine the quantity (in agreement. milk price means the simple average for § lllll 3 Effective date. This the month of the Western Nonfat Dry hundredweights) of milk used in the production of American cheese. marketing agreement shall become Milk Low/Medium Heat price, as effective upon the execution of a reported by the Department. (e) Compute a weighted average of the changes in gross values per counterpart hereof by the Secretary in (3) Dry buttermilk price. Dry accordance with Section 900.14(a) of the buttermilk price means the simple hundredweight of milk determined pursuant to paragraph (c) of this section aforesaid rules of practice and average for the month of the Western procedure. Dry Buttermilk price, as reported by the in accordance with the relative proportions of milk determined In Witness Whereof, The contracting Department. handlers, acting under the provisions of (4) Cheddar cheese price. Cheddar pursuant to paragraph (d) of this section. the Act, for the purposes and subject to cheese price means the simple average the limitations herein contained and not for the month of the National Cheese [This marketing agreement will not appear in otherwise, have hereunto set their the Code of Federal Regulations] Exchange 40-pound block Cheddar respective hands and seals. cheese price, as reported by the Marketing Agreement Regulating the Department. Signature Handling of Milk in Certain Marketing lllllllllllllll (5) Grade A butter price. Grade A By (Name) Areas butter price means the simple average (Title) lllllllllllllllll for the month of the Chicago Mercantile The parties hereto, in order to (Address) llllllllllllllll Exchange Grade A butter price, as effectuate the declared policy of the Act, (Seal) reported by the Department. and in accordance with the rules of Attest (c) Determine the amounts by which practice and procedure effective [FR Doc. 95–2448 Filed 2–6–95; 8:45 am] the gross value per hundredweight of thereunder (7 CFR Part 900), desire to BILLING CODE 3410±02±P milk used to manufacture butter-nonfat enter into this marketing agreement and dry milk and the gross value per do hereby agree that the provisions 1 First and last sections of order. hundredweight of milk used to referred to in paragraph I hereof as 2 Appropriate Part number. manufacture Cheddar cheese for the augmented by the provisions specified 3 Next consecutive section number. current month exceed or are less than in paragraph II hereof, shall be and are 4 Appropriate representative period for the order. federal register February 7,1995 Tuesday January 1995PayAdjustments;Notice Management Office ofPersonnel Part III 7335 7336 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices OFFICE OF PERSONNEL employees in senior-level and scientific 103–329, and the new schedules became MANAGEMENT or professional positions, administrative effective on the first day of the first pay law judges, members of boards of period beginning on or after January 1, January 1995 Pay Adjustments contract appeals, and officials covered 1995. The attached 1995 salary tables also AGENCY: Office of Personnel by the Executive Schedule. The 1995 Management. General Schedule (exclusive of locality show the locality rates of pay for payments) is included because it General Schedule employees in each of ACTION: Notice. continues to apply to employees in the 27 locality pay areas. Locality-based SUMMARY: The Office of Personnel Alaska, Hawaii, and all areas outside the comparability payments are authorized Management, on behalf of the President continental United States, and because under 5 U.S.C. 5304. The locality rates and the President’s Pay Agent, is it must also be used for certain pay of pay are computed based on the publishing salary tables incorporating administration purposes for GS annual rates of basic pay of the 1995 pay adjustments effective on the first employees in locality pay areas. Finally, General Schedule (Salary Table No. 95– day of the first pay period beginning on the definition of each locality pay area GS) and reflect the locality-based or after January 1, 1995, for General also is included. comparability payments authorized by Schedule (GS) employees in each For the President’s Pay Agent. the President on November 30, 1994. locality pay area. These salary tables are The locality payments authorized by the James B. King, based on the new 1995 General President for 1995 range from 3.74 Schedule, as adjusted by Executive Director. percent to 8.53 percent and replace the Order 12944 of December 28, 1994 (60 1995 Salary Tables—General Schedule locality payments authorized by the FR 309, January 3, 1995), and the and Locality Rates of Pay President for 1994. The locality rates of locality-based comparability payments pay are considered basic pay for authorized by the President in his Executive Order 12944 puts into effect purposes of retirement, life insurance, November 30, 1994, Memorandum for an across-the-board increase of 2 premium pay, severance pay, and the President’s Pay Agent (59 FR 62549, percent in the rates of basic pay for the advances in pay. They are also used to December 5, 1994). Also included are General Schedule, the Foreign Service compute workers’ compensation 1995 salary tables for law enforcement Schedule, and certain schedules for the payments and lump-sum payments for officers, employees in interim Veterans Health Administration of the accrued and accumulated annual leave. geographic adjustment areas, members Department of Veterans Affairs. These They are not considered basic pay for of the Senior Executive Service, adjustments are required by Public Law any other purpose. SALARY TABLE NO. 95±GSÐ1995 GENERAL SCHEDULE, INCORPORATING A 2.00% INCREASE [Effective January 1995] Annual rates by grade and step Within- grade in- crease 1 2 3 4 5 6 7 8 9 10 amounts GS±1 ...... $12,141 $12,546 $12,949 $13,352 $13,757 $13,994 $14,391 $14,793 $14,811 $15,183 Varies GS±2 ...... 13,650 13,975 14,428 14,811 14,974 15,414 15,854 16,294 16,734 17,174 Varies GS±3 ...... 14,895 15,392 15,889 16,386 16,883 17,380 17,877 18,374 18,871 19,368 $497 GS±4 ...... 16,721 17,278 17,835 18,392 18,949 19,506 20,063 20,620 21,177 21,734 557 GS±5 ...... 18,707 19,331 19,955 20,579 21,203 21,827 22,451 23,075 23,699 24,323 624 GS±6 ...... 20,852 21,547 22,242 22,937 23,632 24,327 25,022 25,717 26,412 27,107 695 GS±7 ...... 23,171 23,943 24,715 25,487 26,259 27,031 27,803 28,575 29,347 30,119 772 GS±8 ...... 25,662 26,517 27,372 28,227 29,082 29,937 30,792 31,647 32,502 33,357 855 GS±9 ...... 28,345 29,290 30,235 31,180 32,125 33,070 34,015 34,960 35,905 36,850 945 GS±10 ...... 31,215 32,256 33,297 34,338 35,379 36,420 37,461 38,502 39,543 40,584 1,041 GS±11 ...... 34,295 35,438 36,581 37,724 38,867 40,010 41,153 42,296 43,439 44,582 1,143 GS±12 ...... 41,104 42,474 43,844 45,214 46,584 47,954 49,324 50,694 52,064 53,434 1,370 GS±13 ...... 48,878 50,507 52,136 53,765 55,394 57,023 58,652 60,281 61,910 63,539 1,629 GS±14 ...... 57,760 59,685 61,610 63,535 65,460 67,385 69,310 71,235 73,160 75,085 1,925 GS±15 ...... 67,941 70,206 72,471 74,736 77,001 79,266 81,531 83,796 86,061 88,326 2,265 SALARY TABLE NO. 95±ATLÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 4.66% FOR THE LOCALITY PAY AREA OF ATLANTA, GA (NET INCREASE: 2.79%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,707 $13,131 $13,552 $13,974 $14,398 $14,646 $15,062 $15,482 $15,501 $15,891 GS±2 ...... 14,286 14,626 15,100 15,501 15,672 16,132 16,593 17,053 17,514 17,974 GS±3 ...... 15,589 16,109 16,629 17,150 17,670 18,190 18,710 19,230 19,750 20,271 GS±4 ...... 17,500 18,083 18,666 19,249 19,832 20,415 20,998 21,581 22,164 22,747 GS±5 ...... 19,579 20,232 20,885 21,538 22,191 22,844 23,497 24,150 24,803 25,456 GS±6 ...... 21,824 22,551 23,278 24,006 24,733 25,461 26,188 26,915 27,643 28,370 GS±7 ...... 24,251 25,059 25,867 26,675 27,483 28,291 29,099 29,907 30,715 31,523 GS±8 ...... 26,858 27,753 28,648 29,542 30,437 31,332 32,227 33,122 34,017 34,911 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7337 SALARY TABLE NO. 95±ATLÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 4.66% FOR THE LOCALITY PAY AREA OF ATLANTA, GA (NET INCREASE: 2.79%)ÐContinued [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±9 ...... 29,666 30,655 31,644 32,633 33,622 34,611 35,600 36,589 37,578 38,567 GS±10 ...... 32,670 33,759 34,849 35,938 37,028 38,117 39,207 40,296 41,386 42,475 GS±11 ...... 35,893 37,089 38,286 39,482 40,678 41,874 43,071 44,267 45,463 46,660 GS±12 ...... 43,019 44,453 45,887 47,321 48,755 50,189 51,622 53,056 54,490 55,924 GS±13 ...... 51,156 52,861 54,566 56,270 57,975 59,680 61,385 63,090 64,795 66,500 GS±14 ...... 60,452 62,466 64,481 66,496 68,510 70,525 72,540 74,555 76,569 78,584 GS±15 ...... 71,107 73,478 75,848 78,219 80,589 82,960 85,330 87,701 90,071 92,442 SALARY TABLE NO. 95±BOSÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 6.97% FOR THE LOCALITY PAY AREA OF BOSTON-WORCESTER-LAWRENCE, MA-NH-ME-CT (NET INCREASE: 3.45%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,987 $13,420 $13,852 $14,283 $14,716 $14,969 $15,394 $15,824 $15,843 $16,241 GS±2 ...... 14,601 14,949 15,434 15,843 16,018 16,488 16,959 17,430 17,900 18,371 GS±3 ...... 15,933 16,465 16,996 17,528 18,060 18,591 19,123 19,655 20,186 20,718 GS±4 ...... 17,886 18,482 19,078 19,674 20,270 20,866 21,461 22,057 22,653 23,249 GS±5 ...... 20,011 20,678 21,346 22,013 22,681 23,348 24,016 24,683 25,351 26,018 GS±6 ...... 22,305 23,049 23,792 24,536 25,279 26,023 26,766 27,509 28,253 28,996 GS±7 ...... 24,786 25,612 26,438 27,263 28,089 28,915 29,741 30,567 31,392 32,218 GS±8 ...... 27,451 28,365 29,280 30,194 31,109 32,024 32,938 33,853 34,767 35,682 GS±9 ...... 30,321 31,332 32,342 33,353 34,364 35,375 36,386 37,397 38,408 39,418 GS±10 ...... 33,391 34,504 35,618 36,731 37,845 38,958 40,072 41,186 42,299 43,413 GS±11 ...... 36,685 37,908 39,131 40,353 41,576 42,799 44,021 45,244 46,467 47,689 GS±12 ...... 43,969 45,434 46,900 48,365 49,831 51,296 52,762 54,227 55,693 57,158 GS±13 ...... 52,285 54,027 55,770 57,512 59,255 60,998 62,740 64,483 66,225 67,968 GS±14 ...... 61,786 63,845 65,904 67,963 70,023 72,082 74,141 76,200 78,259 80,318 GS±15 ...... 72,676 75,099 77,522 79,945 82,368 84,791 87,214 89,637 92,059 94,482 SALARY TABLE NO. 95±CHIÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 6.92%ÐFOR THE LOCALITY PAY AREA OF CHICAGO-GARY-KENOSHA, IL-IN-WI (NET INCREASE: 3.53%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,981 $13,414 $13,845 $14,276 $14,709 $14,962 $15,387 $15,817 $15,836 $16,234 2 ...... 14,595 14,942 15,426 15,836 16,010 16,481 16,951 17,422 17,892 18,362 3 ...... 15,926 16,457 16,989 17,520 18,051 18,583 19,114 19,645 20,177 20,708 4 ...... 17,878 18,474 19,069 19,665 20,260 20,856 21,451 22,047 22,642 23,238 5 ...... 20,002 20,669 21,336 22,003 22,670 23,337 24,005 24,672 25,339 26,006 6 ...... 22,295 23,038 23,781 24,524 25,267 26,010 26,754 27,497 28,240 28,983 7 ...... 24,774 25,600 26,425 27,251 28,076 28,902 29,727 30,552 31,378 32,203 8 ...... 27,438 28,352 29,266 30,180 31,094 32,009 32,923 33,837 34,751 35,665 9 ...... 30,306 31,317 32,327 33,338 34,348 35,358 36,369 37,379 38,390 39,400 10 ...... 33,375 34,488 35,601 36,714 37,827 38,940 40,053 41,166 42,279 43,392 11 ...... 36,668 37,890 39,112 40,335 41,557 42,779 44,001 45,223 46,445 47,667 12 ...... 43,948 45,413 46,878 48,343 49,808 51,272 52,737 54,202 55,667 57,132 13 ...... 52,260 54,002 55,744 57,486 59,227 60,969 62,711 64,452 66,194 67,936 14 ...... 61,757 63,815 65,873 67,932 69,990 72,048 74,106 76,164 78,223 80,281 15 ...... 72,643 75,064 77,486 79,908 82,329 84,751 87,173 89,595 92,016 94,438 7338 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±CINÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.33% FOR THE LOCALITY PAY AREA OF CINCINNATI-HAMILTON, OH-KY-IN (NET INCREASE: 3.09%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,788 $13,215 $13,639 $14,064 $14,490 $14,740 $15,158 $15,581 $15,600 $15,992 GS±2 ...... 14,378 14,720 15,197 15,600 15,772 16,236 16,699 17,162 17,626 18,089 GS±3 ...... 15,689 16,212 16,736 17,259 17,783 18,306 18,830 19,353 19,877 20,400 GS±4 ...... 17,612 18,199 18,786 19,372 19,959 20,546 21,132 21,719 22,306 22,892 GS±5 ...... 19,704 20,361 21,019 21,676 22,333 22,990 23,648 24,305 24,962 25,619 GS±6 ...... 21,963 22,695 23,427 24,160 24,892 25,624 26,356 27,088 27,820 28,552 GS±7 ...... 24,406 25,219 26,032 26,845 27,659 28,472 29,285 30,098 30,911 31,724 GS±8 ...... 27,030 27,930 28,831 29,731 30,632 31,533 32,433 33,334 34,234 35,135 GS±9 ...... 29,856 30,851 31,847 32,842 33,837 34,833 35,828 36,823 37,819 38,814 GS±10 ...... 32,879 33,975 35,072 36,168 37,265 38,361 39,458 40,554 41,651 42,747 GS±11 ...... 36,123 37,327 38,531 39,735 40,939 42,143 43,346 44,550 45,754 46,958 GS±12 ...... 43,295 44,738 46,181 47,624 49,067 50,510 51,953 53,396 54,839 56,282 GS±13 ...... 51,483 53,199 54,915 56,631 58,347 60,062 61,778 63,494 65,210 66,926 GS±14 ...... 60,839 62,866 64,894 66,921 68,949 70,977 73,004 75,032 77,059 79,087 GS±15 ...... 71,562 73,948 76,334 78,719 81,105 83,491 85,877 88,262 90,648 93,034 SALARY TABLE NO. 95±CLEÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 4.23% FOR THE LOCALITY PAY AREA OF CLEVELAND-AKRON, OH (NET INCREASE: 2.88 %) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,655 $13,077 $13,497 $13,917 $14,339 $14,586 $15,000 $15,419 $15,438 $15,825 GS±2 ...... 14,227 14,566 15,038 15,438 15,607 16,066 16,525 16,983 17,442 17,900 GS±3 ...... 15,525 16,043 16,561 17,079 17,597 18,115 18,633 19,151 19,669 20,187 GS±4 ...... 17,428 18,009 18,589 19,170 19,751 20,331 20,912 21,492 22,073 22,653 GS±5 ...... 19,498 20,149 20,799 21,449 22,100 22,750 23,401 24,051 24,701 25,352 GS±6 ...... 21,734 22,458 23,183 23,907 24,632 25,356 26,080 26,805 27,529 28,254 GS±7 ...... 24,151 24,956 25,760 26,565 27,370 28,174 28,979 29,784 30,588 31,393 GS±8 ...... 26,748 27,639 28,530 29,421 30,312 31,203 32,095 32,986 33,877 34,768 GS±9 ...... 29,544 30,529 31,514 32,499 33,484 34,469 35,454 36,439 37,424 38,409 GS±10 ...... 32,535 33,620 34,705 35,790 36,876 37,961 39,046 40,131 41,216 42,301 GS±11 ...... 35,746 36,937 38,128 39,320 40,511 41,702 42,894 44,085 45,276 46,468 GS±12 ...... 42,843 44,271 45,699 47,127 48,555 49,982 51,410 52,838 54,266 55,694 GS±13 ...... 50,946 52,643 54,341 56,039 57,737 59,435 61,133 62,831 64,529 66,227 GS±14 ...... 60,203 62,210 64,216 66,223 68,229 70,235 72,242 74,248 76,255 78,261 GS±15 ...... 70,815 73,176 75,537 77,897 80,258 82,619 84,980 87,341 89,701 92,062 SALARY TABLE NO. 95±COLÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.30% FOR THE LOCALITY PAY AREA OF COLUMBUS, OH (NET INCREASE: 4.19%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,784 $13,211 $13,635 $14,060 $14,486 $14,736 $15,154 $15,577 $15,596 $15,988 2 ...... 14,373 14,716 15,193 15,596 15,768 16,231 16,694 17,158 17,621 18,084 3 ...... 15,684 16,208 16,731 17,254 17,778 18,301 18,824 19,348 19,871 20,395 4 ...... 17,607 18,194 18,780 19,367 19,953 20,540 21,126 21,713 22,299 22,886 5 ...... 19,698 20,356 21,013 21,670 22,327 22,984 23,641 24,298 24,955 25,612 6 ...... 21,957 22,689 23,421 24,153 24,884 25,616 26,348 27,080 27,812 28,544 7 ...... 24,399 25,212 26,025 26,838 27,651 28,464 29,277 30,089 30,902 31,715 8 ...... 27,022 27,922 28,823 29,723 30,623 31,524 32,424 33,324 34,225 35,125 9 ...... 29,847 30,842 31,837 32,833 33,828 34,823 35,818 36,813 37,808 38,803 10 ...... 32,869 33,966 35,062 36,158 37,254 38,350 39,446 40,543 41,639 42,735 11 ...... 36,113 37,316 38,520 39,723 40,927 42,131 43,334 44,538 45,741 46,945 12 ...... 43,283 44,725 46,168 47,610 49,053 50,496 51,938 53,381 54,823 56,266 13 ...... 51,469 53,184 54,899 56,615 58,330 60,045 61,761 63,476 65,191 66,907 14 ...... 60,821 62,848 64,875 66,902 68,929 70,956 72,983 75,010 77,037 79,065 15 ...... 71,542 73,927 76,312 78,697 81,082 83,467 85,852 88,237 90,622 93,007 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7339 SALARY TABLE NO. 95±DFWÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.65% FOR THE LOCALITY PAY AREA OF DALLAS-FORTH WORTH, TX (NET INCREASE: 3.41%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,827 $13,255 $13,681 $14,106 $14,534 $14,785 $15,204 $15,629 $15,648 $16,041 GS±2 ...... 14,421 14,765 15,243 15,648 15,820 16,285 16,750 17,215 17,679 18,144 GS±3 ...... 15,737 16,262 16,787 17,312 17,837 18,362 18,887 19,412 19,937 20,462 GS±4 ...... 17,666 18,254 18,843 19,431 20,020 20,608 21,197 21,785 22,374 22,962 GS±5 ...... 19,764 20,423 21,082 21,742 22,401 23,060 23,719 24,379 25,038 25,697 GS±6 ...... 22,030 22,764 23,499 24,233 24,967 25,701 26,436 27,170 27,904 28,639 GS±7 ...... 24,480 25,296 26,111 26,927 27,743 28,558 29,374 30,189 31,005 31,821 GS±8 ...... 27,112 28,015 28,919 29,822 30,725 31,628 32,532 33,435 34,338 35,242 GS±9 ...... 29,946 30,945 31,943 32,942 33,940 34,938 35,937 36,935 37,934 38,932 GS±10 ...... 32,979 34,078 35,178 36,278 37,378 38,478 39,578 40,677 41,777 42,877 GS±11 ...... 36,233 37,440 38,648 39,855 41,063 42,271 43,478 44,686 45,893 47,101 GS±12 ...... 43,426 44,874 46,321 47,769 49,216 50,663 52,111 53,558 55,006 56,453 GS±13 ...... 51,640 53,361 55,082 56,803 58,524 60,245 61,966 63,687 65,408 67,129 GS±14 ...... 61,023 63,057 65,091 67,125 69,158 71,192 73,226 75,260 77,294 79,327 GS±15 ...... 71,780 74,173 76,566 78,959 81,352 83,745 86,138 88,530 90,923 93,316 SALARY TABLE NO. 95±DAYÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.19% FOR THE LOCALITY PAY AREA OF DAYTON-SPRINGFIELD, OH (NET INCREASE: 3.40%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,771 $13,197 $13,621 $14,045 $14,471 $14,720 $15,138 $15,561 $15,580 $15,971 GS±2 ...... 14,358 14,700 15,177 15,580 15,751 16,214 16,677 17,140 17,602 18,065 GS±3 ...... 15,668 16,191 16,714 17,236 17,759 18,282 18,805 19,328 19,850 20,373 GS±4 ...... 17,589 18,175 18,761 19,347 19,932 20,518 21,104 21,690 22,276 22,862 GS±5 ...... 19,678 20,334 20,991 21,647 22,303 22,960 23,616 24,273 24,929 25,585 GS±6 ...... 21,934 22,665 23,396 24,127 24,859 25,590 26,321 27,052 27,783 28,514 GS±7 ...... 24,374 25,186 25,998 26,810 27,622 28,434 29,246 30,058 30,870 31,682 GS±8 ...... 26,994 27,893 28,793 29,692 30,591 31,491 32,390 33,289 34,189 35,088 GS±9 ...... 29,816 30,810 31,804 32,798 33,792 34,786 35,780 36,774 37,768 38,763 GS±10 ...... 32,835 33,930 35,025 36,120 37,215 38,310 39,405 40,500 41,595 42,690 GS±11 ...... 36,075 37,277 38,480 39,682 40,884 42,087 43,289 44,491 45,693 46,896 GS±12 ...... 43,237 44,678 46,120 47,561 49,002 50,443 51,884 53,325 54,766 56,207 GS±13 ...... 51,415 53,128 54,842 56,555 58,269 59,982 61,696 63,410 65,123 66,837 GS±14 ...... 60,758 62,783 64,808 66,832 68,857 70,882 72,907 74,932 76,957 78,982 GS±15 ...... 71,467 73,850 76,232 78,615 80,997 83,380 85,762 88,145 90,528 92,910 SALARY TABLE NO. 95±DENÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.75% FOR THE LOCALITY PAY AREA OF DENVER-BOULDER-GREELEY, CO (NET INCREASE: 3.18%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,839 $13,267 $13,694 $14,120 $14,548 $14,799 $15,218 $15,644 $15,663 $16,056 GS±2 ...... 14,435 14,779 15,258 15,663 15,835 16,300 16,766 17,231 17,696 18,162 GS±3 ...... 15,751 16,277 16,803 17,328 17,854 18,379 18,905 19,431 19,956 20,482 GS±4 ...... 17,682 18,271 18,861 19,450 20,039 20,628 21,217 21,806 22,395 22,984 GS±5 ...... 19,783 20,443 21,102 21,762 22,422 23,082 23,742 24,402 25,062 25,722 GS±6 ...... 22,051 22,786 23,521 24,256 24,991 25,726 26,461 27,196 27,931 28,666 GS±7 ...... 24,503 25,320 26,136 26,953 27,769 28,585 29,402 30,218 31,034 31,851 GS±8 ...... 27,138 28,042 28,946 29,850 30,754 31,658 32,563 33,467 34,371 35,275 GS±9 ...... 29,975 30,974 31,974 32,973 33,972 34,972 35,971 36,970 37,970 38,969 GS±10 ...... 33,010 34,111 35,212 36,312 37,413 38,514 39,615 40,716 41,817 42,918 GS±11 ...... 36,267 37,476 38,684 39,893 41,102 42,311 43,519 44,728 45,937 47,145 GS±12 ...... 43,467 44,916 46,365 47,814 49,263 50,711 52,160 53,609 55,058 56,506 GS±13 ...... 51,688 53,411 55,134 56,856 58,579 60,302 62,024 63,747 65,470 67,192 GS±14 ...... 61,081 63,117 65,153 67,188 69,224 71,260 73,295 75,331 77,367 79,402 GS±15 ...... 71,848 74,243 76,638 79,033 81,429 83,824 86,219 88,614 91,010 93,405 7340 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±DETÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 6.59% FOR THE LOCALITY PAY AREA OF DETROIT-ANN ARBOR-FLINT, MI (NET INCREASE: 3.70%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,941 $13,373 $13,802 $14,232 $14,664 $14,916 $15,339 $15,768 $15,787 $16,184 GS±2 ...... 14,550 14,896 15,379 15,787 15,961 16,430 16,899 17,368 17,837 18,306 GS±3 ...... 15,877 16,406 16,936 17,466 17,996 18,525 19,055 19,585 20,115 20,644 GS±4 ...... 17,823 18,417 19,010 19,604 20,198 20,791 21,385 21,979 22,573 23,166 GS±5 ...... 19,940 20,605 21,270 21,935 22,600 23,265 23,931 24,596 25,261 25,926 GS±6 ...... 22,226 22,967 23,708 24,449 25,189 25,930 26,671 27,412 28,153 28,893 GS±7 ...... 24,698 25,521 26,344 27,167 27,989 28,812 29,635 30,458 31,281 32,104 GS±8 ...... 27,353 28,264 29,176 30,087 30,999 31,910 32,821 33,733 34,644 35,555 GS±9 ...... 30,213 31,220 32,227 33,235 34,242 35,249 36,257 37,264 38,271 39,278 GS±10 ...... 33,272 34,382 35,491 36,601 37,710 38,820 39,930 41,039 42,149 43,258 GS±11 ...... 36,555 37,773 38,992 40,210 41,428 42,647 43,865 45,083 46,302 47,520 GS±12 ...... 43,813 45,273 46,733 48,194 49,654 51,114 52,574 54,035 55,495 56,955 GS±13 ...... 52,099 53,835 55,572 57,308 59,044 60,781 62,517 64,254 65,990 67,726 GS±14 ...... 61,566 63,618 65,670 67,722 69,774 71,826 73,878 75,929 77,981 80,033 GS±15 ...... 72,418 74,833 77,247 79,661 82,075 84,490 86,904 89,318 91,732 94,147 SALARY TABLE NO. 95±HOUÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 8.53% FOR THE LOCALITY PAY AREA OF HOUSTON-GALVESTON-BRAZORIA, TX (NET INCREASE: 3.92%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $13,177 $13,616 $14,054 $14,491 $14,930 $15,188 $15,619 $16,055 $16,074 $16,478 GS±2 ...... 14,814 15,167 15,659 16,074 16,251 16,729 17,206 17,684 18,161 18,639 GS±3 ...... 16,166 16,705 17,244 17,784 18,323 18,863 19,402 19,941 20,481 21,020 GS±4 ...... 18,147 18,752 19,356 19,961 20,565 21,170 21,774 22,379 22,983 23,588 GS±5 ...... 20,303 20,980 21,657 22,334 23,012 23,689 24,366 25,043 25,721 26,398 GS±6 ...... 22,631 23,385 24,139 24,894 25,648 26,402 27,156 27,911 28,665 29,419 GS±7 ...... 25,147 25,985 26,823 27,661 28,499 29,337 30,175 31,012 31,850 32,688 GS±8 ...... 27,851 28,779 29,707 30,635 31,563 32,491 33,419 34,346 35,274 36,202 GS±9 ...... 30,763 31,788 32,814 33,840 34,865 35,891 36,916 37,942 38,968 39,993 GS±10 ...... 33,878 35,007 36,137 37,267 38,397 39,527 40,656 41,786 42,916 44,046 GS±11 ...... 37,220 38,461 39,701 40,942 42,182 43,423 44,663 45,904 47,144 48,385 GS±12 ...... 44,610 46,097 47,584 49,071 50,558 52,044 53,531 55,018 56,505 57,992 GS±13 ...... 53,047 54,815 56,583 58,351 60,119 61,887 63,655 65,423 67,191 68,959 GS±14 ...... 62,687 64,776 66,865 68,955 71,044 73,133 75,222 77,311 79,401 81,490 GS±15 ...... 73,736 76,195 78,653 81,111 83,569 86,027 88,486 90,944 93,402 95,860 SALARY TABLE NO. 95±HNTÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 4.39% FOR THE LOCALITY PAY AREA OF HUNTSVILLE, AL (NET INCREASE: 2.28%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,674 $13,097 $13,517 $13,938 $14,361 $14,608 $15,023 $15,442 $15,461 $15,850 GS±2 ...... 14,249 14,589 15,061 15,461 15,631 16,091 16,550 17,009 17,469 17,928 GS±3 ...... 15,549 16,068 16,587 17,105 17,624 18,143 18,662 19,181 19,699 20,218 GS±4 ...... 17,455 18,037 18,618 19,199 19,781 20,362 20,944 21,525 22,107 22,688 GS±5 ...... 19,528 20,180 20,831 21,482 22,134 22,785 23,437 24,088 24,739 25,391 GS±6 ...... 21,767 22,493 23,218 23,944 24,669 25,395 26,120 26,846 27,571 28,297 GS±7 ...... 24,188 24,994 25,800 26,606 27,412 28,218 29,024 29,829 30,635 31,441 GS±8 ...... 26,789 27,681 28,574 29,466 30,359 31,251 32,144 33,036 33,929 34,821 GS±9 ...... 29,589 30,576 31,562 32,549 33,535 34,522 35,508 36,495 37,481 38,468 GS±10 ...... 32,585 33,672 34,759 35,845 36,932 38,019 39,106 40,192 41,279 42,366 GS±11 ...... 35,801 36,994 38,187 39,380 40,573 41,766 42,960 44,153 45,346 46,539 GS±12 ...... 42,908 44,339 45,769 47,199 48,629 50,059 51,489 52,919 54,350 55,780 GS±13 ...... 51,024 52,724 54,425 56,125 57,826 59,526 61,227 62,927 64,628 66,328 GS±14 ...... 60,296 62,305 64,315 66,324 68,334 70,343 72,353 74,362 76,372 78,381 GS±15 ...... 70,924 73,288 75,652 78,017 80,381 82,746 85,110 87,475 89,839 92,204 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7341 SALARY TABLE NO. 95±INDÐINCORPORATING THE 2.00 PERCENT GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 4.58 PERCENT FOR THE LOCALITY PAY AREA OF INDIANAPOLIS, IN (NET INCREASE: 2.89 PERCENT) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,697 $13,121 $13,542 $13,964 $14,387 $14,635 $15,050 $15,471 $15,489 $15,878 GS±2 ...... 14,275 14,615 15,089 15,489 15,660 16,120 16,580 17,040 17,500 17,961 GS±3 ...... 15,577 16,097 16,617 17,136 17,656 18,176 18,696 19,216 19,735 20,255 GS±4 ...... 17,487 18,069 18,652 19,234 19,817 20,399 20,982 21,564 22,147 22,729 GS±5 ...... 19,564 20,216 20,869 21,522 22,174 22,827 23,479 24,132 24,784 25,437 GS±6 ...... 21,807 22,534 23,261 23,988 24,714 25,441 26,168 26,895 27,622 28,349 GS±7 ...... 24,232 25,040 25,847 26,654 27,462 28,269 29,076 29,884 30,691 31,498 GS±8 ...... 26,837 27,731 28,626 29,520 30,414 31,308 32,202 33,096 33,991 34,885 GS±9 ...... 29,643 30,631 31,620 32,608 33,596 34,585 35,573 36,561 37,549 38,538 GS±10 ...... 32,645 33,733 34,822 35,911 36,999 38,088 39,177 40,265 41,354 42,443 GS±11 ...... 35,866 37,061 38,256 39,452 40,647 41,842 43,038 44,233 45,429 46,624 GS±12 ...... 42,987 44,419 45,852 47,285 48,718 50,150 51,583 53,016 54,449 55,881 GS±13 ...... 51,117 52,820 54,524 56,227 57,931 59,635 61,338 63,042 64,745 66,449 GS±14 ...... 60,405 62,419 64,432 66,445 68,458 70,471 72,484 74,498 76,511 78,524 GS±15 ...... 71,053 73,421 75,790 78,159 80,528 82,896 85,265 87,634 90,003 92,371 SALARY TABLE NO. 95±KCÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 3.97% FOR THE LOCALITY PAY AREA OF KANSAS CITY, MO-KS (NET INCREASE: 2.66%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,623 $13,044 $13,463 $13,882 $14,303 $14,550 $14,962 $15,380 $15,399 $15,786 GS±2 ...... 14,192 14,530 15,001 15,399 15,568 16,026 16,483 16,941 17,398 17,856 GS±3 ...... 15,486 16,003 16,520 17,037 17,553 18,070 18,587 19,103 19,620 20,137 GS±4 ...... 17,385 17,964 18,543 19,122 19,701 20,280 20,860 21,439 22,018 22,597 GS±5 ...... 19,450 20,098 20,747 21,396 22,045 22,694 23,342 23,991 24,640 25,289 GS±6 ...... 21,680 22,402 23,125 23,848 24,570 25,293 26,015 26,738 27,461 28,183 GS±7 ...... 24,091 24,894 25,696 26,499 27,301 28,104 28,907 29,709 30,512 31,315 GS±8 ...... 26,681 27,570 28,459 29,348 30,237 31,125 32,014 32,903 33,792 34,681 GS±9 ...... 29,470 30,453 31,435 32,418 33,400 34,383 35,365 36,348 37,330 38,313 GS±10 ...... 32,454 33,537 34,619 35,701 36,784 37,866 38,948 40,031 41,113 42,195 GS±11 ...... 35,657 36,845 38,033 39,222 40,410 41,598 42,787 43,975 45,164 46,352 GS±12 ...... 42,736 44,160 45,585 47,009 48,433 49,858 51,282 52,707 54,131 55,555 GS±13 ...... 50,818 52,512 54,206 55,899 57,593 59,287 60,980 62,674 64,368 66,061 GS±14 ...... 60,053 62,054 64,056 66,057 68,059 70,060 72,062 74,063 76,064 78,066 GS±15 ...... 70,638 72,993 75,348 77,703 80,058 82,413 84,768 87,123 89,478 91,833 SALARY TABLE NO. 95±LAÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 7.39% FOR THE LOCALITY PAY AREAS OF LOS ANGELES-REVERSIDE-ORANGE COUNTY, CA (INCLUDING SANTA BAR- BARA COUNTY AND ALL OF EDWARDS AIR FORCE BASE) (NET INCREASE: 3.64% FOR SANTA BARBARA CO./EDWARDS AFB) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $13,038 $13,473 $13,906 $14,339 $14,774 $15,028 $15,454 $15,886 $15,906 $16,305 GS±2 ...... 14,659 15,008 15,494 15,906 16,081 16,553 17,026 17,498 17,971 18,443 GS±3 ...... 15,996 16,529 17,063 17,597 18,131 18,664 19,198 19,732 20,266 20,799 GS±4 ...... 17,957 18,555 19,153 19,751 20,349 20,947 21,546 22,144 22,742 23,340 GS±5 ...... 20,089 20,760 21,430 22,100 22,770 23,440 24,110 24,780 25,450 26,120 GS±6 ...... 22,393 23,139 23,886 24,632 25,378 26,125 26,871 27,617 28,364 29,110 GS±7 ...... 24,883 25,712 26,541 27,370 28,200 29,029 29,858 30,687 31,516 32,345 GS±8 ...... 27,558 28,477 29,395 30,313 31,231 32,149 33,068 33,986 34,904 35,822 GS±9 ...... 30,440 31,455 32,469 33,484 34,499 35,514 36,529 37,544 38,558 39,573 GS±10 ...... 33,522 34,640 35,758 36,876 37,994 39,111 40,229 41,347 42,465 43,583 GS±11 ...... 36,829 38,057 39,284 40,512 41,739 42,967 44,194 45,422 46,649 47,877 GS±12 ...... 44,142 45,613 47,084 48,555 50,027 51,498 52,969 54,440 55,912 57,383 GS±13 ...... 52,490 54,239 55,989 57,738 59,488 61,237 62,986 64,736 66,485 68,235 GS±14 ...... 62,028 64,096 66,163 68,230 70,297 72,365 74,432 76,499 78,567 80,634 7342 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±LAÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 7.39% FOR THE LOCALITY PAY AREAS OF LOS ANGELES-REVERSIDE-ORANGE COUNTY, CA (INCLUDING SANTA BAR- BARA COUNTY AND ALL OF EDWARDS AIR FORCE BASE) (NET INCREASE: 3.64% FOR SANTA BARBARA CO./EDWARDS AFB)ÐContinued [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±15 ...... 72,962 75,394 77,827 80,259 82,691 85,124 87,556 89,989 92,421 94,853 NOTE: General Schedule employees in the Los Angeles-Riverside-Orange County, CA, IGA area are entitled to higher rates of pay under sal- ary table 95±IGA. SALARY TABLE NO. 95±MFLÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.39% FOR THE LOCALITY PAY AREA OF MIAMI-FORT LAUDERDALE, FL (NET INCREASE: 4.28%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,795 $13,222 $13,647 $14,072 $14,499 $14,748 $15,167 $15,590 $15,609 $16,001 GS±2 ...... 14,386 14,728 15,206 15,609 15,781 16,245 16,709 17,172 17,636 18,100 GS±3 ...... 15,698 16,222 16,745 17,269 17,793 18,317 18,841 19,364 19,888 20,412 GS±4 ...... 17,622 18,209 18,796 19,383 19,970 20,557 21,144 21,731 22,318 22,905 GS±5 ...... 19,715 20,373 21,031 21,688 22,346 23,003 23,661 24,319 24,976 25,634 GS±6 ...... 21,976 22,708 23,441 24,173 24,906 25,638 26,371 27,103 27,836 28,568 GS±7 ...... 24,420 25,234 26,047 26,861 27,674 28,488 29,302 30,115 30,929 31,742 GS±8 ...... 27,045 27,946 28,847 29,748 30,650 31,551 32,452 33,353 34,254 35,155 GS±9 ...... 29,873 30,869 31,865 32,861 33,857 34,852 35,848 36,844 37,840 38,836 GS±10 ...... 32,897 33,995 35,092 36,189 37,286 38,383 39,480 40,577 41,674 42,771 GS±11 ...... 36,144 37,348 38,553 39,757 40,962 42,167 43,371 44,576 45,780 46,985 GS±12 ...... 43,320 44,763 46,207 47,651 49,095 50,539 51,983 53,426 54,870 56,314 GS±13 ...... 51,513 53,229 54,946 56,663 58,380 60,097 61,813 63,530 65,247 66,964 GS±14 ...... 60,873 62,902 64,931 66,960 68,988 71,017 73,046 75,075 77,103 79,132 GS±15 ...... 71,603 73,990 76,377 78,764 81,151 83,538 85,926 88,313 90,700 93,087 SALARY TABLE NO. 95±NYÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 7.30% FOR THE LOCALITY PAY AREA OF NEW YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-JN-CT-PA [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $13,027 $13,462 $13,894 $14,327 $14,761 $15,016 $15,442 $15,873 $15,892 $16,291 GS±2 ...... 14,646 14,995 15,481 15,892 16,067 16,539 17,011 17,483 17,956 18,428 GS±3 ...... 15,982 16,516 17,049 17,582 18,115 18,649 19,182 19,715 20,249 20,782 GS±4 ...... 17,942 18,539 19,137 19,735 20,332 20,930 21,528 22,125 22,723 23,321 GS±5 ...... 20,073 20,742 21,412 22,081 22,751 23,420 24,090 24,759 25,429 26,099 GS±6 ...... 22,374 23,120 23,866 24,611 25,357 26,103 26,849 27,594 28,340 29,086 GS±7 ...... 24,862 25,691 26,519 27,348 28,176 29,004 29,833 30,661 31,489 32,318 GS±8 ...... 27,535 28,453 29,370 30,288 31,205 32,122 33,040 33,957 34,875 35,792 GS±9 ...... 30,414 31,428 32,442 33,456 34,470 35,484 36,498 37,512 38,526 39,540 GS±10 ...... 33,494 34,611 35,728 36,845 37,962 39,079 40,196 41,313 42,430 43,547 GS±11 ...... 36,799 38,025 39,251 40,478 41,704 42,931 44,157 45,384 46,610 47,836 GS±12 ...... 44,105 45,575 47,045 48,515 49,985 51,455 52,925 54,395 55,865 57,335 GS±13 ...... 52,446 54,194 55,942 57,690 59,438 61,186 62,934 64,682 66,429 68,177 GS±14 ...... 61,976 64,042 66,108 68,173 70,239 72,304 74,370 76,435 78,501 80,566 GS±15 ...... 72,901 75,331 77,761 80,192 82,622 85,052 87,483 89,913 92,343 94,774 NOTE: General Schedule employees in the New York-Northern New Jersey-Long Island, NY±NJ±CT±PA locality pay area are entitled to higher rates of pay under salary table 95±IGA. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7343 SALARY TABLE NO. 95±PHLÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 6.26% FOR THE LOCALITY PAY AREA OF PHILADELPHIA-WILMINGTON-ATLANTIC CITY, PA-NJ-DE-MD (NET INCREASE: 3.26%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,901 $13,331 $13,760 $14,188 $14,618 $14,870 $15,292 $15,719 $15,738 $16,133 GS±2 ...... 14,504 14,850 15,331 15,738 15,911 16,379 16,846 17,314 17,782 18,249 GS±3 ...... 15,827 16,356 16,884 17,412 17,940 18,468 18,996 19,524 20,052 20,580 GS±4 ...... 17,768 18,360 18,951 19,543 20,135 20,727 21,319 21,911 22,503 23,095 GS±5 ...... 19,878 20,541 21,204 21,867 22,530 23,193 23,856 24,519 25,183 25,846 GS±6 ...... 22,157 22,896 23,634 24,373 25,111 25,850 26,588 27,327 28,065 28,804 GS±7 ...... 24,622 25,442 26,262 27,082 27,903 28,723 29,543 30,364 31,184 32,004 GS±8 ...... 27,268 28,177 29,085 29,994 30,903 31,811 32,720 33,628 34,537 35,445 GS±9 ...... 30,119 31,124 32,128 33,132 34,136 35,140 36,144 37,148 38,153 39,157 GS±10 ...... 33,169 34,275 35,381 36,488 37,594 38,700 39,806 40,912 42,018 43,125 GS±11 ...... 36,442 37,656 38,871 40,086 41,300 42,515 43,729 44,944 46,158 47,373 GS±12 ...... 43,677 45,133 46,589 48,044 49,500 50,956 52,412 53,867 55,323 56,779 GS±13 ...... 51,938 53,669 55,400 57,131 58,862 60,593 62,324 64,055 65,786 67,517 GS±14 ...... 61,376 63,421 65,467 67,512 69,558 71,603 73,649 75,694 77,740 79,785 GS±15 ...... 72,194 74,601 77,008 79,414 81,821 84,228 86,635 89,042 91,448 93,855 SALARY TABLE NO. 95±PORÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 4.71% FOR THE LOCALITY PAY AREA OF PORTLAND-SALEM, OR-WA (NET INCREASE: 3.60%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,713 $13,137 $13,559 $13,981 $14,405 $14,653 $15,069 $15,490 $15,509 $15,898 GS±2 ...... 14,293 14,633 15,108 15,509 15,679 16,140 16,601 17,061 17,522 17,983 GS±3 ...... 15,597 16,117 16,637 17,158 17,678 18,199 18,719 19,239 19,760 20,280 GS±4 ...... 17,509 18,092 18,675 19,258 19,841 20,425 21,008 21,591 22,174 22,758 GS±5 ...... 19,588 20,241 20,895 21,548 22,202 22,855 23,508 24,162 24,815 25,469 GS±6 ...... 21,834 22,562 23,290 24,017 24,745 25,473 26,201 26,928 27,656 28,384 GS±7 ...... 24,262 25,071 25,879 26,687 27,496 28,304 29,113 29,921 30,729 31,538 GS±8 ...... 26,871 27,766 28,661 29,556 30,452 31,347 32,242 33,138 34,033 34,928 GS±9 ...... 29,680 30,670 31,659 32,649 33,638 34,628 35,617 36,607 37,596 38,586 GS±10 ...... 32,685 33,775 34,865 35,955 37,045 38,135 39,225 40,315 41,405 42,496 GS±11 ...... 35,910 37,107 38,304 39,501 40,698 41,894 43,091 44,288 45,485 46,682 GS±12 ...... 43,040 44,475 45,909 47,344 48,778 50,213 51,647 53,082 54,516 55,951 GS±13 ...... 51,180 52,886 54,592 56,297 58,003 59,709 61,415 63,120 64,826 66,532 GS±14 ...... 60,480 62,496 64,512 66,527 68,543 70,559 72,575 74,590 76,606 78,622 GS±15 ...... 71,141 73,513 75,884 78,256 80,628 82,999 85,371 87,743 90,114 92,486 SALARY TABLE NO. 95±RCHÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 4.00% FOR THE LOCALITY PAY AREA OF RICHMOND-PETERSBURG, VA (NET INCREASE: 2.90%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,627 $13,048 $13,467 $13,886 $14,307 $14,554 $14,967 $15,385 $15,403 $15,790 GS±2 ...... 14,196 14,534 15,005 15,403 15,573 16,031 16,488 16,946 17,403 17,861 GS±3 ...... 15,491 16,008 16,525 17,041 17,558 18,075 18,592 19,109 19,626 20,143 GS±4 ...... 17,390 17,969 18,548 19,128 19,707 20,286 20,866 21,445 22,024 22,603 GS±5 ...... 19,455 20,104 20,753 21,402 22,051 22,700 23,349 23,998 24,647 25,296 GS±6 ...... 21,686 22,409 23,132 23,854 24,577 25,300 26,023 26,746 27,468 28,191 GS±7 ...... 24,098 24,901 25,704 26,506 27,309 28,112 28,915 29,718 30,521 31,324 GS±8 ...... 26,688 27,578 28,467 29,356 30,245 31,134 32,024 32,913 33,802 34,691 GS±9 ...... 29,479 30,462 31,444 32,427 33,410 34,393 35,376 36,358 37,341 38,324 GS±10 ...... 32,464 33,546 34,629 35,712 36,794 37,877 38,959 40,042 41,125 42,207 GS±11 ...... 35,667 36,856 38,044 39,233 40,422 41,610 42,799 43,988 45,177 46,365 GS±12 ...... 42,748 44,173 45,598 47,023 48,447 49,872 51,297 52,722 54,147 55,571 GS±13 ...... 50,833 52,527 54,221 55,916 57,610 59,304 60,998 62,692 64,386 66,081 GS±14 ...... 60,070 62,072 64,074 66,076 68,078 70,080 72,082 74,084 76,086 78,088 GS±15 ...... 70,659 73,014 75,370 77,725 80,081 82,437 84,792 87,148 89,503 91,859 7344 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±SACÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.27% FOR THE LOCALITY PAY AREA OF SACRAMENTO-YOLO, CA (NET INCREASE: 3.55%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,781 $13,207 $13,631 $14,056 $14,482 $14,731 $15,149 $15,573 $15,592 $15,983 GS±2 ...... 14,369 14,711 15,188 15,592 15,763 16,226 16,690 17,153 17,616 18,079 GS±3 ...... 15,680 16,203 16,726 17,250 17,773 18,296 18,819 19,342 19,866 20,389 GS±4 ...... 17,602 18,189 18,775 19,361 19,948 20,534 21,120 21,707 22,293 22,879 GS±5 ...... 19,693 20,350 21,007 21,664 22,320 22,977 23,634 24,291 24,948 25,605 GS±6 ...... 21,951 22,683 23,414 24,146 24,877 25,609 26,341 27,072 27,804 28,536 GS±7 ...... 24,392 25,205 26,017 26,830 27,643 28,456 29,268 30,081 30,894 31,706 GS±8 ...... 27,014 27,914 28,815 29,715 30,615 31,515 32,415 33,315 34,215 35,115 GS±9 ...... 29,839 30,834 31,828 32,823 33,818 34,813 35,808 36,802 37,797 38,792 GS±10 ...... 32,860 33,956 35,052 36,148 37,243 38,339 39,435 40,531 41,627 42,723 GS±11 ...... 36,102 37,306 38,509 39,712 40,915 42,119 43,322 44,525 45,728 46,931 GS±12 ...... 43,270 44,712 46,155 47,597 49,039 50,481 51,923 53,366 54,808 56,250 GS±13 ...... 51,454 53,169 54,884 56,598 58,313 60,028 61,743 63,458 65,173 66,888 GS±14 ...... 60,804 62,830 64,857 66,883 68,910 70,936 72,963 74,989 77,016 79,042 GS±15 ...... 71,521 73,906 76,290 78,675 81,059 83,443 85,828 88,212 90,596 92,981 SALARY TABLE NO. 95±STLÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 4.28% FOR THE LOCALITY PAY AREA OF ST. LOUIS, MO-IL (NET INCREASE: 3.18%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,661 $13,083 $13,503 $13,923 $14,346 $14,593 $15,007 $15,426 $15,445 $15,833 GS±2 ...... 14,234 14,573 15,046 15,445 15,615 16,074 16,533 16,991 17,450 17,909 GS±3 ...... 15,533 16,051 16,569 17,087 17,606 18,124 18,642 19,160 19,679 20,197 GS±4 ...... 17,437 18,017 18,598 19,179 19,760 20,341 20,922 21,503 22,083 22,664 GS±5 ...... 19,508 20,158 20,809 21,460 22,110 22,761 23,412 24,063 24,713 25,364 GS±6 ...... 21,744 22,469 23,194 23,919 24,643 25,368 26,093 26,818 27,542 28,267 GS±7 ...... 24,163 24,968 25,773 26,578 27,383 28,188 28,993 29,798 30,603 31,408 GS±8 ...... 26,760 27,652 28,544 29,435 30,327 31,218 32,110 33,001 33,893 34,785 GS±9 ...... 29,558 30,544 31,529 32,515 33,500 34,485 35,471 36,456 37,442 38,427 GS±10 ...... 32,551 33,637 34,722 35,808 36,893 37,979 39,064 40,150 41,235 42,321 GS±11 ...... 35,763 36,955 38,147 39,339 40,531 41,722 42,914 44,106 45,298 46,490 GS±12 ...... 42,863 44,292 45,721 47,149 48,578 50,006 51,435 52,864 54,292 55,721 GS±13 ...... 50,970 52,669 54,367 56,066 57,765 59,464 61,162 62,861 64,560 66,258 GS±14 ...... 60,232 62,240 64,247 66,254 68,262 70,269 72,276 74,284 76,291 78,299 GS±15 ...... 70,849 73,211 75,573 77,935 80,297 82,659 85,021 87,382 89,744 92,106 SALARY TABLE NO. 95±SDÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 6.14% FOR THE LOCALITY PAY AREA OF SAN DIEGO, CA (NET INCREASE: 4.22%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,886 $13,316 $13,744 $14,172 $14,602 $14,853 $15,275 $15,701 $15,720 $16,115 GS±2 ...... 14,488 14,833 15,314 15,720 15,893 16,360 16,827 17,294 17,761 18,228 GS±3 ...... 15,810 16,337 16,865 17,392 17,920 18,447 18,975 19,502 20,030 20,557 GS±4 ...... 17,748 18,339 18,930 19,521 20,112 20,704 21,295 21,886 22,477 23,068 GS±5 ...... 19,856 20,518 21,180 21,843 22,505 23,167 23,829 24,492 25,154 25,816 GS±6 ...... 22,132 22,870 23,608 24,345 25,083 25,821 26,558 27,296 28,034 28,771 GS±7 ...... 24,594 25,413 26,233 27,052 27,871 28,691 29,510 30,330 31,149 31,968 GS±8 ...... 27,238 28,145 29,053 29,960 30,868 31,775 32,683 33,590 34,498 35,405 GS±9 ...... 30,085 31,088 32,091 33,094 34,097 35,100 36,104 37,107 38,110 39,113 GS±10 ...... 33,132 34,237 35,341 36,446 37,551 38,656 39,761 40,866 41,971 43,076 GS±11 ...... 36,401 37,614 38,827 40,040 41,253 42,467 43,680 44,893 46,106 47,319 GS±12 ...... 43,628 45,082 46,536 47,990 49,444 50,898 52,352 53,807 55,261 56,715 GS±13 ...... 51,879 53,608 55,337 57,066 58,795 60,524 62,253 63,982 65,711 67,440 GS±14 ...... 61,306 63,350 65,393 67,436 69,479 71,522 73,566 75,609 77,652 79,695 GS±15 ...... 72,113 74,517 76,921 79,325 81,729 84,133 86,537 88,941 91,345 93,749 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7345 SALARY TABLE NO. 95±SFÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 8.14% FOR THE LOCALITY PAY AREA OF SAN FRANCISCO-OAKLAND-SAN JOSE, CA (NET INCREASE: 2.13%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $13,129 $13,567 $14,003 $14,439 $14,877 $15,133 $15,562 $15,997 $16,017 $16,419 GS±2 ...... 14,761 15,113 15,602 16,017 16,193 16,669 17,145 17,620 18,096 18,572 GS±3 ...... 16,107 16,645 17,182 17,720 18,257 18,795 19,332 19,870 20,407 20,945 GS±4 ...... 18,082 18,684 19,287 19,889 20,491 21,094 21,696 22,298 22,901 23,503 GS±5 ...... 20,230 20,905 21,579 22,254 22,929 23,604 24,279 24,953 25,628 26,303 GS±6 ...... 22,549 23,301 24,052 24,804 25,556 26,307 27,059 27,810 28,562 29,314 GS±7 ...... 25,057 25,892 26,727 27,562 28,396 29,231 30,066 30,901 31,736 32,571 GS±8 ...... 27,751 28,675 29,600 30,525 31,449 32,374 33,298 34,223 35,148 36,072 GS±9 ...... 30,652 31,674 32,696 33,718 34,740 35,762 36,784 37,806 38,828 39,850 GS±10 ...... 33,756 34,882 36,007 37,133 38,259 39,385 40,510 41,636 42,762 43,888 GS±11 ...... 37,087 38,323 39,559 40,795 42,031 43,267 44,503 45,739 46,975 48,211 GS±12 ...... 44,450 45,931 47,413 48,894 50,376 51,857 53,339 54,820 56,302 57,784 GS±13 ...... 52,857 54,618 56,380 58,141 59,903 61,665 63,426 65,188 66,949 68,711 GS±14 ...... 62,462 64,543 66,625 68,707 70,788 72,870 74,952 77,034 79,115 81,197 GS±15 ...... 73,471 75,921 78,370 80,820 83,269 85,718 88,168 90,617 93,066 95,516 SALARY TABLE NO. 95±SEAÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.84% FOR THE LOCALITY PAY AREA OF SEATTLE-TACOMA-BREMERTON, WA (NET INCREASE: 3.88%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,850 $13,279 $13,705 $14,132 $14,560 $14,811 $15,231 $15,657 $15,676 $16,070 GS±2 ...... 14,447 14,791 15,271 15,676 15,848 16,314 16,780 17,246 17,711 18,177 GS±3 ...... 15,765 16,291 16,817 17,343 17,869 18,395 18,921 19,447 19,973 20,499 GS±4 ...... 17,698 18,287 18,877 19,466 20,056 20,645 21,235 21,824 22,414 23,003 GS±5 ...... 19,799 20,460 21,120 21,781 22,441 23,102 23,762 24,423 25,083 25,743 GS±6 ...... 22,070 22,805 23,541 24,277 25,012 25,748 26,483 27,219 27,954 28,690 GS±7 ...... 24,524 25,341 26,158 26,975 27,793 28,610 29,427 30,244 31,061 31,878 GS±8 ...... 27,161 28,066 28,971 29,875 30,780 31,685 32,590 33,495 34,400 35,305 GS±9 ...... 30,000 31,001 32,001 33,001 34,001 35,001 36,001 37,002 38,002 39,002 GS±10 ...... 33,038 34,140 35,242 36,343 37,445 38,547 39,649 40,751 41,852 42,954 GS±11 ...... 36,298 37,508 38,717 39,927 41,137 42,347 43,556 44,766 45,976 47,186 GS±12 ...... 43,504 44,954 46,404 47,854 49,305 50,755 52,205 53,655 55,105 56,555 GS±13 ...... 51,732 53,457 55,181 56,905 58,629 60,353 62,077 63,801 65,526 67,250 GS±14 ...... 61,133 63,171 65,208 67,245 69,283 71,320 73,358 75,395 77,433 79,470 GS±15 ...... 71,909 74,306 76,703 79,101 81,498 83,895 86,292 88,690 91,087 93,484 SALARY TABLE NO. 95±DCBÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 5.48% FOR THE LOCALITY PAY AREA OF WASHINGTON-BALTIMORE, DC-MD-VA-WV (NET INCREASE: 3.22%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,806 $13,234 $13,659 $14,084 $14,511 $14,761 $15,180 $15,604 $15,623 $16,015 GS±2 ...... 14,398 14,741 15,219 15,623 15,795 16,259 16,723 17,187 17,651 18,115 GS±3 ...... 15,711 16,235 16,760 17,284 17,808 18,332 18,857 19,381 19,905 20,429 GS±4 ...... 17,637 18,225 18,812 19,400 19,987 20,575 21,162 21,750 22,337 22,925 GS±5 ...... 19,732 20,390 21,049 21,707 22,365 23,023 23,681 24,340 24,998 25,656 GS±6 ...... 21,995 22,728 23,461 24,194 24,927 25,660 26,393 27,126 27,859 28,592 GS±7 ...... 24,441 25,255 26,069 26,884 27,698 28,512 29,327 30,141 30,955 31,770 GS±8 ...... 27,068 27,970 28,872 29,774 30,676 31,578 32,479 33,381 34,283 35,185 GS±9 ...... 29,898 30,895 31,892 32,889 33,885 34,882 35,879 36,876 37,873 38,869 GS±10 ...... 32,926 34,024 35,122 36,220 37,318 38,416 39,514 40,612 41,710 42,808 GS±11 ...... 36,174 37,380 38,586 39,791 40,997 42,203 43,408 44,614 45,819 47,025 GS±12 ...... 43,356 44,802 46,247 47,692 49,137 50,582 52,027 53,472 54,917 56,362 GS±13 ...... 51,557 53,275 54,993 56,711 58,430 60,148 61,866 63,584 65,303 67,021 GS±14 ...... 60,925 62,956 64,986 67,017 69,047 71,078 73,108 75,139 77,169 79,200 GS±15 ...... 71,664 74,053 76,442 78,832 81,221 83,610 85,999 88,388 90,777 93,166 7346 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±RUSÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LOCALITY PAYMENT OF 3.74% FOR THE LOCALITY PAY AREA OF REST OF U.S. (NET INCREASE: 2.64%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,595 $13,015 $13,433 $13,851 $14,272 $14,517 $14,929 $15,346 $15,365 $15,751 GS±2 ...... 14,161 14,498 14,968 15,365 15,534 15,990 16,447 16,903 17,360 17,816 GS±3 ...... 15,452 15,968 16,483 16,999 17,514 18,030 18,546 19,061 19,577 20,092 GS±4 ...... 17,346 17,924 18,502 19,080 19,658 20,236 20,813 21,391 21,969 22,547 GS±5 ...... 19,407 20,054 20,701 21,349 21,996 22,643 23,291 23,938 24,585 25,233 GS±6 ...... 21,632 22,353 23,074 23,795 24,516 25,237 25,958 26,679 27,400 28,121 GS±7 ...... 24,038 24,838 25,639 26,440 27,241 28,042 28,843 29,644 30,445 31,245 GS±8 ...... 26,622 27,509 28,396 29,283 30,170 31,057 31,944 32,831 33,718 34,605 GS±9 ...... 29,405 30,385 31,366 32,346 33,326 34,307 35,287 36,268 37,248 38,228 GS±10 ...... 32,382 33,462 34,542 35,622 36,702 37,782 38,862 39,942 41,022 42,102 GS±11 ...... 35,578 36,763 37,949 39,135 40,321 41,506 42,692 43,878 45,064 46,249 GS±12 ...... 42,641 44,063 45,484 46,905 48,326 49,747 51,169 52,590 54,011 55,432 GS±13 ...... 50,706 52,396 54,086 55,776 57,466 59,156 60,846 62,536 64,225 65,915 GS±14 ...... 59,920 61,917 63,914 65,911 67,908 69,905 71,902 73,899 75,896 77,893 GS±15 ...... 70,482 72,832 75,181 77,531 79,881 82,231 84,580 86,930 89,280 91,629 1995 Salary Table—Interim Geographic Adjustments The adjusted rates of pay in Salary Table No. 95–IGA are authorized by section 302 of FEPCA and Executive Order 12944. They reflect an adjustment of 8 percent in all rates of basic pay in the 1995 General Schedule. Regulations for administering interim geographic adjustments are found in 5 CFR part 531, subpart A. The adjusted rates of pay in Salary Table No. 95–IGA are applicable only to General Schedule employees in the following two Consolidated Metropolitan Statistical Areas (CMSA’s): New York-Northern New Jersey-Long Island, NY– NJ–CT–PA and Los Angeles-Riverside-Orange County, CA. Executive Order 12944 terminates IGA’s for the San Francisco- Oakland-San Jose, CA CMSA because the locality payment in the San Francisco CMSA (8.14 percent) now exceeds the IGA (8.0 percent). These adjusted rates are considered basic pay for the same purposes as General Schedule locality rates of pay. SALARY TABLE NO. 95±IGAÐINCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND THE 8% INTERIM GEOGRAPHIC ADJUSTMENTS [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $13,112 $13,550 $13,985 $14,420 $14,858 $15,114 $15,542 $15,976 $15,996 $16,398 GS±2 ...... 14,742 15,093 15,582 15,996 16,172 16,647 17,122 17,598 18,073 18,548 GS±3 ...... 16,087 16,623 17,160 17,697 18,234 18,770 19,307 19,844 20,381 20,917 GS±4 ...... 18,059 18,660 19,262 19,863 20,465 21,066 21,668 22,270 22,871 23,473 GS±5 ...... 20,204 20,877 21,551 22,225 22,899 23,573 24,247 24,921 25,595 26,269 GS±6 ...... 22,520 23,271 24,021 24,772 25,523 26,273 27,024 27,774 28,525 29,276 GS±7 ...... 25,025 25,858 26,692 27,526 28,360 29,193 30,027 30,861 31,695 32,529 GS±8 ...... 27,715 28,638 29,562 30,485 31,409 32,332 33,255 34,179 35,102 36,026 GS±9 ...... 30,613 31,633 32,654 33,674 34,695 35,716 36,736 37,757 38,777 39,798 GS±10 ...... 33,712 34,836 35,961 37,085 38,209 39,334 40,458 41,582 42,706 43,831 GS±11 ...... 37,039 38,273 39,507 40,742 41,976 43,211 44,445 45,680 46,914 48,149 GS±12 ...... 44,392 45,872 47,352 48,831 50,311 51,790 53,270 54,750 56,229 57,709 GS±13 ...... 52,788 54,548 56,307 58,066 59,826 61,585 63,344 65,103 66,863 68,622 GS±14 ...... 62,381 64,460 66,539 68,618 70,697 72,776 74,855 76,934 79,013 81,092 GS±15 ...... 73,376 75,822 78,269 80,715 83,161 85,607 88,053 90,500 92,946 95,392 NOTE: The adjusted rates of pay above apply only to General Schedule employees in the New York-Northern New Jersey-Long Island, NY-NJ- CT-PA CMSA and the Los Angeles-Riverside-Orange County, CA CMSA. 1995 Salary Tables—Law Enforcement Officers Law enforcement officers (LEO’s) are entitled to the greatest of (1) the applicable special salary rate under 5 U.S.C. 5305; (2) the applicable special law enforcement adjusted rate of pay; or (3) the applicable locality rate of pay. Special pay adjustments for LEO’s with duty stations in selected locations are authorized by section 404 of the Federal Employees Pay Comparability Act of 1990 (FEPCA), as incorporated in section 529 of Public Law 101–509. These adjustments provide LEO’s with the greatest pay entitlement in five metropolitan areas in which the adjustment ranges from 8 to 16 percent. (See Salary Tables Nos. 95–BOS (LEO), 95–LA (LEO), 95–NY (LEO), 95–SD (LEO), and 95–SF (LEO).) Special salary rates for certain LEO’s at grades GS–3 through GS–10 in Special Salary Rate Table No. 491 are authorized by section 403 of FEPCA. The 1995 salary tables for LEO’s contain the rates of pay applicable to LEO’s in each of the 27 locality pay areas. These rates of pay are computed based on the annual rates of basic pay of Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7347 the 1995 General Schedule (Salary Table No. 95–GS), including special salary rates for LEO’s at grades GS–3 through GS–10 under section 403 of FEPCA, and incorporating the greater of the applicable locality pay adjustment authorized by the President on November 30, 1994, or the special pay adjustment for LEO’s under section 404 of FEPCA. A copy of Special Salary Table No. 491 for LEO’s is also provided below. The special law enforcement adjusted rates of pay are considered basic pay for the same purposes as General Schedule locality rates of pay. SPECIAL SALARY RATE TABLE NO. 491ÐLAW ENFORCEMENT OFFICERS [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±3 ...... $17,877 $18,374 $18,871 $19,368 $19,865 $20,362 $20,859 $21,356 $21,853 $22,350 GS±4 ...... 20,063 20,620 21,177 21,734 22,291 22,848 23,405 23,962 24,519 25,076 GS±5 ...... 23,075 23,699 24,323 24,947 25,571 26,195 26,819 27,443 28,067 28,691 GS±6 ...... 24,327 25,022 25,717 26,412 27,107 27,802 28,497 29,192 29,887 30,582 GS±7 ...... 26,259 27,031 27,803 28,575 29,347 30,119 30,891 31,663 32,435 33,207 GS±8 ...... 27,372 28,227 29,082 29,937 30,792 31,647 32,502 33,357 34,212 35,067 GS±9 ...... 29,290 30,235 31,180 32,125 33,070 34,015 34,960 35,905 36,850 37,795 GS±10 ...... 32,256 33,297 34,338 35,379 36,420 37,461 38,502 39,543 40,584 41,625 SALARY TABLE NO. 95±ATL (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 4.66% FOR THE LOCALITY PAY AREA OF ATLANTA, GA (Net Increase: 2.79%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,707 $13,131 $13,552 $13,974 $14,398 $14,646 $15,062 $15,482 $15,501 $15,891 GS±2 ...... 14,286 14,626 15,100 15,501 15,672 16,132 16,593 17,053 17,514 17,974 GS±3 ...... 18,710 19,230 19,750 20,271 20,791 21,311 21,831 22,351 22,871 23,392 GS±4 ...... 20,998 21,581 22,164 22,747 23,330 23,913 24,496 25,079 25,662 26,245 GS±5 ...... 24,150 24,803 25,456 26,110 26,763 27,416 28,069 28,722 29,375 30,028 GS±6 ...... 25,461 26,188 26,915 27,643 28,370 29,098 29,825 30,552 31,280 32,007 GS±7 ...... 27,483 28,291 29,099 29,907 30,715 31,523 32,331 33,138 33,946 34,754 GS±8 ...... 28,648 29,542 30,437 31,332 32,227 33,122 34,017 34,911 35,806 36,701 GS±9 ...... 30,655 31,644 32,633 33,622 34,611 35,600 36,589 37,578 38,567 39,556 GS±10 ...... 33,759 34,849 35,938 37,028 38,117 39,207 40,296 41,386 42,475 43,565 GS±11 ...... 35,893 37,089 38,286 39,482 40,678 41,874 43,071 44,267 45,463 46,660 GS±12 ...... 43,019 44,453 45,887 47,321 48,755 50,189 51,622 53,056 54,490 55,924 GS±13 ...... 51,156 52,861 54,566 56,270 57,975 59,680 61,385 63,090 64,795 66,500 GS±14 ...... 60,452 62,466 64,481 66,496 68,510 70,525 72,540 74,555 76,569 78,584 GS±15 ...... 71,107 73,478 75,848 78,219 80,589 82,960 85,330 87,701 90,071 92,442 SALARY TABLE NO. 95±BOS (LEO) RATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2% GENERAL INCREASE AND A 16% LEO SPE- CIAL PAY ADJUSTMENT FOR THE BOSTON-WORCESTER-LAWRENCE, MA-NH-ME-CT CMSA (NET INCREASE: 2.00%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $14,084 $14,553 $15,021 $15,488 $15,958 $16,233 $16,694 $17,160 $17,181 $17,612 GS±2 ...... 15,834 16,211 16,736 17,181 17,370 17,880 18,391 18,901 19,411 19,922 GS±3 ...... 20,737 21,314 21,890 22,467 23,043 23,620 24,196 24,773 25,349 25,926 GS±4 ...... 23,273 23,919 24,565 25,211 25,858 26,504 27,150 27,796 28,442 29,088 GS±5 ...... 26,767 27,491 28,215 28,939 29,662 30,386 31,110 31,834 32,558 33,282 GS±6 ...... 28,219 29,026 29,832 30,638 31,444 32,250 33,057 33,863 34,669 35,475 GS±7 ...... 30,460 31,356 32,251 33,147 34,043 34,938 35,834 36,729 37,625 38,520 GS±8 ...... 31,752 32,743 33,735 34,727 35,719 36,711 37,702 38,694 39,686 40,678 GS±9 ...... 33,976 35,073 36,169 37,265 38,361 39,457 40,554 41,650 42,746 43,842 GS±10 ...... 37,417 38,625 39,832 41,040 42,247 43,455 44,662 45,870 47,077 48,285 GS±11 ...... 39,782 41,108 42,434 43,760 45,086 46,412 47,737 49,063 50,389 51,715 GS±12 ...... 47,681 49,270 50,859 52,448 54,037 55,627 57,216 58,805 60,394 61,983 GS±13 ...... 56,698 58,588 60,478 62,367 64,257 66,147 68,036 69,926 71,816 73,705 GS±14 ...... 67,002 69,235 71,468 73,701 75,934 78,167 80,400 82,633 84,866 87,099 GS±15 ...... 78,812 81,439 84,066 86,694 89,321 91,949 94,576 97,203 99,831 102,458 7348 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±CHI (LEO)ÐRates of Pay for Law Enforcement Officers (LEO'S) Including Special Salary Rates at GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 6.92% FOR THE LOCALITY PAY AREA OF CHICAGO-GARY-KENOSHA, IL-IN-WI (NET INCREASE: 3.53%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,981 $13,414 $13,845 $14,276 $14,709 $14,962 $15,387 $15,817 $15,836 $16,234 GS±2 ...... 14,595 14,942 15,426 15,836 16,010 16,481 16,951 17,422 17,892 18,362 GS±3 ...... 19,114 19,645 20,177 20,708 21,240 21,771 22,302 22,834 23,365 23,897 GS±4 ...... 21,451 22,047 22,642 23,238 23,834 24,429 25,025 25,620 26,216 26,811 GS±5 ...... 24,672 25,339 26,006 26,673 27,341 28,008 28,675 29,342 30,009 30,676 GS±6 ...... 26,010 26,754 27,497 28,240 28,983 29,726 30,469 31,212 31,955 32,698 GS±7 ...... 28,076 28,902 29,727 30,552 31,378 32,203 33,029 33,854 34,680 35,505 GS±8 ...... 29,266 30,180 31,094 32,009 32,923 33,837 34,751 35,665 36,579 37,494 GS±9 ...... 31,317 32,327 33,338 34,348 35,358 36,369 37,379 38,390 39,400 40,410 GS±10 ...... 34,488 35,601 36,714 37,827 38,940 40,053 41,166 42,279 43,392 44,505 GS±11 ...... 36,668 37,890 39,112 40,335 41,557 42,779 44,001 45,223 46,445 47,667 GS±12 ...... 43,948 45,413 46,878 48,343 49,808 51,272 52,737 54,202 55,667 57,132 GS±13 ...... 52,260 54,002 55,744 57,486 59,227 60,969 62,711 64,452 66,194 67,936 GS±14 ...... 61,757 63,815 65,873 67,932 69,990 72,048 74,106 76,164 78,223 80,281 GS±15 ...... 72,643 75,064 77,486 79,908 82,329 84,751 87,173 89,595 92,016 94,438 SALARY TABLE NO. 95±CIN (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GA±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 5.33% FOR THE LOCALITY PAY AREA OF CINCINNATI-HAMILTON, OH-KY-IN (NET INCREASE: 3.09%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,788 $13,215 $13,639 $14,064 $14,490 $14,740 $15,158 $15,581 $15,600 $15,992 GS±2 ...... 14,378 14,720 15,197 15,600 15,772 16,236 16,699 17,162 17,626 18,089 GS±3 ...... 18,830 19,353 19,877 20,400 20,924 21,447 21,971 22,494 23,018 23,541 GS±4 ...... 21,132 21,719 22,306 22,892 23,479 24,066 24,652 25,239 25,826 26,413 GS±5 ...... 24,305 24,962 25,619 26,277 26,934 27,591 28,248 28,906 29,563 30,220 GS±6 ...... 25,624 26,356 27,088 27,820 28,552 29,284 30,016 30,748 31,480 32,212 GS±7 ...... 27,659 28,472 29,285 30,098 30,911 31,724 32,537 33,351 34,164 34,977 GS±8 ...... 28,831 29,731 30,632 31,533 32,433 33,334 34,234 35,135 36,035 36,936 GS±9 ...... 30,851 31,847 32,842 33,837 34,833 35,828 36,823 37,819 38,814 39,809 GS±10 ...... 33,975 35,072 36,168 37,265 38,361 39,458 40,554 41,651 42,747 43,844 GS±11 ...... 36,123 37,327 38,531 39,735 40,939 42,143 43,346 44,550 45,754 46,958 GS±12 ...... 43,295 44,738 46,181 47,624 49,067 50,510 51,953 53,396 54,839 56,282 GS±13 ...... 51,483 53,199 54,915 56,631 58,347 60,062 61,778 63,494 65,210 66,926 GS±14 ...... 60,839 62,866 64,894 66,921 68,949 70,977 73,004 75,032 77,059 79,087 GS±15 ...... 71,562 73,948 76,334 78,719 81,105 83,491 85,877 88,262 90,648 93,034 SALARY TABLE NO. 95±CLE (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 4.23% FOR THE LOCALITY PAY AREA OF CLEVELAND-AKRON, OH (NET INCREASE: 2.88%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,655 $13,077 $13,497 $13,917 $14,339 $14,586 $15,000 $15,419 $15,438 $15,825 GS±2 ...... 14,227 14,566 15,038 15,438 15,607 16,066 16,525 16,983 17,442 17,900 GS±3 ...... 18,633 19,151 19,669 20,187 20,705 21,223 21,741 22,259 22,777 23,295 GS±4 ...... 20,912 21,492 22,073 22,653 23,234 23,814 24,395 24,976 25,556 26,137 GS±5 ...... 24,051 24,701 25,352 26,002 26,653 27,303 27,953 28,604 29,254 29,905 GS±6 ...... 25,356 26,080 26,805 27,529 28,254 28,978 29,702 30,427 31,151 31,876 GS±7 ...... 27,370 28,174 28,979 29,784 30,588 31,393 32,198 33,002 33,807 34,612 GS±8 ...... 28,530 29,421 30,312 31,203 32,095 32,986 33,877 34,768 35,659 36,550 GS±9 ...... 30,529 31,514 32,499 33,484 34,469 35,454 36,439 37,424 38,409 39,394 GS±10 ...... 33,620 34,705 35,790 36,876 37,961 39,046 40,131 41,216 42,301 43,386 GS±11 ...... 35,746 36,937 38,128 39,320 40,511 41,702 42,894 44,085 45,276 46,468 GS±12 ...... 42,843 44,271 45,699 47,127 48,555 49,982 51,410 52,838 54,266 55,694 GS±13 ...... 50,946 52,643 54,341 56,039 57,737 59,435 61,133 62,831 64,529 66,227 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7349 SALARY TABLE NO. 95±CLE (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 4.23% FOR THE LOCALITY PAY AREA OF CLEVELAND-AKRON, OH (NET INCREASE: 2.88%)ÐContinued [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±14 ...... 60,203 62,210 64,216 66,223 68,229 70,235 72,242 74,248 76,255 78,261 GS±15 ...... 70,815 73,176 75,537 77,897 80,258 82,619 84,980 87,341 89,701 92,062 SALARY TABLE NO. 95±COL (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 15.30% FOR THE LOCALITY PAY AREA OF COLUMBUS, OH (NET INCREASE: 4.19%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,784 $13,211 $13,635 $14,060 $14,486 $14,736 $15,154 $15,577 $15,596 $15,988 GS±2 ...... 14,373 14,716 15,193 15,596 15,768 16,231 16,694 17,158 17,621 18,084 GS±3 ...... 18,824 19,348 19,871 20,395 20,918 21,441 21,965 22,488 23,011 23,535 GS±4 ...... 21,126 21,713 22,299 22,886 23,472 24,059 24,645 25,232 25,819 26,405 GS±5 ...... 24,298 24,955 25,612 26,269 26,926 27,583 28,240 28,897 29,555 30,212 GS±6 ...... 25,616 26,348 27,080 27,812 28,544 29,276 30,007 30,739 31,471 32,203 GS±7 ...... 27,651 28,464 29,277 30,089 30,902 31,715 32,528 33,341 34,154 34,967 GS±8 ...... 28,823 29,723 30,623 31,524 32,424 33,324 34,225 35,125 36,025 36,926 GS±9 ...... 30,842 31,837 32,833 33,828 34,823 35,818 36,813 37,808 38,803 39,798 GS±10 ...... 33,966 35,062 36,158 37,254 38,350 39,446 40,543 41,639 42,735 43,831 GS±11 ...... 36,113 37,316 38,520 39,723 40,927 42,131 43,334 44,538 45,741 46,945 GS±12 ...... 43,283 44,725 46,168 47,610 49,053 50,496 51,938 53,381 54,823 56,266 GS±13 ...... 51,469 53,184 54,899 56,615 58,330 60,045 61,761 63,476 65,191 66,907 GS±14 ...... 60,821 62,848 64,875 66,902 68,929 70,956 72,983 75,010 77,037 79,065 GS±15 ...... 71,542 73,927 76,312 78,697 81,082 83,467 85,852 88,237 90,622 93,007 SALARY TABLE NO. 95±DFW (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 5.65% FOR THE LOCALITY PAY AREA OF DALLAS-FORT WORTH, TX (NET INCREASE: 3.41%) [Effective January 1995] Annual Rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,827 $13,255 $13,681 $14,106 $14,534 $14,785 $15,204 $15,629 $15,648 $16,041 GS±2 ...... 14,421 14,765 15,243 15,648 15,820 16,285 16,750 17,215 17,679 18,144 GS±3 ...... 18,887 19,412 19,937 20,462 20,987 21,512 22,038 22,563 23,088 23,613 GS±4 ...... 21,197 21,785 22,374 22,962 23,550 24,139 24,727 25,316 25,904 26,493 GS±5 ...... 24,379 25,038 25,697 26,357 27,016 27,675 28,334 28,994 29,653 30,312 GS±6 ...... 25,701 26,436 27,170 27,904 28,639 29,373 30,107 30,841 31,576 32,310 GS±7 ...... 27,743 28,558 29,374 30,189 31,005 31,821 32,636 33,452 34,268 35,083 GS±8 ...... 28,919 29,822 30,725 31,628 32,532 33,435 34,338 35,242 36,145 37,048 GS±9 ...... 30,945 31,943 32,942 33,940 34,938 35,937 36,935 37,934 38,932 39,930 GS±10 ...... 34,078 35,178 36,278 37,378 38,478 39,578 40,677 41,777 42,877 43,977 GS±11 ...... 36,233 37,440 38,648 39,855 41,063 42,271 43,478 44,686 45,893 47,101 GS±12 ...... 43,426 44,874 46,321 47,769 49,216 50,663 52,111 53,558 55,006 56,453 GS±13 ...... 51,640 53,361 55,082 56,803 58,524 60,245 61,966 63,687 65,408 67,129 GS±14 ...... 61,023 63,057 65,091 67,125 69,158 71,192 73,226 75,260 77,294 79,327 GS±15 ...... 71,780 74,173 76,566 78,959 81,352 83,745 86,138 88,530 90,923 93,316 7350 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices Salary Table No. 95±DAY (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S) INCLUDING SPECIAL SAL- ARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAY- MENT OF 5.19% FOR THE LOCALITY PAY AREA OF DAYTON-SPRINGFIELD, OH (NET INCREASE: 3.40%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,771 $13,197 $13,621 $14,045 $14,471 $14,720 $15,138 $15,561 $15,580 $15,971 GS±2 ...... 14,358 14,700 15,177 15,580 15,751 16,214 16,677 17,140 17,602 18,065 GS±3 ...... 18,805 19,328 19,850 20,373 20,896 21,419 21,942 22,464 22,987 23,510 GS±4 ...... 21,104 21,690 22,276 22,862 23,448 24,034 24,620 25,206 25,792 26,377 GS±5 ...... 24,273 24,929 25,585 26,242 26,898 27,555 28,211 28,867 29,524 30,180 GS±6 ...... 25,590 26,321 27,052 27,783 28,514 29,245 29,976 30,707 31,438 32,169 GS±7 ...... 27,622 28,434 29,246 30,058 30,870 31,682 32,494 33,306 34,118 34,930 GS±8 ...... 28,793 29,692 30,591 31,491 32,390 33,289 34,189 35,088 35,988 36,887 GS±9 ...... 30,810 31,804 32,798 33,792 34,786 35,780 36,774 37,768 38,763 39,757 GS±10 ...... 33,930 35,025 36,120 37,215 38,310 39,405 40,500 41,595 42,690 43,785 GS±11 ...... 36,075 37,277 38,480 39,682 40,884 42,087 43,289 44,491 45,693 46,896 GS±12 ...... 43,237 44,678 46,120 47,561 49,002 50,443 51,884 53,325 54,766 56,207 GS±13 ...... 51,415 53,128 54,842 56,555 58,269 59,982 61,696 63,410 65,123 66,837 GS±14 ...... 60,758 62,783 64,808 66,832 68,857 70,882 72,907 74,932 76,957 78,982 GS±15 ...... 71,467 73,850 76,232 78,615 80,997 83,380 85,762 88,145 90,528 92,910 SALARY TABLE NO. 95±DEN (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO's), Including Special Sal- ary Rates at GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL SCHEDULE INCREASE AND A LO- CALITY PAYMENT OF 5.75% FOR THE LOCALITY PAY AREA OF DENVER-BOULDER-GREELEY, CO (NET INCREASE: 3.18%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,839 $13,267 $13,694 $14,120 $14,548 $14,799 $15,218 $15,644 $15,663 $16,056 GS±2 ...... 14,435 14,779 15,258 15,663 15,835 16,300 16,766 17,231 17,696 18,162 GS±3 ...... 18,905 19,431 19,956 20,482 21,007 21,533 22,058 22,584 23,110 23,635 GS±4 ...... 21,217 21,806 22,395 22,984 23,573 24,162 24,751 25,340 25,929 26,518 GS±5 ...... 24,402 25,062 25,722 26,381 27,041 27,701 28,361 29,021 29,681 30,341 GS±6 ...... 25,726 26,461 27,196 27,931 28,666 29,401 30,136 30,871 31,606 32,340 GS±7 ...... 27,769 28,585 29,402 30,218 31,034 31,851 32,667 33,484 34,300 35,116 GS±8 ...... 28,946 29,850 30,754 31,658 32,563 33,467 34,371 35,275 36,179 37,083 GS±9 ...... 30,974 31,974 32,973 33,972 34,972 35,971 36,970 37,970 38,969 39,968 GS±10 ...... 34,111 35,212 36,312 37,413 38,514 39,615 40,716 41,817 42,918 44,018 GS±11 ...... 36,267 37,476 38,684 39,893 41,102 42,311 43,519 44,728 45,937 47,145 GS±12 ...... 43,467 44,916 46,365 47,814 49,263 50,711 52,160 53,609 55,058 56,506 GS±13 ...... 51,688 53,411 55,134 56,856 58,579 60,302 62,024 63,747 65,470 67,192 GS±14 ...... 61,081 63,117 65,153 67,188 69,224 71,260 73,295 75,331 77,367 79,402 GS±15 ...... 71,848 74,243 76,638 79,033 81,429 83,824 86,219 88,614 91,010 93,405 SALARY TABLE NO. 95±DET (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 6.59% FOR THE LOCALITY PAY AREA OF DETROIT-ANN ARBOR-FLINT, MI (NET INCREASE: 3.70%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,941 $13,373 $13,802 $14,232 $14,664 $14,916 $15,339 $15,768 $15,787 $16,184 GS±2 ...... 14,550 14,896 15,379 15,787 15,961 16,430 16,899 17,368 17,837 18,306 GS±3 ...... 19,055 19,585 20,115 20,644 21,174 21,704 22,234 22,763 23,293 23,823 GS±4 ...... 21,385 21,979 22,573 23,166 23,760 24,354 24,947 25,541 26,135 26,729 GS±5 ...... 24,596 25,261 25,926 26,591 27,256 27,921 28,586 29,251 29,917 30,582 GS±6 ...... 25,930 26,671 27,412 28,153 28,893 29,634 30,375 31,116 31,857 32,597 GS±7 ...... 27,989 28,812 29,635 30,458 31,281 32,104 32,927 33,750 34,572 35,395 GS±8 ...... 29,176 30,087 30,999 31,910 32,821 33,733 34,644 35,555 36,467 37,378 GS±9 ...... 31,220 32,227 33,235 34,242 35,249 36,257 37,264 38,271 39,278 40,286 GS±10 ...... 34,382 35,491 36,601 37,710 38,820 39,930 41,039 42,149 43,258 44,368 GS±11 ...... 36,555 37,773 38,992 40,210 41,428 42,647 43,865 45,083 46,302 47,520 GS±12 ...... 43,813 45,273 46,733 48,194 49,654 51,114 52,574 54,035 55,495 56,955 GS±13 ...... 52,099 53,835 55,572 57,308 59,044 60,781 62,517 64,254 65,990 67,726 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7351 SALARY TABLE NO. 95±DET (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 6.59% FOR THE LOCALITY PAY AREA OF DETROIT-ANN ARBOR-FLINT, MI (NET INCREASE: 3.70%)Ð Continued [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±14 ...... 61,566 63,618 65,670 67,722 69,774 71,826 73,878 75,929 77,981 80,033 GS±15 ...... 72,418 74,833 77,247 79,661 82,075 84,490 86,904 89,318 91,732 94,147 SALARY TABLE NO. 95±HOU (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 8.53% FOR THE LOCALITY PAY AREA OF HOUSTON-GALVESTON-BRAZORIA, TX (NET INCREASE: 3.92%) [Effective January 1995] Annual Rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $13,177 $13,616 $14,054 $14,491 $14,930 $15,188 $15,619 $16,055 $16,074 $16,478 GS±2 ...... 14,814 15,167 15,659 16,074 16,251 16,729 17,206 17,684 18,161 18,639 GS±3 ...... 19,402 19,941 20,481 21,020 21,559 22,099 22,638 23,178 23,717 24,256 GS±4 ...... 21,774 22,379 22,983 23,588 24,192 24,797 25,401 26,006 26,610 27,215 GS±5 ...... 25,043 25,721 26,398 27,075 27,752 28,429 29,107 29,784 30,461 31,138 GS±6 ...... 26,402 27,156 27,911 28,665 29,419 30,174 30,928 31,682 32,436 33,191 GS±7 ...... 28,499 29,337 30,175 31,012 31,850 32,688 33,526 34,364 35,202 36,040 GS±8 ...... 29,707 30,635 31,563 32,491 33,419 34,346 35,274 36,202 37,130 38,058 GS±9 ...... 31,788 32,814 33,840 34,865 35,891 36,916 37,942 38,968 39,993 41,019 GS±10 ...... 35,007 36,137 37,267 38,397 39,527 40,656 41,786 42,916 44,046 45,176 GS±11 ...... 37,220 38,461 39,701 40,942 42,182 43,423 44,663 45,904 47,144 48,385 GS±12 ...... 44,610 46,097 47,584 49,071 50,558 52,044 53,531 55,018 56,505 57,992 GS±13 ...... 53,047 54,815 56,583 58,351 60,119 61,887 63,655 65,423 67,191 68,959 GS±14 ...... 62,687 64,776 66,865 68,955 71,044 73,133 75,222 77,311 79,401 81,490 GS±15 ...... 73,736 76,195 78,653 81,111 83,569 86,027 88,486 90,944 93,402 95,860 SALARY TABLE NO. 95±HNT (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 8.53% FOR THE LOCALITY PAY AREA OF HUNTSVILLE, AL (NET INCREASE: 2.28%) [Effective January 1995] Annual Rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,674 $13,097 $13,517 $13,938 $14,361 $14,608 $15,023 $15,442 $15,461 $15,850 GS±2 ...... 14,249 14,589 15,061 15,461 15,631 16,091 16,550 17,009 17,469 17,928 GS±3 ...... 18,662 19,181 19,699 20,218 20,737 21,256 21,775 22,294 22,812 23,331 GS±4 ...... 20,944 21,525 22,107 22,688 23,270 23,851 24,432 25,014 25,595 26,177 GS±5 ...... 24,088 24,739 25,391 26,042 26,694 27,345 27,996 28,648 29,299 29,951 GS±6 ...... 25,395 26,120 26,846 27,571 28,297 29,023 29,748 30,474 31,199 31,925 GS±7 ...... 27,412 28,218 29,024 29,829 30,635 31,441 32,247 33,053 33,859 34,665 GS±8 ...... 28,574 29,466 30,359 31,251 32,144 33,036 33,929 34,821 35,714 36,606 GS±9 ...... 30,576 31,562 32,549 33,535 34,522 35,508 36,495 37,481 38,468 39,454 GS±10 ...... 33,672 34,759 35,845 36,932 38,019 39,106 40,192 41,279 42,366 43,452 GS±11 ...... 35,801 36,994 38,187 39,380 40,573 41,766 42,960 44,153 45,346 46,539 GS±12 ...... 42,908 44,339 45,769 47,199 48,629 50,059 51,489 52,919 54,350 55,780 GS±13 ...... 51,024 52,724 54,425 56,125 57,826 59,526 61,227 62,927 64,628 66,328 GS±14 ...... 60,296 62,305 64,315 66,324 68,334 70,343 72,353 74,362 76,372 78,381 GS±15 ...... 70,924 73,288 75,652 78,017 80,381 82,746 85,110 87,475 89,839 92,204 7352 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±IND (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 4.58% FOR THE LOCALITY PAY AREA OF INDIANAPOLIS, IN (NET INCREASE: 2.89%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,697 $13,121 $13,542 $13,964 $14,387 $14,635 $15,050 $15,471 $15,489 $15,878 GS±2 ...... 14,275 14,615 15,089 15,489 15,660 16,120 16,580 17,040 17,500 17,961 GS±3 ...... 18,696 19,216 19,735 20,255 20,775 21,295 21,814 22,334 22,854 23,374 GS±4 ...... 20,982 21,564 22,147 22,729 23,312 23,894 24,477 25,059 25,642 26,224 GS±5 ...... 24,132 24,784 25,437 26,090 26,742 27,395 28,047 28,700 29,352 30,005 GS±6 ...... 25,441 26,168 26,895 27,622 28,349 29,075 29,802 30,529 31,256 31,983 GS±7 ...... 27,462 28,269 29,076 29,884 30,691 31,498 32,306 33,113 33,921 34,728 GS±8 ...... 28,626 29,520 30,414 31,308 32,202 33,096 33,991 34,885 35,779 36,673 GS±9 ...... 30,631 31,620 32,608 33,596 34,585 35,573 36,561 37,549 38,538 39,526 GS±10 ...... 33,733 34,822 35,911 36,999 38,088 39,177 40,265 41,354 42,443 43,531 GS±11 ...... 35,866 37,061 38,256 39,452 40,647 41,842 43,038 44,233 45,429 46,624 GS±12 ...... 42,987 44,419 45,852 47,285 48,718 50,150 51,583 53,016 54,449 55,881 GS±13 ...... 51,117 52,820 54,524 56,227 57,931 59,635 61,338 63,042 64,745 66,449 GS±14 ...... 60,405 62,419 64,432 66,445 68,458 70,471 72,484 74,498 76,511 78,524 GS±15 ...... 71,053 73,421 75,790 78,159 80,528 82,896 85,265 87,634 90,003 92,371 SALARY TABLE NO. 95±KC (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS LEO'S), INCLUDING SPECIAL SAL- ARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAY- MENT OF 3.97% FOR THE LOCALITY PAY AREA OF KANSAS CITY, MO-KS (NET INCREASE: 2.66%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,623 $13,044 $13,463 $13,882 $14,303 $14,550 $14,962 $15,380 $15,399 $15,786 GS±2 ...... 14,192 14,530 15,001 15,399 15,568 16,026 16,483 16,941 17,398 17,856 GS±3 ...... 18,587 19,103 19,620 20,137 20,654 21,170 21,687 22,204 22,721 23,237 GS±4 ...... 20,860 21,439 22,018 22,597 23,176 23,755 24,334 24,913 25,492 26,072 GS±5 ...... 23,991 24,640 25,289 25,937 26,586 27,235 27,884 28,532 29,181 29,830 GS±6 ...... 25,293 26,015 26,738 27,461 28,183 28,906 29,628 30,351 31,074 31,796 GS±7 ...... 27,301 28,104 28,907 29,709 30,512 31,315 32,117 32,920 33,723 34,525 GS±8 ...... 28,459 29,348 30,237 31,125 32,014 32,903 33,792 34,681 35,570 36,459 GS±9 ...... 30,453 31,435 32,418 33,400 34,383 35,365 36,348 37,330 38,313 39,295 GS±10 ...... 33,537 34,619 35,701 36,784 37,866 38,948 40,031 41,113 42,195 43,278 GS±11 ...... 35,657 36,845 38,033 39,222 40,410 41,598 42,787 43,975 45,164 46,352 GS±12 ...... 42,736 44,160 45,585 47,009 48,433 49,858 51,282 52,707 54,131 55,555 GS±13 ...... 50,818 52,512 54,206 55,899 57,593 59,287 60,980 62,674 64,368 66,061 GS±14 ...... 60,053 62,054 64,056 66,057 68,059 70,060 72,062 74,063 76,064 78,066 GS±15 ...... 70,638 72,993 75,348 77,703 80,058 82,413 84,768 87,123 89,478 91,833 SALARY TABLE NO. 95±LA (LEO 1)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2% GENERAL INCREASE AND A 16% LEO SPECIAL PAY ADJUSTMENT FOR THE LOS ANGELES-RIVERSIDE-ORANGE COUNTY, CA CMSA (NET INCREASE: 2.00%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $14,084 $14,553 $15,021 $15,488 $15,958 $16,233 $16,694 $17,160 $17,181 $17,612 GS±2 ...... 15,834 16,211 16,736 17,181 17,370 17,880 18,391 18,901 19,411 19,922 GS±3 ...... 20,737 21,314 21,890 22,467 23,043 23,620 24,196 24,773 25,349 25,926 GS±4 ...... 23,273 23,919 24,565 25,211 25,858 26,504 27,150 27,796 28,442 29,088 GS±5 ...... 26,767 27,491 28,215 28,939 29,662 30,386 31,110 31,834 32,558 33,282 GS±6 ...... 28,219 29,026 29,832 30,638 31,444 32,250 33,057 33,863 34,669 35,475 GS±7 ...... 30,460 31,356 32,251 33,147 34,043 34,938 35,834 36,729 37,625 38,520 GS±8 ...... 31,752 32,743 33,735 34,727 35,719 36,711 37,702 38,694 39,686 40,678 GS±9 ...... 33,976 35,073 36,169 37,265 38,361 39,457 40,554 41,650 42,746 43,842 GS±10 ...... 37,417 38,625 39,832 41,040 42,247 43,455 44,662 45,870 47,077 48,285 GS±11 ...... 39,782 41,108 42,434 43,760 45,086 46,412 47,737 49,063 50,389 51,715 GS±12 ...... 47,681 49,270 50,859 52,448 54,037 55,627 57,216 58,805 60,394 61,983 GS±13 ...... 56,698 58,588 60,478 62,367 64,257 66,147 68,036 69,926 71,816 73,705 GS±14 ...... 67,002 69,235 71,468 73,701 75,934 78,167 80,400 82,633 84,866 87,099 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7353 SALARY TABLE NO. 95±LA (LEO 1)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2% GENERAL INCREASE AND A 16% LEO SPECIAL PAY ADJUSTMENT FOR THE LOS ANGELES-RIVERSIDE-ORANGE COUNTY, CA CMSA (NET INCREASE: 2.00%)ÐContinued [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±15 ...... 78,812 81,439 84,066 86,694 89,321 91,949 94,576 97,203 99,831 102,458 NOTE: This salary table applies only to law enforcement officers whose official duty stations are located within the Los Angeles-Riverside-Or- ange County, CA CMSA. Law enforcement officers whose official duty stations are located in Santa Barbara County or that portion of Edwards Air Force Base outside the Los Angeles-Riverside-Orange County, CA CMSA are entitled to the rates of pay under salary table 95±LA (LEO 2). SALARY TABLE NO. 95±LA (LEO 2)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S)T4 Including Special Salary Rates at GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 7.39% FOR THE LOCALITY PAY AREA OF LOS ANGELES-RIVERSIDE-ORANGE COUNTY, CA (INCLUDING SANTA BARBARA COUNTY AND ALL OF EDWARDS AIR FORCE BASE) (NET INCREASE: 3.64%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $13,038 $13,473 $13,906 $14,339 $14,774 $15,028 $15,454 $15,886 $15,906 $16,305 GS±2 ...... 14,659 15,008 15,494 15,906 16,081 16,553 17,026 17,498 17,971 18,443 GS±3 ...... 19,198 19,732 20,266 20,799 21,333 21,867 22,400 22,934 23,468 24,002 GS±4 ...... 21,546 22,144 22,742 23,340 23,938 24,536 25,135 25,733 26,331 26,929 GS±5 ...... 24,780 25,450 26,120 26,791 27,461 28,131 28,801 29,471 30,141 30,811 GS±6 ...... 26,125 26,871 27,617 28,364 29,110 29,857 30,603 31,349 32,096 32,842 GS±7 ...... 28,200 29,029 29,858 30,687 31,516 32,345 33,174 34,003 34,832 35,661 GS±8 ...... 29,395 30,313 31,231 32,149 33,068 33,986 34,904 35,822 36,740 37,658 GS±9 ...... 31,455 32,469 33,484 34,499 35,514 36,529 37,544 38,558 39,573 40,588 GS±10 ...... 34,640 35,758 36,876 37,994 39,111 40,229 41,347 42,465 43,583 44,701 GS±11 ...... 36,829 38,057 39,284 40,512 41,739 42,967 44,194 45,422 46,649 47,877 GS±12 ...... 44,142 45,613 47,084 48,555 50,027 51,498 52,969 54,440 55,912 57,383 GS±13 ...... 52,490 54,239 55,989 57,738 59,488 61,237 62,986 64,736 66,485 68,235 GS±14 ...... 62,028 64,096 66,163 68,230 70,297 72,365 74,432 76,499 78,567 80,634 GS±15 ...... 72,962 75,394 77,827 80,259 82,691 85,124 87,556 89,989 92,421 94,853 NOTES: This salary table applies only to law enforcement officers whose official duty stations are located in Santa Barbara County or that por- tion of Edwards Air Force Base outside the Los Angeles-Riverside-Orange County, CA CMSA. Law enforcement officers whose official duty sta- tions are located within the Los Angeles-Riverside-Orange County, CA CMSA are entitled to the rates of pay under salary table 95±LA (LEO 1). SALARY TABLE NO. 95±MFL (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 5.39% FOR THE LOCALITY PAY AREA OF MIAMI-FORT LAUDERDALE, FL (NET INCREASE: 4.28%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,795 $13,222 $13,647 $14,072 $14,499 $14,748 $15,167 $15,590 $15,609 $16,001 GS±2 ...... 14,386 14,728 15,206 15,609 15,781 16,245 16,709 17,172 17,636 18,100 GS±3 ...... 18,841 19,364 19,888 20,412 20,936 21,460 21,983 22,507 23,031 23,555 GS±4 ...... 21,144 21,731 22,318 22,905 23,492 24,080 24,667 25,254 25,841 26,428 GS±5 ...... 24,319 24,976 25,634 26,292 26,949 27,607 28,265 28,922 29,580 30,237 GS±6 ...... 25,638 26,371 27,103 27,836 28,568 29,301 30,033 30,765 31,498 32,230 GS±7 ...... 27,674 28,488 29,302 30,115 30,929 31,742 32,556 33,370 34,183 34,997 GS±8 ...... 28,847 29,748 30,650 31,551 32,452 33,353 34,254 35,155 36,056 36,957 GS±9 ...... 30,869 31,865 32,861 33,857 34,852 35,848 36,844 37,840 38,836 39,832 GS±10 ...... 33,995 35,092 36,189 37,286 38,383 39,480 40,577 41,674 42,771 43,869 GS±11 ...... 36,144 37,348 38,553 39,757 40,962 42,167 43,371 44,576 45,780 46,985 GS±12 ...... 43,320 44,763 46,207 47,651 49,095 50,539 51,983 53,426 54,870 56,314 GS±13 ...... 51,513 53,229 54,946 56,663 58,380 60,097 61,813 63,530 65,247 66,964 GS±14 ...... 60,873 62,902 64,931 66,960 68,988 71,017 73,046 75,075 77,103 79,132 GS±15 ...... 71,603 73,990 76,377 78,764 81,151 83,538 85,926 88,313 90,700 93,087 7354 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±NY (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2% GENERAL INCREASE AND A 16% LEO SPECIAL PAY ADJUSTMENT FOR NEW YORK-NORTHERN NEW JERSEY-LONG ISLAND, NY-NJ-CT-PA CMSA (NET IN- CREASE: 2.00%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $14,084 $14,553 $15,021 $15,488 $15,958 $16,233 $16,694 $17,160 $17,181 $17,612 GS±2 ...... 15,834 16,211 16,736 17,181 17,370 17,880 18,391 18,901 19,411 19,922 GS±3 ...... 20,737 21,314 21,890 22,467 23,043 23,620 24,196 24,773 25,349 25,926 GS±4 ...... 23,273 23,919 24,565 25,211 25,858 26,504 27,150 27,796 28,442 29,088 GS±5 ...... 26,767 27,491 28,215 28,939 29,662 30,386 31,110 31,834 32,558 33,282 GS±6 ...... 28,219 29,026 29,832 30,638 31,444 32,250 33,057 33,863 34,669 35,475 GS±7 ...... 30,460 31,356 32,251 33,147 34,043 34,938 35,834 36,729 37,625 38,520 GS±8 ...... 31,752 32,743 33,735 34,727 35,719 36,711 37,702 38,694 39,686 40,678 GS±9 ...... 33,976 35,073 36,169 37,265 38,361 39,457 40,554 41,650 42,746 43,842 GS±10 ...... 37,417 38,625 39,832 41,040 42,247 43,455 44,662 45,870 47,077 48,285 GS±11 ...... 39,782 41,108 42,434 43,760 45,086 46,412 47,737 49,063 50,389 51,715 GS±12 ...... 47,681 49,270 50,859 52,448 54,037 55,627 57,216 58,805 60,394 61,983 GS±13 ...... 56,698 58,588 60,478 62,367 64,257 66,147 68,036 69,926 71,816 73,705 GS±14 ...... 67,002 69,235 71,468 73,701 75,934 78,167 80,400 82,633 84,866 87,099 GS±15 ...... 78,812 81,439 84,066 86,694 89,321 91,949 94,576 97,203 99,831 102,458 SALARY TABLE NO. 95±PHL (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 6.26% FOR THE LOCALITY PAY AREA OF PHILADELPHIA-WILMINGTON-ATLANTIC CITY, PA-NJ-DE-MD (NET INCREASE: 3.26%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,901 $13,331 $13,760 $14,188 $14,618 $14,870 $15,292 $15,719 $15,738 $16,133 GS±2 ...... 14,504 14,850 15,331 15,738 15,911 16,379 16,846 17,314 17,782 18,249 GS±3 ...... 18,996 19,524 20,052 20,580 21,109 21,637 22,165 22,693 23,221 23,749 GS±4 ...... 21,319 21,911 22,503 23,095 23,686 24,278 24,870 25,462 26,054 26,646 GS±5 ...... 24,519 25,183 25,846 26,509 27,172 27,835 28,498 29,161 29,824 30,487 GS±6 ...... 25,850 26,588 27,327 28,065 28,804 29,542 30,281 31,019 31,758 32,496 GS±7 ...... 27,903 28,723 29,543 30,364 31,184 32,004 32,825 33,645 34,465 35,286 GS±8 ...... 29,085 29,994 30,903 31,811 32,720 33,628 34,537 35,445 36,354 37,262 GS±9 ...... 31,124 32,128 33,132 34,136 35,140 36,144 37,148 38,153 39,157 40,161 GS±10 ...... 34,275 35,381 36,488 37,594 38,700 39,806 40,912 42,018 43,125 44,231 GS±11 ...... 36,442 37,656 38,871 40,086 41,300 42,515 43,729 44,944 46,158 47,373 GS±12 ...... 43,677 45,133 46,589 48,044 49,500 50,956 52,412 53,867 55,323 56,779 GS±13 ...... 51,938 53,669 55,400 57,131 58,862 60,593 62,324 64,055 65,786 67,517 GS±14 ...... 61,376 63,421 65,467 67,512 69,558 71,603 73,649 75,694 77,740 79,785 GS±15 ...... 72,194 74,601 77,008 79,414 81,821 84,228 86,635 89,042 91,448 93,855 SALARY TABLE NO. 95±POR (LEO) RATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO's), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 4.71% FOR THE LOCALITY PAY AREA OF PORTLAND-SALEM, OR-WA (NET INCREASE: 3.60%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,713 $13,137 $13,559 $13,981 $14,405 $14,653 $15,069 $15,490 $15,509 $15,898 GS±2 ...... 14,293 14,633 15,108 15,509 15,679 16,140 16,601 17,061 17,522 17,983 GS±3 ...... 18,719 19,239 19,760 20,280 20,801 21,321 21,841 22,362 22,882 23,403 GS±4 ...... 21,008 21,591 22,174 22,758 23,341 23,924 24,507 25,091 25,674 26,257 GS±5 ...... 24,162 24,815 25,469 26,122 26,775 27,429 28,082 28,736 29,389 30,042 GS±6 ...... 25,473 26,201 26,928 27,656 28,384 29,111 29,839 30,567 31,295 32,022 GS±7 ...... 27,496 28,304 29,113 29,921 30,729 31,538 32,346 33,154 33,963 34,771 GS±8 ...... 28,661 29,556 30,452 31,347 32,242 33,138 34,033 34,928 35,823 36,719 GS±9 ...... 30,670 31,659 32,649 33,638 34,628 35,617 36,607 37,596 38,586 39,575 GS±10 ...... 33,775 34,865 35,955 37,045 38,135 39,225 40,315 41,405 42,496 43,586 GS±11 ...... 35,910 37,107 38,304 39,501 40,698 41,894 43,091 44,288 45,485 46,682 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7355 SALARY TABLE NO. 95±POR (LEO) RATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO's), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 4.71% FOR THE LOCALITY PAY AREA OF PORTLAND-SALEM, OR-WA (NET INCREASE: 3.60%)ÐContin- ued [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±12 ...... 43,040 44,475 45,909 47,344 48,778 50,213 51,647 53,082 54,516 55,951 GS±13 ...... 51,180 52,886 54,592 56,297 58,003 59,709 61,415 63,120 64,826 66,532 GS±14 ...... 60,480 62,496 64,512 66,527 68,543 70,559 72,575 74,590 76,606 78,622 GS±15 ...... 71,141 73,513 75,884 78,256 80,628 82,999 85,371 87,743 90,114 92,486 SALARY TABLE NO. 95±RCH (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 4.00% FOR THE LOCALITY PAY AREA OF RICHMOND-PETERSBURG, VA (NET INCREASE: 2.90%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,627 $13,048 $13,467 $13,886 $14,307 $14,554 $14,967 $15,385 $15,403 $15,790 GS±2 ...... 14,196 14,534 15,005 15,403 15,573 16,031 16,488 16,946 17,403 17,861 GS±3 ...... 18,592 19,109 19,626 20,143 20,660 21,176 21,693 22,210 22,727 23,244 GS±4 ...... 20,866 21,445 22,024 22,603 23,183 23,762 24,341 24,920 25,500 26,079 GS±5 ...... 23,998 24,647 25,296 25,945 26,594 27,243 27,892 28,541 29,190 29,839 GS±6 ...... 25,300 26,023 26,746 27,468 28,191 28,914 29,637 30,360 31,082 31,805 GS±7 ...... 27,309 28,112 28,915 29,718 30,521 31,324 32,127 32,930 33,732 34,535 GS±8 ...... 28,467 29,356 30,245 31,134 32,024 32,913 33,802 34,691 35,580 36,470 GS±9 ...... 30,462 31,444 32,427 33,410 34,393 35,376 36,358 37,341 38,324 39,307 GS±10 ...... 33,546 34,629 35,712 36,794 37,877 38,959 40,042 41,125 42,207 43,290 GS±11 ...... 35,667 36,856 38,044 39,233 40,422 41,610 42,799 43,988 45,177 46,365 GS±12 ...... 42,748 44,173 45,598 47,023 48,447 49,872 51,297 52,722 54,147 55,571 GS±13 ...... 50,833 52,527 54,221 55,916 57,610 59,304 60,998 62,692 64,386 66,081 GS±14 ...... 60,070 62,072 64,074 66,076 68,078 70,080 72,082 74,084 76,086 78,088 GS±15 ...... 70,659 73,014 75,370 77,725 80,081 82,437 84,792 87,148 89,503 91,859 SALARY TABLE NO. 95±SAC (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 5.27% FOR THE LOCALITY PAY AREA OF SACRAMENTO-YOLO, CA (NET INCREASE: 3.55%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,781 $13,207 $13,631 $14,056 $14,482 $14,731 $15,149 $15,573 $15,592 $15,983 GS±2 ...... 14,369 14,711 15,188 15,592 15,763 16,226 16,690 17,153 17,616 18,079 GS±3 ...... 18,819 19,342 19,866 20,389 20,912 21,435 21,958 22,481 23,005 23,528 GS±4 ...... 21,120 21,707 22,293 22,879 23,466 24,052 24,638 25,225 25,811 26,398 GS±5 ...... 24,291 24,948 25,605 26,262 26,919 27,575 28,232 28,889 29,546 30,203 GS±6 ...... 25,609 26,341 27,072 27,804 28,536 29,267 29,999 30,730 31,462 32,194 GS±7 ...... 27,643 28,456 29,268 30,081 30,894 31,706 32,519 33,332 34,144 34,957 GS±8 ...... 28,815 29,715 30,615 31,515 32,415 33,315 34,215 35,115 36,015 36,915 GS±9 ...... 30,834 31,828 32,823 33,818 34,813 35,808 36,802 37,797 38,792 39,787 GS±10 ...... 33,956 35,052 36,148 37,243 38,339 39,435 40,531 41,627 42,723 43,819 GS±11 ...... 36,102 37,306 38,509 39,712 40,915 42,119 43,322 44,525 45,728 46,931 GS±12 ...... 43,270 44,712 46,155 47,597 49,039 50,481 51,923 53,366 54,808 56,250 GS±13 ...... 51,454 53,169 54,884 56,598 58,313 60,028 61,743 63,458 65,173 66,888 GS±14 ...... 60,804 62,830 64,857 66,883 68,910 70,936 72,963 74,989 77,016 79,042 GS±15 ...... 71,521 73,906 76,290 78,675 81,059 83,443 85,828 88,212 90,596 92,981 7356 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±STL (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 4.28% FOR THE LOCALITY PAY AREA OF ST. LOUIS, MO-IL (NET INCREASE: 3.18%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,661 $13,083 $13,503 $13,923 $14,346 $14,593 $15,007 $15,426 $15,445 $15,833 GS±2 ...... 14,234 14,573 15,046 15,445 15,615 16,074 16,533 16,991 17,450 17,909 GS±3 ...... 18,642 19,160 19,679 20,197 20,715 21,233 21,752 22,270 22,788 23,307 GS±4 ...... 20,922 21,503 22,083 22,664 23,245 23,826 24,407 24,988 25,568 26,149 GS±5 ...... 24,063 24,713 25,364 26,015 26,665 27,316 27,967 28,618 29,268 29,919 GS±6 ...... 25,368 26,093 26,818 27,542 28,267 28,992 29,717 30,441 31,166 31,891 GS±7 ...... 27,383 28,188 28,993 29,798 30,603 31,408 32,213 33,018 33,823 34,628 GS±8 ...... 28,544 29,435 30,327 31,218 32,110 33,001 33,893 34,785 35,676 36,568 GS±9 ...... 30,544 31,529 32,515 33,500 34,485 35,471 36,456 37,442 38,427 39,413 GS±10 ...... 33,637 34,722 35,808 36,893 37,979 39,064 40,150 41,235 42,321 43,407 GS±11 ...... 35,763 36,955 38,147 39,339 40,531 41,722 42,914 44,106 45,298 46,490 GS±12 ...... 42,863 44,292 45,721 47,149 48,578 50,006 51,435 52,864 54,292 55,721 GS±13 ...... 50,970 52,669 54,367 56,066 57,765 59,464 61,162 62,861 64,560 66,258 GS±14 ...... 60,232 62,240 64,247 66,254 68,262 70,269 72,276 74,284 76,291 78,299 GS±15 ...... 70,849 73,211 75,573 77,935 80,297 82,659 85,021 87,382 89,744 92,106 SALARY TABLE NO. 95±SD (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2% GENERAL INCREASE AND A 8% LEO SPE- CIAL PAY ADJUSTMENT FOR THE SAN DIEGO, CA METROPOLITAN STATISTICAL AREA (NET INCREASE: 2.00%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $13,112 $13,550 $13,985 $14,420 $14,858 $15,114 $15,542 $15,976 $15,996 $16,398 GS±2 ...... 14,742 15,093 15,582 15,996 16,172 16,647 17,122 17,598 18,073 18,548 GS±3 ...... 19,307 19,844 20,381 20,917 21,454 21,991 22,528 23,064 23,601 24,138 GS±4 ...... 21,668 22,270 22,871 23,473 24,074 24,676 25,277 25,879 26,481 27,082 GS±5 ...... 24,921 25,595 26,269 26,943 27,617 28,291 28,965 29,638 30,312 30,986 GS±6 ...... 26,273 27,024 27,774 28,525 29,276 30,026 30,777 31,527 32,278 33,029 GS±7 ...... 28,360 29,193 30,027 30,861 31,695 32,529 33,362 34,196 35,030 35,864 GS±8 ...... 29,562 30,485 31,409 32,332 33,255 34,179 35,102 36,026 36,949 37,872 GS±9 ...... 31,633 32,654 33,674 34,695 35,716 36,736 37,757 38,777 39,798 40,819 GS±10 ...... 34,836 35,961 37,085 38,209 39,334 40,458 41,582 42,706 43,831 44,955 GS±11 ...... 37,039 38,273 39,507 40,742 41,976 43,211 44,445 45,680 46,914 48,149 GS±12 ...... 44,392 45,872 47,352 48,831 50,311 51,790 53,270 54,750 56,229 57,709 GS±13 ...... 52,788 54,548 56,307 58,066 59,826 61,585 63,344 65,103 66,863 68,622 GS±14 ...... 62,381 64,460 66,539 68,618 70,697 72,776 74,855 76,934 79,013 81,092 GS±15 ...... 73,376 75,822 78,269 80,715 83,161 85,607 88,053 90,500 92,946 95,392 SALARY TABLE NO. 95±SF (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SAL- ARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A 16% LEO SPE- CIAL PAY ADJUSTMENT FOR THE SAN FRANCISCO-OAKLAND-SAN JOSE, CA CMSA (NET INCREASE: 2.00%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $14,084 $14,553 $15,021 $15,488 $15,958 $16,233 $16,694 $17,160 $17,181 $17,612 GS±2 ...... 15,834 16,211 16,736 17,181 17,370 17,880 18,391 18,901 19,411 19,922 GS±3 ...... 20,737 21,314 21,890 22,467 23,043 23,620 24,196 24,773 25,349 25,926 GS±4 ...... 23,273 23,919 24,565 25,211 25,858 26,504 27,150 27,796 28,442 29,088 GS±5 ...... 26,767 27,491 28,215 28,939 29,662 30,386 31,110 31,834 32,558 33,282 GS±6 ...... 28,219 29,026 29,832 30,638 31,444 32,250 33,057 33,863 34,669 35,475 GS±7 ...... 30,460 31,356 32,251 33,147 34,043 34,938 35,834 36,729 37,625 38,520 GS±8 ...... 31,752 32,743 33,735 34,727 35,719 36,711 37,702 38,694 39,686 40,678 GS±9 ...... 33,976 35,073 36,169 37,265 38,361 39,457 40,554 41,650 42,746 43,842 GS±10 ...... 37,417 38,625 39,832 41,040 42,247 43,455 44,662 45,870 47,077 48,285 GS±11 ...... 39,782 41,108 42,434 43,760 45,086 46,412 47,737 49,063 50,389 51,715 GS±12 ...... 47,681 49,270 50,859 52,448 54,037 55,627 57,216 58,805 60,394 61,983 GS±13 ...... 56,698 58,588 60,478 62,367 64,257 66,147 68,036 69,926 71,816 73,705 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7357 SALARY TABLE NO. 95±SF (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SAL- ARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A 16% LEO SPE- CIAL PAY ADJUSTMENT FOR THE SAN FRANCISCO-OAKLAND-SAN JOSE, CA CMSA (NET INCREASE: 2.00%)ÐContin- ued [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±14 ...... 67,002 69,235 71,468 73,701 75,934 78,167 80,400 82,633 84,866 87,099 GS±15 ...... 78,812 81,439 84,066 86,694 89,321 91,949 94,576 97,203 99,831 102,458 SALARY TABLE NO. 95±SEA (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 5.84% FOR THE LOCALITY PAY AREA OF SEATTLE-TACOMA-BREMERTON, WA (NET INCREASE: 3.88%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,850 $13,279 $13,705 $14,132 $14,560 $14,811 $15,231 $15,657 $15,676 $16,070 GS±2 ...... 14,447 14,791 15,271 15,676 15,848 16,314 16,780 17,246 17,711 18,177 GS±3 ...... 18,921 19,447 19,973 20,499 21,025 21,551 22,077 22,603 23,129 23,655 GS±4 ...... 21,235 21,824 22,414 23,003 23,593 24,182 24,772 25,361 25,951 26,540 GS±5 ...... 24,423 25,083 25,743 26,404 27,064 27,725 28,385 29,046 29,706 30,367 GS±6 ...... 25,748 26,483 27,219 27,954 28,690 29,426 30,161 30,897 31,632 32,368 GS±7 ...... 27,793 28,610 29,427 30,244 31,061 31,878 32,695 33,512 34,329 35,146 GS±8 ...... 28,971 29,875 30,780 31,685 32,590 33,495 34,400 35,305 36,210 37,115 GS±9 ...... 31,001 32,001 33,001 34,001 35,001 36,001 37,002 38,002 39,002 40,002 GS±10 ...... 34,140 35,242 36,343 37,445 38,547 39,649 40,751 41,852 42,954 44,056 GS±11 ...... 36,298 37,508 38,717 39,927 41,137 42,347 43,556 44,766 45,976 47,186 GS±12 ...... 43,504 44,954 46,404 47,854 49,305 50,755 52,205 53,655 55,105 56,555 GS±13 ...... 51,732 53,457 55,181 56,905 58,629 60,353 62,077 63,801 65,526 67,250 GS±14 ...... 61,133 63,171 65,208 67,245 69,283 71,320 73,358 75,395 77,433 79,470 GS±15 ...... 71,909 74,306 76,703 79,101 81,498 83,895 86,292 88,690 91,087 93,484 SALARY TABLE NO. 95±DCB (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 5.48% FOR THE LOCALITY PAY AREA OF WASHINGTON-BALTIMORE, DC-MD-VA-WV (INCLUDING ST. MARY'S COUNTY, MD (NET INCREASE: 3.22%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,806 $13,234 $13,659 $14,084 $14,511 $14,761 $15,180 $15,604 $15,623 $16,015 GS±2 ...... 14,398 14,741 15,219 15,623 15,795 16,259 16,723 17,187 17,651 18,115 GS±3 ...... 18,857 19,381 19,905 20,429 20,954 21,478 22,002 22,526 23,051 23,575 GS±4 ...... 21,162 21,750 22,337 22,925 23,513 24,100 24,688 25,275 25,863 26,450 GS±5 ...... 24,340 24,998 25,656 26,314 26,972 27,630 28,289 28,947 29,605 30,263 GS±6 ...... 25,660 26,393 27,126 27,859 28,592 29,326 30,059 30,792 31,525 32,258 GS±7 ...... 27,698 28,512 29,327 30,141 30,955 31,770 32,584 33,398 34,212 35,027 GS±8 ...... 28,872 29,774 30,676 31,578 32,479 33,381 34,283 35,185 36,087 36,989 GS±9 ...... 30,895 31,892 32,889 33,885 34,882 35,879 36,876 37,873 38,869 39,866 GS±10 ...... 34,024 35,122 36,220 37,318 38,416 39,514 40,612 41,710 42,808 43,906 GS±11 ...... 36,174 37,380 38,586 39,791 40,997 42,203 43,408 44,614 45,819 47,025 GS±12 ...... 43,356 44,802 46,247 47,692 49,137 50,582 52,027 53,472 54,917 56,362 GS±13 ...... 51,557 53,275 54,993 56,711 58,430 60,148 61,866 63,584 65,303 67,021 GS±14 ...... 60,925 62,956 64,986 67,017 69,047 71,078 73,108 75,139 77,169 79,200 GS±15 ...... 71,664 74,053 76,442 78,832 81,221 83,610 85,999 88,388 90,777 93,166 7358 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices SALARY TABLE NO. 95±RUS (LEO)ÐRATES OF PAY FOR LAW ENFORCEMENT OFFICERS (LEO'S), INCLUDING SPECIAL SALARY RATES AT GS±3 THROUGH GS±10 AND INCORPORATING THE 2.00% GENERAL INCREASE AND A LOCALITY PAYMENT OF 3.74% FOR THE LOCALITY PAY AREA OF REST OF U.S. (NET INCREASE: 2.64%) [Effective January 1995] Annual rates by grade and step 1 2 3 4 5 6 7 8 9 10 GS±1 ...... $12,595 $13,015 $13,433 $13,851 $14,272 $14,517 $14,929 $15,346 $15,365 $15,751 GS±2 ...... 14,161 14,498 14,968 15,365 15,534 15,990 16,447 16,903 17,360 17,816 GS±3 ...... 18,546 19,061 19,577 20,092 20,608 21,124 21,639 22,155 22,670 23,186 GS±4 ...... 20,813 21,391 21,969 22,547 23,125 23,703 24,280 24,858 25,436 26,014 GS±5 ...... 23,938 24,585 25,233 25,880 26,527 27,175 27,822 28,469 29,117 29,764 GS±6 ...... 25,237 25,958 26,679 27,400 28,121 28,842 29,563 30,284 31,005 31,726 GS±7 ...... 27,241 28,042 28,843 29,644 30,445 31,245 32,046 32,847 33,648 34,449 GS±8 ...... 28,396 29,283 30,170 31,057 31,944 32,831 33,718 34,605 35,492 36,379 GS±9 ...... 30,385 31,366 32,346 33,326 34,307 35,287 36,268 37,248 38,228 39,209 GS±10 ...... 33,462 34,542 35,622 36,702 37,782 38,862 39,942 41,022 42,102 43,182 GS±11 ...... 35,578 36,763 37,949 39,135 40,321 41,506 42,692 43,878 45,064 46,249 GS±12 ...... 42,641 44,063 45,484 46,905 48,326 49,747 51,169 52,590 54,011 55,432 GS±13 ...... 50,706 52,396 54,086 55,776 57,466 59,156 60,846 62,536 64,225 65,915 GS±14 ...... 59,920 61,917 63,914 65,911 67,908 69,905 71,902 73,899 75,896 77,893 GS±15 ...... 70,482 72,832 75,181 77,531 79,881 82,231 84,580 86,930 89,280 91,629 1995 Salary Tables—Senior Executive the maximum rate of basic pay remains reflect the locality payments authorized Service, Senior-Level and Scientific or unchanged ($115,700), since the rate for by the President on November 30, 1994. Professional Positions, Administrative level IV of the Executive Schedule Salary Tables Nos. 95–ES (LEO) and 95– Law Judges, and Members of the Boards remains unchanged. SL/ST (LEO) contain the special law of Contract Appeals Under 5 U.S.C. 5304(h) and Executive enforcement adjusted rates of pay for Order 12883 of November 29, 1993, the SES members and for employees in Executive Order 12944 reflects a President’s Pay Agent has extended senior-level and scientific or decision by the President not to increase locality-based comparability payments professional positions whose official the rates of basic pay for members of the to members of the Senior Executive duty stations are located in five special Senior Executive Service (SES) in 1995. Service, administrative law judges, pay adjustment areas. These rates of pay Like administrative law judges and members of the Boards of Contract were authorized by section 404 of Contract Appeals Board members, SES Appeals, employees in senior-level and FEPCA. (The Pay Agent also extended members (including SES members in scientific or professional positions, locality payments to certain single- the Federal Bureau of Investigation and members of the Foreign Service, and agency categories of non-General the Drug Enforcement Administration) members of the Senior Foreign Service. will receive no across-the-board The locality rates of pay for affected Schedule employees. Individual increase in basic pay in 1995. In individuals (other than the Foreign agencies are responsible for calculating accordance with 5 U.S.C. 5376, the Service and Senior Foreign Service) are these locality payments.) minimum rate of basic pay for senior- shown on Salary Tables Nos. 95–ES The locality rates of pay and the level (SL) and scientific or professional (LOC), 95–SL/ST (LOC), 95–ALJ (LOC), special law enforcement adjusted rates (ST) positions will increase by 2 percent and 95–BCA (LOC). These rates of pay of pay are considered basic pay for the (to $81,529) because of the 2-percent are computed based on the scheduled same purposes as General Schedule General Schedule pay adjustment, while rates of pay for these positions and locality rates of pay. Rates of Basic Pay for Members of the Senior Executive Service, Employees in Senior-Level and Scientific or Professional Positions, Administrative Law Judges, and Members of the Boards of Contract Appeals Effective January 1995 SALARY TABLE NO. 95±ESÐRATES OF BASIC PAY FOR MEMBERS OF THE SENIOR EXECUTIVE SERVICE (SES) Annual rate ES±1 ...... $92,900 ES±2 ...... 97,400 ES±3 ...... 101,800 ES±4 ...... 107,300 ES±5 ...... 111,800 ES±6 ...... 115,700 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7359 SALARY TABLE NO. 95±SL/STÐRATES OF BASIC PAY FOR EMPLOYEES IN SENIOR-LEVEL (SL) AND SCIENTIFIC OR PROFESSIONAL (ST) POSITIONS Annual rate Minimum ...... $81,529 Maximum ...... 115,700 SALARY TABLE NO. 95±ALJÐRATES OF BASIC PAY FOR ADMINISTRATIVE LAW JUDGES (ALJ) POSITIONS Annual rate AL±3/A ...... $75,205 AL±3/B ...... 80,990 AL±3/C ...... 86,775 AL±3/D ...... 92,560 AL±3/E ...... 98,345 AL±3/F ...... 104,130 AL±2 ...... 109,915 AL±1 ...... 115,700 SALARY TABLE NO. 95±BCAÐRATES OF PAY FOR MEMBERS OF THE BOARDS OF CONTRACT APPEALS (BCA) Annual rate Chairman ...... $115,700 Vice Chairman ...... 112,229 Other Members ...... 108,758 LOCALITY RATES OF PAY FOR MEMBERS OF THE SENIOR EXECUTIVE SERVICE AND EMPLOYEES IN SENIOR-LEVEL AND SCIENTIFIC OR PROFESSIONAL POSITIONS [Effective January 1995] Salary Table No. 95±ES (LOC)ÐSenior Executive Service (SES) Salary Table No. 95±SL/ ST (LOC)ÐSenior-Level (SL) and scientific or Locality pay area professional (ST) posi- ES±1 ES±2 ES±3 ES±4 ES±5 ES±6 tions Minimum Maximum Atlanta, GA ...... $97,229 $101,939 $106,544 $112,300 $117,010 $121,092 $85,328 $121,092 Boston-Worcester-Lawrence, MA-NH- ME-CT ...... 99,375 104,189 108,895 114,779 119,592 *123,100 87,212 *123,100 Chicago-Gary-Kenosha, IL-IN-WI ...... 99,329 104,140 108,845 114,725 119,537 *123,100 87,171 *123,100 Cincinnati-Hamilton, OH-KY-IN ...... 97,852 102,591 107,226 113,019 117,759 121,867 85,874 121,867 Cleveland-Akron, OH ...... 96,830 101,520 106,106 111,839 116,529 120,594 84,978 120,594 Columbus, OH ...... 97,824 102,562 107,195 112,987 117,725 121,832 85,850 121,832 Dallas-Fort Worth, TX ...... 98,149 102,903 107,552 113,362 118,117 122,237 86,135 122,237 Dayton-Springfield, OH ...... 97,722 102,455 107,083 112,869 117,602 121,705 85,760 121,705 Denver-Boulder-Greeley, CO ...... 98,242 103,001 107,654 113,470 118,229 122,353 86,217 122,353 Detroit-Ann Arbor-Flint, MI ...... 99,022 103,819 108,509 114,371 119,168 *123,100 86,902 *123,100 Houston-Galveston-Brazoria, TX ...... 100,824 105,708 110,484 116,453 121,337 *123,100 88,483 *123,100 Huntsville, AL ...... 96,978 101,676 106,269 112,010 116,708 120,779 85,108 120,779 Indianapolis, IN ...... 97,155 101,861 106,462 112,214 116,920 120,999 85,263 120,999 Kansas City, MO-KS ...... 96,588 101,267 105,841 111,560 116,238 120,293 84,766 120,293 Los Angeles-Riverside-Orange County, CA ...... 99,765 104,598 109,323 115,229 120,062 *123,100 87,554 *123,100 Miami-Fort Lauderdale, FL ...... 97,907 102,650 107,287 113,083 117,826 121,936 85,923 121,936 New York-N. New Jersey-Long Island, NY-NJ-CT-PA ...... 99,682 104,510 109,231 115,133 119,961 *123,100 87,481 *123,100 Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD ...... 98,716 103,497 108,173 114,017 118,799 122,943 86,633 122,943 Portland-Salem, OR-WA ...... 97,276 101,988 106,595 112,354 117,066 121,149 85,369 121,149 Richmond-Petersburg, VA ...... 96,616 101,296 105,872 111,592 116,272 120,328 84,790 120,328 Sacramento-Yolo, CA ...... 97,796 102,533 107,165 112,955 117,692 121,797 85,826 121,797 St. Louis, MO-IL ...... 96,876 101,569 106,157 111,892 116,585 120,652 85,018 120,652 San Diego, CA ...... 98,604 103,380 108,051 113,888 118,665 122,804 86,535 122,804 San Francisco-Oakland-San Jose, CA . 100,462 105,328 110,087 116,034 120,901 *123,100 88,165 *123,100 Seattle-Tacoma-Bremerton, WA ...... 98,325 103,088 107,745 113,566 118,329 122,457 86,290 122,457 Washington-Baltimore, DC-MD-VA-WV 97,991 102,738 107,379 113,180 117,927 122,040 85,997 122,040 Rest of U.S ...... 96,374 101,043 105,607 111,313 115,981 120,027 84,578 120,027 *Rate limited to the rate for level III of the Executive Schedule (5 U.S.C. 5304(g)(2)). 7360 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices NOTE: Law enforcement officers in the Boston, Los Angeles, New York, and San Francisco CSMA's and in the San Diego MSA are entitled to the rates on Salary Tables Nos. 95±ES (LEO) or 95±SL/ST (LEO), as appropriate. LOCALITY RATES OF PAY FOR ADMINISTRATIVE LAW JUDGES AND MEMBERS OF BOARDS OF CONTRACT APPEALS [Effective January 1995] Salary Table No. 95±ALJ (LOC)ÐAdministrative Law Judges Salary table No. 95±BCA (LOC)Ðmem- bers of boards of contract appeals Locality pay area (BCA) AL±3/A AL±3/B AL±3/C AL±3/D AL±3/E AL±3/F AL±2 AL±1 Vice chair- Other mem- Chairman man bers Atlanta, GA ...... $78,710 $84,764 $90,819 $96,873 $102,928 $108,982 $115,037 $121,092 $121,092 $117,459 $113,826 Boston-Worcester-Lawrence, MA- NH-ME-CT ...... 80,447 86,635 92,823 99,011 105,200 111,388 117,576 *123,100 *123,100 120,051 116,338 Chicago-Gary-Kenosha, IL-IN-WI 80,409 86,595 92,780 98,965 105,150 111,336 117,521 *123,100 *123,100 119,995 116,284 Cincinnati-Hamilton, OH-KY-IN ... 79,213 85,307 91,400 97,493 103,587 109,680 115,773 121,867 121,867 118,211 114,555 Cleveland-Akron, OH ...... 78,386 84,416 90,446 96,475 102,505 108,535 114,564 120,594 120,594 116,976 113,358 Columbus, OH ...... 79,191 85,282 91,374 97,466 103,557 109,649 115,740 121,832 121,832 118,177 114,522 Dallas-Fort Worth, TX ...... 79,454 85,566 91,678 97,790 103,901 110,013 116,125 122,237 122,237 118,570 114,903 Dayton-Springfield, OH ...... 79,108 85,193 91,279 97,364 103,449 109,534 115,620 121,705 121,705 118,054 114,403 Denver-Boulder-Greeley, CO ...... 79,529 85,647 91,765 97,882 104,000 110,117 116,235 122,353 122,353 118,682 115,012 Detroit-Ann Arbor-Flint, MI ...... 80,161 86,327 92,493 98,660 104,826 110,992 117,158 *123,100 *123,100 119,625 115,925 Houston-Galveston-Brazoria, TX . 81,620 87,898 94,177 100,455 106,734 113,012 119,291 *123,100 *123,100 121,802 118,035 Huntsville, AL ...... 78,506 84,545 90,584 96,623 102,662 108,701 114,740 120,779 120,779 117,156 113,532 Indianapolis, IN ...... 78,649 84,699 90,749 96,799 102,849 108,899 114,949 120,999 120,999 117,369 113,739 Kansas City, MO-KS ...... 78,191 84,205 90,220 96,235 102,249 108,264 114,279 120,293 120,293 116,684 113,076 Los Angeles-Riverside-Orange County, CA ...... 80,763 86,975 93,188 99,400 105,613 111,825 118,038 *123,100 *123,100 120,523 116,795 Miami-Fort Lauderdale, FL ...... 79,259 85,355 91,452 97,549 103,646 109,743 115,839 121,936 121,936 118,278 114,620 New York-N. New Jersey-Long Island, NY-NJ-CT-PA ...... 80,695 86,902 93,110 99,317 105,524 111,731 117,939 *123,100 *123,100 120,422 116,697 Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD ...... 79,913 86,060 92,207 98,354 104,501 110,649 116,796 122,943 122,943 119,255 115,566 Portland-Salem, OR-WA ...... 78,747 84,805 90,862 96,920 102,977 109,035 115,092 121,149 121,149 117,515 113,881 Richmond-Petersburg, VA ...... 78,213 84,230 90,246 96,262 102,279 108,295 114,312 120,328 120,328 116,718 113,108 Sacramento-Yolo, CA ...... 79,168 85,258 91,348 97,438 103,528 109,618 115,708 121,797 121,797 118,143 114,490 St. Louis, MO-IL ...... 78,424 84,456 90,489 96,522 102,554 108,587 114,619 120,652 120,652 117,032 113,413 San Diego, CA ...... 79,823 85,963 92,103 98,243 104,383 110,524 116,664 122,804 122,804 119,120 115,436 San Francisco-Oakland-San Jose, CA ...... 81,327 87,583 93,838 100,094 106,350 112,606 118,862 *123,100 *123,100 121,364 117,611 Seattle-Tacoma-Bremerton, WA .. 79,597 85,720 91,843 97,966 104,088 110,211 116,334 122,457 122,457 118,783 115,109 Washington-Baltimore, DC-MD- VA-WV ...... 79,326 85,428 91,530 97,632 103,734 109,836 115,938 122,040 122,040 118,379 114,718 Rest of U.S...... 78,018 84,019 90,020 96,022 102,023 108,024 114,026 120,027 120,027 116,426 112,826 *Rate limited to the rate for level III of the Executive Schedule (5 U.S.C. 5304(g)(2)). SPECIAL LAW ENFORCEMENT ADJUSTED RATES OF PAY FOR MEMBERS OF THE SENIOR EXECUTIVE SERVICE AND EMPLOYEES IN SENIOR-LEVEL AND SCIENTIFIC OR PROFESSIONAL POSITIONS [Effective January 1995] Salary table No. 95±ES (LEO)Ðsenior executive service (SES) Salary table No. 95±SL/ ST (LEO)Ðsenior-level (SL) and scientific or Special pay adjustment area professional (ST) posi- ES±1 ES±2 ES±3 ES±4 ES±5 ES±6 tions Minimum Maximum Boston-Worcester-Lawrence, MA-NH- ME-CT ...... $107,764 $112,984 $118,088 *$123,100 *$123,100 *$123,100 $94,574 *$123,100 Los Angeles-Riverside-Orange County, CA ** ...... 107,764 112,984 118,088 *123,100 *123,100 *123,100 94,574 *123,100 New York-N. New Jersey-Long Island, NY-NJ-CT-PA ...... 107,764 112,984 118,088 *123,100 *123,100 *123,100 94,574 *123,100 San Diego, CA ...... 100,332 105,192 109,944 115,884 120,744 *123,100 88,051 *123,100 San Francisco-Oakland-San Jose, CA . 107,764 112,984 118,088 *123,100 *123,100 *123,100 94,574 *123,100 *Rate limited to the rate for level III of the Executive Schedule (5 U.S.C. 5304(g)(2)). **Does not include Santa Barbara County or that portion of Edwards Air Force Base outside the Los Angeles-Riverside-Orange County, CA CMSA. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7361 1995 Salary Table—Executive Schedule payment is listed by the name of the pay 251280005 Taunton The scheduled rates of pay for the area. Part of Hampden County: In parts of the Boston and New York Executive Schedule are authorized by 5 250489013 Holland pay areas, nine-digit codes are used. U.S.C. 5318 and Executive Order 12944 This list covers all locations within the Part of Worcester County: of December 28, 1994. Public Law 103– boundaries of the pay areas that are 250032027 Ashburnham 329 bars an increase in the rates of pay listed in Worldwide Geographic 250055027 Auburn for the Executive Schedule in 1995. Location Codes. Some minor civil 250079027 Barre Rates of Pay for the Executive Schedule divisions, which are part of the Office 250080027 Barre Plains of Management and Budget definition of 250098027 Berlin Effective Since January 1993 a CMSA, do not appear here because 250110027 Blackstone they have no geographic code. In some 250117027 Bolton SALARY TABLE NO. 95±EXÐ instances, there are multiple locations 250123027 Boylston EXECUTIVE SCHEDULE (EX) within a single minor civil division that 250150027 Brookfield 250185027 Charlton Annual rate have a geographic code. Each is listed separately here. 250186027 Charlton City 250189027 Charlton Depot LeveI I ...... $148,400 Atlanta, GA, 4.66% Level II ...... 133,600 250220027 Clinton Level III ...... 123,100 13–013 Barrow 250252027 Douglas Level IV ...... 115,700 13–015 Bartow 250263027 Dudley Level V ...... 108,200 13–045 Carroll 250272027 East Brookfield 13–057 Cherokee 250280027 East Douglas Definitions of 1995 Locality Pay Areas 13–063 Clayton 250297027 East Princeton 250332027 Fayville The Pay Agent’s report to the 13–067 Cobb 13–077 Coweta 250350027 Fitchburg President adopted the recommendations 13–089 DeKalb 250390027 Gardner made by the Federal Salary Council 13–097 Douglas 250436027 Grafton concerning the boundaries of pay 13–113 Fayette 250467027 Harvard localities for the purpose of locality- 13–117 Forsyth 250480027 Holden based comparability payments. The 13–121 Fulton 250510027 Hopedale Council recommended a total of 27 13–135 Gwinnett 250555027 Jefferson locality pay areas for 1995, including 13–151 Henry 250565027 Lancaster ‘‘Rest of U.S.’’ (RUS). 13–217 Newton 250585027 Leicester The Federal Salary Council 13–223 Paulding 250610027 Leominster recommended dropping 5 of the 28 13–227 Pickens 250619027 Linwood locality pay areas established by the Pay 13–247 Rockdale 250640027 Lunenburg Agent for 1994 and combining them 13–255 Spalding 250664027 Manchaug with RUS: Memphis, TN-AR-MS; 13–297 Walton 250745027 Mendon Norfolk-Virginia Beach-Newport News, Boston-Worcester-Lawrence, MA-NH- 250780027 Milford VA-NC; Oklahoma City, OK; Salt Lake 250785027 Millbury ME-CT; 6.97% City-Ogden, UT; and San Antonio, TX. 250820027 Millville These five areas will become part of Massachusetts 250834027 Morningdale RUS and will receive the same locality 25–009 all of Essex County 250900027 Northborough pay percentage as RUS in 1995—3.74 25–017 all of Middlesex County 250902027 Northbridge percent. The Council also recommended 25–021 all of Norfolk County 250910027 N. Brookfield adding four new locality pay areas in 25–023 all of Plymouth County 250916027 N. Grafton 1995 and removing them from RUS: 25–025 all of Suffolk County 250918027 N. Oxford Columbus, OH; Miami-Fort Lauderdale, Part of Bristol County: 250927027 N. Uxbridge FL; Portland-Salem, OR-WA; and 250007005 Acushnet 250944027 Oakdale Richmond-Petersburg, VA. These areas 250039005 Assonet 250943027 Oakham will receive a higher locality pay 250096005 Berkley 250980027 Oxford percentage than RUS for 1995—4.00 to 250188005 Chartley 250999027 Paxton 5.39 percent. 250251005 Dartmouth 251045027 Princeton The definitions of the locality pay 250254005 Dighton 251080027 Rochdale areas follow. Unless otherwise noted, all 250281005 East Freetown 251100027 Rutland of the components listed below are 250299005 Easton 251172027 Shrewsbury counties. The geographic codes appear 250315005 Fairhaven 251200027 South Barre in Worldwide Geographic Location 250385005 Freetown 251203027 South Berlin Codes, 1993. The geographic codes 250670005 Mansfield 251204027 Southborough listed for the majority of the pay areas 250850005 New Bedford 251210027 Southbridge consist of a two-digit State and three- 250911005 North Dartmouth 251228027 South Grafton digit county identifier. Where 250912005 North Dighton 251240027 South Lancaster applicable, city codes were added to the 250913005 North Easton 251260027 Spencer geographic code. Those areas are 250924005 Norton 251273027 Sterling identified by a two-digit State, four-digit 251064005 Raynham 251266027 Sterling Junction city, and three-digit county code. The 251062005 Raynham Center 251271027 Still River District of Columbia is identified by its 251135005 Segreganset 251278027 Sturbridge State code only. The percentage rate of 251219005 South Dartmouth 251269027 Sutton the locality-based comparability 251225005 South Easton 251283027 Templeton 7362 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 251310027 Upton 330435015 Raymond 39–017 Butler 251320027 Uxbridge 330445015 Rye 39–025 Clermont 251376027 Waterville 330447015 Rye Beach 39–061 Hamilton 251380027 Webster 330448015 Salem 39–165 Warren 251390027 Westborough 330462015 Sandown 251395027 West Boylston 330466015 Seabrook Kentucky 251410027 West Brookfield 330474015 South Danville 21–015 Boone 251439027 Westminster 330475015 South Hampton 21–037 Campbell 251455027 West Upton 330478015 Stratham 21–077 Gallatin 251470027 Whitinsville 330533015 West Rye 21–081 Grant 251500027 Winchendon 330527015 Westville 21–117 Kenton 251520027 Worcester 330551015 Windham 21–191 Pendleton Part of Strafford County: New Hampshire Indiana 330029017 Barrington Part of Hillsborough County: 330090017 Dover 18–029 Dearborn 330011011 Amherst 330100017 Durham 18–115 Ohio 330140017 Farmington 330018011 Bedford Cleveland-Akron, OH, 4.23% 330031011 Brookline 330281017 Lee 330160011 Goffstown 330311017 Madbury 39–007 Ashtabula 330180011 Greenville 330342017 Milton 39–035 Cuyahoga 330234011 Hollis 330345017 Milton Mills 39–055 Geauga 330240011 Hudson 330440017 Rochester 39–085 Lake 330299011 Litchfield 330443017 Rollinsford 39–093 Lorain 330310011 Manchester 330470017 Somersworth 39–103 Medina 330324011 Mason Maine 39–133 Portage 330334011 Merrimack 39–153 Summit Part of York County: 330340011 Milford Columbus, OH, 5.30% 330344011 Mont Vernon 230450031 Berwick 330350011 Nashua 231445031 Cape Neddick 39–041 Delaware 330357011 New Ipswich 232450031 Eliot 39–045 Fairfield 330401011 Pelham 234250031 Kittery 39–049 Franklin 330434011 Reeds Ferry 234300031 Kitterypoint 39–089 Licking 330509011 Weare 237450031 South Berwick 39–097 Madison 330540011 Wilton 239800031 York 39–129 Pickaway Part of Merrimack County 239900031 York Beach 239950031 York Harbor Dallas-Fort Worth, TX 5.65% 330236013 Hooksett 48–085 Collin Part of Rockingham County: Connecticut 48–113 Dallas 330012015 Atkinson Part of Windham County: 48–121 Denton 330013015 Auburn 090231015 Fabyan 48–139 Ellis 330025015 Brentwood 090259015 Grosvenordale 48–213 Henderson 330032015 Candia 090373015 Mechanicsville 48–221 Hood 330045015 Chester 090500015 N. Grosvenordale 48–231 Hunt 330087015 Danville 090603015 Quinebaug 48–251 Johnson 330085015 Derry 090749015 Thompson 48–257 Kaufman 330105015 East Derry Chicago-Gary-Kenosha, IL-IN-WI, 6.92% 48–367 Parker 330108015 East Hampstead 48–397 Rockwall 330112015 East Kingston Illinois 48–439 Tarrant 330123015 Epping 17–031 Cook Dayton-Springfield, OH, 5.19% 330130015 Exeter 17–037 DeKalb 330153015 Fremont 17–043 DuPage 39–023 Clark 330176015 Greenland 17–063 Grundy 39–057 Greene 330195015 Hampstead 17–089 Kane 39–109 Miami 330200015 Hampton 17–091 Kankakee 39–113 Montgomery 330199015 Hampton Beach 17–093 Kendall 330201015 Hampton Falls 17–097 Lake Denver-Boulder-Greeley, CO, 5.75% 330252015 Kensington 17–111 McHenry 08–001 Adams 330255015 Kingston 17–197 Will 08–005 Arapahoe 330305015 Londonderry Indiana 08–013 Boulder 330355015 New Castle 08–031 Denver 330354015 Newfields 18–089 Lake 08–035 Douglas 330356015 Newington 18–127 Porter 08–059 Jefferson 330370015 Newmarket Wisconsin 08–123 Weld 330381015 Newton 330382015 Newton Junction 55–059 Kenosha Detroit-Ann Arbor-Flint, MI, 6.59% 330391015 North Hampton Cincinnati-Hamilton, OH-KY-IN, 5.33% 26–049 Genesee 330384015 North Salem 26–087 Lapeer 330417015 Plaistow Ohio 26–091 Lenawee 330430015 Portsmouth 39–015 Brown 26–093 Livingston Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 7363 26–099 Macomb 36–027 Dutchess 34–033 Salem 26–115 Monroe 36–047 Kings Delaware 26–125 Oakland 36–059 Nassau 26–147 St. Clair 36–061 New York 10–003 New Castle 26–161 Washtenaw 36–071 Orange Maryland 26–163 Wayne 36–079 Putnam Houston-Galveston-Brazoria, TX, 8.53% 36–081 Queens 24–015 Cecil 36–085 Richmond Portland-Salem, OR-WA, 4.71% 48–039 Brazoria 36–087 Rockland 48–071 Chambers Oregon 48–157 Fort Bend 36–103 Suffolk 48–167 Galveston 36–119 Westchester 41–005 Clackamas 48–201 Harris New Jersey 41–009 Columbia 48–291 Liberty 41–047 Marion 48–339 Montgomery 34–003 Bergen 41–051 Multnomah 48–473 Waller 34–013 Essex 41–053 Polk 34–017 Hudson 41–067 Washington Huntsville, AL, 4.39% 34–019 Hunterdon 41–071 Yamhill 01–083 Limestone 34–021 Mercer 01–089 Madison 34–023 Middlesex Washington 34–025 Monmouth 53–011 Clark Indianapolis, IN, 4.58% 34–027 Morris 18–011 Boone 34–029 Ocean Richmond-Petersburg, VA, 4.00% 18–057 Hamilton 34–031 Passaic 51–036 Charles City 18–059 Hancock 34–035 Somerset 51–041 Chesterfield 18–063 Hendricks 34–037 Sussex 51–053 Dinwiddie 18–081 Johnson 34–039 Union 51–075 Goochland 18–095 Madison 34–041 Warren 51–085 Hanover 18–097 Marion 51–087 Henrico 18–109 Morgan Connecticut 18–145 Shelby 51–127 New Kent 09–001 all of Fairfield County 51–145 Powhatan Kansas City, MO-KS, 3.97% 09–009 all of New Haven County 51–149 Prince George Missouri Part of Litchfield County 51–570 Colonia Heights city 090051005 Bethlehem 51–670 Hopewell city 29–037 Cass 090083005 Bridgewater 51–730 Petersburg city 29–047 Clay 51–760 Richmond city 29–049 Clinton 090247005 Gaylordsville 29–095 Jackson 090372005 Marble Dale Sacramento-Yolo, CA, 5.27% 090450005 New Milford 29–107 Lafayette 06–017 El Dorado 29–165 Platte 090454005 New Preston 06–061 Placer 29–177 Ray 090535005 Oakville 090629005 Roxbury 06–067 Sacramento Kansas 090740005 Thomaston 06–113 Yolo 20–091 Johnson 090802005 Washington St. Louis, MO-IL, 4.28% 20–103 Leavenworth 090805005 Washington Depot 20–121 Miami 090817005 Watertown Missouri 20–209 Wyandotte 090857005 Woodbury Part of Crawford County: Los Angeles-Riverside-Orange County, Part of Middlesex County 297630055 Sullivan City CA, 7.39%* 090130007 Clinton 29–071 Franklin 29–099 Jefferson 090332007 Killingworth 06–037 Los Angeles 29–113 Lincoln 06–059 Orange Pennsylvania 29–183 St. Charles 06–065 Riverside 42–103 Pike 29–189 St. Louis 06–071 San Bernardino 29–219 Warren 06–083 Santa Barbara Philadelphia-Wilmington-Atlantic City, 29–510 St. Louis city 06–111 Ventura PA-NJ-DE-MD, 6.26% 061077029 Edwards Air Force Base Illinois Pennsylvania Miami-Fort Lauderdale, FL, 5.39% 17–027 Clinton 42–017 Bucks 17–083 Jersey 12–011 Broward 42–029 Chester 12–025 Dade 17–119 Madison 42–045 Delaware 17–133 Monroe New York-Northern New Jersey-Long 42–091 Montgomery 17–163 St. Clair Island, NY-NJ-CT-PA, 7.30%* 42–101 Philadelphia San Diego, CA, 6.14% New York New Jersey 06–073 San Diego 36–005 Bronx 34–001 Atlantic 34–005 Burlington San Francisco-Oakland-San Jose, CA, * GS employees in the Los Angeles and New York 34–007 Camden 8.14% CMSA’s will continue to receive the 8-percent 34–009 Cape May ′ interim geographic adjustments authorized since 06–001 Alameda 1991, but will also receive the 2 percent general 34–011 Cumberland 06–013 Contra Costa increase. 34–015 Gloucester 06–041 Marin 7364 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Notices 06–055 Napa 24–005 Baltimore 51–153 Prince William 06–075 San Francisco 24–009 Calvert 51–177 Spotsylvania 06–081 San Mateo 24–013 Carroll 51–179 Stafford 06–085 Santa Clara 24–017 Charles 51–187 Warren 06–087 Santa Cruz 24–021 Frederick 51–510 Alexandria city 06–095 Solano 24–025 Harford 51–600 Fairfax city 06–097 Sonoma 24–027 Howard 51–610 Falls Church city 24–031 Montgomery 51–630 Fredericksburg city Seattle-Tacoma-Bremerton, WA, 5.84% 24–033 Prince George’s 53–029 Island 24–035 Queen Anne’s 51–683 Manassas city 53–033 King 24–037 St. Marys 51–685 Manassas Park city 53–035 Kitsap 24–043 Washington West Virginia 53–053 Pierce 24–510 Baltimore city 53–061 Snohomish 54–003 Berkeley Virginia 53–067 Thurston 54–037 Jefferson 51–013 Arlington Rest of U.S., 3.74% Washington-Baltimore, DC-MD-VA-WV, 51–043 Clarke 5.48% 51–047 Culpeper Those portions of the 48 contiguous 11 District of Columbia 51–059 Fairfax States and the District of Columbia not 51–061 Fauquier located within another locality pay area. Maryland 51–099 King George [FR Doc. 95–2819 Filed 2–6–95; 8:45 am] 24–003 Anne Arundel 51–107 Loudoun BILLING CODE 6301±01±P federal register February 7,1995 Tuesday Dust; FinalRule Regulatory DeterminationonCementKiln 40 CFRPart261 Protection Agency Environmental Part IV 7365 7366 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations ENVIRONMENTAL PROTECTION EPA will promulgate as a result of F. Potential Risks to Human Health and the AGENCY today’s determination, EPA intends to Environment exclude clinker from regulation as a G. Environmental Justice 40 CFR Part 261 derived-from hazardous waste when H. Potential Costs and Impacts of Subtitle C Regulation CKD is re-introduced. At this time, EPA [EPA 530±Z95±003; FRL±5149±6] I. Regulatory Options has no indication that such clinker III. Applying the Decision Rationale in RIN 2050±AD99 poses an unacceptable threat to human Making the Regulatory Determination health or the environment. A. Step 1: Does Management of CKD Pose Regulatory Determination on Cement Human Health and Environmental ADDRESSES: Copies of this regulatory Kiln Dust Problems? Might Current Practices Cause determination and the supporting Problems in the Future? AGENCY: Environmental Protection record docket are available for public B. Step 2: Is More Stringent Regulation Agency. inspection and copying at the RCRA Necessary and Desirable? ACTION: Regulatory determination. docket, 401 M Street, SW., Washington, C. Step 3: What Would be the Operational DC, Room M2616, 2nd floor, Waterside and Economic Consequences of a SUMMARY: Today’s action presents the Mall. The docket number for this action Decision to Regulate Under Subtitle C? Environmental Protection Agency’s is F–94–RCKD–FFFFF. The docket is IV. Regulatory Determination for Cement (EPA) regulatory determination on open from 9 to 4 p.m., Monday through Kiln Dust cement kiln dust (CKD) waste. This Friday, except federal holidays. In order V. Next Steps VI. Regulatory Flexibility Analysis action is required by the Resource to access the docket, please call (202) Conservation and Recovery Act (RCRA). VII. Executive Order 12866 260–9327 to make an appointment. VIII. Regulatory Determination Docket EPA has concluded that additional Copies are free up to 100 pages and control of CKD is warranted in order to thereafter cost $0.15/page. I. Background protect the public from human health This document and the Response to A. Statutory Authority risks and to prevent environmental Public Comments document are also EPA is issuing today’s notice under damage resulting from current disposal available on the EPA’s Clean-up the authority of section 3001(b)(3)(C) of of this waste. The primary Information Bulletin Board (CLU–IN). the Resource Conservation and environmental concerns to be addressed To access CLU–IN with a modem of up Recovery Act (RCRA), as amended. This through additional controls are to 28,800 baud, dial (301) 589–8366. section requires that, after completing documented damages to ground water First-time users will be asked to input the Report to Congress (RTC) mandated and potable water supplies, and some initial registration information. by section 8002(o) of RCRA, the EPA potential human health risks from Next, select ‘‘D’’ (download) from the Administrator must determine whether inhalation of airborne CKD and main menu. Input the file name Subtitle C regulation of CKD waste is ingestion via food chain pathways. The ‘‘CKD6.ZIP’’ to download this notice. warranted. The RTC documents EPA’s Agency has decided to take a common Input the file names ‘‘CKD7.ZIP’’ and study of CKD. It was signed by the sense approach in imposing such ‘‘CKD8.ZIP’’ to download the two files Administrator on December 30, 1993. controls. In order to avoid duplication that contain the two response to public among regulatory programs, the Agency comments documents. Follow the on- B. Public Comment Process will use, as appropriate, its various line instructions to complete the After submitting the RTC to Congress, authorities under the Clean Air Act, download. More information about the EPA provided the public with an Clean Water Act, and RCRA to address download procedure is located in opportunity to comment on the report the relevant pathways of potential Bulletin 104; to read this bulletin type and the appropriateness of regulating contaminant releases from CKD. ‘‘B 104’’ from the main menu. For CKD under RCRA Subtitle C (59 FR 709, Under Subtitle C of RCRA, the Agency additional help with these instructions, 1/6/94). The public comment period will develop a tailored set of standards telephone the CLU–IN help line at (301) lasted until February 22, 1994 (59 FR for CKD that controls releases to ground 589–8368. water. The tailored standards will 709, 1/6/94). Due to numerous requests protect human health and the FOR FURTHER INFORMATION CONTACT: For to lengthen the comment period, EPA environment, while imposing a minimal general information, contact the RCRA/ extended the comment period to March burden on the regulated community. Superfund Hotline at (800) 424–9346 or 8, 1994 (59 FR 6640, 2/11/94). To ensure Until the tailored regulations are (703) 412–9810; for technical that all interested parties had an published by the Agency, CKD will information contact Bill Schoenborn, opportunity to present their views, EPA retain the Bevill exemption and the U.S. Environmental Protection Agency not only held a public hearing in status of CKD under RCRA Subtitle C (5302W), 401 M Street SW., Washington, DC, but also held a series will remain unchanged. Those cement Washington, DC 20460, at (703) 308– of public meetings with representatives manufacturing facilities that burn RCRA 8483. of the cement industry, the hazardous waste treatment industry, regional and hazardous waste in their kilns will still SUPPLEMENTARY INFORMATION: be required to test their CKD to see that state environmental authorities, and it remains unaffected by the combustion Table of Contents citizen groups. of hazardous waste. I. Background EPA received approximately 1,100 EPA has not included an evaluation of A. Statutory Authority written comments, 18 videotapes, and a clinker or other products or by-products B. Public Comment Process number of photographs prior to the of cement production in this regulatory C. Stakeholder Comments close of the RTC comment period. All determination. In the absence of the II. Major Findings of the RTC and NODA individual comments and a transcript A. Sources and Volumes of Waste CKD regulatory exemption, under B. Current and Alternative CKD from the public hearing are available for certain regulatory scenarios clinker Management Practices public inspection in the RTC docket produced from re-introduced CKD could C. Existing Regulatory Controls (Docket No. F–94–RCKA–FFFFF). The be considered a hazardous waste. D. Waste Characteristics docket also contains a summary of all However, as part of the regulations that E. Documented Evidence of Damage the comments presented at the public Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7367 meetings and public hearing, as well as Comments were received on a wide waste, stated that releases of CKD from those submitted in writing. variety of topics discussed in the RTC plants in their communities are a visual To supplement the information and NODA including cement nuisance, degrade the air and included in the CKD RTC, the Agency production and CKD generation and vegetation, and cause health problems analyzed the public comments and characteristics; current and alternative for themselves and their neighbors. undertook several additional data CKD management practices; EPA has carefully reviewed all collection and analysis efforts. The new documented damage and potential comments in arriving at today’s final data generated by EPA were placed into danger to human health and the determination. The Agency has the RCRA docket for public inspection environment; existing regulatory prepared a detailed summary of and comment and a Notice of Data controls on CKD management; and cost comments received, along with Availability (NODA) was published in and economic impacts of alternatives to responses, in two background the September 14, 1994, Federal current CKD disposal practices. The documents that are available for viewing Register (59 FR 47133). The Agency following is a brief summary of the in the RCRA docket. The first document, provided a 30-day comment period for major positions presented in the public titled Summary of and Responses to review of the new data and analyses. comments. (A detailed response to all of Comments on the Report to Congress, The principal new documents placed in the comments is included in two presents the public comments and the the docket addressed the following background documents that are Agency’s response to these comments issues: Additional CKD damage cases; identified below.) on the Report to Congress on Cement environmental justice; analysis of CKD Companies and groups representing Kiln Dust; the second document, titled generation and characteristics data; the cement manufacturing industry Summary of and Responses to costs of CKD management alternatives; generally stated that CKD exhibits low Comments on the Notice of Data and human health and environmental inherent toxicity and poses minimal risk Availability, presents the public risks posed by CKD management. to human health and the environment. comments and the Agency’s response to Subsequent to issuing the NODA, EPA They argued for continued management the material announced in the NODA. identified certain errors and, in a of CKD using existing Federal and State II. Major Findings of the RTC and supplemental errata document, authorities, and urged the Agency to work with the cement industry to NODA corrected certain portions of the new develop voluntary standards for the data pertinent to additional assessments In this section, EPA briefly restates management of all CKD. some of the basic technical findings of potential risk from CKD waste. EPA Commenters from companies that presented in the RTC, as well as new published a correction Notice on handle CKD stated that CKD has insights presented in the technical October 11, 1994 (59 FR 51440) that numerous beneficial uses (e.g., as a identified the corrections and provided liming agent or sewage sludge stabilizer) background documents announced in a public comment period on the which would be detrimentally affected the NODA. These findings are generally corrected materials until November 10, by regulation of CKD as a hazardous presented in categories that correspond 1994. waste. to the study factors listed in RCRA In preparing both of these Notices, the Companies and groups representing section 8002(o). Agency made a special effort to make the hazardous waste treatment industry A. Sources and Volumes of Waste the data accessible to the public. In generally argued for an aggressive addition to placing this information in regulatory determination for CKD. These Information received by the Agency the RCRA docket, the Agency posted commenters generally favored removing since publication of the RTC (in data files in electronic format on EPA’s the exemption and immediately comments and from additional research) Superfund electronic bulletin board imposing hazardous waste regulations suggests that, as of 1992, the domestic (CLU–IN) and made these data available for the management of CKD, especially cement industry consisted of 111 plants on disk upon request. dust from kilns that burn hazardous operated by 46 companies. The five Today’s decision is based on the RTC waste. largest cement clinker producing states and the data and analyses that underlie Public interest groups generally stated are California, Texas, Pennsylvania, the report, as well as on public that current industry management of Missouri, and Michigan. The cement comments received during the public CKD from kilns that burn hazardous industry burns large amounts of high hearing and public meetings, or in waste causes chronic human health Btu fuels, primarily coal and other fossil written form submitted during the problems and extensive environmental fuels, during the manufacturing process. comment periods, and EPA analyses of damages, including degraded water and In 1990 and in 1992, 23 facilities also these comments. air quality, affecting local residents burned hazardous waste as fuels. around cement manufacturing facilities. Based on an analysis of existing data, C. Stakeholder Comments These commenters generally argued for including data collected by the Portland The Agency received over 1,100 immediate adoption of hazardous waste Cement Association and separately by public comments on the RTC on Cement regulations for CKD generated from EPA under RCRA section 3007 authority Kiln Dust and subsequent Technical hazardous waste-burning kilns. from operators of cement manufacturing Background Documents from individual Most of the comments from public facilities, the Agency has determined companies and trade organizations citizens were from residents living that, nationally, cement plants generate representing the cement industry and around cement manufacturing facilities, large quantities of CKD. In particular, their affiliated consultants, suppliers, and the commenters were divided in EPA has estimated that in 1990, the and waste fuel blenders; individual their position on CKD. Some generation of gross CKD (i.e., CKD that companies and trade groups commenters expressed concern over is collected by air-pollution control representing the hazardous waste potential loss of jobs at plants in their devices) was 12.7 million metric tons. incineration industry, and their communities if CKD is regulated as a There are, however, wide variations associated consultants; other companies hazardous waste. Others commenters, among kilns and plants in the amount that handle CKD; public interest groups; generally residents who live around of gross CKD generated per ton of and private citizens. cement plants that burn hazardous clinker. 7368 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations In addition, there are also wide of CKD that is disposed by recycling it by the hazardous waste fuel. See 40 CFR variations among kilns and plants in the back into the kiln. The Agency has 266.112. amount of net CKD (i.e., CKD that is identified a number of pollution For states with the highest cement either disposed or used beneficially off- prevention opportunities, including flue production capacity (California, site) that is generated. For example, 25 gas desulfurization, fluid-bed dust Michigan, Pennsylvania, and Texas), the percent of the facilities produce recovery, and leaching with water, that Agency has found that CKD waste is essentially no net CKD, while 10 plants may, in some instances, represent low- subject to some regulation under State (about 10 percent of the population) cost and potentially profitable and local laws, but the requirements generate 40 percent of all net CKD. alternatives to CKD disposal. In vary significantly from State to State. Finally, the Agency also found that addition, the Agency has received some the burning of hazardous waste is For example, California regulates CKD evidence, in comments from cement as a non-RCRA hazardous waste, but has correlated with the volume of dust that companies, that raw material is actually disposed. Kilns that burn suspended enforcement of the substitution may be a highly effective management requirements for CKD that hazardous waste remove from the kiln means of increasing CKD recycling system an average of 75 to 104 percent fails the State’s hazardous waste rates. This may be done by controlling corrosivity test, pending the results of more dust per ton of clinker than kilns the input of contaminants (in raw further study of CKD and other that do not burn hazardous waste. materials and fuels) to the kiln system, cementitious materials. Pennsylvania Regression modeling conducted by EPA thereby reducing or eliminating the regulates CKD as a residual waste, for the NODA analyses showed a need to purge the kiln system of requiring facilities to comply with site- consistent, statistically significant contaminants by removing larger specific disposal requirements and association between hazardous waste volumes of CKD from the system. fuel burning in cement kilns and waste reduction strategies, which are increased CKD generation on a gross, C. Existing Regulatory Controls both periodically updated by the State. net, and disposed basis. EPA’s work In contrast, Michigan and Texas both Federal statutes that potentially affect does not establish the cause of this consider CKD an industrial non- CKD management include the Clean Air statistical relationship between hazardous waste. Michigan requires Act (CAA), Clean Water Act (CWA), the hazardous waste fuel burning and CKD permits, ground water monitoring, and Resource Conservation and Recovery generation. The Agency, however, regular reports of ground water Act (RCRA), and the Comprehensive believes that increased CKD generation sampling results, whereas Texas issues is maybe due either to the burning of Environmental Response, Compensation non-enforceable guidance.1 hazardous waste, or to some other plant- and Liability Act (CERCLA). Regulations D. Waste Characteristics specific operating factors such as the developed under authority of the CAA composition of the raw material feed. and CWA impose controls on releases of CKD to the air (via stack or fugitive dust While CKD itself does not exhibit the B. Current and Alternative CKD emissions, 40 CFR Part 50) and water RCRA Subtitle C hazardous waste Management Practices (National Pollution Discharge characteristic of corrosivity (40 CFR 261.22) 2, EPA’s data show that mixtures Most of the gross CKD—8.2 million Elimination System (NPDES), 40 CFR of CKD and water often exhibit the metric tons, or 64 percent—was Part 122, point source effluent characteristic of corrosivity. In recycled directly back into the kiln or discharges, and 40 CFR Part 411, particular, runoff from precipitation that raw feed system in 1990. For that effluent guidelines for cement contacts CKD storage and waste piles portion of CKD that is disposed, manufacturing facilities), respectively. generates considerable volumes of standard industry practice is to place it Under both RCRA and CERCLA, the wastewater. EPA data show that the pH in piles, quarries, or landfills, most of Federal government can respond where level in such precipitation runoff which are unlined and uncovered. Some the release of CKD or its constituents active piles are also managed may present an imminent and typically exceeds 12.5 standard units, underwater or adjacent to surface water substantial danger to human health or the standard for the corrosivity and/or agricultural lands. Although the environment. CKD that is not characteristic for hazardous wastes (40 most CKD removed from the kiln system directly recycled is also subject to CFR 261.22). is disposed on-site, some is sold for off- regulation under Subtitle D of RCRA as In addition, EPA’s analyses of CKD site beneficial use. For example, in a solid waste. In addition, CKD show that CKD does contain certain 1990, about 7 percent of CKD generated generating facilities that burn RCRA metals listed in Appendix 8 (897,000 metric tons) was sold for off- hazardous waste in kilns are subject to (‘‘Hazardous Constituents’’) part 261 of site use, most of it as a waste stabilizer, the RCRA Boiler and Industrial Furnace RCRA. Table 1 presents the range of liming agent, or materials additive. (BIF) rule (40 CFR part 266) and other total concentration levels for a number Cost-effective opportunities may exist, RCRA requirements if the CKD from that of other toxic metals EPA has observed however, to further reduce the amount combustion is ‘‘significantly affected’’ in CKD. TABLE 1.ÐMeasured Metals Levels in CKD 1 [Mg/kg (parts per million), total basis] No. of sam- Metal ples Min. Mean Max. Antimony ...... 52 0.09 11.5 102 Arsenic ...... 60 0.26 14.1 80.7 Barium ...... 59 0.43 181 900 Beryllium ...... 53 0.1 1.03 6.2 1 Texas is in the process of developing on-site 2 EPA hazardous waste identification rules do not management standards for cement kiln dust and include a characteristic or definition for solid expects to propose them in 1995. corrosives. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7369 TABLE 1.ÐMeasured Metals Levels in CKD 1ÐContinued [Mg/kg (parts per million), total basis] No. of sam- Metal ples Min. Mean Max. Cadmium ...... 61 0.065 9.7 44.9 Chromium ...... 61 3.9 31.2 105 Lead 2 ...... 63 3.1 287 2,620 Mercury ...... 57 0.003 0.33 2.9 Nickel ...... 45 3 19.9 55 Selenium ...... 52 0.1 12.2 103 Silver ...... 56 0.25 5.9 40.7 Thallium ...... 57 0.44 33.6 450 1 Metals data sources include 1992 APCA survey, EPA sampling data, and public comments on the RTC. 2 The median value for lead is 113 mg/kg. For many of the toxic metals, the those that do not burn hazardous waste. are off-site were also affected. For concentrations detected in kiln dust (This finding was corroborated for example, excessive discharges from two were not significantly different whether metals in CKD by leachate test results facilities in Mason City, Iowa caused the dust is generated from kilns that submitted to the Agency by the cement severe degradation of the aquatic habitat burn or do not burn hazardous waste. industry.) For example, laboratory in nearby Calmus Creek. Observed However, for lead, cadmium, and analysis of CKD using the Toxicity releases are commonly chronic at sites chromium, the mean concentration Characteristic Leaching Procedure at which exceedances have been found in CKD generated by kilns that (TCLP) shows that trace metal documented. However, most of the burn hazardous waste is measurably concentrations rarely exceed RCRA documented surface water damage cases higher than in CKD from those kilns that toxicity limits, whether or not the CKD occurred prior to 1991, which was do not burn hazardous waste; is generated at kilns that burn hazardous before implementation of NPDES conversely, thallium and barium waste.5 general stormwater permits. concentrations are measurably higher in E. Documented Evidence of Damage CKD from kilns that do not burn Information on environmental quality, hazardous waste.3 4 Migration of potentially hazardous on which this evidence is based, is With respect to organics, volatile and constituents, including metals, has limited by available data from each of semi-volatile compounds were generally occurred from CKD waste sites. In the the 127 sites evaluated. For those sites not found in CKD. However, levels of RTC and subsequent NODA, EPA for which data were available, files 2,3,7,8-substituted dioxin, and 2,3,7,8- identified 14 cases of damage (10 contained information on releases, but substituted dibenzofuran were detected, documented and 4 potential) to surface little human exposure data. although the concentrations were water and ground water and 36 cases of Significantly, releases to ground water documented damage to air from CKD generally low—ranging from 0.5 to 20 were observed at all sites for which EPA waste.6 By damage, the Agency means ppt for dioxin and non-detected to 470 has received ground water monitoring that metal constituents have ppt for furan. The calculated 2,3,7,8– data; if there had been additional TCDD TEQ values for the facilities contaminated ground water and/or surface water, and/or air above a federal ground water monitoring data from sampled by EPA ranged from non- other sites, further evidence of leaching detected to 9 ppt. or state standard (e.g., a maximum concentration limit). Constituents of and contamination would likely have Note: EPA sampling data for one cement concern that have been released to been found. While the Agency has no plant reported a total dioxins concentration documented data on contaminant in CKD as high as 16 ppb, with a TEQ value ground and surface waters include for the managed CKD of 195 ppt. The total arsenic, chromium, and lead, among transport off-site, or documented data dioxins level measured for this plant were at others. When ground water and surface on human exposure and risk at the point least 21⁄2 times higher than those found at water exceedances do occur, the of drinking water use, this is because any of the other plants sampled by EPA. magnitude of the exceedance is variable, the drinking water wells at these sites In terms of potential constituent going as high as two orders of are currently located far enough away, solubility and release, leach test results magnitude above the standard. and/or tap aquifers are isolated enough, show that no significant distinction can Environmental damage generally affects to be unlikely to intersect contaminated be made between CKD generated from the area in the immediate vicinity of the ground water. To the extent that wells kilns that burn hazardous waste and waste disposal site. However, in some would be drilled closer to the sites or cases, nearby wetlands and streams that the contamination spreads, there is 3 The differences cited are those discernible at a potential that the wells would tap CKD- 95 percent confidence level. 5 A separate issue raised by commenters is contaminated ground water. Waste 4 While lead, cadmium, and chromium were whether the TCLP adequately depicts the potential observed to be higher in CKD from facilities that for metals to leach from CKD. See the background disposal practices at sites where water burn hazardous waste, generally the difference in document to this Notice entitled Summary of and damages have been documented include mean constituent concentrations by themselves are Response to Comments on the Report to Congress management in waste piles, abandoned not enough (i.e., do not differ by more than a factor in the RCRA docket for a discussion of this issue. of about 2) to result in discernible risk estimates 6 EPA received many comments on the specific quarries, or landfills, all of which were between facilities that do and do not burn damage cases described in both the RTC and unlined. Air damages are cited as hazardous waste, after considering other site- subsequent NODA. Based on review of the damage primarily due to mechanical failure of specific factors affecting exposure (e.g., proximity of cases, except for only one reassessment, the Agency dust handling equipment. exposure points, topography). The concentrations of believes the information received does not barium, chromium, and nickel in CKD are within contradict the Agency’s basic conclusions regarding the typical range found in U.S. soils. any of the damage cases. 7370 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations F. Potential Risks to Human Health and consistent with some of the damage and subsistence fishers from CKD the Environment cases); however, it should be regarded metals (principally arsenic) could occur Based on an extensive data base as a significant qualification to the at about 12 percent of the 83 cement compiled from industry sources, Agency general findings of low or negligible risk plants studied. Similar risk levels due to field visits, RCRA section 3007 from the ground water pathway risk dioxins are also possible at some information requests, information modeling results. additional sites, although the Agency’s • In its follow-up work leading to the submitted in comments, literature data base on dioxin concentrations in NODA, EPA did find evidence of reviews, and other public sources, the CKD was not extensive enough to possible risk to human health due to the Agency conducted a series of risk conduct a similar large sample study. In fine particulate nature of inhaled dust. screening and site-specific risk addition, about 18 percent of the plants Although the Agency’s direct inhalation modeling studies to evaluate potential (mostly the same plants with the higher exposure modeling studies described in estimates for cancer risks) were risks from on-site management and off- the RTC did not indicate significant risk estimated to have potential non-cancer site uses of CKD. Methodologies and from inhaled chemical constituents in hazard ratios greater than 0.1 for highly results of these studies were CKD, subsequent screening-level exposed potential farmer/fisher documented in Chapter 6 of the RTC modeling on a small number of plants individuals. That is, they would and its related technical background did indicate that windblown dust from contribute enough of a toxic metal such document and in two subsequent EPA uncontrolled CKD waste management as cadmium, chromium, or thallium technical background documents titled units could exceed EPA’s health-based through a possible food source (fish, Human Health and Environmental Risk fine particulate (10 micron or less) vegetable, or beef and milk source) to Assessment in Support of the National Ambient Air Quality Standard equal one-tenth of a subsistence Regulatory Determination on Cement (NAAQS) at plant boundaries, and individual’s allowable health-based- Kiln Dust (August 31, 1994) and potentially at nearby residences. Results standard intake from all sources. In a Supplemental Errata Document for the from a more recent extension of this few instances, a toxic metal food chain Technical Background Document for the work to a larger sample of 52 cement exposure was estimated to exceed a Notice of Data Availability on Cement plants suggest that 28 of the plants non-cancer health based standard by Kiln Dust (September 30, 1994). could exceed NAAQS standards at plant more than a factor of 100. Preliminary Principal findings from these studies boundaries, if the plants do not have analysis presented in the September include the following: 7 • effective dust control mechanisms. 1994 technical background document Among a sample of 83 plants for Although quantitative risks presently also suggested possibilities for elevation which EPA had sufficient data to can not be estimated, these initial of blood lead levels in children living conduct a site-specific risk screening modeling results relating to fine near uncontrolled CKD piles, due to evaluation for metals in CKD, the particulates suggest cause for concern food chain exposures. Agency predicted only low or negligible and argue for further attention to this These indirect pathway risk estimates risk potential from on-site management source of fugitive dust. are based on current standard Agency of CKD via conventional direct • The Agency also modeled health methods to account for toxic metals and pathways of constituent transport and risks via indirect food-chain pathways dioxins to be bio-concentrated in plant exposure (drinking water, incidental (i.e., risks from ingestion of crop or and animal components of foods for direct ingestion, chemical inhalation) livestock products or fish containing human consumption. The Agency did via ground water contamination, surface CKD-derived chemical contaminants). not have direct data on local food water runoff to streams or lakes, or These contaminants reach the food consumption patterns for backyard windblown dust. However, there are chain as part of storm water run-off and/ gardeners, subsistence farmers, or three principal and important or wind erosion from uncontrolled CKD recreational or subsistence fishermen in qualifications to these direct pathway storage or disposal areas to nearby water areas of potential exposure. In this findings: bodies and farm fields. The Agency’s instance, standard Agency assumptions • As noted above, EPA has found indirect pathway methodology is (as documented in the RTC and empirical evidence of ground water relatively new, complex, and still under background document) regarding contamination near the management refinement and peer review. Therefore, consumption rates of home-grown beef, unit at each cement manufacturing the reported results must be regarded as dairy products, vegetables and family- facility where ground water quality data preliminary and subject to substantial caught fish were used to estimate exist; these sites are located in both uncertainties. However, the exposures to these potentially affected areas of karst and non-karst terrain. methodology represents the best consumers. • According to U.S. Geological available approach for evaluating these The particular sites selected for Survey maps and other sources, about potential risk pathways of interest. indirect pathway analysis from among half of all cement plant sites are EPA’s indirect food chain risk the 83 plants in EPA’s study were underlain by limestone formations in modeling estimated that potential carefully screened with respect to the areas of karst landscape. These individual cancer risks in the 1×10¥5 (1 potential for CKD releases from limestone formations may have fissures in 100,000) to 1×10¥3 (1 in 1,000) range currently active piles and exposures via caused by rock dissolution along joints to highly exposed subsistence farmers land, air, and surface water pathways. or bedding planes with hydraulic Proximity to nearby streams or lakes (for characteristics that allow leachate to 7 Documentation and detailed results of five case possible risk via fish ingestion) and directly enter ground water aquifers study facilities are documented in the technical distance to actual farm fields and rural without substantial dilution or background document for the NODA on human health and environmental risk assessment (see 59 dwellings likely to have gardens (for attenuation. Available ground water FR 47133). The documentation and detailed results potential exposures from home grown pathway modeling techniques are not of the more recent work are presented in the vegetables and/or beef and milk) were applicable under these conditions. This Technical Background Document on Potential Risks determined from a variety of sources, does not necessarily mean that ground from Cement Kiln Dust in support of the Cement Kiln Dust Regulatory Determination, January, 1995. including company-provided maps, U.S. water contamination will occur at these This document is located in the RCRA docket No. Geological Survey maps, and aerial cement plants (although that would be F–95–RCKD–FFFFF. photographs. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7371 EPA’s risk assessment work did not most susceptible to the risks posed by million per year per plant (not including explicitly consider the potential for the management of CKD.8 In the RTC, corrective action), depending on an changes in population around CKD EPA solicited comment on the individual plant’s current CKD quantity management units, which would alter prevalence of these activities around and local landfill construction future direct and indirect exposure existing cement manufacturing conditions. This range for typical potentials. Proximity to the source is facilities. The Agency also requested annual plant costs translates into $3 to one of the more important determinants comment on environmental justice $28 per ton of cement, or 6 to 56 percent of risk, and many cement plants are issues (i.e., the fair treatment of people of a plant’s annual gross value of sales experiencing encroachment by human of all cultures, incomes, and educational (at a nominal selling price of $50 per ton populations. levels with respect to protection from of cement). • The Agency also studied several off- environmental hazards) associated with Such high costs are a result of the site beneficial uses of waste dust. Most the management of CKD. relatively high waste-to-product ratios current off-site uses, such as for waste As part of the NODA, EPA announced among plants in this industry and the stabilization or general construction, are the availability of a report titled Race, high unit compliance costs for the full either currently regulated (under RCRA Ethnicity, and Poverty Status of Subtitle C technology. Costs at for hazardous waste stabilization, or Populations Living Near Cement Kilns individual plants might be reduced if under the Clean Water Act in the case in the United States. The report facility operators could decrease net of municipal sewage sludge) or appear includes numerous analyses and waste generation rates by improving to present low risk due to low exposure summaries of the demographics data, basic plant efficiencies, substituting potential. However, one current use—as and is available in the RCRA docket. lower alkali raw materials, or a lime/fertilizer substitute on One analysis indicated that, of the implementing dust reclamation and agricultural fields—was found to facilities studied, approximately three- recycling technologies, as discussed in present some potential for indirect food fourths of the sites have a minority Chapters 8 and 9 of the RTC. The extent chain risk under plausible exposure population at or below the national to which these pollution prevention modeling assumptions for highly average of 24 percent living within one options can be implemented exposed farmers. mile of the facility while the remaining economically, however, is uncertain. As reported in the RTC and the sites had minority populations higher For those facilities with high CKD December 1993 technical background than the national average living within generation rates that cannot reduce their document, median industry-wide CKD a mile of the site. With regard to poverty waste-to-product ratios economically, constituent concentration values for level, approximately 54 percent of the costs for the full Subtitle C scenario metals and dioxins did not yield cancer facilities had less than 13 percent of the would be prohibitively high, and a or non-cancer human health risks of population (national average) living substantial portion of the industry could concern when modeled using current below the poverty level within one mile become noncompetitive. Projected Agency indirect food chain modeling of the facility while 46 percent of the impacts under this regulatory scenario procedures and a normal land facilities had more than 13 percent of suggest a substantial curtailment of application rate of two tons of CKD per the population living below the poverty domestic cement capacity and acre every three to five years. However, level within one mile of the facility. production, a shift in market share cancer risks for subsistence farming in towards the more efficient domestic excess of 1×10¥4 (1 in 10,000) were H. Potential Costs and Impacts of producers, higher prices for cement in estimated when high-end (upper 95th Subtitle C Regulation most regions of the country, and percentile) reported constituent The analysis presented in the RTC substantially increased imports. concentration levels for metals and indicates that if CKD were managed as Important secondary impacts on dioxins were used. a RCRA hazardous waste under the full regional construction industries and on Again, these indirect exposure results Subtitle C regulatory scheme, including small communities affected by cement should be reviewed with caution due to minimum technology (RCRA section industry employment losses also would the substantial uncertainties involved in 3004(o)) and land disposal restriction be projected. this risk modeling methodology, which requirements (RCRA section 3004(d–g)), The costs of managing CKD as a is still under refinement and peer there would most likely be significant hazardous waste would be reduced if review. The Agency believes, the results compliance costs for a substantial certain Subtitle C requirements (e.g., do suggest the need for further study number of cement plants. Costs would, land disposal restrictions, minimum regarding possible human health however, vary considerably, depending technology requirements for managing implications from this current off-site on individual plant efficiencies in CKD) were modified. In the RTC, the use of CKD. converting raw materials into finished Agency speculated that plant-level costs under this scenario might amount to G. Environmental Justice cement. For the 25 percent or so of U.S. cement plants that presently generate one-third to one-half the cost of full As part of its analysis of risks to little or no wasted dust for on-site Subtitle C for typical plants with human health posed by CKD, the disposal, compliance costs for CKD median to high CKD generation rates. Agency investigated whether there are would be negligible. For the remaining Alternative, more tailored standards environmental justice issues associated 75 percent, the Agency estimates the were estimated to require even lower compliance costs, particularly for with the management of CKD. Executive annualized incremental compliance favorably located plants or plants Order 12989, dated February 11, 1994, costs at between $2 million and $14 and titled ‘‘Federal Actions to Address already employing available Environmental Justice in Minority containment measures. Depending upon 8 For purposes of this report, subsistence farmers Populations and Low-Income and subsistence fish consumers are those whose specific requirements, the costs for these Populations,’’ directs federal agencies to diets are very heavily dependent on home-grown types of controls generally were less consider environmental justice issues. foods or locally caught fish. Particularly high than one percent of the industry cement The Agency’s risk modeling results exposures to contaminants can result from sales value, although they could be bioaccumulation of toxic constituents in the locally- indicate that subsistence farmers and grown farm products or fish, compounded by a high higher for some facilities located in subsistence fish consumers would be proportion of these foods in the diet. areas of karst terrain, which might 7372 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations require more extensive ground water voluntary agreements with the industry of its decision methodology. Therefore, protection measures. whereby they would implement dust no changes have been made in the In addition to these two lower-cost recycling technologies, reduce waste, approach. versions of a possible Subtitle C land and monitor and control CKD The step-wise process that the Agency management option, the cement management and use. applied to the available information is industry suggested, in public comment, Option 3: Remove the CKD presented below. a ‘‘voluntary contingent management exemption, but delay implementation A. Step 1: Does Management of CKD practice’’ proposal, that was estimated for some period of time (e.g., two years) Pose Human Health and Environmental by industry representatives to cost that would allow industry time to Problems? Might Current Practices between $5 and $14 per ton of CKD at employ pollution prevention measures. Cause Problems in the Future? various plants and to average about $10 Option 4: Remove the CKD per ton. Although EPA has not been able exemption, and implement the The initial component of the Agency’s to confirm these estimates, this land compliance measures within six decision making process is to determine disposal technology would, using the months. whether CKD either has or may industry’s cost figures, require an Option 5: Promulgate tailored adversely impact human health or the average industry-wide compliance cost regulatory standards for the environment. To resolve these issues, of about one percent of gross cement management of CKD waste under EPA has posed the following key sales. Subtitle C of RCRA. questions: In presenting this list of options, the Though by no means negligible, costs Substep 1. Has CKD as Currently Agency noted that control of CKD under averaging one per cent of sales would Managed, Caused Documented Human Subtitle C may not be warranted or not imply the dire consequences for the Health Impacts or Environmental appropriate if other statutes industry that would be suggested by the Damage? full Subtitle C regulatory scenario. administered by EPA (such as the Clean In addition, cost effective dust Water Act, Clean Air Act, or Toxic The Agency has determined that CKD reduction and reclamation options Substances Control Act) are better has caused documented impacts (and remain a possibility under any of the suited to address the concerns identified may continue to cause impacts) at levels regulatory scenarios discussed. Industry in the RTC. The Agency indicated that of concern. As explained in the RTC, representatives in public comment have these statutes were also being danger to human health and the challenged the efficacy and cost considered in the Agency’s decision to environment is defined to include effectiveness of these waste reduction either retain or remove the CKD various effects associated with the and recovery options. Nevertheless, exemption. management of CKD, including acute operational prototypes do exist and and chronic human health effects, III. Applying the Decision Rationale in significant impairment of natural technologies such as the Making the Regulatory Determination Passamaquoddy flue-gas scrubber and resources (e.g., contamination of a alkali leaching (both described in In its decision making process, the source of drinking water), degradation Chapter 8 of the RTC) do show benefits Agency’s approach was the same as for of natural ecosystems and habitats, and in stack gas pollution control and/or by- previous special waste determinations 9. detrimental impacts to terrestrial or product sales to help offset capital and As explained in the RTC, the study aquatic fauna. A case is considered operating costs, as well as reducing factors were evaluated in a step-wise proven if damages are documented as basic raw material requirements. sequence to arrive at a decision. This part of a scientific investigation, Further examination of the economics of approach allows EPA to make a administrative ruling, or court decision. the Passamaquoddy recovery scrubber, systematic evaluation of the information In its examination of cases of damage to as reported in the September NODA presented in the RTC, the notices, and human health and the environment, the document, indicated that prospective in all public comments. The Agency has Agency identified fourteen cases of unit costs for plants with lower CKD carefully evaluated all comments ground water and/or surface water quantities would be higher than received in making its decision. (All of contamination (10 documented and 4 originally estimated in the RTC. the comments received on the RTC, the potential), including two sites that are However, otherwise, the Agency NODA, and the correction notice are listed on the CERCLA (Superfund) continues to believe that this and other addressed in the background documents National Priorities List (NPL). In each alternatives can potentially serve as titled Analysis of and Responses to case, there is information available to technically and economically viable Comments on the Report to Congress on indicate that on-site surface water and/ options to land disposal of CKD, at least Cement Kiln Dust and Analysis of and or ground water has been affected by for some plants. Consolidated Responses to Comments CKD management units. Typical on the Notice of Data Availability, impacts include elevated pH, total I. Regulatory Options which are available in the RCRA dissolved solids, and sulfate above Based on the findings of the RTC, the docket.) secondary federal or state concentration Agency considered a number of options The Agency considers its step-wise limits as well as elevated levels of for the management of CKD. These methodology to be consistent with certain potentially toxic metals such as options represent a range of Congressional intent that EPA consider arsenic, cadmium, chromium, and lead requirements for management of CKD all the study factors listed in RCRA that are above primary drinking water waste. From these, the Agency chose to section 8002(o). In addition, EPA MCLs. highlight five specific options, received no substantive comments on One of the NPL sites with ground including three in which CKD would be the RTC that disagreed with any aspect water damage is in an area of karst managed under RCRA Subtitle C. (For terrain. The RTC described a release at more detail on the options, see 59 FR 9 For a discussion of EPA’s approach in this site of contaminants to ground and 709, 1/6/94.) The specific options are: combining the RCRA study factors, see the surface water through a ‘‘blowout’’ (i.e., discussion of the Agency’s approach in the Final sudden discharge) into a nearby creek Option 1: Retain the CKD exemption. Regulatory Determination and Final Rule for Option 2: Retain the CKD exemption, Special Wastes From Mineral Processing (56 FR that resulted in increased turbidity and but the Agency would enter into 27300, June 13, 1991). an abrupt decline in stream biota Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7373 downstream of the release. An Substep 2. Does EPA’s Analysis Indicate contaminated water during recreational investigation by the facility showed That CKD Could Pose Significant Risk to swimming. waste kiln dust to be the original source Human Health or the Environment At Although limited by available data of contamination. Since the site is in an Any of the Sites that Generate It (or In and assessment methodology, the area of karst terrain, it is both logical Off-Site Use), Under Either Current Agency’s risk assessment studies also and reasonable to believe that the waste Management Practices or Plausible indicated potentials for adverse aquatic dust rapidly migrated through discrete Management Scenarios? ecological effects due to possible channels in the bedrock, with minimal chemical releases to streams and lakes The Agency’s analysis indicates that attenuation, to the point of the blowout. adjacent to some cement plants. Aquatic there are potential risks warranting The fact that this occurred at the site ecological damages due to siltation and concern, from both current on-site suggests EPA’s MMSOILS ground water sedimentation were not specifically management practices and certain off- model is not suitable for karst type studied in the risk assessment, but were site beneficial uses. In the RTC and terrain, since the model assumes ground observed in field visits and reported as NODA documents, the Agency reported water migration through bedrock that is a problem in damage case documents on plant-specific risk screening and uniformly porous, and lacks discrete and in public comments. quantitative risk modeling conducted to channels. The Agency’s risk assessment for off- evaluate potential risks from current site beneficial uses of CKD indicated Of particular concern to the Agency is and plausible future management of that, except for direct application as a the extent of documented contamination CKD. As summarized in the findings lime/fertilizer substitute, most off-site of ground water. Even though limited above, current on-site land management uses do not pose significant risks. Direct information exists on ground water practices appear generally to pose cropland application, however, occurs contamination due to a lack of relatively low risks to human health via at a number of locations in the country monitoring programs at most sites, each direct pathways of contaminant and is essentially unregulated at the case with available information on transport and exposure. state and federal levels. Analysis ground water shows contamination at However, with respect to possible suggests that, at plausible application levels of concern. Only 17% of all ground water contamination, a large rates, CKD that contain sufficiently high cement manufacturing facilities have percentage of cement plants (and CKD concentrations of arsenic or other metals ground water monitoring systems management units at those cement or dioxins (as documented in the around their dust management units. plants) are located in areas of karst Agency’s CKD constituent data base), These plants are considered to be terrain, many of which may be could cause food chain risks of concern representative of the industry. Thus, the underlain by bedrock with hydrological that may warrant some type of Agency considers it likely that more characteristics conducive to relatively regulation for these off-site uses. damages exist, even though it did not direct leachate transport to off-site Substep 3. Does CKD Exhibit Any of the conduct a detailed investigation of locations. In karst aquifers, Characteristics of Hazardous Waste? ground water beneath all CKD waste contaminants can potentially migrate Although all of the toxicity management units. long distances through open conduits characteristic (TC) metals (arsenic, with little of the filtration, adsorption, Environmental damages can also be barium, cadmium, chromium, lead, and dispersion that are typical of attributed to particulate emissions of mercury, selenium, and silver) were contaminant dispersal in porous CKD from quarries, haul roads, and CKD detected in CKD, CKD exhibits the bedrock. handling equipment (screws, conveyors, toxicity characteristic infrequently, and and trucks), and are traceable to kilns In addition, modeling of windblown only for certain metals. This is based that do and do not burn hazardous dust from CKD management areas analysis of the CKD analytical data waste. Several commenters on the RTC suggests that dust piles, when available to the Agency. Although CKD indicated that air dispersion of CKD was uncontrolled (i.e., uncovered and dry), itself is not corrosive under EPA’s rules a significant source of pollution to local may typically release sufficient because it is a solid, water-CKD residents living around cement quantities of fine particulates to exceed mixtures are highly alkaline. Data manufacturing facilities. In addition, the health-based National Ambient Air presented in the RTC indicate that the RTC identified numerous citizen Quality Standards (NAAQS) at plant pH of CKD leachates (using standard complaints of excessive particulate boundaries, and sometimes as far away EPA leach test procedures) are typically matter from cement plant operations as nearby residences. between 11 and 13 standard units. In collecting on cars, lawns, gardens, The Agency’s quantitative modeling addition, the elevated pH of a CKD- chairs, and other personal property of of ‘‘indirect’’ food chain pathways, both water mixture is a prominent factor in area residents. While developing the aquatic and agricultural, indicates 10 out of 14 cases of damage RTC, the Agency reviewed numerous potential human health effects, both (documented and potential) to surface letters in state files from residents living cancer and non-cancer. A wide range of water and/or ground water. In six of near cement kilns who complained of chemical constituents, including these cases, including the ground water fugitive dust emissions (which may be arsenic, cadmium, chromium, barium, damages described for the two plants due to release of CKD from plant thallium, lead, and dioxins, were listed on the NPL, CKD-water mixtures operations and/or dust disposal piles). indicated as constituents of concern at are reported to have a pH exceeding the Although the Agency recognizes that various plants. Because some CKD EPA standard of 12.5 for corrosive dust from mining and quarry operations disposal units are located near, and in hazardous waste (40 CFR 261.22). could contribute to the particulate some instances immediately adjacent to, The results of Step 1 of the decision emissions from a cement plant, other farm fields, rural residences with process indicate that CKD has posed evidence (i.e., damage cases) indicates gardens, or surface waters containing and may continue to pose risks to that fugitive CKD emissions are a fish, there is potential for indirect risk human health and the environment substantial contributor to environmental from the consumption of CKD- under plausible management scenarios. damages in the form of air quality contaminated beef, vegetables and fish, Releases have occurred and may degradation. as well as ingestion of CKD- continue to occur as a result of current 7374 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations management practices (e.g., than required under the NAAQS. management practices (BMP) to management of CKD in unlined, Pennsylvania has fugitive dust controls minimize the contact between uncovered piles near shallow ground as a permit condition and discourages stormwater runoff and CKD or other water and surface water bodies), posing the open storage of CKD. pollutant sources, or else remove CKD risk to human health and the The Agency believes that there are (or other constituents) before the environment. adequate existing authorities in the stormwater is discharged. This permit Clean Air Act to address risks via the air will be in addition to previously issued B. Step 2: Is More Stringent Regulation pathway posed by the management of and effective storm water baseline Necessary and Desirable? CKD. However, there appears to be a general permits that were issued in 1992 EPA evaluated State and Federal need for increased regulation and by EPA and between 1991 and 1993 by regulations pertaining to CKD waste. implementation under the Clean Air the 40 states with authorized NPDES The Agency has determined that the Act. The Agency has information that programs. The final multi-sector storm answer to this question is yes, more indicates releases of particulate water general permit is expected to be stringent regulation of CKD is necessary emissions at cement plants are common, issued by EPA in early 1995. and desirable. persistent, and continuing. The RTC With respect to ground water, there Substep 1. Are Current Practices documents 21 incidents of CKD releases are no Federal standards that are Adequate to Limit Contaminant Release at 13 facilities. With the exception of adequate to address the risks posed by CKD via the ground water pathway. The and Associated Risk? one case that involved fugitive dust emissions from a CKD pile, all cases Safe Drinking Water Act (42 U.S.C. 300 The Agency has determined that involved visible emissions violations f–j) protects drinking water by setting current practices are inadequate to limit (opacity) related to equipment maximum contaminant levels (MCLs) contaminant releases and associated malfunctions associated with CKD for toxic contaminants, including risks. CKD is now managed primarily handling equipment (kilns, baghouses, metals. However, drinking water on-site in non-engineered landfills, screw conveyors) 11. In addition, standards are only protective at the piles, and ponds. Many piles and persistent releases of CKD are point of consumption. Public water landfills lack liners, leachate controls, documented in the Agency’s NODA for supply wells are protected through the or run-on/run-off collection systems. In one facility in Pennsylvania. This wellhead protection program under the addition, while dust suppression facility was cited for 16 air emissions SDWA (41 U.S.C. 300h–7(e)). measures exist at many facilities, it violations between March 1983 and Of the states studied in the RTC, three appears that they are generally June 1989. Also, significant releases of (California, Michigan, and ineffective at controlling airborne airborne particulates at other facilities Pennsylvania) have primacy for releases of CKD. were frequently observed first-hand by implementing the NPDES program. The program in Texas is administered by Substep 2. Are Current Federal and Agency staff during the course of this 12 EPA but incorporates more stringent State Regulatory Controls Adequate to study . Texas water quality requirements. These Address the Management of CKD? Numeric standards for point source discharges of wastewater from cement four states have ground water protection The Agency has determined that facilities have been established under programs that set non-degradation of Federal and State regulatory controls the Clean Water Act, and are ground water quality as a goal. In need to be improved for the proper administered through the NPDES permit addition, Texas implements an EPA- management of CKD. Some existing program (40 CFR part 122) along with approved wellhead protection program. regulations do apply to CKD piles, but industry-tailored effluent limitations for Water quality regulations vary from are rarely tailored to the cement runoff from materials storage piles (40 state to state. California’s water quality industry. In addition, problems with CFR part 411). Indirect discharges via program includes long range resource repeated releases of CKD to the publicly owned treatment works planning, annual inspection of all environment suggest that (POTWs) are subject to general facilities, and compliance with stringent implementation of existing regulations pretreatment standards under 40 CFR surface water and ground water quality is uneven. part 403. Wastewater discharges from standards. The California program also The Agency has analyzed the individual facilities may also be subject grants broad enforcement authority to application of regulations and standards to state water quality standards and its State Water Resources Control under the Clean Air Act (CAA) for state or local effluent discharge Boards. Pennsylvania and Michigan cement manufacturing facilities. standards. inspect major industrial dischargers Implementation of the CAA In addition, EPA proposed a multi- (including some cement plants) requirements varies from State to State. sector stormwater general permit under annually, and enforce permit In addition to the baseline Federal the NPDES program on November 19, requirements. In addition, Michigan 10 requirements, each of the four States 1993 (58 FR 61146). The proposed requires compliance with ground water studied in the RTC selectively permit contains limits to control quality standards. Pennsylvania implements more stringent standards on effluent discharges specific to the approaches ground water protection a case-by-case basis. For example, cement industry (among other through permit requirements for California regulates two more pollutants industries) and requires each plant to wastewater and stormwater discharges, develop facility-specific pollution but has no separate ground water 10 The Clean Air Act is implemented through the prevention plans and demonstrate best quality standards. In Texas, cement State implementation plan (SIP). As explained in plants are considered ‘‘minor’’ facilities the RTC, the Clean Air Act as amended (see section and are not inspected annually like all 110(a)(2)) requires an acceptable SIP to contain 11 One plant has submitted a video to the Agency detailed provisions to address: Emission limitations that indicates that its CKD management practices facilities that have major discharges, and control measures; monitoring requirements, have changed. unless the facility burns hazardous review of new and modified sources for compliance 12 A general description of these emissions can be waste, has a past record of with new source performance standards, prevention found in the EPA CKD sampling trip reports which environmental violations, or has a of significant deterioration, and non-attainment are located in the support section of the RCRA review; adequate legal authority; and a permit docket on the Report to Congress, Docket No. F–94– complaint filed against it. However, program. RCKA–FFFFF. Texas is considering requiring Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7375 subsurface investigations at all facilities U.S. cement industry. While the Agency including security and maintenance and that dispose of CKD as part of an effort believes that CKD waste minimization repair of the cap and vegetation as to establish minimum technical and reclamation/recycling options exist suggested by periodic inspections. Thus, standards for the on-site management of that could limit the cost exposure for special tailored standards under Subtitle CKD. many plants, there is considerable C of RCRA as well as under other The Clean Water Act, through existing uncertainty and disagreement at this Agency authorities can be expected to effluent guideline regulations, NPDES time regarding their general technical pose far less dire consequences for the permits, water quality standards, and availability and ability to serve as low U.S. cement industry and the economy existing and forthcoming storm water cost substitutes for land management of as a whole than would regulation under permits, provide considerable authority CKD. full Subtitle C. to control risks associated with Thus, it is likely that full Subtitle C IV. Regulatory Determination for contamination of surface waters by the regulation could impose compliance Cement Kiln Dust management of CKD.13 However, EPA costs in excess of 20 percent of sales has identified releases of CKD to surface value for a significant part of the Pursuant to RCRA sections waters, and to ground water as well. In industry and a resulting inability to 3001(b)(3)(C) and 8002(o), EPA has its investigation of CKD waste, the compete. Expected economic determined that additional control of Agency uncovered 14 cases of water consequences include a combination of CKD is warranted. The Agency’s damage, of which seven involved reduced domestic cement capacity and concerns about the harm to human ground water. Both ground water and production, sharply higher prices for health and the environment posed by surface water damages were major cement (particularly in interior regions CKD suggest the need for regulation factors cited for including two CKD of the country), and substantially under RCRA Subtitle C authority. disposal units on the CERCLA NPL. increased imports. Substantial adverse However, the Agency recognizes that Furthermore, only 17% of all CKD secondary effects on regional certain of these areas of concern (those management units nationwide have construction industries and on related to releases to air and surface ground water monitoring systems, while communities experiencing losses in waters) are more appropriately 25 of 91 cement manufacturing facilities cement industry-related employment controlled under other EPA- (27 percent) were reported in a 1991 could also be expected. administered statutes. In order to avoid industry survey to be located within one Thus, based on the factors in RCRA unnecessary duplication among mile of a public drinking water well. section 3001(b)(3) and section 8002(o), regulatory programs, EPA would rather Based on the above analysis, the full RCRA Subtitle C regulation is use the other existing regulatory Agency believes the following factors unwarranted. However, the Agency also programs to control risks where believes that special Subtitle C warrant additional environmental appropriate, and develop a more regulations tailored to local cement controls for CKD: (1) The general lack of creative, affordable, and common sense plant conditions could be developed current regulations applicable to approach that would control the adverse using the broad regulatory flexibility contaminant discharges to ground water effects of CKD. provided by RCRA, including section for protection of human health and the 2002, section 3001(b)(3)(C), and section The Agency will develop, promulgate, environment; (2) the general lack of 3004(x). These regulations could be and implement regulations for CKD as ground water monitoring systems at based on either technology or necessary to protect human health and CKD disposal units; and (3) the performance standards or a combination the environment by using a variety of existence of damages to ground water of both. These regulations could be statutes. This regulatory program will and air that are persistent and implemented at far lower cost at most apply to CKD from all cement continuing, and for which no plant locations requiring controls to manufacturing facilities, regardless of requirements exist to address the risks prevent contamination of ground water. the type(s) of fuels used in the posed via these pathways. In addition, regulations for CKD to manufacturing process, or other factors. At the federal level, authorities exist prevent releases to the air can be In particular, the Agency will develop to address site-specific problems posing improved or implemented under CAA and implement additional controls/ imminent and substantial danger to authority, and releases to surface water activities to limit releases to the air human health or the environment under are regulated under CWA authority. using its Clean Air Act authority. For RCRA section 7003 and CERCLA These authorities provide the Agency surface waters, the Agency believes that sections 104 and 106. However, the with additional flexibility to prevent existing regulations and the planned Agency believes that cost-effective releases of CKD to the environment, general permit under the NPDES controls that prevent contamination are while at the same time minimizing the permitting program will provide an preferable to cleaning up after burden on the regulated community. adequate mechanism for controlling contamination and damages occur. The cement industry’s voluntary CKD point source discharges and for C. Step 3: What Would Be the management proposal, submitted as a managing storm water that contains Operational and Economic comment on the RTC, tends to support CKD. Thus, no additional water Consequences of A Decision To this conclusion. This tailored program controls, beyond these already planned, Regulate Under Subtitle C? for constructing and operating CKD are considered necessary. monofills would include the following The Agency will evaluate the need for The Agency has determined that site-specific features: a hydrogeological additional controls for a limited number industry-wide regulation of CKD under assessment, water inflow modeling, of off-site uses of CKD (such as use as full Subtitle C, including land disposal ground water monitoring, surface water a lime fertilizer on agricultural fields) in restrictions, would impose extremely management in accord with NPDES and its regulatory proposal. However, for high costs on a substantial portion of the storm water discharge permits, run-on/ most off-site uses (e.g., in waste run-off controls, fugitive dust emissions stabilization or certain construction 13 In fact, the Agency believes that once the storm control measures, personnel training, a uses) EPA’s current record indicates water permits are fully implemented, no further water permits or regulations will be needed to written closure plan, financial there are no significant risks. The address releases to surface water. assurance, and post-closure care, Agency will restrict its focus to those 7376 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations off-site uses for which there are prohibitively burdensome on the V. Next Steps significant risks. cement industry, EPA intends to explore This section provides an overview of With respect to ground water, the less burdensome, site-specific, tailored the Agency’s plans for developing and Agency will use its authority under approaches to identifying and correcting issuing tailored regulations for CKD. Subtitle C of RCRA to address these problems that may occur from existing The Agency recognizes that the concerns. The Agency will use its broad CKD piles and preventing problems selection of a regulatory approach for authority provided by RCRA section arising from future CKD management. CKD waste may involve difficult choices 2002(a), section 3001(b)(3)(C), and This may include ground water and policy decisions with wide-ranging section 3004(x) to develop a program monitoring, a reliance on existing economic and environmental tailored to local cement plant conditions response authorities under RCRA implications. EPA believes that the to control the specific risks identified section 7003 and CERCLA (or state development of regulations under while minimizing compliance costs. response authorities), or may focus on multiple statutes (without duplication Until the Subtitle C tailored rules take among regulatory programs) that effect, the Agency will retain the Bevill site-specific factors, such as geography adequately address the risks identified exemption. The Bevill exemption will and hydrology, in determining the need in the RTC, yet are economically be removed when final regulations for corrective action requirements. under RCRA authority take effect. Because most of the Agency’s ground affordable to the industry, should The Agency believes that subjecting water concerns are associated with involve participation by all interested CKD waste to the full RCRA Subtitle C potential contamination in areas of parties. To this end, EPA is announcing program would be prohibitively limestone with karst features, EPA will a regulation development process burdensome on the cement industry, focus on tailored standards for CKD designed to encourage involvement by and is not a feasible regulatory option disposal in karst terrain. The Agency all stakeholders. The regulation under the factors cited in RCRA section believes that concerns about development process will be conducted 8002(o). Although EPA at this time is contamination in non-karst areas can be in similar fashion to the Agency’s not proposing the specifics of a RCRA addressed through the adoption by Common Sense Initiative, notably with regulatory program for CKD, EPA industry of good CKD waste early-on participation by all intends to apply only those components management practices. stakeholders. This process will be of Subtitle C that are necessary, based directed towards development of In addition, EPA believes it is on our current knowledge of the cement environmentally protective regulations appropriate to consider other RCRA industry and the human health and that provide for highly flexible methods environmental concerns associated with Subtitle C requirements to see if, and to to administer and implement them. The CKD, to achieve a common sense result what extent, they are necessary to Agency’s concern for minimizing the with respect to the hazards posed by address the human health and burden on State and local regulatory CKD on a site-specific basis. The environmental concerns discussed in authorities and minimizing compliance Agency anticipates that any such this regulatory determination. In doing costs and resource burdens on the standards would be designed to be so, EPA will also consider the costs regulated community will be an protective, yet minimally burdensome, associated with those Subtitle C important principle in the regulation and may not necessarily apply to all requirements. EPA intends to develop a development process. facilities or may not apply to all regulatory program for CKD waste only EPA will begin this process by facilities in the same manner or to the after full participation by the various conducting a series of meetings with same extent. stakeholders. Consistent with the spirit interested parties, including industry, The specific RCRA Subtitle C of that commitment, EPA at this time is government, and public interest groups. components that EPA believes may neither definitively limiting the scope The initial meetings with the parties deserve particular scrutiny in of, nor determining that any particular will be used to solicit technical developing a minimal, tailored elements necessarily will be included in information and approaches that will approach, including site-specific any proposed CKD regulatory program. facilitate the Agency’s analysis of regulatory options (e.g., CKD considerations, include the following: Finally, as discussed in the RTC, CKD facility-wide corrective action under management technologies, cost is often re-introduced into the kiln as a section 3004(u); land disposal information, and economic substitute for raw material in clinker restriction requirements (LDRs) under information). The Agency plans to production. In the absence of the CKD sections 3004 (c), (d), (e), (f) and (g); conduct the initial meetings during the minimum technology standards under regulatory exemption, under certain spring and summer of 1995. Before section 3004(o); and permit regulatory scenarios clinker produced these meetings are held, the Agency will requirements under section 3005. EPA from re-introduced CKD could be identify specific questions and issues on believes that most of the concerns considered a hazardous waste under the which the Agency would like to receive addressed by the land disposal derived-from rule (40 CFR information. restrictions program, permit 261.3(c)(2)(i)). As part of the regulations During the regulation development requirements, and the minimum that EPA will promulgate as a result of process, the Agency will use the technology standards might be best today’s determination, EPA intends to information in the cumulative record of addressed through management propose exclusion of clinker from the RTC and regulatory determination, standards developed specifically for regulation as a derived-from hazardous along with any new information CKD, and the Agency will carefully waste when CKD is reintroduced. When received, to formulate its approach to study those possibilities as an reintroduced, CKD does not contribute developing tailored regulations for CKD. alternative to some or all LDRs and any constituents to clinker production Before the rule is proposed, the Agency minimum technology standards. that are not already present in the may publish an advance notice of Moreover, because the costs for production process. Furthermore, at this proposed rulemaking (ANPR) to present including all solid waste management time, EPA has no indication that such and solicit comment on various units under facility-wide corrective clinker poses unacceptable threats to approaches to developing the action at all cement plants may be human health or the environment. regulations. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7377 VI. Regulatory Flexibility Analysis as a result of this action on these small VIII. Regulatory Determination Docket entities. In the process, the Agency will The Regulatory Flexibility Act (RFA) Documents related to this regulatory of 1980 (Pub. L. 96–354), which amends examine potential impacts of regulatory alternatives on these entities, and determination, including EPA’s the Administrative Procedure Act, response to the public comments, are requires Federal regulatory agencies to identify and evaluate alternative available for inspection in the docket. consider ‘‘small entities’’ throughout the approaches that could mitigate such The relevant docket numbers are: F–95– regulatory development process. Section impacts, as required by the RFA. RCKD-FFFFF for the regulatory 603 of the RFA requires an initial VII. Executive Order 12866 determination, F–94–RCKA–FFFFF for screening analysis to be performed to Under Executive Order 12866 (58 FR the RTC and F–94–RC2A–FFFFF for the determine whether a substantial number 51735, 10/4/93), the Agency must of small entities will be significantly NODA. The EPA RCRA docket is determine whether the regulatory action affected by a regulation. Under current located at the following address: United is ‘‘significant’’ and therefore subject to internal EPA guidance, however, any States Environmental Protection OMB review and the requirements of economic impact is considered a Agency, EPA RCRA Docket, Room the Executive Order. The Order defines significant impact, and any number of M2616, 401 M Street SW., Washington, ‘‘significant regulatory action’’ as one small entities is a substantial number.14 DC 20460. The docket is open from 9 that is likely to result in a rule that may: In keeping with this policy, EPA has a.m. to 4 p.m., Monday through Friday, (1) Have an annual effect on the performed an initial evaluation of the except for Federal holidays. The public economy of $100 million or more or must make an appointment to review domestic cement industry to determine adversely affect in a material way the whether or not there are small entities docket materials. Call the docket clerk at economy, a sector of the economy, (202) 260–9327. Copies are free up to operating U.S. cement plants. The productivity, competition, jobs, the results of this analysis show that 23 of 100 pages and thereafter cost $0.15 per environment, public health or safety, or page. the 115 operating domestic cement State, local, or tribal governments or plants are owned and operated by communities; In addition to the data and companies that are defined as small (2) Create a serious inconsistency or information that was included in the 15 entities. These 23 plants are owned/ otherwise interfere with an action taken docket to support the RTC on CKD and operated by 16 of the 40 companies or planned by another agency; the Technical Background Documents, comprising the domestic cement (3) Materially alter the budgetary the docket also includes the following industry. impact of entitlements, grants, user fees, documents: Because in today’s regulatory or loan programs or the rights and • Analysis of and Responses to Public determination EPA does not establish obligations of recipients thereof; or Comments on the Report To Congress; new regulatory controls, the Agency has (4) Raise novel legal or policy issues and not conducted a full Regulatory arising out of legal mandates, the • Flexibility Analysis in support of President’s priorities, or the principles Analysis of and Response to today’s action. EPA will, however, set forth in the Executive Order. Comments on the Notice of Data consider the potential impacts of the Pursuant to the terms of Executive Availability. new regulations that will be developed Order 12866, it has been determined List of Subjects in 40 CFR Part 261 that this rule is a ‘‘significant regulatory 14 USEPA, 1992. EPA Guidelines for action’’ because it raises novel legal or Environmental protection, Bevill Implementing the Regulatory Flexibility Act, Office policy issues arising out of legal exemption, Cement kiln dust, of Regulatory Management and Evaluation, Office of Policy, Planning, and Evaluation. mandates, the President’s priorities, or Incineration, Special wastes. 15 The definition of small entity is established by the principles set forth in the Executive Dated: January 31, 1995. the Federal Small Business Administration, which Order. This action was submitted to has promulgated regulations found at 13 CFR OMB for review. Changes made in Carol M. Browner, 121.601. The criterion for determining small response to OMB suggestions or Administrator. business status in the hydraulic cement industry [FR Doc. 95–2832 Filed 2–6–95; 8:45 am] (SIC Code 3241) is company-wide employment of recommendations will be documented less than 750 employees. in the public record. BILLING CODE 6560±50±P federal register February 7,1995 Tuesday Certification Standards;ProposedRule Ratings, Definitions,andType Engines; NewOne-Engine-Inoperative Airworthiness Standards:Aircraft 14 CFRParts1and33 Federal AviationAdministration Transportation Department of Part V 7379 7380 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules DEPARTMENT OF TRANSPORTATION Massachusetts 01803–5299; telephone ratings by rotorcraft. A final rule based (617) 238–7116; fax (617) 238–7199. on Notice No. 89–26 was published in Federal Aviation Administration the Federal Register on September 16, SUPPLEMENTARY INFORMATION: 14 CFR Parts 1 and 33 1994 (59 FR 47764). Comments Invited These new OEI ratings are applicable [Docket No. 26019; Notice No. 89±27A] This supplemental notice modifies to turbine engines installed on RIN 2120±AD21 Notice No. 89–27. Comments on the multiengine powered rotorcraft. In a effect of this change to the proposed Category A operation, a multiengine Airworthiness Standards: Aircraft turbine-powered rotorcraft must have Engines; New One-Engine-Inoperative rule are invited. Comments should be limited to the changes proposed in this the ability to either continue flight or Ratings, Definitions, and Type land within a demonstrated field size in Certification Standards document. This notice does not serve to reopen the comment period on the the event of failure of an engine. In a AGENCY: Federal Aviation remainder of the original proposal. Category B operation, the rotorcraft Administration, DOT. Interested persons are invited to would not have sufficient residual ACTION: Supplemental notice of comment on this supplemental notice power if one engine failed to continue proposed rulemaking. by submitting written data, views, or its flight and would, therefore, a need arguments as they may desire. safe landing areas throughout its flight SUMMARY: This document modifies Comments relating to the path. Category A rotorcraft mission Notice of Proposed Rulemaking (NPRM) environmental, energy, or economic payloads are limited by the power No. 89–27, published in the Federal impact that might result from adopting available from the remaining operating Register on September 22, 1989 (54 FR the proposals, as modified in this engine(s) in the event one engine fails 39080). In that document, the FAA document, are also invited. during takeoff or landing. The proposed adoption of new definitions Communications should identify the maximum engine power level available and airworthiness standards of new one- regulatory docket number and be under current part 33 rules is the 21⁄2- engine-inoperative (OEI) ratings for type submitted in triplicate to the address minute OEI rating. certification of rotorcraft engines. The specified above. All communications This proposal would establish 30- maximum engine power level available received on or before the closing date second OEI and 2-minute OEI ratings at for a certificated rotorcraft engine under for comments will be considered by the higher power levels than the current 1 current part 33 rules is the 21⁄2-minute Administrator before taking further 2 ⁄2-minute OEI rating. Engine type OEI rating. The proposed rule would rulemaking action. Commenters wishing certification to these ratings, as with establish type certification standards for the FAA to acknowledge receipt of their other OEI ratings, would be optional. 30-second OEI and 2-minute OEI ratings comments submitted in response to this The comment period for Notice 89–27 at higher power levels than the current proposed rule must submit with those closed on March 27, 1990. On OEI rating. comments a self-addressed stamped November 16, 1989, a public meeting to Four commenters provided the FAA postcard on which the following hear comments on the proposals was with comments to the NPRM, statement is made: ‘‘Comments to convened in Fort Worth, Texas. In addressing numerous issues. The FAA Docket No. 26019.’’ The postcard will be addition, the minutes of a meeting has determined that the comments and date stamped and mailed to the between the FAA and the Aerospace recommended changes merit commenter. Industries Association of America, Inc., inspected, in the Rules Docket No. consideration. Substantive changes have Availability of SNPRM been made to the proposed rule based 26019. The FAA has determined that upon the relevant comments received. Any person may obtain a copy of this the comments and recommended Accordingly, the FAA is issuing this notice by submitting a request to the changes merit consideration. Supplemental Notice of Proposed Federal Aviation Administration Office Substantive changes have been made to Rulemaking (SNPRM) to give all of Public Affairs, Attn: Public Inquiry the proposed rule based upon the interested parties an opportunity to Center, (APA–200), 800 Independence relevant comments received. comment on the modified proposed Avenue, SW., Washington, DC 20591, or Accordingly, the FAA is issuing this rule. by calling (202) 267–3484. SNPRM to give all interested parties an Communications must identify the DATES: Comments must be received on opportunity to comment on the or before March 24, 1995. notice number of this SNPRM. modified proposed rule. Persons interested in being placed on ADDRESSES: Comments on this notice the mailing list for future NPRM’s Discussion should be mailed in triplicate to: should request, from the above office, a Four commenters provided the FAA Federal Aviation Administration, Office copy of Advisory Circular No. 11–2A, with comments to the NPRM, of the Chief Counsel, Attn: Rules Docket Notice of Proposed Rulemaking addressing numerous issues. This (AGC–200), Docket No. 26019, 800 Distribution System, which describes discussion describes only those changes Independence Avenue SW., the application procedure. made to the proposal of Notice 89–27 Washington, DC 20591. Comments and the comments associated with those Background delivered must be marked Docket No. changes. However, for the convenience 26019. Comments may be examined in On September 14, 1989, the FAA of the public, the proposed rule is being Room 915G weekdays between 9:00 a.m. issued two NPRM’s, Notice Nos. 89–27 reprinted in its entirety. and 5:00 p.m., except Federal holidays. (54 FR 39080 and 54 FR 39085). The FOR FURTHER INFORMATION CONTACT: Notice associated with this SNRPM is Section 1.1 Definitions and Chung C. Hsieh, Aerospace Engineer, No. 89–27, which proposed to define Abbreviations Engine and Propeller Standards Staff, and establish type certification One commenter states that the ANE–110, Engine and Propeller standards for new OEI ratings for definitions of 30-second OEI and 2- Directorate, Aircraft Certification rotorcraft engines. The companion minute OEI ratings should contain a Service, FAA, 12 New England NPRM, No. 89–26, addressed the usage specific limit as to the number of items Executive Park, Burlington, of the 30-second OEI and 2-minute OEI these power levels could be used during Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7381 any one flight. The commenter noted commenters suggested. The FAA would commenter, therefore, suggests changing that the lack of a specific limit in the require that, based on the condition of the wording from ‘‘* * * means for proposed definitions leaves the issue the rotor following the test, the engine automatic control of 30-second power’’ ambiguous. The commenter also noted would have sufficient safety margin for to ‘‘* * * means for automatic that a number of a specific limit in the continued operation and the capability availability and automatic control of 30- proposed definitions leaves the issue of completing up to three uses of both second OEI power.’’ ambiguous. The commenter also noted 30-second OEI power and 2-minute OEI The FAA concurs with the suggested that a number of people at the public power. It is inappropriate to specify in wording and the proposed § 33.67 is meeting expressed differing views on the rule that all cracks would be changed accordingly. the intended maximum number of acceptable, since a rotor with cracks allowable applications of 30-second OEI may not be in airworthy condition in all Section 33.85 Calibration Tests or 2-minute OEI power on a single engines affected by the rule. The same One commenter states that Proposal flight. argument applies concerning the No. 8 of the NPRM contains cross- The FAA agrees. The rated 30-second ‘‘dimensional’’ and ‘‘imminent failure’’ referencing errors in the first sentence of OEI power and rated 2-minute OEI statements. The standard that growth the proposed § 33.85(c). It should state power for section 1.1 are therefore and distress beyond the limits for an that ‘‘ * * * measurements taken during revised to limit the use of these new overspeed condition will be permitted the endurance test described in power levels to a maximum of three provided the engine is shown by § 33.87(f)(1) through (8) may be used periods. The definitions retain analysis or test, as found necessary by * * * ’’ requirements of mandatory inspection the Administrator, that the structural The FAA agrees, and the changes and prescribed maintenance following integrity of each rotor is maintained will have been made to the proposal. permit the FAA to apply the best any use of 30-second OEI or 2-minute One commenter states that, in the engineering judgment for each specific OEI power, and the limit of use of these absence of any provision in the existing engine type design tested. Therefore, the new power levels to continue operation, § 33.85 concerning the minimum period FAA proposes to revise the paragraph at in order to complete the flight during of stabilized conditions before taking which engine failure occurred. the end of section 33.27(c) by incorporating that standard; the revised measurements, it is not clear why the Section 33.27 Turbine, Compressor, paragraph is proposed as a new proposed § 33.85(c) is required. Fan, and Turbosupercharger Rotors paragraph (d) to section 33.27. In Alternatively, if this aspect needs to be One commenter states that post-test addition to these revisions other included under § 33.85, it should acceptance criteria after the overspeed editorial changes have been made in the address all engines, regardless of their test for the 30-second OEI rating should proposed § 33.27. power ratings. The commenter further suggests that be less severe since a mandatory Section 33.29 Instrument Connection inspection of the engine will be required the following language would be more after the engine is used at the 30-second One commenter states that Proposal appropriate for § 33.85 (c) and (d): OEI rating. The commenter suggests that No. 6 of the NPRM corresponds to only (c) In showing compliance with the since the inspection would result in one of the two aspects covered by section, each condition must be allowed to replacement of parts unsuitable for Proposal No. 11 for § 29.1305 in Notice stabilize before measurements are taken, continuous use, more specific No. 89–26. The commenter states that it except as permitted by (d) of this section. acceptable criteria are not considered corresponds only with § 29.1305(a)(25), (d) In the case of engines having 30-second, 2-minute, or 21⁄2-minute OEI ratings, practical in view of the wide variety of whereas, it should also be concerned with § 29.1305(a)(24) because the engine measurements taken during the applicable designs in use and yet to come. The endurance test prescribed in § 33.87 may be commenter also suggests that the last manufacturer will need to provide some used in showing compliance with the paragraph of § 33.27(c) be changed as means, incorporated in the engine, in requirements of this section for these OEI follows: order to enable the complete helicopter ratings. to comply with both of these two part Following the testing, each rotor must be 29 sections. Therefore, the engine The FAA agrees, and has made the within approved dimensional limits for an suggested changes to proposed § 33.85 overspeed condition and may not be cracked; certification standards must address all issues that could be considered as (c) and (d). This proposal is required to except that following the test based on the provide an acceptable and viable 30-second OEI rating condition, growth and engine requirements. distress beyond the dimensional limits for an The FAA agrees. The proposed approach for obtaining meaningful overspeed condition and cracks will be section 33.29 is changed to require a calibration data in the briefest time permitted, provided there is no evidence of provision for a means to alert the pilot possible, consistent with the practical imminent failure. The applicant may show when the engine is at the 30-second OEI limits of the 30-second OEI and 2- by analysis or test, as found necessary by the and 2-minute OEI levels; and is minute OEI power ratings. The Administrator, that there is no evidence of reorganized. The proposed section proposed § 33.85(c), which requires imminent failure. 33.29(c)(1) corresponds to section engine parameters to stabilize before Another commenter suggests that the 29.1305(a)(24); the proposed sections recording measurements, is consistent severity of the rotor test requirement 33.29(c)(2) and (c)(3) correspond to with current § 33.85(a) requirements. needs to be clearly specified, consistent section 29.1305(a)(25). Section 33.87 Endurance Test with the worst case rationale identified in the NPRM. The commenter suggests Section 33.67 Fuel System One commenter suggests that that the second paragraph of § 33.27(c) One commenter states that the FAA § 33.87(f)(5) be changed to read as should be extended by the addition of proposal is somewhat meager when follows: ‘‘50 percent takeoff power. One the following: ‘‘* * * including two compared with existing requirements in minute at 50 percent takeoff power.’’ subsequent uses of both 30-second OEI Joint Airworthiness Requirement The commenter reasons that the power and 2-minute OEI conditions.’’ Engines (JAR–E) for engines in which level for a one-minute run at 50 percent The FAA does not agree that section power output and associated conditions takeoff power realistically represents the 33.27 should be revised as the are controlled by automatic devices. The minimum OEI flight power and engine 7382 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules thermal condition preceding Supplemental Regulatory Evaluation supplemental notice, and based on the reapplication of 30-second OEI power. Summary findings in the Regulatory Flexibility The FAA agrees. The proposed The FAA has determined that the Determination and the International wording for § 33.87(f)(5) is modified changes made to the NPRM do not Trade Impact Analysis, the FAA has accordingly. Actual operations could increase the scope of the proposed rule determined that this proposed realistically be expected to have a power or the original economic analysis. regulation is not a significant regulation setting of 50 to 60 percent takeoff power Therefore, the FAA has determined that as defined in Executive Order 12866. In in an approach descent from a this is not a significant rulemaking as addition, it is certified this SNPRM will not have a significant economic impact, continuous OEI power setting toward a defined in Executive Order 12866. positive or negative, on a substantial landing spot. The flight scenario would Regulatory Flexibility Determination number of small entities under the likely include and follow one use of The Regulatory Flexibility Act of 1980 criteria of the Regulatory Flexibility Act. takeoff power to the takeoff path’s (RFA) was enacted to ensure that small This proposal, including this critical decision point (CDP), then from entities are not unnecessarily or supplemental notice, is not considered one to three applications of 30-second disproportionately burdened by significant under DOT Regulatory OEI power, and one or two applications Government regulations. The RFA Policies and Procedures (44 FR 11034, of 2-minute OEI power. requires a Regulatory Flexibility February 26, 1979). A draft regulatory One commenter states that Proposal 9 Analysis if a proposed rule would have evaluation of the proposal, including a of the NPRM is inaccurate in stating that ‘‘a significant economic impact, on a supplement relating to the existing § 33.87(f) will be redesignated substantial number of small entities.’’ modifications in this notice, has been as paragraph (g) without text FAA Order 2100.14A outlines FAA’s placed in the regulatory docket. A copy change.The commenter claims that a procedures and criteria for may be obtained by contacting the number of cross-references in the implementing the RFA. person identified under the caption FOR existing subparagraphs of the newly The proposed modification of Notice FURTHER INFORMATION CONTACT. No. 89–27 will neither eliminate any redesignated § 33.87(g) are incorrectly List of Subjects designated as (e) instead of (f). The present regulations, nor impose any new commenter suggests changing those regulations and, thus, will not have a 14 CFR Part 1 significant economic impact on a cross-references from (e) to (g) if Airmen, Flights, Balloons, Parachutes, substantial number of small entities. § 33.87(f) is redesignated as § 33.87(g). Aircraft pilots, Pilots, Transportation, Consequently, the FAA has determined Agreements, Kites, Air safety, Safety, The FAA agrees. Editorial changes that, under the criteria of the Regulatory Aviation safety, Air transportation, Air have been made in the proposed § 33.87. Flexibility Act of 1980, a regulatory carriers, Aircraft, Airports, Airplanes, flexibility analysis of this supplemental Section 33.88 Engine Overtemperature Helicopters, Rotorcraft, Heliports, notice of proposed rulemaking is not Test Engines, and Ratings. required. One commenter suggests that the 14 CFR Part 33 International Trade Impact Assessment wording ‘‘or equivalent device’’ be Air transportation, Aircraft, Aviation The proposed modification of Notice inserted after ‘‘temperature limiter’’ in safety, Safety. § 33.88(c) and that language allowing No. 89–27 will neither eliminate any ‘‘equivalent limiting device’’ be added present regulations, nor impose any new The Proposed Amendment as an alternative to the direct ones. As a result, affected manufacturers Accordingly, the Federal Aviation temperature limiting control system. and operators will not incur additional Administration proposes to amend 14 costs, or realize significant savings. CFR part 1 and part 33 as follows: The FAA agrees. The proposed Thus, the proposed modification of wording is changed from ‘‘a temperature Notice No. 89–27 will not have any PART 1ÐDEFINITIONS AND limiter’’ to ‘‘a means to limit impact on trade opportunities for either ABBREVIATIONS temperature.’’ The means to limit the U.S. firms doing business overseas, or temperature is intended for limiting the foreign firms doing business in the 1. The authority citation for Part 1 maximum engine gas temperature. United States. continues to read as follows: Section 33.93 Teardown Inspection Authority: 49 U.S.C. app. 1347, 1348, Federalism Implications 1354(a), 1357(d)(2), 1372, 1421 through 1430, One commenter states that in § 33.93, The revised regulations proposed 1432, 1442, 1443, 1472, 1510, 1522, 1652(e), 1655(c), 1567(f); 49 U.S.C. 106(g). an ‘‘and’’ in the first sentence of herein would not have substantial direct § 33.93(c) should read ‘‘or’’, making the effects on the States, on the relationship 2. Section 1.1 is amended by adding fifth and sixth lines read as follows: between the national government and the definitions in alphabetical order of ‘‘* * * the endurance testing of § 33.87 the States, or on the distribution of ‘‘Rated 30-second OEI power’’ and (b), or (c), or (d), or (e) of this part and power and responsibilities among the ‘‘Rated 2-minute OEI power’’ to read as followed * * *.’’ The commenter states various levels of government. Therefore, follows: in accordance with Executive Order this change is needed because in § 1.1 General definitions. Proposal No. 9, revised § 33.87(a) states: 12612, it is determined that this proposal would not have sufficient * * * * * ‘‘* * * for engines tested under Rated 30-second OEI power, with paragraphs (b), (c), (d), or (e) of this federalism implications to warrant the preparation of a Federalism Assessment. respect to rotorcraft turbine engines, section * * *,’’ and the new § 33.87(f) means the approved brake horsepower reads: ‘‘* * * and following completion Conclusion developed under static conditions at of the tests under paragraphs (b), (c), (d), This SNPRM changes certain sections specified altitudes and temperatures or (e) of this section * * *.’’ of the proposed rule based on comments within the operating limitations The FAA agrees, and editorial received. For the reasons discussed in established for the engine under part 33 changes in proposed § 33.93 are made. the Notice No. 89–27 and this of this chapter, for continued one-flight Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7383 operation after the failure of one engine 30-second OEI and 2-minute OEI paragraph (a) and paragraph (a)(8); by in multiengine rotorcraft, limited to ratings, using a separate test vehicle if redesignating paragraph (f) as paragraph three periods of use no longer than 30 desired, for a period of 2-1/2 minutes at (g); by revising the reference ‘‘(e)(2) (ii) seconds each in any one flight, and the maximum operating temperature through (iv)’’ to read ‘‘(g)(2) (ii) through followed by mandatory inspection and limit of the 30-second OEI rating, except (iv)’’ in newly designated paragraph prescribed maintenance action. as provided in paragraph (c)(2)(iv) of (g)(2)(i); by revising the reference Rated 2-minute OEI power, with this section; and ‘‘(e)(2)(i)’’ to read ‘‘(g)(2)(i)’’ in newly respect to rotorcraft turbine engines, * * * * * designated paragraph (g)(2)(ii); by means the approved brake horsepower (d) Following the test, each rotor must revising the reference ‘‘(e)(2)(i)’’ to read developed under static conditions at be within approved dimensional limits ‘‘(g)(2)(i)’’ in newly designated specified altitudes and temperatures for an overspeed condition and may not paragraph (g)(2)(iii); by revising the within the operating limitations be cracked, except that following the reference ‘‘(e)(2) (i) and (ii)’’ to read established for the engine under part 33 test based on the maximum operating ‘‘(g)(2)(i) and (ii)’’ in newly designated of this chapter, for continued one-flight temperature limit of the 30-second OEI paragraph (g)(2)(iv); and by adding a operation after the failure of one engine rating, growth and distress beyond the new paragraph (f) to read as follows: in multiengine rotorcraft, limited to limits for an overspeed condition will § 33.87 Endurance test. three periods of use no longer than 2 be permitted, provided the engine is minutes each in any one flight, and shown by analysis or test, as found (a) General. Each engine must be followed by mandatory inspection and necessary by the Administrator, to subjected to an endurance test that prescribed maintenance action. maintain the structural integrity of each includes a total of at least 150 hours of * * * * * rotor. operation and, depending upon the type 6. Section 33.29 is amended by and contemplated use of the engine, PART 33ÐAIRWORTHINESS adding a new paragraph (c) to read as consists of one of the series of runs STANDARDS: AIRCRAFT ENGINES follows: specified in paragraphs (b) through (g) of this section, as applicable. For 3. The authority citation for Part 33 § 33.29 Instrument connection. engines tested under paragraphs (b), (c), continues to read as follows: * * * * * (d), or (e) of this section, the prescribed Authority: 49 U.S.C. 1344, 1354(a), 1355, (c) Each rotorcraft turbine engine 6-hour test sequence must be conducted 1421, 1423, 1424, 1425; 49 U.S.C. 106(g). having a 30-second OEI and a 2-minute 25 times to complete the required 150 4. Section 33.7 is amended by OEI power rating must have a provision hours of operation. Engines for which redesignating paragraph (c)(1)(viii) as for a means to: the 30-second OEI and 2-minute OEI paragraph (c)(1)(x); and by adding new (1) Alert the pilot when the engine is ratings are desired must be further paragraphs (c)(1)(viii) and (c)(1)(ix) to at the 30-second OEI and the 2-minute tested under paragraph (f) of this read as follows: OEI power levels; section. The following test requirements (2) Determine, in a positive manner, apply: § 33.7 Engine ratings and operating that the engine has been operated at * * * * * limitations. each rating; and (8) If the number of occurrences of * * * * * (3) Determine the elapsed time of either transient rotor shaft overspeed or (c) * * * operation at each rating. transient gas overtemperature is limited, (1) * * * 7. Section 33.67 is amended by that number of accelerations required by (viii) Rated 2-minute OEI power; adding a new paragraph (d) to read as paragraphs (b) through (g) of this section (ix) Rated 30-second OEI power; and follows: must be made at the limiting overspeed * * * * * § 33.67 Fuel system. or overtemperature. If the number of 5. Section 33.27 is amended by occurrences is not limited, half the revising the introductory text of * * * * * required accelerations must be made at (d) Engines having a 30-second OEI paragraph (c) and paragraph (c)(1), and the limiting overspeed or rating must incorporate means for by designating the undesignated overtemperature. paragraph following paragraph (c)(2)(vi) automatic availability and automatic as paragraph (d) and revising it to read control of 30-second OEI power. * * * * * as follows: 8. Section 33.85 is amended by (f) Rotorcraft engines for which 30- adding new paragraphs (c) and (d) to second OEI and 2-minute OEI ratings § 33.27 Turbine, compressor, fan, and read as follows: are desired. For each rotorcraft engine turbosupercharger rotors. for which 30-second OEI and 2-minute * * * * * § 33.85 Calibration tests. OEI power ratings are desired, and (c) The most critically stressed rotor (c) In showing compliance with this following completion of the tests under component (except blades) of each section, each condition must stabilize paragraphs (b), (c), (d), or (e) of this turbine, compressor, and fan, including before measurements are taken, except section, the applicant may disassemble integral drum rotors and centrifugal as permitted by paragraph (d) of this the tested engine, to the extent compressors in an engine or section. necessary to show compliance with the turbosupercharge, as determined by (d) In the case of engines having 30- requirements of § 33.93(a). The tested analysis or other acceptable means, second, OEI, 2-minute OEI, or 21⁄2- engine must then be reassembled using must be tested: minute OEI ratings, measurements taken the same parts used during the test runs (1) For a period of 5 minutes at the during the applicable endurance test of paragraphs (b), (c), (d), or (e) of this maximum rating’s steady-state operating prescribed in § 33.87 (f)(1) through (8) section, except those parts described as temperature limit, excluding the may be used in showing compliance consumables in the Instructions for maximum operating temperature limits with the requirements of this section for Continued Airworthiness. The applicant of the 30-second OEI and 2-minute OEI these OEI ratings. must then conduct the following test ratings, except as provided in paragraph 9. Section 33.87 is amended by sequence four times, for a total time of (c)(2)(iv) of this section; for engines with revising the introductory text of not less than 120 minutes: 7384 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules (1) Takeoff power. Three minutes at turbine assembly may exhibit distress information submitted in compliance rated takeoff power. beyond the limits for an with § 33.4. (2) 30-second OEI power. Thirty overtemperature condition provided the (b) After completing the endurance seconds at rated 30-second OEI power. engine is shown by analysis or test, as testing of § 33.87(f), each engine must be (3) 2-minute OEI power. Two minutes found necessary by the Administrator, completely disassembled; and at rated 2-minute OEI power. to maintain the integrity of the turbine (4) 30-minute OEI power, continuous assembly. (1) Each component having an OEI power, or maximum continuous (c) Each engine for which 30-second adjustment setting and a functioning power. Five minutes at rated 30-minute OEI and 2-minute OEI ratings are characteristic that can be established OEI power, rated continuous OEI power, desired, that incorporates a means to independent of installation on the or rated maximum continuous power, limit temperature, must be run for a engine must retain each setting and whichever is greatest, except that, period of 4 minutes at the maximum functioning characteristic within the during the first test sequence, this power-on rpm with the gas temperature limits that were established and period shall be sixty-five minutes. at least 35 °F (20 °C) higher than the recorded at the beginning of the test; (5) 50 percent takeoff power. One maximum operating limit. Following and minute at 50 percent takeoff power. this run, the turbine assembly may (2) Each engine may exhibit (6) 30-second OEI power. Thirty exhibit distress beyond the limits for an deterioration in excess of that permitted seconds at rated 30-second OEI power. overtemperature condition provided the in paragraph (a)(2) of this section, (7) 2-minute OEI power. Two minutes engine is shown by analysis or test, as at rated 2-minute OEI power. including some engine parts or found necessary by the Administrator, components that may be unsuitable for (8) Idle. One minute at idle. to maintain the integrity of the turbine * * * * * further use. The applicant must show by assembly. analysis and/or test, as found necessary 10. Section 33.88 is revised to read as (d) A separate test vehicle may be by the Administrator, that structural follows: used for each test condition. 11. Section 33.93 is revised to read as integrity of the engine including § 33.88 Engine overtemperature test. follows: mounts, cases, bearing supports, shafts, (a) Each engine must run for 5 and rotors, is maintained; or minutes at maximum permissible rpm § 33.93 Teardown inspection. (c) In lieu of compliance with ° with the gas temperature at least 75 F (a) After completing the endurance paragraph (b) of this section, each ° (42 C) higher than the maximum testing of § 33.87 (b), (c), (d), (e), or (g), engine for which the 30-second OEI and rating’s steady-state operating limit, each engine must be completely 2-minute OEI ratings are desired, may excluding maximum values of rpm and disassembled; and— be subjected to the endurance testing of gas temperature associated with the 30- (1) Each component having an § 33.87 (b), (c), (d), or (e) of this part, second OEI and 2-minute OEI ratings. adjustment setting and a functioning and followed by the testing of § 33.87(f), Following this run, the turbine assembly characteristic that can be established without intervening disassembly and must be within serviceable limits. independent of installation on the inspection. However, the engine must (b) Each engine for which 30-second engine must retain each setting and comply with paragraph (a) of this OEI and 2-minute OEI ratings are functioning characteristic within the section after completing the endurance desired, that does not incorporate a limits that were established and testing of § 33.87(f). Issued in means to limit temperature, must be run recorded at the beginning of the test; Washington, DC, on January 24, 1995. for a period of 5 minutes at the and maximum power-on rpm with the gas (2) Each engine part must conform to Elizabeth Yoest, temperature at least 75 °F (42 °C) higher the type design and be eligible for Acting Director, Aircraft Certification Service. than the 30-second OEI ratings incorporation into an engine for [FR Doc. 95–2730 Filed 2–6–95; 8:45 am] operating limit. Following this run, the continued operation, in accordance with BILLING CODE 4910±13±M federal register February 7,1995 Tuesday Rule Protection ofStratosphericOzone;Final 40 CFRPart82 Protection Agency Environmental Part VI 7385 7386 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations ENVIRONMENTAL PROTECTION I. Background sold as a package, a pre-charged split AGENCY On December 16, 1994, Hamilton system is not a fully assembled Home Products, a distributor of pre- appliance. For the reasons given in the October 40 CFR Part 82 charged split air-conditioning systems, 28, 1994 final rule (59 FR 55912, sent to the United States Environmental published November 9, 1994) EPA [FRL±5149±3] Protection Agency (EPA) a petition for revised the relevant paragraphs of reconsideration of the amendment to the § 82.154(n) to read ‘‘Effective November Protection of Stratospheric Ozone Refrigerant Recycling Rule promulgated 14, 1994, no person may sell or on October 28, 1994, (59 FR 55912, AGENCY: Environmental Protection distribute, or offer for sale or November 9, 1994), particularly the Agency (EPA). distribution, any class I or class II sales restriction provision under 40 CFR ACTION: Notice of partial stay and substance for use as a refrigerant to any 82.154(m) as it applies to refrigerant reconsideration. person unless: * * * (6) The refrigerant contained in appliances without fully is contained in an appliance, and after SUMMARY: This action announces a assembled refrigerant circuits. On January 9, 1995, the refrigerant is three-month stay of a provision of the January 6, 1995, Hamilton Home contained in an appliance with a fully refrigerant recycling regulations Products filed a petition in the United assembled refrigerant circuit * * *.’’ promulgated under section 608 of the States Court of Appeals for the District After promulgation of the October 28, Clean Air Act that restricts the sale of of Columbia Circuit seeking review of 1994 rule and within the 60 day judicial class I or class II refrigerants contained this Refrigerant Recycling Rule review period, Hamilton Home Products in appliances without fully assembled (Hamilton Home Products vs. U.S. (Hamilton) objected to the rule and refrigerant circuits. The effectiveness of Envtl. Protection Agency, D.C. Cir. No submitted information to EPA regarding 40 CFR 82.154(m), including the 95–1019). By this action, EPA is the effects of the sales restriction on pre- applicable compliance date, is stayed convening a proceeding for charged split systems. Hamilton claims for three months pending reconsideration. that it was impracticable to raise the reconsideration, only as it applies to II. Rules To Be Stayed and objection during the comment period refrigerant contained in appliances Reconsidered due to lack of notice. While EPA without fully assembled refrigerant believes its final rule is a logical circuits. Final regulations published on May outgrowth of the notice, the notice itself In the proposed rules Section of 14, 1993 (58 FR 28660), established a did not specifically address pre-charged today’s Federal Register notice, EPA is recycling program for ozone-depleting split systems. proposing to extend this stay to the refrigerants recovered during the Hamilton’s petition states that the extent necessary to complete servicing and disposal of air- Quick Connect assembly used in reconsideration (including any conditioning and refrigeration Hamilton’s products, which are sold to appropriate regulatory action) of the equipment. The regulations required homeowners, ‘‘enable[s] homeowners to rule in question. technicians to observe practices that have the installation completed with no minimize release of refrigerant to the EFFECTIVE DATE: January 27, 1995. refrigerant loss.’’ Hamilton further notes environment and to be certified as that ‘‘in the six (6) years that Hamilton ADDRESSES: Comments and materials knowledgeable of these requirements has been distributing ‘‘Quick-Connect’’ supporting this rulemaking are (40 CFR 82.154, 82.156, 82.161). Split Systems for sale, there have been contained in Public Docket No. A–92– Moreover, to ensure that persons no returns as a result of any product loss 01, Waterside Mall (Ground Floor) handling refrigerant are certified of refrigerant.’’ In addition, Hamilton Environmental Protection Agency, 401 technicians, § 82.154(n) (now (m) by states that consumers who buy split M Street, SW., Washington, DC 20460 in amendment) prohibited the sale of systems themselves, rather than through room M–1500. Dockets may be refrigerant unless the buyer was a a contractor, realize significant savings inspected from 8 a.m. until 5:30 p.m., certified technician or another even if the consumer hires a contractor Monday through Friday. A reasonable exception applied. One exception was to assemble the refrigerant circuit. fee may be charged for copying docket for refrigerant contained in an Finally, Hamilton argues that loss of the materials. appliance. This exception was intended split-system market would represent an FOR FURTHER INFORMATION CONTACT: to permit uncertified individuals to extreme economic burden on the Deborah Ottinger, Program purchase appliances, such as household company. Implementation Branch, Stratospheric refrigerators, whose installation would EPA has completed a preliminary Protection Division, Office of involve very little risk of refrigerant review of Hamilton’s information and is Atmospheric Programs, Office of Air release (58 FR 28697). now reconsidering the sales restriction and Radiation (6205–J), 401 M Street, On August 15, 1994, EPA proposed an provisions in light of this new SW., Washington, DC 20460, (202) 233– amendment to the technician information. Hamilton’s information 9200. The Stratospheric Ozone certification provisions of the rule to indicates that the risk of release of Information Hotline at 1–800–296–1996 clarify the scope of the activities that refrigerant during the assembly of quick- can also be contacted for further must only be performed by a certified connect split systems, and therefore the information. technician (59 FR 41968). During the benefit of restricting sale of split SUPPLEMENTARY INFORMATION: The comment period on the proposed rule, systems, may be small. At the same contents of this preamble are listed in EPA became aware that it also needed time, the cost to consumers and to the following outline: to clarify the exception for pre-charged distributors such as Hamilton of appliances from the sales restriction in I. Background restricting sale of split systems may be II. Rules to be Stayed and Reconsidered light of the other amendments. It was significant. not clear whether pre-charged split III. Issuance of Stay III. Issuance of Stay IV. Authority for Stay and Reconsideration systems should be considered V. Proposed Additional Temporary Stay appliances, which are excepted, or EPA hereby issues a three-month VI. Effective Date components, which are not. Although administrative stay of the effectiveness Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7387 of § 82.154(m), including all applicable associated compliance period products, Reporting and recordkeeping compliance dates, as this provision announced by this notice are being requirements, Stratospheric ozone layer. applies to refrigerant contained in undertaken pursuant to section Dated: January 27, 1995. appliances without fully assembled 307(d)(7)(B) of the Clean Air Act, 42 refrigerant circuits (59 FR 55912). This U.S.C. 7607(d)(7)(B). The issues in the Carol M. Browner, stay does not affect refrigerant contained petition for reconsideration were Administrator. 1 in pre-charged parts or bulk containers. impracticable to raise during the Part 82, chapter I, title 40, of the Code EPA will reconsider this rule, as comment period, and are of central of Federal Regulations, is amended to discussed above and, following the relevance to the outcome of this read as follows: notice and comment procedures of provision of the rule. section 307(d) of the Clean Air Act, will V. Proposed Additional Temporary PART 82ÐPROTECTION OF take appropriate action. If the STRATOSPHERIC OZONE reconsideration results in restrictions on Stay the sale of class I and class II Because EPA may not be able to 1. The authority citation for part 82 refrigerants that are stricter than the complete the reconsideration (including continues to read as follows: existing rule, EPA will propose an any appropriate regulatory action) of the adequate compliance period from the Authority: 42 U.S.C. 7414, 7601, 7671– rule stayed by this notice within the 7671q. date of final action on reconsideration. three-month period expressly provided EPA will seek to ensure that the affected in section 307(d)(7)(B), in the Proposed 2. Section 82.154 is amended by parties are not unduly prejudiced by the Rules Section of today’s Federal Agency’s reconsideration. adding paragraph (m)(9) to read as Register, EPA proposes a temporary follows: IV. Authority for Stay and extension of the stay beyond the three Reconsideration months provided, only to the extent § 82.154 Prohibitions. The administrative stay and necessary to complete reconsideration * * * * * of the rule in question. reconsideration of the rule and (m) * * * VI. Effective Date (9) Rules stayed for reconsideration. 1 EPA considers a ‘‘part’’ to be any component or set of components that makes up less than an This action will become final on Notwithstanding any other provisions of appliance. For example, this includes line sets, January 27, 1995. this subpart, the effectiveness of 40 CFR evaporators, or condensers that are not sold as part 82.154(m), only as it applies to of a set from which one can construct a complete List of Subjects in 40 CFR Part 82 split system or other appliance. On the other hand, refrigerant contained in appliances EPA considers a ‘‘pre-charged split system’’ to be without fully assembled refrigerant a set of parts or components, at least one of which Environmental protection, circuits, is stayed from January 27, 1995 is pre-charged, from which one can assemble a Administrative practice and procedure, to April 27, 1995. complete split system. This may include a pre- Air pollution control, Chemicals, charged condenser, pre-charged evaporator, and Chlorofluorocarbons, Exports, * * * * * pre-charged line set, or simply a pre-charged [FR Doc. 95–2830 Filed 2–6–95; 8:45 am] condenser sold along with an evaporator and line Hydrochlorofluorocarbons, Imports, set containing only nitrogen. Interstate commerce, Nonessential BILLING CODE 6560±50±P federal register February 7,1995 Tuesday Proposed Rule Protection ofStratosphericOzone; 40 CFRPart82 Protection Agency Environmental Part VII 7389 7390 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules ENVIRONMENTAL PROTECTION and Radiation (6205–J), 401 M Street, following the notice and comment AGENCY SW., Washington, DC 20460, (202)233– procedures of section 307(d) of the 9200. The Stratospheric Ozone Clean Air Act, take appropriate action. 40 CFR Part 82 Information Hotline at 1–800–296–1996 If, after reconsideration of these [FRL±5149±4] can also be contacted for further provisions, EPA determines that it is information. appropriate to impose restrictions on Protection of Stratospheric Ozone SUPPLEMENTARY INFORMATION: In the the sale of class I and class II rules Section of today’s Federal refrigerants that are stricter than the AGENCY: Environmental Protection Register, EPA announces that pursuant existing rules, EPA will propose an Agency (EPA). to Clean Air Act section 307(d)(7)(B), 42 adequate compliance period from the ACTION: Proposed stay. U.S.C. 7607(d)(7)(B), it is convening a date of final action on reconsideration. SUMMARY: In the Rules Section of today’s proceeding for reconsideration of a EPA will seek to ensure that the affected Federal Register, EPA is announcing a provision of the refrigerant recycling parties are not unduly prejudiced by the three-month administrative stay and regulations promulgated under section Agency’s reconsideration. EPA expects reconsideration of a provision of the 608 of the Clean Air Act that restricts that any EPA proposal regarding refrigerant recycling regulations the sale of class I and class II changes to the sales restriction promulgated under section 608 of the refrigerants contained in appliances provision and the appropriate Clean Air Act that restricts the sale of without fully assembled refrigerant compliance period would be subject to class I and class II refrigerants contained circuits (59 FR 55912, November 9, the notice and comment procedures of in appliances without fully assembled 1994). Readers should refer to that Clean Air Act section 307(d). notice for a complete discussion of the refrigerant circuits. That action stays the List of Subjects in 40 CFR Part 82 effectiveness of 40 CFR 82.154 (m), background and rules affected. In that including the applicable compliance notice EPA also announces a three- Environmental Protection, date, only as it applies to refrigerant month stay of that provision during Administrative practice and procedure, contained in appliances without fully reconsideration. However, if EPA Air pollution control, Chemicals, assembled refrigerant circuits. cannot complete reconsideration Chlorofluorocarbons, Exports, This notice proposes, pursuant to (including appropriate regulatory Hydrochlorofluorocarbons, Imports, Clean Air Act section 301(a)(1), 42 action) within the three-month period Interstate commerce, Nonessential U.S.C. 7601(a)(1), to stay temporarily expressly provided by CAA products, Reporting and recordkeeping the effectiveness of this provision, and § 307(d)(7)(B), then it may be requirements, Stratospheric ozone layer. applicable compliance dates, beyond appropriate to extend the stay of this provision until EPA completes Dated: January 27, 1995. the three-month administrative stay, but Carol M. Browner, only to the extent necessary to complete reconsideration. By this action, EPA Administrator. reconsideration (including any proposes a temporary extension of the appropriate regulatory action) of the stay beyond the three-month Part 82, chapter I, title 40, of the code administrative stay to the extent rule in question. of Federal Regulations, is amended to necessary to complete reconsideration DATES: Written comments on this read as follows: of the rule in question. If EPA takes final proposal must be received by March 9, action to impose this proposed stay, the 1995. Requests for a hearing should be PART 82ÐPROTECTION OF stay will extend until the effective date submitted to Deborah Ottinger by STRATOSPHERIC OZONE of EPA’s final action following February 17, 1995. Interested persons reconsideration of this rule. may contact the Stratospheric Ozone 1. The authority citation for part 82 By this notice EPA hereby proposes, continues to read as follows: Hotline at the phone number given pursuant to Clean Air Act sections below to see if a hearing will be held 301(a)(1), 42 U.S.C. 7601(a)(1), a Authority: 42 U.S.C. 7414, 7601, 7671– 7671q. and the date and location of any temporary stay of the effectiveness of 40 hearing. Any hearing will be strictly CFR 82.154 (m), including the 2. Section 82.154 is amended by limited to the subject matter of this applicable compliance date, only as it revising paragraph (m)(9) to read as proposal, the scope of which is applies to refrigerant contained in follows: discussed below. appliances without fully assembled ADDRESSES: Written comments on this refrigerant circuits, promulgated as a § 82.154 Prohibitions. proposed action should be addressed to final federal rule requiring restrictions * * * * * Public Docket No. A–92–01 VIII.E, on the sale of class I and class II (m) * * * Waterside Mall (Ground Floor) refrigerants (59 FR 55912, November 9, (9) Rules stayed for reconsideration. Environmental Protection Agency, 401 1994). Please refer to the notice of stay Notwithstanding any other provisions of M Street, SW., Washington, DC 20460 in and reconsideration in the Rules section this subpart, the effectiveness of 40 CFR room M–1500. All supporting materials of today’s Federal Register for EPA’s 82.154(m), only as it applies to are contained in Docket A–92–01. statement of its reasons for staying and refrigerant contained in appliances Dockets may be inspected from 8 a.m. reconsidering this provision. Pursuant without fully assembled refrigerant until 5:30 p.m., Monday through Friday. to the rulemaking procedures set forth circuits, is stayed from (Date of A reasonable fee may be charged for in section 307(d) of the Clean Air Act, Publication of Final Action) until the copying docket materials. EPA hereby requests comment on such completion of the reconsideration of 40 FOR FURTHER INFORMATION CONTACT: a proposed stay. Deborah Ottinger, Program EPA is proposing this temporary stay CFR 82.154(m). Implementation Branch, Stratospheric of the rule and associated compliance * * * * * Protection Division, Office of date in order to complete [FR Doc. 95–2829 Filed 2–6–95; 8:45 am] Atmospheric Programs, Office of Air reconsideration of this rule, and, BILLING CODE 6560±50±P federal register February 7,1995 Tuesday Standards; InterimFinalRule Accounting andFinancialReporting Small BusinessInvestmentCompanies; 13 CFRPart107 Administration Small Business Part VIII 7391 7392 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations SMALL BUSINESS ADMINISTRATION the current appendices I and II to Part Undistributed Net Realized Earnings 107 of SBA regulations are consolidated and Noncash Gains/Income, the two 13 CFR Part 107 into a revised appendix I. components of Undistributed Realized Two items currently included in the Earnings. These definitions are Small Business Investment appendices are deleted: (1) The consistent with the interpretations Companies; Accounting and Financial schedules which constitute SBA Form currently used by SBA in practice. Reporting Standards 468, on which SBICs prepare their 6. Retained Earnings Available for Annual Financial Report to SBA, and (2) Distribution—Corrects contradictory AGENCY: Small Business Administration. the standard SBIC chart of accounts. statements in the current appendices ACTION: Interim final rule. SBA is deleting Form 468 in the interest and provides additional detail of consistency, since none of the other SUMMARY: concerning the computation of this The Small Business standard forms used in the SBIC Administration (SBA) currently amount, consistent with the definition program is included in Part 107 of the of Retained Earnings Available for provides accounting guidance for Small regulations or its appendices. The SBIC Business Investment Companies (SBICs) Distribution which was published in the chart of accounts represents the type of Federal Register on April 8, 1994 (59 FR in two appendices to SBA regulations. explanatory material that SBA considers These appendices have not been 16898). more appropriate for inclusion in a 7. Preferred Securities Leverage for significantly revised since 1986. Policy and Procedural Release rather Subsequent changes in generally Section 301(d) Licensees—Provides than in Agency regulations. SBA plans guidance on accounting for 4% accepted accounting principles and in to provide updated versions of both the the SBIC program have caused the redeemable preferred securities, a topic Form 468 and the SBIC chart of which is not addressed in the current accounting standards to become accounts after this rule is published. outdated and incomplete. This rule appendices. Until then, Licensees should continue to 8. Participating Securities—Provides updates the standards for accounting use the existing versions. general guidance on financial statement and financial reporting by SBICs, as While many of the topics covered in presentation of these new equity-type well as the guidelines for Independent this rule should be familiar to users of securities, which may be issued by Public Accountants (IPAs) performing the current appendices, some are either Licensees pursuant to the final rule audits of SBIC financial statements. new or significantly revised, including published in the Federal Register on The current appendix I includes SBA the following: April 8, 1994. Additional guidance and Form 468, on which SBICs prepare the 1. Independent Auditors’ Report— computer software to perform the required Annual Financial Report to Includes a sample report which satisfies various profit and distribution SBA. The current appendix II includes current requirements of the American computations associated with the standard chart of accounts for SBICs. Institute of Certified Public Participating Securities will be provided This rule deletes both the Form 468 and Accountants. to issuers of such securities. the chart of accounts from the 2. Access to Accountants’ Working regulations and consolidates the Papers—States explicitly that SBA, in Compliance With Executive Orders remaining material in appendices I and its discretion, may assign its examiners 12866, 12612 and 12778, and the II into one appendix. or other personnel to review Regulatory Flexibility and Paperwork DATES: This interim final rule is accountants’ working papers prepared Reduction Acts in connection with audits of SBICs. effective February 7, 1995. Written Executive Order 12866 and Regulatory Although this statement does not appear comments on this rule must be received Flexibility Act no later than March 9, 1995. in the existing appendices, it is This rule will not constitute a ADDRESSES: Written comments should consistent with SBA’s current position significant regulatory action for be sent to Robert D. Stillman, Associate that working papers are subject to the purposes of Executive Order 12866 Administrator for Investment, Small requirements concerning records and because it is not likely to have an Business Administration, Suite 6300, reports set forth in § 107.1002 of the annual impact on the national economy 409 3rd Street SW., Washington, DC regulations. of $100 million or more, and, for 20416. 3. Accounting for Income Taxes— Revised in accordance with FASB purposes of the Regulatory Flexibility FOR FURTHER INFORMATION CONTACT: Statement No. 109, issued in February Act, 5 U.S.C. 601 et seq., it will not have Carol Fendler, Office of Program 1992, which sets forth current GAAP in a substantial impact on a significant Support; telephone no. (202) 205–7559. this area. number of small entities. SUPPLEMENTARY INFORMATION: The 4. Interest Income—Provides more 1. The legal basis for this regulation accounting standards published by SBA specific guidance than before is section 308(c) of the Small Business on August 28, 1986 (51 FR 30752) have concerning the accounting treatment of Investment Act, 15 U.S.C. 687(c). since undergone only minor revisions. delinquent interest. This section sets 2. The potential benefits of this As a result, these standards do not forth conditions which are deemed to regulation have been set forth in the reflect subsequent changes in the SBIC create a presumption that the collection discussion above, under Supplementary program mandated by the Small of interest is doubtful; SBICs would Information. Business Investment Act of 1958, as have the opportunity to rebut such a 3. The potential cost of this regulation amended (Act), as well as changes in presumption. This approach is cannot be quantified or estimated. generally accepted accounting consistent with the valuation guidelines 4. There are no Federal rules which principles (GAAP). for interest-bearing securities published duplicate, overlap, or conflict with this This rule updates the accounting in the Federal Register on June 2, 1994 rule. standards for the SBIC program, while (59 FR 28471) and is intended to 5. SBA is not aware of regulatory also reorganizing the material to make achieve greater consistency in financial alternatives that could achieve the same information on specific topics easier to reporting by SBICs. objectives at lower cost. find. The accounting, financial reporting 5. Undistributed Realized Earnings— This rule was not reviewed under and auditing requirements included in Provides more detailed definitions of Executive Order 12866. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7393 Executive Order 12612 and computations of Regulatory and G. Profit Participation in Small Concerns Leverageable Capital. Without the new H. Fees Charged to Small Concerns SBA certifies that this regulation has I. Accounting for Investments in Flow- no federalism implications warranting Form 468, Licensees will find it difficult to report required financial information Through Entities the preparation of a Federal Assessment J. Equity Method of Accounting in accordance with Executive Order to SBA, and SBA will find it difficult to K. Accounting for Income Taxes 12612. monitor key aspects of their financial L. Realized Gain (Loss) on Investments condition and regulatory compliance. M. Nonmonetary Transactions Paperwork Reduction Act Therefore, this rule is being N. Interest, Notes and Accounts Receivable For purposes of the Paperwork promulgated as an interim final rule, O. Compensating Balances P. Organization Costs Reduction Act, 44 U.S.C., ch. 35, SBA and the public is offered an opportunity to comment on it subsequent to its Q. Contingent Liabilities hereby certifies that this rule, in and of R. Transactions with Related Parties itself, will impose no new reporting or publication. Comments will be taken into consideration in the ultimate S. Leverage—Debentures Guaranteed or recordkeeping requirements. This rule Purchased by SBA prescribes the accounting treatment for finalization of the rule. T. Leverage—Participating Securities certain types of financial transactions List of Subjects in 13 CFR Part 107 Guaranteed by SBA U. Preferred Securities Leverage for Section which are new to the SBIC program; Investment companies, Loan such treatment, however, is dictated by 301(d) Licensees programs—business, Small businesses. V. Contributed Capital and Committed the substance of these transactions, For the reasons set forth above, Title Capital which has already been established by 13, Part 107 of the Code of Federal W. Unrealized Gain (Loss) on Securities statute (primarily section 403 of Pub. L. Regulations is amended as follows: Held 102–366). X. Undistributed Realized Earnings Y. Retained Earnings Available for Executive Order 12778 PART 107ÐSMALL BUSINESS INVESTMENT COMPANIES Distribution SBA certifies that this rule is drafted, Z. Partnership Capital Accounts to the extent practicable, in accordance 1. The authority citation for Part 107 VI. Availability of Publications and Forms with the standards set forth in Section continues to read as follows: I. Introduction 2 of Executive Order 12778. Authority: Title III of the Small Business i. This appendix provides guidance to SBA certifies pursuant to 5 U.S.C. Investment Act, 15 U.S.C. 681 et seq.; 15 Small Business Investment Companies 553(b)(B) that notice and comment in U.S.C. 687c; 15 U.S.C. 683; 15 U.S.C. 687d; (SBICs) on accounting policies and the promulgation of this regulation is 15 U.S.C. 687g; 15 U.S.C. 687b; 15 U.S.C. procedures, financial reporting to SBA, and impracticable. In this regard, the rule 687m, as amended by Pub. L. 102–366. selection of an auditor. In addition, this provides necessary accounting guidance 2. Appendix I is revised to read as appendix contains guidelines for to Licensees on recently implemented follows: Independent Public Accountants (IPAs) aspects of the SBIC program (such as engaged to conduct annual audits of SBICs. Participating Securities and Appendix I to Part 107—Accounting This appendix is not intended to be a Standards and Financial Reporting comprehensive treatment of all accounting commitments from Institutional and auditing issues which may arise in an Investors). It also revises the guidelines Requirements for Small Business Investment Companies SBIC; instead, its purpose is to cover those to reflect recent regulatory changes in topics that are particularly relevant to the such areas as valuations, Retained Table of Contents SBIC program and which may involve the Earnings Available for Distribution, and I. Introduction application of specialized industry practices. electronic reporting requirements. II. Recordkeeping and Financial Reporting Therefore, Licensees and their IPAs should Licensees need to have access to this A. Records and Reports consult other appropriate sources of information in order to prepare their B. Account Classification information as needed. Furthermore, as in year end financial statements in a C. Annual Financial Report (SBA Form any audit, the independent auditor of an 468) SBIC must exercise professional judgment as manner acceptable to SBA. to the work required to satisfy generally Other changes to the accounting D. Filing of Annual Financial Report E. Portfolio Financial Report (SBA Form accepted auditing standards. guidelines are intended to bring them 1031) ii. This appendix contains references to into compliance with generally accepted F. Interim Reports Securities and Exchange Commission (SEC) accounting principles. Some areas of the III. Selection and Qualification of the Auditor Rules and Regulations, pronouncements of present guidelines (such as accounting A. Selection of the Auditor the Financial Accounting Standards Board for income taxes and preparation of the B. Qualification of the Auditor (FASB) and its predecessors, publications of Independent Accountant’s Report) are C. Independence the American Institute of Certified Public IV. Annual Report Accountants (AICPA), and the Internal so out of date that they have become Revenue Code. Such references are subject to sources of significant confusion to A. Generally Accepted Auditing Standards B. Independent Auditors’ Report change. It is the responsibility of the Licensee Licensees. C. Access to Accountants’ Working Papers and its advisors to be aware of any Finally, this rule provides for the D. Accountants’ Reponsibility for regulatory, accounting, or tax code changes deletion of the present SBA Form 468 Valuations that could have an effect on the Licensee. from the appendix to Part 107. This will E. Audit Adjustments II. Recordkeeping and Financial Reporting allow SBA to implement a revised 468 F. Reporting Irregularities (subject to OMB approval) for G. Detecting Noncompliance With Laws A. Records and Reports companies with fiscal years ending on and Regulations All books, records, ledgers, and other or after December 31, 1994. The revised V. Accounting Policies and Procedures supporting documents shall be maintained in Form 468 is needed to accommodate A. Generally Accepted Accounting the English language. See § 107.1002 for Principles reporting related to statutorily mandated specific requirements relating to the retention B. Accrual Basis of Accounting of records and the filing of reports with SBA. programs, and also to provide Licensees C. Reporting Entity with a format in which to show D. Fair Value of Loans and Investments B. Account Classification information such as economic impact E. Interest Income i. Licensees shall maintain their books of data, investments in Smaller Concerns, F. Dividend Income account in accordance with the system of 7394 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations account classification prescribed by SBA. F. Interim Reports c. Had any loan to or from the Licensee or The system has been prescribed to insure that SBA may require Licensees to submit any of its officers, directors or principal standard books of account are maintained by interim reports containing unaudited stockholders, or any general or limited Licensees and that uniform accounting financial and/or management information, partner. policies are followed. pursuant to § 107.1002(g). The form and 2. During the period covered by the ii. Books of account for a management content of such reports may be standardized financial statements during the professional consulting or other subsidiary shall be or determined by SBA on a case-by-case engagement, or at the time of expressing an maintained using accounts compatible with basis. Interim reports shall be submitted in opinion, the accountant or his/her firm: those used by the Licensee. such manner and at such time as SBA shall a. Was connected with the Licensee as a direct. promoter, underwriter, or voting trustee, a C. Annual Financial Report (SBA Form 468) director of officer or in any capacity i. The Small Business Administration, III. Selection and Qualification of the equivalent to that of a member of under authority granted by the Small Auditor management or of an employee; or b. Was a trustee of any trust or executor or Business Investment Act of 1958, as amended A. Selection of the Auditor (the Act), requires each Licensee to submit an administrator of any estate is such trust or Annual Financial Report as of the close of its i. The Licensee’s Board of Directors or estate had a direct or material indirect fiscal year (see § 107.1002(e)). The Annual General Partner is responsible for selecting financial interest in the Licensee; or was a Financial Report consists of audited financial the Independent Public Accountant (IPA). trustee for any pension or profit-sharing trust statements and supplementary schedules Within 30 days of its engagement by the of the Licensee; or prepared on SBA Form 468, the Independent Licensee, the Independent Public Accountant c. Rendered bookkeeping services to the Public Accountant’s report, the notes shall file with the SBA a completed IPA Licensee; Provided however, that SBA may accompanying the financial statements, and Certification (CO Form 112) certifying as to approve the rendering of bookkeeping the required certifications. its qualifications and independence. The IPA services by independent accountants on a shall be deemed approved unless the ii. Preparation of the Annual Financial case by case basis. Licensee is notified to the contrary by SBA Report is the responsibility of the Licensee. iii. Independent public accountants who within 90 days after receipt of the IPA The Independent Public Accountant’s audit Licensees which elect to qualify as Certification. responsibility is to perform an audit and to Regulated Investment Companies should ii. Submittal of the IPA Certification is express an opinion on the financial become familiar with Section 600 (‘‘Matters required only upon the initial engagement of statements and supplementary schedules Relating to Independent Accountants’’) of the the IPA. An IPA engaged to audit an SBIC on based on the audit. SEC’s ‘‘Codification of Financial Reporting a recurring basis does not need to submit a Policies.’’ D. Filing of Annual Financial Report new Certification each year. IV. Annual Audit i. The Annual Financial Report on SBA iii. The Licensee shall notify the SBA in writing of a change in accountants and shall Form 468 shall be submitted to SBA by the A. Generally Accepted Auditing Standards explain the reason for the change. Licensee no later than the last day of the The IPA shall perform an audit of the third month following the end of the B. Qualification of the Auditor Licensee’s financial statements in accordance Licensee’s fiscal year. Any Certified Public Accountant or Public with generally accepted auditing standards The Licensee shall include in its filing a Accountant, licensed by a regulatory (GAAS) of the AICPA. It is the responsibility copy of any transmittal letter, special report, authority of a State or other political of accountants to be informed of any changes or other communication furnished by its subdivision of the United States, may be in GAAS as they occur. AICPA auditor. considered qualified to render an opinion on recommendations for the application of ii. For all fiscal years ending on or after behalf of a Licensee, provided the following GAAS to audits of the financial statements of June 30, 1994, SBA Form 468 shall be conditions are met: (1) The accountant is investment companies are presented in the submitted electronically, in accordance with independent with respect to the Licensee, publication, ‘‘Audits of Investment § 107.101(h). All Licensees must use the and (2) the accountant is duly authorized to Companies’’, which is updated periodically. electronic reporting software provided by practice and is in good standing under the Although this publication deals primarily SBA for this purpose. A complete filing of laws of the State or other comparable with companies investing in marketable Form 468 consists of the following: authority in which so authorized. securities, many of its recommended audit (1) The electronic reporting data diskette; procedures are applicable to SBICs. (2) Two printed copies of the financial C. Independence B. Independent Auditor.s Report statements and supplementary schedules; i. Independent Public Accountants (3) The signed management certifications approved by SBA are to follow the Code of i. The Independent Auditor’s Report shall which appear on the last page of Form 468 Professional Conduct adopted by the AICPA. conform to current AICPA recommendations (two copies, one with original signatures); In considering questions which may arise regarding the application of generally (4) The IPA’s report (two copies, one with concerning the independence of an accepted auditing standards to reports on original signature); and accountant with respect to a Licensee, the audited financial statements of investment (5) The notes to the financial statements SBA will give appropriate consideration to companies. As of the publication date of (two copies). all relevant circumstances, including these regulations, such recommendations are evidence bearing on relationships between presented in chapter 9 of the AICPA E. Portfolio Financing Report (SBA Form the accountant and such Licensee or any of publication, ‘‘Audits of Investment 1031) its affiliates. Companies.’’ It is the responsibility of For each financing of a small concern, ii. Independence will be considered to be accountants to be aware of any changes in Licensees shall submit a Portfolio Financing impaired by circumstances including, but not generally accepted auditing standards which Report on SBA Form 1031 within 30 days of limited to, the following: may affect reporting requirements. the closing date of the financing. Such 1. During the professional engagement, or ii. The opinion expressed in the reports shall be prepared using software at the time of expressing an opinion, the Independent Auditors’ Report must refer provided by SBA. Licensees may submit a accountant or his/her firm: specifically to the financial statements as printout of the form to SBA or transmit it a. Had or was committed to acquire any they appear in SBA Form 468. An opinion electronically. The report, which is used for direct or indirect financial interest in the expressed on financial statements prepared program evaluation purposes, provides Licensee; or for general purposes, or for any specific summary information concerning the amount b. Had any joint closely held business purpose other than inclusion in SBA Form and terms of the financing, the financial investment with the Licensee or any of its 468, is not acceptable. The financial condition of the small concern and the officers, directors or principal stockholders, statements may be listed by name in the intended use of proceeds, as well as or any general or limited partner, which was auditor’s report, or listed separately and information which will be used to assess the material in relation to the net worth of the referred to in the report (for example, the economic impact of the financing. accountant or his/her firm; or report could refer to the financial statements Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7395 ‘‘as listed on the following page’’ or ‘‘as listed In our opinion, the financial statements (3) Has the Licensee documented the basis in the accompanying index’’). referred to above present fairly, in all for its valuations, and does such iii. In addition to expressing an opinion on material respects, the financial position of documentation indicate that a reasonable the basic financial statements (the statement [Licensee] as of [closing date of fiscal year], analysis of available information has been of financial position, statement of operations and the results of its operations and cash performed? realized and statement of cash flows), the flows for the year then ended in conformity iii. Based upon the auditing procedures accountant must express an opinion on the with generally accepted accounting performed, the IPA shall express an opinion supplementary financial information. The principles. as to whether the Licensee’s valuation supplementary information should be As explained in Note ll, the financial procedures are reasonable and the addressed in a separate paragraph of the statements include investments valued at documentation is appropriate. llll Independent Auditors’ Report. As with the $ as of [closing date of fiscal year], iv. SBA requirements concerning portfolio basic financial statements, the supplementary whose values have been estimated by the valuations are set forth in Appendix II to Part statements and schedules may be listed in [Board of Directors] [General Partner(s)], in 107. Appendix II contains recommended the report itself or listed separately and the absence of readily ascertainable market valuation techniques for securities of various referred to in the report. values. We have reviewed the procedures types, as well as requirements concerning iv. Almost all SBICs have Loans and used by the [Board of Directors] [General written valuation policy, frequency of Investments, the value of which must be Partner(s)] in arriving at its estimates of value valuation, and documentation. A Licensee estimated by the Board of Directors or of such investments and have inspected has the option of adopting the model General Partner(s) in the absence of readily underlying documentation, and, in the valuation policy included in Appendix II or ascertainable market values. The auditor’s circumstances, we believe the procedures are obtaining SBA approval of an alternative reports for such SBICs must include an reasonable and the documentation valuation policy. explanatory paragraph addressing portfolio appropriate. However, because of the v. In addition to the SBA valuation valuations, in which the auditor states inherent uncertainty of valuation, those requirements, IPAs may also wish to review whether the valuation procedures are estimated values may differ significantly SEC Accounting Series Release No. 118 from the values that would have been used reasonable and the underlying (section 404.03, ‘‘Codification of Financial had a ready market for the investments documentation is appropriate. It is no longer Reporting Policies’’). existed, and the differences could be acceptable to state that valuations involve vi. The IPA shall test a sufficient number material. subjective judgment which is not susceptible of valuations to support an opinion. Testing Our audit was made for the purpose of to substantiation by auditing procedures. The of valuations representing less than 50 forming an opinion on the basic financial paragraph should follow the AICPA’s percent of the value of the entire portfolio statements taken as a whole. The reporting recommendations presented in shall be presumed to be insufficient to supplementary information contained in the chapter 9 of ‘‘Audits of Investment support an opinion. [analysis of stockholders’ equity] [analysis of Companies’’. vii. If the audit discloses that the valuation partners’ capital], computations of retained V. Sample Report. Following is a sample procedures are inadequate, unreasonable or Independent Auditors’ Report which is earnings available for distribution and of regulatory and leverageable capital, inconsistent with the Licensee’s valuation acceptable to SBA, based on generally policy, or that the underlying documentation accepted auditing standards in effect as of the schedules of commitments and guarantees, and schedules 1 through 7 is presented for does not adequately support the valuations, publication date of these regulations. Any the IPA’s opinion shall be modified to subsequent changes in generally accepted purposes of additional analysis and is not a required part of the basic financial indicate a lack of conformity with generally auditing standards which affect reporting accepted accounting principles. The opinion requirements must be reflected in the statements. Such information has been subjected to the auditing procedures applied may be qualified (using the phrase ‘‘except Independent Auditors’ Report included in a for’’) or, depending upon the possibility of a Licensee’s filing of SBA Form 468, regardless in the audit of the basic financial statements and, in our opinion, is fairly stated in all material misstatement, the accountant may of whether or not SBA has published an determine that an adverse opinion is updated sample report. material respects in relation to the basic financial statements taken as a whole. appropriate. Independent Auditors’ Report C. Access to Accountants’ Working Papers E. Audit Adjustments The Board of Directors of [Licensee] All audit adjustments shall be entered in or At its discretion, SBA may assign its examiners or other personnel to review the the Licensee’s records before issuance of the The General Partner(s) and Limited accountant’s working papers. The audit Independent Auditors’ Report. As a result, Partners of [Licensee] engagement agreement between the Licensee the financial statements accompanying the We have audited the statement of financial and the IPA shall provide that the report will agree with the books as adjusted position of [Licensee] as of [closing date of accountant’s working papers will be made as of the statement date, giving consideration fiscal year] and the related statements of available for review upon request of the SBA. to reclassification of account balances for operations realized and cash flows for the report purposes. If the adjustments are not so year then ended included in SBA Form 468. D. Accountants’ Responsibility for Valuations recorded on the Licensee’s books, a statement These financial statements are the i. The investment portfolios of virtually all shall be made by the IPA to this effect. responsibility of the Company’s management. SBICs contain nonmarketable securities, the F. Reporting Irregularities Our responsibility is to express an opinion values of which must be estimated in the on these financial statements based on our absence of readily ascertainable market i. Reporting Irregularities and Illegal Acts audit. values. It is the responsibility of the Board of to SBA. An independent public accountant We conducted our audit in accordance Directors or the General Partner(s) to estimate that detects irregularities or illegal acts with generally accepted auditing standards. the value of such securities in good faith. individually or collectively material to the Those standards require that we plan and ii. The IPA does not act as an appraiser for financial statements, or irregularities or perform the audit to obtain reasonable security values estimated by the Board of illegal acts relative to SBA programs whether assurance about whether the financial Directors or General Partner(s), and is not or not material, shall advise management in statements are free of material misstatement. expected to perform an audit of the portfolio writing. Management, in turn, shall An audit includes examining, on a test basis, concerns. The IPA’s review of a Licensee’s immediately advise, in writing, the Associate evidence supporting the amounts and portfolio valuations shall address the Administrator for Investment, Investment disclosures in the financial statements. An following questions: Division, 409 Third Street, SW, Washington, audit also includes assessing the accounting (1) Does the Licensee have a written DC 20416. Management, in advising SBA, principles used and significant estimates valuation policy which has been approved by shall, to the extent practicable, describe the made by management, as well as evaluating SBA? irregularities or illegal acts and their effects the overall financial statement presentation. (2) Do the Licensee’s valuations of its on the financial statements and SBA We believe that our audit provides a portfolio concerns reflect consistent programs. Auditors shall determine whether reasonable basis for our opinion. adherence to its valuation policy? management reported the irregularities or 7396 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations illegal acts and, if management fails to report, Federal Register, which provide rationales B. Accrual Basis of Accounting the auditor shall report to SBA at the address for and interpretations of new regulations; Books of account shall be maintained on an listed above. and a regulatory compliance checklist for accrual basis. All accruals are to be entered ii. Reporting Internal Control Structure small business financings. in the records and posted at the end of the Reportable Conditions. Reportable conditions v. Preparation for an SBIC audit should fiscal year, and as of the closing dates of any in an SBIC’s internal control structure shall include a review of AICPA Statement on other fiscal periods to be covered by interim be reported to SBIC management in writing Auditing Standards No. 54 (SAS 54). This or special financial report to SBA. and SBIC management shall immediately statement discusses the consideration an transmit this auditor’s report to SBA. auditor should give to the possibility of C. Reporting Entity Reportable conditions and the manner of illegal acts by a client in a financial statement i. For most SBICs, the reporting entity is reporting such conditions are addressed in audit performed in accordance with GAAS. the Licensee only. Application of this general AU Section 325, Codification of Statements As defined in the statement, ‘‘illegal acts’’ rule and certain exceptions to it are on Auditing Standards, issued by the include violations of laws or government discussed in this paragraph C. American Institute of Certified Public regulations. ii. Investment in Management Services Accountants. vi. In addition to any specific audit Company. The provisions of § 107.501(c) G. Detecting Noncompliance With Laws and procedures deemed necessary which may permit a Licensee to organize a wholly- Regulations relate to compliance issues, the IPA shall owned corporation solely to provide obtain representation from the Licensee management services. The regulation states i. Audits of SBICs are performed in regarding its lawful operation as that reports submitted to SBA shall reflect accordance with generally accepted auditing contemplated by the Act. the consolidated results of the Licensee and standards. These standards require IPAs to its subsidiary. design audit procedures which will provide V. Accounting Policies and Procedures iii. Investment in Section 301(d) Licensee. reasonable assurance of detecting instances A. Generally Accepted Accounting Principles Under § 107.712, a Section 301(d) Licensee of noncompliance with applicable laws and may be licensed to operate as the subsidiary regulations that could have a material effect i. As a general rule, Licensees shall follow of one or more Licensee companies on Licensees’ financial statements. generally accepted accounting principles (‘‘Participant Licensees’’), with or without ii. A GAAS audit is neither a substitute for (GAAP) as promulgated by the Financial non-Licensee participation. Each Participant nor a duplication of the examination of an Accounting Standards Board, its Licensee shall own at least twenty percent of SBIC performed by SBA’s examiners. The predecessors (such as the Accounting the voting securities of the Section 301(d) purpose of such examinations is to provide Principles Board), and the AICPA. Sources of Licensee. Such an investment should be a comprehensive evaluation of the Licensee’s information concerning specialized reported on the equity method, under the compliance with laws and regulations accounting and reporting principles for caption ‘‘Investment in 301(d) Licensee’’ on governing the SBIC program. In contrast, investment companies include the AICPA the Statement of Financial Position. SBA IPAs perform audits in which compliance publication, ‘‘Audits of Investment recognizes that this accounting treatment issues are viewed in the context of the Companies’’, as well as this accounting may constitute a departure from GAAP if the possible effects of noncompliance on the guide. In the event of any conflict between Participant Licensee is the majority owner of financial statements. this appendix and other sources, this the Section 301(d) Licensee. The iii. As part of the audit planning process, appendix shall govern for purposes of independent public accountant may wish to all IPAs shall be responsible for reviewing financial reporting to SBA. express a qualified opinion if the departure and becoming familiar with the laws and ii. Licensees and their IPAs should be is considered material. regulations applicable to SBICs. Auditors aware that some of the specialized GAAP iv. Temporary Control. Under certain must have sufficient knowledge of such laws promulgated for investment companies is circumstances, as described in § 107.801, a and regulations to be able to design oriented towards companies which do not Licensee may temporarily own more than a appropriate audit procedures for an SBIC, share many of the characteristics of SBICs. 50 percent interest in a small business and to recognize instances of noncompliance Appendix A of ‘‘Audits of Investment concern. These investments shall be which may become evident in the course of Companies’’ discusses some of the distinctive classified in the appropriate category of performing such procedures. The laws and characteristics of venture capital companies Loans and Investments on the Statement of regulations governing the SBIC program in general, and of SBICs in particular, relative Financial Position (generally, this will be include the following: to other types of investment companies. ‘‘Operating Concerns Acquired’’), and shall 1. Small Business Investment Act of 1958, These characteristics may include active be reported at their fair value. This treatment as amended (Act). The Act (15 U.S.C. 681 et rather than passive investment, illiquid is consistent with FASB Statement No. 94, seq.) provides a statement of the public portfolios with no public market, relatively which provides an exception to the general purpose of the SBIC program and establishes long holding periods for investments, and the rule of consolidating majority-owned the legislative framework upon which the existence of significant debt in the case of subsidiaries when control is likely to be regulations are based. Licensees are SBICs. temporary. permitted to engage in activities iii. Appendix A includes the following contemplated by the Act, and in no other statement: ‘‘Though all venture capital D. Fair Value of Loans and Investments activities. Provisions of the Act governing investment companies should prepare their i. In accordance with generally accepted SBICs are found primarily in Title III. financial statements in conformity with accounting principles for investment 2. Code of Federal Regulations, title 13, generally accepted accounting principles and companies, SBICs shall report Loans and parts 107 and 121 (13 CFR 107 and 121). Part are subject to audit as are other investment Investments (presented on lines 1 through 10 107 contains the regulations governing the companies, the statement presentation of of the Statement of Financial Position, page SBIC program, and auditors should become some companies may need to be tailored to 2 of SBA Form 468) at fair value. To the familiar with this part in its entirety. Part 121 present the information in a manner most extent possible, fair value shall be contains small business size regulations meaningful to their particular group of represented by quoted market prices which apply to various SBA programs; investors.’’ SBA, as the regulator and major (appropriately discounted for such factors as particular attention should be given to the creditor of the SBIC industry, has tailored restrictions on marketability or large holdings definition of ‘‘Affiliation’’ (§ 121.401) and the Form 468 to provide financial information in relative to daily trading volume). In the SBIC size standard (§ 121.802). a format which will satisfy SBA’s analytical absence of quoted market prices, fair value iv. In addition to the Act and regulations and regulatory requirements. An IPA should shall be an estimate determined in good faith themselves, SBA has various materials exercise professional judgment in by the Board of Directors or General available which may assist auditors in determining whether reporting on Form 468 Partner(s), based on the application of developing an overall understanding of the requires a material departure from GAAP for valuation policies which are consistent with SBIC program. These include basic a particular SBIC. If such a departure exists, SBA guidelines. informational brochures about the program; the Independent Auditors’ Report should be ii. In response to new statutory the preambles to final rules published in the modified accordingly. requirements concerning valuations, SBA Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7397 published regulations which included new loans and investments. Premiums or dividend). Dividend income shall not be § 107.101(g) as well as a new Appendix II to discounts associated with debt instruments accrued in the absence of a dividend Part 107, ‘‘Valuation Guidelines for SBICs’’. represent adjustments to interest income declaration by the small concern’s board of These new valuation regulations supersede which shall be amortized over the stated life directors. This treatment shall apply to all the guidelines previously published in SBA of the debt instrument. dividends, including dividends on Policy and Procedural Release #2006. ii. Collection in Doubt. Interest income redeemable preferred stock or similar Licensees may adopt the model valuation shall not be recognized if collection is securities with some debt-like characteristics. policy included in Appendix II or submit an doubtful. Licensees may choose to handle ii. Any cash distribution which is alternate policy to SBA for approval. In doubtful interest receivable in either of two identified as a return of capital shall not be addition to valuation policy, § 107.101(g) and ways: (1) Make no entry to accrue interest in recognized as income. Such distributions are Appendix II also set forth requirements the regular general ledger accounts and track a reduction in the cost basis of an concerning frequency of valuation, interest due in a memorandum account; or investment. documentation, and responsibility for (2) accrue the interest and provide a 100% iii. Stock splits and stock dividends (in valuations. reserve (debit provision for loss on stock of the same class as that owned) are not iii. The following statement is included in receivables, credit allowance for income because the Licensee’s proportional § 107.101(g): ‘‘The boards of directors of uncollectible interest receivable). The interest in the small business concern does corporations and the general partners of method used by the Licensee must be not change as a result of such events. The partnerships shall have sole responsibility for disclosed in the footnote to the financial cost of the shares previously held should be adopting the Licensee’s valuation policy and, statements summarizing significant allocated, on a rational basis, to the number pursuant thereto, for valuing Loans and accounting policies. of shares held after the split or dividend. Investments of such Licensee.’’ This iii. Collection of interest is presumed to be Similarly, when stock rights are received, a statement establishes responsibility for all in doubt when either or both of the following portion of the cost basis of the related valuations assigned to portfolio securities by conditions occur: (1) The small concern is in investment may be allocated to the rights. the Licensee. SBA, in its capacity as a bankruptcy, insolvent, or there is substantial iv. Dividends in kind are recorded as regulator, retains the same oversight doubt about its ability to continue as a going income at the fair value of the property responsibilities over valuations as it does concern; or (2) the small concern is in default received. Such income should be classified over all other issues affecting regulatory more than 120 days to the Licensee. as Non-Cash Gains/Income in the Statement compliance. Licensees may rebut this presumption by of Financial Position of SBA Form 468. If the iv. Accounting considerations. Licensees providing evidence of collectibility Licensee has a choice between a dividend in shall maintain separate general ledger satisfactory to SBA. Such evidence may cash or in kind, and chooses to receive an in- accounts for the original cost of Loans and include the existence of collateral, the value kind dividend, the fair value is deemed to be Investments and any valuation adjustments of which has been verified through an the amount of cash that could have been thereto. Valuation adjustments shall be in the appraisal by an independent professional received. form of unrealized appreciation or appraiser acceptable to SBA. Such an G. Profit Participation in Small Concerns depreciation, respectively representing appraisal shall be at liquidation value (net of Participation in the profits of a loan- or valuations above or below cost. The sum of liquidation costs) and shall have been debt-financed small business concern cost and unrealized appreciation or performed within the 12 months immediately represents additional interest income to the depreciation represents fair value. preceding the valuation date. In considering Licensee. For regulatory purposes, any profits v. Unrealized appreciation may be whether collateral provides an appropriate received must be included in the calculation recognized on equity investments and debt basis for valuations, SBA will consider the of the Cost of Money. investments which contain equity features, nature of a Licensee’s claim on the collateral such as options or warrants. Recognition of (for example, whether other parties have H. Fees Charged to Small Concerns unrealized appreciation on loans is not security interests senior to the Licensee’s, or i. Income from nonrefundable fees charged permitted under SBA’s valuation guidelines. whether the Licensee’s security interest in an by SBICs in connection with the origination vi. A general allowance for losses on Loans asset is perfected). SBA will also review the of loans shall be deferred and amortized over and Investments is not utilized in fair value Licensee’s operating history for evidence the term of the financing, regardless of accounting. Rather, the Licensee’s Board of concerning its willingness and ability to whether or not such fees are included in the Directors or General Partner(s) shall value pursue available remedies (including Cost of Money. Licensees should be aware of Loans and Investments individually as of the foreclosure) in default situations. the provisions set forth in § 107.402 (d) financial statement date. This requirement iv. The two conditions cited in the through (g) concerning permissible fees, applies equally to Licensees engaged in preceding paragraph are not the only possible prepayment penalties, obligations of SBICs to equity investing and in lending. A Licensee indicators of a collection problem. Even if provide certain fee-related information in which is primarily engaged in lending, neither condition is present, other writing to small concerns, and circumstances however, may also identify additional circumstances may cause the Board of in which SBICs may be required to refund anticipated losses on the basis of its portfolio Directors or General Partner(s) to conclude fees paid by small concerns. history, industry experience, or other that collection is in doubt. ii. If a Licensee has made a commitment for relevant factors; such amounts may be v. When interest income is not being a financing which does not take place, any reported in the Statement of Financial recorded on a loan or debt security, the processing fees which the Licensee is Position of SBA Form 468 as additional Licensee shall so note in its Annual Financial permitted to retain pursuant to § 107.402(d) unrealized depreciation not associated with Report on Form 468. The note should include shall be recognized as income upon specific portfolio assets. the date at which interest accrual was expiration of the commitment. vii. An appropriate tax provision shall be discontinued. In addition, the total amount of established for net unrealized appreciation interest not accrued because collection is in I. Accounting for Investments in Flow- on securities held by taxable corporate doubt shall be disclosed in a footnote to the Through Entities Licensees. There may also be circumstances financial statements. i. On SBA Form 468, in the Statement of in which a tax benefit for net unrealized vi. When the accrual of interest is Operations Realized, Licensees are asked to depreciation should be recognized, discontinued, the full amount of any interest report income (loss) from investments in depending on the likelihood of realization. receivable recorded in prior periods must be partnerships or other types of flow-through Such a provision or benefit shall be either reversed or fully reserved. entities. This category of investments is determined in accordance with FASB intended to include any entity which F. Dividend Income Statement No. 109, ‘‘Accounting for Income allocates its income and losses to its equity Taxes’’. i. Dividend income from investments in holders and is not taxed at the entity level. common or preferred stock is normally Any such investments made by SBICs would E. Interest Income recognized as of the date of record (the date most commonly be in limited partnerships. i. Interest income shall be accrued at which official ownership of shares is ii. For investments of this type, original according to the terms of interest bearing determined for the purpose of paying the cost is adjusted at the end of each accounting 7398 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations period to recognize the investor’s share of (3) A deferred tax asset is recognized for and/or resell to the Licensee shall not be earnings or losses of the investee. The the estimated future tax effects of ‘‘deductible considered as a final transaction. amount of the adjustment is included in the temporary differences’’ (events which will Transactions which do not meet the criteria net income of the investor. Distributions result in future tax savings), operating loss in this paragraph L for current recognition of received from an investee reduce the carrying carryforwards, and tax credit carryforwards. gains shall be accounted for using an amount of the investment. (4) A valuation allowance is recognized to appropriate alternate method, such as the iii. It should be noted that the steps in the reduce the deferred tax asset to the extent installment method or the cost recovery preceding paragraph determine only the cost that the tax benefits are not expected to be method. Under the installment method, a basis of investments. Any investment realized. portion of the gain is recognized with each included in an SBIC’s portfolio of Loans and (5) Both current and deferred tax liabilities installment payment received; under the cost Investments still must be valued by the Board and assets are based on provisions of the recovery method, no gain is recognized until of Directors or General Partner(s) and enacted tax law; the effects of future changes the full amount of the seller’s cost has been presented at fair value in the Licensee’s in tax laws or rates are not anticipated. collected. financial statements. iii. The ability to recognize deferred tax iii. Capital losses may arise not only from iv. Any income from investment in flow- assets under certain circumstances represents sales, but also from write-offs or charge-offs through entities must be included initially in a significant change from earlier of securities held (the two terms are generally Non-cash Gains/Income, as discussed in pronouncements. Licensees which recognize used synonymously in this appendix; in paragraph X of this section V. When a deferred tax assets should take careful note contrast, the term ‘‘write-down’’ refers to the Licensee actually receives a distribution from of the requirements of Statement No. 109 in recording of unrealized depreciation). Write- the investee, the amount received should be determining whether it is ‘‘more likely than offs may be either full or partial. Writing off reclassified from Non-cash Gains/Income to not’’ that such assets will be realized. an investment, in comparison with recording Undistributed Net Realized Earnings. Generally, application of the ‘‘more likely unrealized depreciation, represents a stronger than not’’ standard means that when judgment concerning loss of value. However, J. Equity Method of Accounting ‘‘negative evidence’’ exists which suggests it is not necessary to have a definitive event i. The only type of investment which shall that benefits will not be realized, there must (such as bankruptcy of the small business be accounted for under the equity method is be sufficient ‘‘positive evidence’’ to outweigh concern) in order to write off an investment. an investment in the common stock of a it; otherwise, a valuation allowance is Generally accepted accounting principles call Section 301(d) Licensee, as permitted under required. for the recognition of loss when it becomes § 107.712. Since a Licensee investing in a iv. Because SBICs must report their Loans evident that previously recognized future Section 301(d) Licensee is required to have and Investments at value, many Licensees economic benefits of an asset have been an ownership interest of at least 20 percent, will find it necessary to apply the criteria of reduced or eliminated. use of the equity method will normally be Statement No. 109 in determining whether to iv. A Licensee may also realize capital appropriate. Under the equity method, recognize deferred tax liabilities or assets gains or losses in connection with the original cost is adjusted at the end of each reflecting the estimated future tax effects of exchange or non-reciprocal transfer of accounting period to recognize the investor’s unrealized gains or losses. Both unrealized securities. The treatment of such transactions share of earnings or losses of the investee. gains and unrealized losses are temporary is governed by APB Opinion No. 29, The amount of the adjustment is included in differences as defined in the statement. ‘‘Accounting for Nonmonetary Transactions’’, the net income of the investor. Dividends or Previously, SBA required Licensees with net and is discussed in paragraph M of this distributions received from an investee unrealized appreciation to record a provision section V. reduce the carrying amount of the for estimated future taxes, but did not permit v. If a Licensee acquires shares of an investment. Licensees with net unrealized depreciation to investee’s stock (of the same class) at ii. Licensee should not use the equity record a corresponding benefit. In accordance different times and prices, SBA requires that method to account for investments in the with current GAAP, such a benefit may now the average cost method be used to determine common stock of small business concerns, be recorded. the cost of such securities when sold. even if a Licensee’s ownership interest v. The reporting of unrealized gains and vi. When a gain or loss is realized, whether exceeds 20 percent. SBICs, whether or not losses and the related tax effects must be as a result of the sale, other disposal or write- registered under the Investment Company consistent. Since SBIC program accounting off of an asset, any previously recorded Act of 1940, are exempt from the usual guidelines require that changes in unrealized unrealized appreciation or depreciation requirements concerning use of the equity appreciation or depreciation be excluded associated with the asset shall be reversed. method because they account for investments from net income (that is, they do not appear vii. Non-cash Gains. When a Licensee at fair value (see APB Opinion No. 18, ‘‘The in the statement of operations realized), it realizes capital gains, but does not receive Equity Method of Accounting for Investments follows that the related tax effects must be cash at the time of the transaction, SBA in Common Stock’’, paragraph 2). similarly excluded. Both elements, however, requires Licensees to segregate such ‘‘Non- are included in ‘‘comprehensive income’’ cash Gains’’ from other components of K. Accounting for Income Taxes (that is, they affect the equity of Licensees). Undistributed Realized Earnings, until such i. In February 1992, the FASB issued This is reflected in the presentation of net time as any non-cash assets received are Statement No. 109, ‘‘Accounting for Income unrealized appreciation or depreciation, net converted to cash. Non-cash Gains are Taxes’’. The Statement is effective for fiscal of estimated future tax effects, as Unrealized realized earnings which have been years beginning after December 15, 1992. Gain (Loss) on Securities Held in the Capital recognized in the Licensee’s Statement of Statement No. 109 supersedes FASB section of the Statement of Financial Operations. They are segregated in the Statement No. 96, as well as APB Opinion Position. Statement of Financial Position only because No. 11, which many companies continued to they are subject to certain restrictions under follow during the period when adoption of L. Realized Gain (Loss) on Investments SBA regulations, primarily concerning Statement No. 96 was optional. i. Realized gain or loss on investment shall distributions. In effect, Non-cash Gains can ii. Statement No. 109 establishes the be recorded by Licensees in accordance with be considered a type of restricted retained following basic principles to be applied in generally accepted accounting principles. earnings. For further information on Non- accounting for income taxes at the date of ii. Capital gains realized on the sale of cash Gains, see ‘‘Undistributed Realized financial statements: securities shall be recognized provided that Earnings’’ in paragraph X of this section V. (1) A current tax liability or asset is collection of proceeds is reasonably assured recognized for the estimated taxes payable or and the earnings process is complete. For the M. Nonmonetary Transactions refundable on tax returns for the current earnings process to be considered complete, i. Licensees should follow APB Opinion period. the Licensee must have no further obligation No. 29 to the extent applicable when (2) A deferred tax liability is recognized for related to the transaction. Any transaction accounting for nonmonetary transactions. the estimated future tax effects of ‘‘taxable with recourse upon the Licensee or involving Such transactions include both reciprocal temporary differences’’ (events which will any understanding, agreement, option, and non-reciprocal transfers of nonmonetary result in future taxes payable). privilege, or other rights to repurchase by assets or liabilities between the Licensee and Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7399 another entity or person, or between the accounts receivable shall be governed by the Schedule of Guarantees (include in SBA Licensee and its stockholders or partners. same rules which apply to interest Form 468) by Licensees which have The cost of an asset acquired in a receivable, as previously described in this guaranteed the obligations of small concerns nonmonetary transaction is the fair value of paragraph N. and the filing of a litigation report by the asset relinquished to obtain it, and a gain vii. Notes Receivable represents the unpaid Licensees which become a party to litigation or loss should be recognized on the balance of miscellaneous notes which do not (see § 107.1002(f)). exchange. Any gain recognized shall be fit into any category of Loans and iii. A Licensee which has sold portfolio reported on SBA Form 468 as a Non-cash Investments. It does not include notes securities (or any interest therein) on a Gain. representing amounts due from purchasers of recourse basis should be aware that any ii. Nonmonetary transactions in which the assets acquired in liquidation of portfolio amounts for which it may be contingently Licensee exchanges certain securities or securities, which are presented separately in liable must be treated as investments in small assets for other securities or assets will result the Loans and Investments section of the concerns for overline purposes (see in the realization of gain or loss for financial Statement of Financial Position on Form 468. §§ 107.707(b) and 107.303). reporting purposes, regardless of whether viii. Accounts Receivable represents such transactions are taxable or non-taxable amounts due on account, such as for R. Transactions with Related Parties exchanges. management consulting, appraisal, or other i. Licensees shall disclose material iii. Fair value of a nonmonetary asset services rendered. Accounts Receivable also transactions with related parties in transferred to or from a Licensee should be includes accrued fees for services rendered in accordance with FASB Statement No. 57. In determined by referring to estimated connection with participations or joint applying the requirements of this realizable values in cash transactions of the financings and accrued fees receivable from pronouncement to SBIC financial statements, same or similar quoted market prices, small concerns. a Licensee shall consider the term ‘‘related independent appraisals, estimated fair values O. Compensating Balances party’’ to encompass any person or entity of assets, or other available evidence. which is an Associate as defined in § 107.3. iv. In cases where the values are not clearly i. In those instances where idle funds are Footnote disclosures of related party determinable, assets received will have the encumbered or are required to be maintained transactions shall include the name of the same accounting basis as the assets at a financial institution as compensating related party as well as the nature of the transferred. balances in connection with debt of the SBIC, relationship. v. Dividends In Kind and Spin-offs. the nature of the encumbrance and the terms ii. Licensees and their IPAs should be Dividends or other distributions in kind, of any applicable agreements shall be aware that certain transactions involving consisting of shares of a small business disclosed in a footnote to the financial Associates are either prohibited by SBA concern or other securities, are nonreciprocal statements. regulations or permitted only with SBA’s transfers of non-monetary assets from a ii. Depending upon the specific terms, it prior written approval. See § 107.903 Licensee to its owners. Such transfers shall may be necessary to classify idle funds (‘‘Conflicts of Interest’’). be reported at the fair value of the assets subject to a compensating balance agreement as non-current assets. distributed. S. Leverage—Debentures Guaranteed or Purchased by SBA P. Organization Costs N. Interest, Notes and Accounts Receivable i. SBICs which qualify on the basis of i. Organization costs are incurred in the i. Interest Receivable. In reporting interest financial soundness and regulatory formation of an SBIC and may include such receivable, Licensees should make certain compliance are eligible to receive long-term items as legal fees, incorporation and various that amounts are properly classified between leverage in the form of five-year or ten-year other fees imposed by states, and current and noncurrent assets. Current assets debentures guaranteed (or, in some cases, promotional expenditures. SBICs should are those providing benefits which are purchased directly) by SBA. Debentures with amortize organization costs over a term of not expected to be realized within the next fiscal an interest rate subsidy of three percentage more than five years. year. points for the first five years of their term are ii. If an SBIC incurs organization costs ii. Interest receivable is reported net of an which are deemed by SBA to be available to Section 301(d) Licensees only. allowance for uncollectible amounts, which unreasonable or excessive, such costs must ii. Debentures, net of current maturities, represents a conservative estimate of be excluded from Regulatory Capital as long shall be classified in the financial statements probable losses. The allowance shall be as they are carried as an asset by the SBIC. as long-term debt, and shall be shown at face adjusted, at a minimum, as of the end of the Once such costs have been amortized to value in the Statement of Financial Position fiscal year. Interim adjustment to reflect expense, the regulatory deduction is no of Form 468. changes in the status of receivables is longer required. No deduction is ever iii. Licensees issuing debentures pay a user strongly encouraged. See paragraph E required for organization costs accepted by fee (currently 2 percent of the amount (‘‘Interest Income’’) of this section V for SBA as reasonable. borrowed) and an underwriter’s fee guidelines to be used by SBICs in evaluating iii. Operating losses incurred by a company (currently .625 percent). These fees shall be the collectibility of interest income. prior to licensing as an SBIC are not capitalized and amortized over the life of the iii. Expense is recognized whenever the considered organization costs and shall not debenture. Generally accepted accounting allowance for uncollectible amounts is be capitalized. principles normally require that debt be adjusted to reflect a change in the valuation reported net of the unamortized portion of of interest receivable. An actual write-off of Q. Contingent Liabilities related fees; Licensees, however, should interest receivable is normally recorded as a i. Licensees shall accrue or disclose report the unamortized fees as an asset and reduction of the receivable and a contingent liabilities, as appropriate, in the debentures at their gross amount. SBA corresponding reduction of the allowance, accordance with the requirements of FASB does not believe that this treatment will and does not result in the recognition of Statement No. 5. Such requirements vary constitute a material departure from GAAP expense. depending upon whether the likelihood of for most Licensees. iv. The total expense recognized during a realizing a loss is evaluated as ‘‘probable’’, iv. Debentures are subject to the terms and fiscal year with respect to uncollectible ‘‘reasonably possible’’, or ‘‘remote’’. conditions set forth in SBA regulations. In interest receivable appears on Form 468 in Contingent liabilities may arise from such most respects, debentures incorporate by the Statement of Operations Realized, under transactions or events as the issuance of reference the regulations as amended from the caption, ‘‘Provision for Losses on guarantees, pending litigation, and the sale of time to time. With respect to events of Accounts Receivable.’’ portfolio interests with recourse. default, however, debentures incorporate v. Requirements concerning the recording ii. In addition to the reporting those events and associated remedies in of interest receivable and the related interest requirements of FASB Statement No. 5, existence at the date of issue. Thus, income appear in this appendix under the Licensees and their IPAs should be familiar debentures issued at different times may be heading, ‘‘Interest Income.’’ with SBA’s requirements for reporting of subject to different default provisions. Events vi. Notes and Accounts Receivable. The certain contingencies. These additional of default include both financial and accounting treatment of notes receivable and requirements include the completion of the regulatory conditions, which may result in 7400 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations the entire indebtedness of the Licensee being Statement of Financial Position on SBA Form Licensees, this amount must be equal to the declared due and payable. 468. The amount of Participating Securities par value). At the end of each accounting v. If SBA decides to demand payment in issued represents the capital contribution of period, the carrying amount shall be accordance with the acceleration provisions SBA, the Preferred Limited Partner. SBA’s increased by the amount of any 4% returns of the debentures, such demand ordinarily capital account will increase by the amount not currently paid or declared. A breakdown will be presented in a letter specifying the of any Prioritized Payments or Profit of the total carrying amount, showing violations that have occurred. Participation which the License becomes separately the purchase price of 4% preferred obligated to pay on the basis of profits securities and the accrued 4% returns in T. Leverage—Participating Securities earned, and will decrease as distributions are arrears, is reported on the Statement of Guaranteed by SBA actually received. Distributions to SBA will Financial Position. i. Participating Securities are redeemable be applied as Prioritized Payments, Profit iv. Cumulative 4% returns in arrears must preferred equity-type securities. Issuers are Participation, or redemptions of outstanding be recorded as a charge against Undistributed required to make equity investments in an leverage in accordance with §§ 107.243 Net Realized Earnings. For some Section amount at least equal to the amount of through 107.245. 301(d) Licensees, these amounts may exceed Participating Securities issued (see the v. In a footnote to the financial statements, Undistributed Net Realized Earnings. defined term ‘‘Equity Capital Investments’’ in the Licensee shall provide a description of Ordinarily, a company in these § 107.3 for the specific categories of the terms of the Participating Securities circumstances would reduce paid-in capital investments permitted). The structure, terms issued, including disclosure of the or partners’ contributed capital by the and conditions of the Participating Security mandatory redemption date. If there are any amount of the excess. Because such treatment are set forth in detail in §§ 107.240 through ‘‘accumulated’’ Prioritized Payments would reduce Regulatory Capital, however, it 107.247. (representing a contingency for amounts paid could result in certain unintended regulatory ii. The Act authorizes SBA to guarantee to certificate holders by SBA on the compliance problems for Licensees (such as Participating Securities issued in the form of Licensee’s behalf, which the Licensee must overline violations). Therefore, on SBA Form limited partnership interests, preferred stock, repay as profits are realized), a footnote shall 468, Licensees shall report all 4% returns in or debentures with interest payable only to provide the dollar amount of the arrears as a reduction of Undistributed Net Realized Earnings, even though this the extent of earnings. Currently, the only accumulation for the current fiscal year treatment may result in a deficit, and shall form of Participating Security for which period and the aggregate amount not reduce paid-in capital or partners’ documentation has been created is a limited accumulated. contributed capital. partnership interest to be held by SBA. Other vi. For companies licensed after March 31, forms will be made available in the future as v. Because Section 301(d) Licensees must 1993, the obligation to pay Prioritized charge the 4% return to Undistributed Net required to meet the needs of Licensees. Payments and Profit Participation is Realized Earnings whether it is paid or not, iii. The Participating Security has the conditioned upon the profitability of the any unpaid amounts must be added back in following significant features: Licensee as a whole. Those licensed earlier, order to determine a Licensee’s Retained (1) Licensees issue Participating Securities however, may be permitted to exclude profits Earnings Available for Distribution. Unpaid to SBA, which in turn assigns certain of its attributable to portfolio assets in existence as 4% returns must be paid in full from interests in such securities to a pool. of March 31, 1993. Retained Earnings Available for Distribution Investors (known as ‘‘certificate holders’’) vii. Because of the complexity of the before any other distributions can be made. then purchase interests in the pool through required profit and distribution vi. In a footnote to the financial statements, a public offering. Each Licensee issuing computations, all Licensees issuing the Licensee must provide a description of Participating Securities pays a cumulative Participating Securities shall use SBA- the terms of the preferred securities issue, preferred return (‘‘Prioritized Payments’’) provided software to perform such including disclosure of the mandatory which is passed through to the certificate computations. redemption date. If there are 4% returns in holders, but such payments are contingent arrears, a footnote shall provide the dollar upon the profitability of the issuer. Any U. Preferred Securities Leverage for Section 301(d) Licensees amount of the arrearage for the current fiscal Prioritized Payments which exceed the period, the aggregate amount in arrears, and cumulative earnings of a Licensee will be i. Four Percent Preferred Securities. the number of periods in arrears. paid to the certificate holders by SBA as Section 301(d) Licensees which qualify on vii. Three Percent Preferred Stock. Before guarantor. The Licensee, however, will be the basis of financial soundness and November 21, 1989, corporate Section 301(d) ineligible to make any other profit regulatory compliance are eligible to receive Licensees were eligible to receive long-term distributions until it has paid all of its long-term leverage by selling 4% redeemable leverage by issuing 3% cumulative preferred Prioritized Payments (including preferred securities (either preferred stock or stock to SBA at par value. Three percent reimbursement of amounts previously a preferred limited partnership interest) preferred stock has no mandatory redemption advanced on its behalf by SBA). directly to SBA. Such securities must be date and is classified as equity for financial (2) In consideration for SBA’s guarantee, redeemed not later than 15 years from the reporting purposes. However, it shall not be profitable Licensees must pay a percentage of date of issuance, at which time any unpaid treated as Regulatory or Leverageable Capital earnings to SBA as ‘‘Profit Participation’’. portion of the preferred and cumulative 4% for any purpose. SBA’s profit percentage (the ‘‘Profit return due to SBA must also be paid. No viii. No dividends may be paid to any Participation Rate’’) depends upon the distributions may be made to any investor investor other than SBA unless the Licensee Licensee’s ratio of Participating Securities other than SBA unless the Licensee is current is current on all 3% preferred dividends due issued to Leverageable Capital, as well as the on all amounts due SBA. SBA. interest rate on 10-year Treasury securities at ii. Like Participating Securities, 4% ix. Three Percent Preferred Stock the time each Participating Security was preferred securities will be reported in the Repurchase Program. SBA published in the issued. ‘‘Redeemable Securities’’ section of the Federal Register a notice announcing the (3) Except for Prioritized Payments, SBA Statement of Financial Position on SBA Form implementation of a program under which (the ‘‘Preferred Limited Partner’’) and the 468. Unlike Participating Securities, Section 301(d) Licensees may apply to Licensee’s private limited partners receive however, which specifically provide for the repurchase their outstanding 3% preferred distributions at the same time, allocated in extinguishment of any obligation to pay stock from SBA at a set price of 35 percent accordance with legislative formulas. Prioritized Payments in excess of the issuer’s of par value. Specific guidelines governing (4) The securities have a 10-year term, at profits, the legislation which authorized 4% repurchase transactions are set forth in SBA the end of which redemption is mandatory. preferred securities does not set forth any Policy and Procedural Release #2021, issued It is expected, however, that most circumstances in which the 4% return would June 14, 1994. Licensees will have three Participating Securities will be redeemed, at be extinguished. years from the date of the Policy and least in part, before the mandatory iii. The initial carrying amount of 4% Procedural Release during which to apply for redemption date. preferred securities shall be the purchase and complete the Repurchase Program. iv. Participating Securities will be reported price paid by SBA at the date of issue (for x. Participants in the Repurchase Program in a ‘‘Redeemable Securities’’ section of the 4% preferred stock issued by corporate will receive detailed accounting guidance Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations 7401 from SBA at the time their repurchases are W. Unrealized Gain (Loss) on Securities Held partnership in which it has invested, sells completed. In general, when a company i. Unrealized Gain (Loss) on Securities shares of stock received as a dividend or repurchases its own stock at a discount (that Held results from the valuation of Loans and otherwise converts non-cash assets to cash, is, for less than the original issue price), it Investments by the Board of Directors or amounts initially reported as Non-cash records an increase in paid-in surplus equal General Partner(s). Unrealized appreciation is Gains/Income shall be transferred to to the discount. Section 301(d) Licensees will recognized for valuations above cost and Undistributed Net Realized Earnings. follow this general rule, but the increase in unrealized depreciation is recognized for v. Undistributed Net Realized Earnings is surplus attributable to the repurchase must valuations below cost. Unrealized gain or a residual, computed by subtracting the be separately identified (as ‘‘Restricted loss is the aggregate amount obtained by balance in Non-cash Gains/Income from Contributed Capital Surplus’’) on SBA Form summing the unrealized appreciation or Undistributed Realized Earnings. If an SBIC 468 because it is subject to certain depreciation of all Loans and Investments, holds treasury stock, Undistributed Net restrictions for regulatory purposes. net of any estimated future income tax Realized Earnings are restricted (i.e., not V. Contributed Capital and Committed effects. available for distribution) to the extent of the Capital ii. Unlike some other types of investment cost of such treasury stock. i. In general, ‘‘contributed capital’’ refers to companies, such as mutual funds, SBICs do Y. Retained Earnings Available for funds contributed to a Licensee by private not report changes in net unrealized Distribution investors (although such funds may also appreciation or depreciation in the Statement of Operations. Instead, such changes are i. Retained Earnings Available for include ‘‘qualified nonprivate funds’’ from Distribution represents, in most cases, the State and local government sources, in recorded directly in the capital account, Unrealized Gain (Loss) on Securities Held. maximum amount that an SBIC may accordance with the definition of Private distribute to investors. For SBICs which have Capital in § 107.3). Although some Licensees SBA requires this treatment for two reasons: (1) because most securities held by SBICs received financial assistance from SBA in a may obtain financial assistance through the form other than debentures, the term issuance of equity-type securities purchased have no readily ascertainable market values and valuation of such securities is highly ‘‘investors’’ encompasses SBA as well as or guaranteed by SBA, such securities are private investors. reported on Form 468 as SBA leverage rather subjective, SBA prefers that reported net income not be influenced by changes in ii. In some instances, SBA is entitled to than as contributed capital. The contributed receive payments from Retained Earnings capital of a corporate Licensee consists of the valuation; and (2) segregation of unrealized Available for Distribution on a priority basis, par value of its capital stock (which may gains and losses on the Statement of and must receive these payments before any consist of one or more classes or stock) and Financial Position makes it easier to perform amounts may be distributed to investors or its aggregate paid-in surplus, excluding certain computations required by SBA transferred to private capital. Dividends (or Restricted Contributed Capital Surplus regulations. equivalent distributions) on 4% preferred obtained through the repurchase of 3 percent X. Undistributed Realized Earnings securities issued by Section 301(d) Licensees preferred stock from SBA. For a partnership are examples of such payments. In other Licensee, contributed capital consists of i. Undistributed Realized Earnings is the cases, SBA may be entitled to receive proceeds from the sale of partnership defined term used in SBA regulations to interests to the general partners and the represent the earned capital of a Licensee. In payments from Retained Earnings Available limited partners (other than SBA). For all general, Undistributed Realized Earnings are for Distribution in proportion to any Licensees, contributed capital shall be the cumulative balance of periodic net distributions received by private investors. recorded net of expenses incurred to obtain investment income (loss) and realized gain Profit participations on Participating the capital. (loss) on investments, less dividends or Securities are an example of this type of ii. Capital contributed to a Licensee in the distributions (at times, an SBIC may need to payment. form of non-cash assets requires the prior make an adjustment which is not reflected in iii. For most Licensees, Retained Earnings approval of SBA, unless such assets are this general formula). To accommodate Available for Distribution is computed by physical assets to be currently employed by regulatory requirements, two components of subtracting unrealized depreciation on Loans the Licensee in its operations (see § 107.705). Undistributed Realized Earnings are and Investments from Undistributed Net Equity securities issued in exchange for presented separately in the financial Realized Earnings (excluding any restricted approved non-cash assets will be excluded statements: amounts). Unrealized depreciation and from a Licensee’s Regulatory Capital until the ii. Non-cash Gains/Income consists of (1) unrealized appreciation are not netted in this assets received are converted to cash. gains on the disposition of securities realized computation. iii. Commitments from Investors. In in the form of notes, securities or any other iv. For Section 301(d) Licensees which addition to its contributed capital, a Licensee non-cash assets; (2) income from investments have issued 4% preferred securities, there is may have outstanding commitments from in pass-through entities (such as limited one additional element in the computation. individuals or entities to invest additional partnerships) which has not been distributed Because 4% distributions in arrears are funds in the Licensee at a future date. to the Licensee; (3) dividends received in accrued and charged against Undistributed Binding commitments from Institutional kind; (4) interest income accrued on deferred Net Realized Earnings, they must be added Investors (as defined in § 107.3) may be interest notes, zero coupon bonds or similar back to determine Retained Earnings included in the Licensee’s Regulatory instruments; and (5) delinquent accrued Available for Distribution. Capital; the principal effects of such interest converted into a new note or added v. Although partnerships do not ordinarily inclusion are to increase the Licensee’s to the principal of an existing note (the report retained earnings as such, partnership overline limitation (See § 107.303) and to amount of such interest which is included in SBICs must compute Retained Earnings increase the capital base used in the Undistributed Net Realized Earnings must be Available for Distribution in the same computation of Capital Impairment (see reclassified to Non-cash Gains/Income). manner as corporate SBICs. Further § 107.210(h)). iii. Non-cash Gains/Income represents discussion of the equity classifications used iv. Unfunded commitments from investors realized earnings of an SBIC which have been by partnership SBICs in financial reporting to shall not be reported as part of the recognized in the Statement of Operations. SBA appears in paragraph Z (‘‘Partnership contributed capital of the Licensee on SBA Such earnings are segregated in the Capital Accounts’’) of this section V. Form 468. The amount of such commitments Statement of Financial Position only because vi. If a Licensee has negative Retained shall be disclosed in a footnote to the they are subject to certain restrictions under Earnings Available for Distribution as of the financial statements, which shall separately SBA regulations, primarily concerning end of a fiscal period, and has made or identify commitments included in Regulatory distributions. In effect, Non-cash Gains/ declared a distribution during such period, Capital and any other commitments Income can be considered a type of restricted the distribution may have violated SBA outstanding. Any significant terms and retained earnings. regulations. It is the Licensee’s responsibility conditions associated with investor iv. Classification of capital gains or other to show, to the satisfaction of SBA, that it commitments, including the timing of income as non-cash items is intended to be had sufficient Retained Earnings Available anticipated drawdowns if known, shall also temporary. As a Licensee receives payments for Distribution at the time the distribution be disclosed. on a note, receives distributions from a was made. In particular, a Licensee should 7402 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Rules and Regulations consider the adequacy of its unrealized Available for Distribution requires the prior Estimated future tax effects associated with depreciation before making a distribution. written approval of SBA. unrealized appreciation or depreciation are vii. Capitalization of Retained Earnings not taken into account because partnerships Z. Partnership Capital Accounts Available for Distribution. Ordinarily, are not taxed at the entity level. For further contributed capital and earned capital are i. To provide the information necessary to information, see paragraph W of this section maintained and reported separately. In the determine compliance with various SBA V. SBIC program, however, a Licensee which regulations, Licensees which organize as has attained positive Retained Earnings limited partnerships must divide partners’ VI. Availability of Publications and Forms Available for Distribution has the option of capital into specified categories. The i. This section contains information about ‘‘capitalizing’’ such earnings by permanently categories are (1) Partners’ Contributed where to obtain various publications and reclassifying them as contributed capital. As Capital, (2) Unrealized Gain (Loss) on forms cited in this appendix I. Securities Held, (3) Non-Cash Gains/Income, a result of the reclassification, Undistributed ii. The following forms may be obtained and (4) Undistributed Net Realized Earnings Net Realized Earnings are reduced, while from the Investment Division of SBA, 409 (Partners’ Earned Capital). The sum of these paid-in capital is increased; the net effect is Third Street, SW., suite 6300, Washington, the same as if the Licensee had made a four accounts is the equivalent of the total partners’ capital of a non-SBIC partnership. DC 20416: Form 468 (Annual Financial distribution to its owners, who then The Licensee must also record the general Report), Form 1031 (Portfolio Financing reinvested the same amount in the Licensee. and limited partners’ shares of each capital Report), and CO Form 112 (IPA Certification). From a regulatory perspective, this action account, which results in eight separate Forms 468 and 1031 are provided to all results in an increase in the Licensee’s control accounts for partners’ capital. Licensees in the form of electronic reporting Leverageable Capital, thus increasing its ii. Partners’ Permanent Capital software. SBA Policy and Procedural eligibility for SBA leverage. Capitalization of Contribution. This balance represents Releases #2001 through 2021 may also be Retained Earnings Available for Distribution proceeds from the sale of partnership units obtained from the Investment Division. reflects the intent of a Licensee to pursue and any other partners’ contributions of cash iii. Pronouncements of the Financial long-term growth by reinvesting its earnings or other consideration to the partnership, less Accounting Standards Board (FASB) and its in small businesses. any returns of capital or other deductions. predecessor, the Accounting Principles Board viii. 1940 Act Companies. A Licensee iii. Undistributed Net Realized Earnings (APB) may be purchased from the Order which has registered under the Investment and Non-Cash Gains/Income. The sum of Department, FASB, 401 Merritt 7, P.O. Box Company Act of 1940 may elect to be taxed these two accounts represents the total 5116, Norwalk, CT 06856–5116. as a regulated investment company under the undistributed earned capital of the Licensee. iv. Publications of the American Institute Internal Revenue Code (§§ 851 through 855). Separate totals must be maintained because of Certified Public Accountants (AICPA) may In general, such a company can avoid SBA rules and regulations do not permit be purchased from the Order Department, taxation at the corporate level if it distributes Non-cash Gains/Income to be distributed AICPA, Harborside Financial Center, 201 at least 90 percent of its investment company until they have been converted to cash. Both Plaza III, Jersey City, NJ 07311–3881. taxable income for a given year. of these terms are explained in detail in ix. Licensees which are (or contemplate paragraph X of this section V. 3. Appendix II, Chart of accounts for becoming) 1940 Act companies should be iv. Unrealized Gain (Loss) on Securities SBICs, is removed and Appendix III, aware that the distribution requirements Held. This component of partnership capital Valuation Guidelines for SBICs, is imposed on such companies by the Internal results from the valuation of Loans and Revenue Code may, under certain Investments by the Board of Directors or redesignated as Appendix II. circumstances, conflict with SBA regulations General Partner(s). Unrealized appreciation is Dated: December 7, 1994. concerning distributions to shareholders. recognized for valuations above cost and Philip Lader, SBA regulations allow profit distributions to unrealized depreciation is recognized for Administrator. be made only from Retained Earnings valuations below cost. Unrealized gain or Available for Distribution. Any distribution loss is the sum of the unrealized appreciation [FR Doc. 95–2937 Filed 2–6–95; 8:45 am] which would exceed Retained Earnings or depreciation of all Loans and Investments. BILLING CODE 8025±01±M federal register February 7,1995 Tuesday Proposed Rule Emissions FromMotorVehicles; The FederalTestProcedurefor Proposed RegulationsforRevisionsto 40 CFRPart86 Protection Agency Environmental Part IX 7403 7404 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules ENVIRONMENTAL PROTECTION weekdays between 8:30 a.m. and 5:30 Internet address: TELNET AGENCY p.m. A reasonable fee may be charged ttnbbs.rtpnc.epa.gov Off-line: by EPA for copying docket materials. Mondays from 8:00–12:00 Noon ET 40 CFR Part 86 FOR FURTHER INFORMATION CONTACT: John 1. Technology Transfer Network Top [FRL±5150±1] German, Certification Division, U.S. Menu: BILLING CODE 6560±50±C Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7407 The FTP is the core procedure used to exhaust drawn from the tailpipe and The proposed additions and revisions measure compliance with emission diluted with background air while the to the tailpipe emission portions of the standards for light-duty vehicles (LDVs) vehicle is driven over the appropriate FTP would apply to all LDVs and LDTs, and light-duty trucks (LDTs). The cycle. The bagged sample is analyzed certifying on all current motor fuels. current version of the FTP (40 CFR for the concentrations of exhaust The proposed changes would apply to 86.130–96) consists of a series of constituents, which serve as inputs to testing conducted during certification, preparatory steps to ensure the vehicle subsequent emission compliance Selective Enforcement Audits, and in- has been properly preconditioned on calculations. Additional procedures use enforcement (recall). Adjustments the test fuel, periods when the engine is apply to the sampling of particulate are included to accommodate certain off between vehicle operation (called matter from diesel-cycle vehicles and vehicle types, transmission types, and ‘‘soaks’’), and emission tests which organic gases from alternative-fuel performance categories where the measure tailpipe and evaporative vehicles. additions are not representative of in- emissions. Tailpipe emissions are use driving. The Agency solicits III. Proposal Requirements and measured while the vehicle is operated comments and data on the appropriate Alternative Approaches according to a specified driving cycle on treatment of vehicles for which a dynamometer. Figure 1 presents the Today’s proposal deals primarily with adjustments are allowed and the Urban Dynamometer Driving Schedule, five areas of driving behavior that have methods for making the adjustments. not previously been represented in the commonly referred to as the LA4. With A. Central Proposal the exception of running losses, which test procedure: aggressive driving are measured during dynamometer behavior (such as high acceleration rates The central proposal relies on a new operation, evaporative emissions are and high speeds); rapid speed Supplemental Federal Test Procedure measured in a sealed enclosure while fluctuations (microtransient driving (SFTP) that addresses various the vehicle is turned off. An additional behavior); start driving behavior; conditions under which vehicles are cold temperature CO test procedure intermediate soak times (engine-off actually driven and used, which are not measures tailpipe emissions at 20° F times between 10 minutes and 2 hours in the FTP. The SFTP includes three following a cold soak. By comparing the prior to vehicle start); and actual air new driving cycles to represent (1) emission test results to emission conditioner (A/C) operation. The aggressive driving (as characterized by standards applicable to a given vehicle Agency is proposing new requirements high speeds and/or high accelerations); (2) driving immediately following class, combustion cycle, and motor fuel, for these areas, separate from the vehicle startup; and (3) microtransient EPA determines if the vehicle meets existing FTP requirements. Also driving (rapid speed fluctuations), applicable certification or in-use included in this proposal are which occur across the majority of the requirements.3 requirements to improve the simulation The current evaporative emission of actual road load forces 4 across all normal ranges of operating speeds and procedure, including refueling, and cold speed ranges and to revise the criteria accelerations. The proposed SFTP temperature CO test procedures were for allowable speed variation for a valid incorporates conditions that are promulgated following passage of the test, which would be applicable both to designed to more accurately reflect actual engine load due to A/C operation Amendments. Thus, the test procedures the new provisions proposed in this under typical ozone exceedance in these rules were recently developed NPRM and the existing FTP. conditions. A new intermediate- to reflect the actual current driving As most of this proposal deals with duration (10- to 60-minute) soak period conditions under which motor vehicles areas that have not previously been is also included. are used (57 FR 31888; 58 FR 16002). regulated, the Agency is considering a broad range of alternative approaches Two components of today’s proposal The Agency is not proposing to change have wider impacts than just the SFTP. these test procedures and the remainder and requests. Comment on the alternative approaches, as well as the The first is to more accurately simulate of this section and the subsequent real on-road loads at the tire/ proposal focuses on the light-duty central proposal, are requested. Depending on comments and data dynamometer interface, which is an tailpipe emission testing procedures of element of the proposal that affects the FTP. received and analyses conducted subsequent to today’s proposals, EPA dynamometer operation throughout The FTP simulates on-road vehicle both the FTP and SFTP. The second may include some of the alternatives, in operation using a dynamometer in a would remove language specifying ° whole or in part, in the final rule. laboratory test cell held between 68 F ‘‘minimal throttle movement’’ when ° Interested parties may also submit and 86 F. The vehicle is driven on the conducting emission tests and replace it comments on alternatives not dynamometer over cycles that prescribe with ‘‘appropriate throttle movement’’ specifically identified or analyzed by the vehicle operator’s speed as a and require a specification of allowable function of time. The method for EPA for this proposal. While both the central proposal and speed variation, which also impacts measuring tailpipe emissions of HC, CO, both SFTP and FTP testing. The Agency and NOx requires filling a bag with the alternatives are EPA’s own design, they incorporate some concepts put is also requesting comment on whether the increased sophistication of vehicle 3 The Agency has historically relied on emission forth both by the California Air performance standards because they directly limit Resources Board (CARB) and the Ad computers necessitates replacing production of exhaust constituents that affect Hoc Panel on Revisions to the FTP (Ad existing defeat device language with a attainment of the National Ambient Air Quality Hoc Panel), a joint committee of the requirement for proportional emission Standards, while providing maximum flexibility to control under conditions not directly the vehicle manufacturers in determining cost- American Automobile Manufacturers effective compliance strategies. Other basic Association (AAMA) and the represented by the FTP and the SFTP. The proposed standards would apply compliance program approaches include system Association of International Automobile performance standards, which set bounds on for full useful life under section 202 of Manufacturers (AIAM). measurable performance parameters of the engine the Clean Air Act. The warranty or emission control system rather than actual provisions under section 207 of the emission levels, and design standards, which 4 Road load forces refers to the force needed to prescribe primary design elements of the engine or overcome wind and tire resistance when driving at Clean Air Act also apply to this control system. specific speeds. rulemaking. 7408 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules Supplementary Federal Test simulation of in-use A/C operation; a condition. The cycles of the SFTP can Procedure—The SFTP includes three new Start Control Cycle (SC01, see be run as a sequence to save on single-bag emission test cycles: a hot figure 2) simulating driving with the preconditioning and setup time; stabilized 866 Cycle 5 run with a new new simulation of in-use A/C operation however, separate runs of the cycles are and proceeded by a soak period; and a permissible with the appropriate soak or 5 5 Refers to Bag 2 of the LA4, preceding the 10- new Aggressive Driving Cycle (US06, preconditioning steps appended. minute hot soak, lasting 866 seconds. see figure 3) run in the hot stabilized BILLING CODE 6560±50±P Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7409 7410 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules BILLING CODE 6560±50±C Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7411 Elements of the proposed A/C engine and catalyst warm-up and start most aggressive.7 No adjustment factors simulation for certification testing driving. are proposed for mid-performance include, a 95 °F ± 5 °F test cell ambient The US06 driving cycle is designed to (‘‘normal’’) vehicles. For high temperature, A/C set to ‘‘maximum A/ be run in hot stabilized condition. High- performance vehicles, the manufacturer C’’ with interior air recirculation, high volume exhaust flow for larger- must demonstrate stoichiometric control interior fan setting, coldest setting on displacement vehicles run on US06 for wide-open throttle events of two the temperature slide, driver’s window dictates use of a larger-capacity constant seconds or less in order to ensure that down, and front-end supplemental fan volume sampler (CVS) than is needed these vehicles have aggressive driving cooling. Although certification testing for current FTP testing. The proposed emission control over similar vehicle would occur at 95°, the compliance A/C simulation is not required for this operation as the rest of the fleet. requirement would apply at less test cycle. demanding temperatures as well. Thus, The Agency proposes that TABLE 1.ÐPERFORMANCE-BASED EPA confirmatory testing could take manufacturers determine the ADJUSTMENTS place at any point across the range 68 °F appropriate shift points for their manual to 95 °F. The compliance requirement transmission applications and submit Perform- Trans- ance (W/P Adjustment would would The Agency proposes the shift schedules for EPA approval. In mission type range) these conditions as a cost-effective general, EPA will allow manufacturers surrogate for testing in a fully controlled to specify upshift points, but manual ...... low dynamic dyna- environmental chamber set to simulate downshifting will not be permitted W/P>34 mometer iner- ozone-exceedance conditions of ambient unless the vehicle is unable to stay tia weight re- temperature, humidity, solar load, and within the driving tolerance on the duction. pavement temperature, although the use speed trace in the existing gear. normal none. of a fully controlled environmental Hot stabilized condition is achieved 18 W/P 34 high W/ 2 second stoich chamber would be permitted. by including several preconditioning P<18 control. The required elements for the SC01 options as part of the formal procedure automatic .... low dynamic dyna- include the preconditioning, soak immediately prior to the US06 Cycle. If W/P>31 mometer iner- period, and compliance cycle the vehicle has undergone a soak of 2 tia weight re- requirements. Prior to the soak period, hours or less, the preconditioning may duction. the vehicle is to be preconditioned to be a 505 Cycle, the 866 Cycle, US06, or normal none. allow engine and catalyst temperatures the SC01. Following longer soaks, the 18 W/P 31 to stabilize at typical warmed-up proposed preconditioning cycle is an high 2 second stoich (W/P<18) control. operating temperatures. The Agency LA4. For manufacturers who have believes that running the vehicle over concerns about fuel effects on adaptive Determining compliance with EPA’s Urban Dynamometer Driving memory systems, the proposal allows standards—With the exception of Schedule (LA4) is adequate to achieve manufacturers, and upon manufacturer changes prompted by use of new engine and catalyst stabilization request, requires EPA to run the vehicle dynamometers and an additional driver regardless of the time period for which over the US06 Cycle on the certification speed variation tolerance, no changes the vehicle was not operational prior to test fuel before entering the formal test are proposed for the driving cycle of the preconditioning. However, in the event procedure. conventional FTP. Similarly, EPA the vehicle was shut off for less than The Agency proposes adjustments to proposes to retain unchanged the two hours prior to preconditioning, the the aggressive driving test cycle for all method of calculating compliance with Agency believes that a 505 cycle is heavy light-duty trucks (HLDTs),6 and the existing FTP. However, an adequate for preconditioning the also, for some low- and high- additional ‘‘composite’’ compliance vehicle, although the 866 or the SC01 is performance LDVs and LDTs. The calculation is proposed that brings also acceptable. proposal calls for US06 Cycle testing of together elements of the conventional Immediately following the HLDTs with the truck ballasted to curb FTP with results from the SFTP. In the preconditioning cycle, the vehicle will weight plus 300 lbs and the composite calculation, emissions from enter the soak period. Manufacturer dynamometer inertia weight determined the range of in-use driving are testing of engine families required to from this same basis, while FTP testing appropriately weighted, summed, and comply with the intermediate soak remains at Adjusted Loaded Vehicle compared to the proposed emission requirements for certification or SEA Weight. The proposed US06 Cycle performance standards. For total testing must soak the vehicle for at least adjustments based on performance level hydrocarbon (THC), non-methane 60 minutes. EPA will have the option of are summarized in Table 1. For low hydrocarbons (NMHC), organic material testing any soak duration between 10 performance vehicles, the inertia weight hydrocarbon equivalents (OMHCE), and 60 minutes for certification, SEA, is adjusted by multiplying the original organic material non-methane and in-use testing. If the engine family inertia weight by the adjustment factor hydrocarbon equivalents (OMNMHCE), is not required to meet the intermediate which is equal to the ratio of the and CO, the proposed standards are the soak requirements, a 10-minute soak applicable performance cutoff and the same as the standards applicable under period is proposed. During this period, W/P of the test vehicle. Where an the conventional FTP; for NOX, an cooling fans directed at the vehicle are adjustment factor is called for, it is adjustment factor of 1.15 is applied to to be shut off. The vehicle may be applied dynamically by the that standard to account for the removed from the dynamometer, dynamometer only during those emission response of vehicles to the provided the vehicle is not subjected to portions of the US06 Cycle that are the new A/C test conditions. See the unrepresentative cooling of the engine or catalyst. Following the soak period, 6 Light-duty trucks are divided into two weight 7 Refer to the Final Technical Report on the vehicle will be run over the SC01 categories known as light light-duty trucks (rated up Aggressive Driving Behavior for the Revised Federal through 6000-pounds Gross Vehicle Weight Rating Test Procedure Notice of Proposed Rulemaking for cycle using the proposed A/C (GVWR)) and heavy light-duty trucks (rated greater a detailed discussion of the points in the cycle simulation for proper representation of than 6000-pounds GVWR). where the proposed adjustments would be made. 7412 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules Support Document to the Proposed soak requirements. It is proposed that dynamometer with electronic control of Regulations for Revisions to the Federal the standards apply to 40 percent of power absorption to meet these Test Procedure: Detailed Discussion and each manufacturer’s combined requirements for both the new SFTP and Analysis for the specific numerical production of LDVs and LDTs for the current FTP testing, any system would standards. Due to the absence of 1998 model year, 80 percent in 1999, be allowed that yields equivalent or relevant test data on which to base a and 100 percent in 2000. Small volume superior test results. decision, no supplemental test manufacturers would not have to The improved road load simulation procedures or standards are proposed comply until the 2000 model year. All and the new criteria for allowable speed for diesel particulate. the proposed requirements would apply variation for FTP compliance Included in the composite calculation during this phase-in period, except that determination are proposed to be are a cold start bag (based on Bag 1 of Bag 5 could be conducted with a 10- implemented in the 1998 model year. the conventional FTP) and the three minute soak instead of the proposed 60- Manufacturers could elect to use bags of the SFTP (called Bag 4, 5, and minute soak for control of intermediate improved road load simulations prior to 6). The weighting factor for each of the soak emissions. The 60-minute soak 1998, at their option. four bags is adjusted as appropriate to would be required for all vehicles The Agency is also proposing a minor reflect the proposed level of control for starting with model year 2001, procedural change that would remove each type of driving in the SFTP. including small volume manufacturers. the current 5500-pound test weight cap, Because the exhaust constituents The Agency is continuing to analyze to be implemented in the 1998 model respond differently to the loads and the impact of this phase-in schedule, year with the improved road load speeds of the new SFTP cycles, the particularly when considered in simulations. proposed levels of control and, thus, the conjunction with other recently weighting factors of the composite promulgated rules (such as revisions to B. Alternative Approaches calculation differ somewhat for different the evaporative test procedures) as well As indicated, EPA is considering a pollutants. The proposed weighting as potential future programs (such as number of alternatives to critical factors are: voluntary Federal low emission vehicle elements of the central proposal. The standards). Comments are specifically following provides a summary of the Percentages requested (1) on the impact of this most important of these alternatives. A phase-in schedule when considered THC/NMHC CO & NOX full discussion of all the options and with other programs and (2) providing alternatives considered is found in the Bag 1 (cold start suggestions for other schedules which Support Document to the Proposed from FTP) ...... 21 15 will coordinate programs more Regulations for Revisions to the Federal Bag 4 (866 cycle effectively. The Agency will review this Test Procedure: Detailed Discussion and from SFTP) .... 24 37 information in developing the final rule Analysis. Bag 5 (SC01 to determine if a more logical from SFTP) .... 27 20 In determining compliance with the Bag 6 (US06 coordination schedule is possible while emission standards, EPA is considering from SFTP) .... 28 28 maximizing the cost/benefit two alternatives to the proposed FTP/ effectiveness of this rule. SFTP composite and the related The Agency is proposing that changes The proposal recognizes that adoption standards: (1) promulgating three in the achievable levels of control over of emission standards more stringent separate sets of standards, one set each the SFTP tests would track changes in than current Federal Tier 1 standards for aggressive driving, post-soak startup the underlying FTP standards and, thus, will likely result in emission control emissions, and A/C impacts; and (2) adoption of the central proposal would strategies that reduce catalyst light-off 10 promulgating a single set of standards, have the effect of automatically times. This could have a significant based on a simple weighted average of reducing the composite standards in impact on the costs and benefits of the separate standards for each control area. step with any mandatory future declines intermediate soak requirement. As Tier Both of these alternatives would use the in the FTP standards.8 1 standards are the current legal same cycles and test procedures as the Flexibilities are proposed to allow requirement and the status of future composite approach of the central manufacturers to reduce their testing standard changes is uncertain at this proposal. However, instead of weighing burden, particularly during time, this proposal presumes Tier 1 them with Bag 1 of the FTP and using development testing. (See Support applicability. The Agency invites bag weights to help establish Document to the Proposed Regulations comments and data addressing the cost/ appropriate compliance procedures and for Revisions to the Federal Test benefit implications of the proposed standards, the alternative approaches Procedure: Detailed Discussion and soak requirement under a Federal Tier would establish emission standards Analysis and Technical Reports for 2 (or equivalent) program. specifically for each new control area. 9 Each of the test cycles is run on a discussion.) The Agency did not select either of Emissions Standards and Phase-in— system providing accurate replication of these alternatives as the central proposal The Agency is proposing to phase in the real road load forces at the interface because of difficulties encountered in proposed requirements for aggressive between drive tires and the determining the appropriate amount of driving and air conditioning control dynamometer over the full speed range. in-use compliance margin to allow prior to implementing the intermediate In addition, the new US06 cycle when establishing emission standards. requires significantly higher power Also, the proposed concept of indexing 8 The issue of what standards would apply in the absorption capacity, due to the higher the SFTP standards to any future context of a voluntary Federal low emission vehicle power requirements of this aggressive changes in FTP standards probably program will be determined in a separate driving cycle. While EPA intends to use rulemaking (60 FR 4712, January 24, 1995). would not work with either of the two a large-diameter single-roll 9 Both the Support Document to the Proposed alternatives. If data are submitted that Regulations for Revisions to the Federal Test could help establish appropriate in-use Procedure: Detailed Discussion and Analysis and 10 Time required for the catalyst to reach the the Technical Reports are in the public docket for temperature needed to sustain significant catalytic margins, EPA would reevaluate the most review. activity. appropriate compliance structure and, if Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7413 appropriate, may select one of the In the intermediate soak area, the V. The FTP Review Project and Areas alternatives in the final rule. effect on in-use emissions of the of EPA Concern The Agency is also considering the alternatives depends on future changes In response to the review requirement alternative of establishing a single to the stringency of the FTP standards, of the CAAA, EPA initiated the FTP standard for NMHC+NOX, instead of the control strategies manufacturers Review Project (the FTP Review) in separate standards, and invites would employ to meet such future November 1990. The first action of the comments on the cost and emission standards, and the impacts those project team was to perform an initial impacts of this alternative. strategies might have on post-soak review of existing information to One issue was identified too late for emissions. Because these are not known, identify elements of the current FTP EPA to properly evaluate it. Concern alternatives might include exemption that might be of concern (justifying was raised that the proposed level of CO from aspects of the soak requirement or additional focus) and others that might control may significantly interfere with total deletion of the soak requirement. not justify concern at this time. the ability for vehicles to comply with Of immediate concern to EPA was the proposed level of NOX control. IV. Statutory Authority and Legal representativeness of the driving cycle Should further data and analyses Analysis used in the current FTP, the ‘‘LA4’’ or substantiate that tradeoffs between CO The promulgation of these regulations ‘‘Urban Dynamometer Driving and NOX control would preclude Schedule,’’ especially in the area of is authorized by sections 202, 206, 208, meeting the proposed level of NOX aggressive driving behavior.13 It was and 301 of the Clean Air Act (CAA or control, EPA would consider reducing clear that the LA4 maximum speed of 57 the Act) as amended by the Clean Air the stringency of the CO standards for mph excluded a significant fraction of the new control areas in the final rule. Act Amendments of 1990 (42 U.S.C. higher-speed, in-use operation.14 On October 20, 1994, EPA 7521, 7525, 7542, and 7601). Section Similarly, EPA suspected that an representatives received a joint vehicle 206(h) of the Act requires EPA to important fraction of in-use manufacturer proposal from the Ad Hoc ‘‘review and revise as necessary—the accelerations were more severe than Panel that addressed emissions arising testing of motor vehicles and motor those found in the LA4. A 1990 CARB from aggressive driving and A/C vehicle engines to insure that vehicles study found much higher emissions, operation and proposed emission are tested under circumstances which particularly for CO, during operation at standards for each of these two areas. reflect the actual current driving high acceleration rates relative to those The Agency has not had sufficient time conditions under which motor vehicles seen during FTP-level accelerations. to fully analyze the concepts offered by are used, including conditions relating One possible explanation for these the panel or to incorporate the to fuel, temperature, acceleration, and emission increases is that the engines manufacturer proposal as an explicit, altitude.’’ Congress mandated that EPA were not calibrated for emission control complete alternative to the primary exercise its authority under section during the higher engine loads Agency proposal presented today. 206(a) of the Act, giving broad authority associated with aggressive driving, as Nevertheless, the manufacturers’ to determine appropriate test these loads are not encountered during specific proposals fall within the scope procedures, consistent with the broad current FTP testing. However, of the options and alternatives direction of section 206(h), to determine insufficient data existed at the time to discussed by EPA in today’s notice. The appropriate changes to reflect real world quantify the in-use frequency of Agency has submitted materials conditions. aggressive driving events or the actual emission impacts. There were also supplied by the panel on October 20, Although the text of the statute and 11 concerns, based on engineering 1994, to the rulemaking docket. the legislative history do not provide judgment, about other aspects of driving Analysis of these elements by the explicit criteria or intent for this review, behavior that were not represented in Agency, as well as any related material EPA believes the primary concern of the current test procedures for which no supplied in the future, will also be Congress is having test procedures for docketed. In order that the Agency may data existed. Thus, the Agency LDVs and LDTs reflect in-use conditions concluded that further information was make the most informed and in order to obtain better in-use emission appropriate judgments in any final necessary to properly represent actual control. This flows from the basic driving conditions. In collaboration rulemaking, EPA encourages interested purpose of test procedures—to measure persons and organizations to evaluate with key stakeholders, EPA began compliance with the emission and comment upon these materials. extensive research into driving behavior standards—and from standards In the area of A/C emission control, and conditions and their emission designed to obtain in-use emission EPA is considering an alternative to the implications. reductions. Therefore, EPA made this proposed test simulation of A/C During the course of the research a the primary concern and objective. operation, as well as the alternative of number of other concerns with the requiring A/C testing across the cold A more detailed analysis of the current FTP were identified, including start (that is, Bag 1 of the FTP). The statute, the scope of EPA’s authority, two additional concerns with the LA4 alternative A/C simulation would leave and interpretation of how best to representation of in-use driving the A/C off in the test cell, but would exercise EPA’s discretion under section behavior. The first concern was start increase the dynamometer load curve 206(h) are found in the Support driving behavior; that is, behavior across the range of vehicle speeds to Document to the Proposed Regulations immediately following vehicle startup reflect the additional load imposed by for Revisions to the Federal Test an A/C compressor during ozone Procedure: Detailed Discussion and 13 In this report, ‘‘driving behavior’’ refers to the measurable consequences of the operator’s action 12 Analysis. exceedance conditions. on the accelerator pedal, including vehicle speed, throttle variation, acceleration, and power. 11 Ad Hoc Panel, ‘‘Industry Proposal on FTP pursuing additional refinements to address 14 Details about the development of the LA4 Revisions,’’ October 20, 1994. potential concerns with the approach, such as the driving cycle can be found in an SAE paper, 12 The Ad Hoc Panel has submitted a proposed ability to simulate air compressor cycling and A/C ‘‘Development of the Federal Urban Driving methodology for such a dynamometer simulation of loads at idle, which cannot be simulated on a Schedule,’’ Ronald E. Kruse and Thomas A. Huls, A/C load, dubbed ‘‘Nissan II.’’ Manufacturers are dynamometer. EPA, 1973, #730553. 7414 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules and initial idle. The LA4 cycle used in magnitude of the speed/load curve is were adopted, the FTP evaluated the current FTP brings the most adjusted by periodically calibrating the tailpipe emissions performance in the aggressive operation close to the dynamometer at a single speed midrange of temperature (68° F to 86° beginning of the cycle; driving survey (currently, 50 mph). As a consequence, F), but omitted both cold and hot data suggest this is atypical of in-use loads at speeds other than the temperature testing. The emission operation. The second concern was calibration point can be misrepresented. concern following cold temperature microtransient behavior (rapid speed Second, current FTP dynamometers soaks and during cold temperature fluctuations). In-use driving survey data cradle the vehicle drive wheels between operation is increased CO emissions. contains more frequent speed two small (8.65-inch) rolls. Heating This concern was addressed through fluctuations than the FTP. effects and pinching of the tire result in EPA’s Cold Temperature CO rulemaking The Agency identified concerns about an unrepresentative simulation of road (57 FR 31888). The direct emission four additional elements of the FTP: The ‘‘surface.’’ Third, the dynamometer rolls impact during hot temperature duration of the soaks; the representation are currently uncoupled and the front operation is increased fuel evaporation. of A/C load; representation of additional roll (which bears the power absorber) Ambient temperature should not loads on the engine due to factors such spins somewhat more slowly than the otherwise affect tailpipe emissions, as as road grade, extra cargo, or trailer rear (which provides the vehicle speed the engine and combustion temperature towing; and the adequacy of the signal); this tends to bias the system are not affected in any significant way dynamometer specification for towards underloading the vehicle. by temperatures hotter than 86° F. This representation of real road load. The Agency analyzed three other concern was addressed through the With respect to soaks, EPA sought to elements of the FTP and believes Agency’s Evaporative Emissions determine if significant levels of revising the current procedures is rulemaking (58 FR 16002). Ambient emissions are missed by the current FTP unnecessary at this time. The first such temperature also produces indirect because only very short- and long- area was the altitude of testing. Given emission effects through increased duration soaks are reflected in the that EPA has the authority to perform operation of the vehicle A/C, affecting current structure. One related vehicle testing at any altitude, and it the load on the engine. This indirect hypothesis was that the much faster currently exercises that authority, the aspect of temperature was addressed in cooling rate of catalysts compared to Agency is not proposing to supplement EPA’s detailed review of the FTP and is engines might lead to excessive by further regulation the altitude testing reflected in today’s proposal. emissions during intermediate-duration flexibility in current law. While it is The FTP Review project team found soaks. possible that driving behavior may that existing information was clearly Several aspects of the A/C load differ at high altitudes, EPA believes inadequate for evaluating potential simulation were problematic. The that any emission controls required for revisions to the test procedures. current FTP adds load as a percentage aggressive driving will also be effective Consequently, a number of new data of the base road load horsepower curve, during high altitude driving. gathering and analytical efforts were which means the FTP A/C load A second element which EPA did not undertaken in connection with the decreases with decreasing speed, while pursue beyond the initial evaluation project. In several of these efforts, EPA real A/C system loads relative to road was test fuels. In-use fuels have a wide resources were supplemented by load horsepower are highest at low range of properties. This specification significant cooperative investments speed. Also, vehicles with different base for fast fuel allowance for a range of from other sources, including the horsepower curves end up with fuels (40 CFR 86.113–94) appear to American Automobile Manufacturers different FTP A/C load simulations, provide EPA with the flexibility to use Association (AAMA), the Association of even if they have identical A/C systems. a variety of test fuels ranging from an International Automobile Manufacturers Additionally, the Agency believes that average in-use fuel to some of the less (AIAM), and the California Air the current method significantly under- typical in-use fuels with qualities that Resources Board (CARB). These studies represents the magnitude of in-use A/C could effect emissions. Significant provided EPA with unprecedented data loads. As in the case of aggressive differences, with potentially large on which to base its comparative review driving behavior, incorrect emissions implications, do appear to with the FTP and to construct the representation of A/C loads during the exist between average in-use gasoline options presented in today’s proposal. FTP risks incorrect simulation of the and the gasoline (indolene) typically emissions these loads would generate purchased by both EPA and industry for VI. In-Use Behavior from an engine in-use. certification testing. After evaluating The first critical need in reviewing the Road grade, vehicle towing, and cargo approaches to addressing this situation, FTP was a current database on in-use also represent a load effect on the EPA concluded that changes to the driving and vehicle soak behavior. The engine. The 300-pound passenger-plus- regulations are not necessarily required, Agency collaborated with AAMA, cargo allowance on the FTP is clearly since the current regulations provide the AIAM, and CARB over the spring and unrepresentative for some driving flexibility needed to address those summer of 1992 to conduct surveys of situations, especially for trucks, and the situations where the use of indolene in-use driving and soak behavior in four absence of road grade or vehicle towing may not be representative. In addition, major U.S. cities. simulations on the FTP means these various programs to address in-use fuel actual in-use loads are not a factor qualities are still under consideration. If A. In-Use Driving Behavior determining emission standards or a decision is ultimately made to change Instrumented vehicle surveys and/or compliance with those standards. the certification fuel regulations, it may chase car studies were conducted in Three aspects of the current FTP be best to do so along with changes to Baltimore, Maryland; Spokane, dynamometer configuration have the the specifications for in-use fuels. Washington; Atlanta, Georgia; and Los potential to misrepresent the actual road Finally, EPA believes that it is Angeles, California. In May of 1993, load experienced by vehicles in-use. unnecessary to further address the EPA published its initial conclusions First, the shape of the speed/load curve direct impacts of ambient temperature regarding aggressive driving behavior in on current certification dynamometers on FTP tailpipe emissions in this the ‘‘Federal Test Procedure Review is fixed and cannot be changed; the proposal. At the time the Amendments Project: Preliminary Technical Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7415 Report.’’ 15 These conclusions were findings on speeds, accelerations, and or so of typical in-use start driving, largely based on the Baltimore power measures were affected by other while it is substantially over-aggressive instrumented vehicle survey data. factors, including vehicle type (car/ when compared to the succeeding 160 Subsequent analysis has found the truck), transmission type, vehicle seconds. For initial idles, the FTP larger three-city instrumented vehicle performance level, time of day, and day presumes 20-second durations for both results to be consistent with the of the week. The first three vehicle- cold and hot starts, whereas the in-use Baltimore-only results. The three-city related factors are reflected in today’s averages from EPA’s data were 28 analysis showed that nearly 13 percent proposal. The discussion of the analysis seconds for cold starts and only 12 of vehicle operation, on a time-wrighted and findings are in the Support seconds for hot starts. basis, occurs at combinations of speed Document to the Proposed Regulations The previous discussion of in-use and acceleration that fall outside the for Revisions to the Federal Test speeds and accelerations presents a matrix of speeds and accelerations Procedure: Detailed Discussion and snapshot of driving behavior. Although found on the LA4 driving cycle. The Analysis and the Technical Reports. the acceleration measure, which looks at maximum observed in-use speed was The Agency also examined start the change in speed from one second to 95.5 mph, compared to the LA4 driving behavior as represented by the the next, partially characterizes the maximum speed of 56.7 mph, and instrumented vehicle survey data. The transient nature of driving, other slightly more than seven percent of in- Agency determined that the start driving measures expand the time interval to use vehicle operation time was spent at (operation following the initial idle and examine the rapid fluctuations in speed, speeds greater than 60 mph. Average before coolant temperature exceeded or microtransients. One measure, speed from the three-city in-use data 140° F) in the survey data generally did referred to as jerk, is equal to the change was 25.9 mph compared to 19.6 mph not exceed 240 seconds. Further in acceleration. A related measure is the over the LA4. analysis showed that the speeds of start second-to-second change in specific Specific power is also useful when driving did not change substantially power. Conceptually, this measure analyzing aggressive driving behavior.16 following soaks of different durations, captures the change in the power Measures of power also indicated that but they did differ from those found in requirement imposed by the driving in-use driving behavior was more hot stabilized driving. The results for in- behavior. aggressive than reflected in the LA4. use initial idle time and start driving are The Agency used the three-parameter Specific power in the three-city sample different than the representation of instrumented vehicle data from ranged up to 723 mph2/sec and these elements in the FTP. The LA4 Baltimore, Spokane, and Atlanta,17 to averaged 47.0 mph2/sec. The LA4 has cycle has atypical high speeds over the calculate these microtransient measures maximum power of 192 mph2/sec and first four minutes of a vehicle trip. On for in-use driving behavior and an average of 38.6 mph2/sec. the other hand, the LA4 has compared the results to the LA4’s The Agency analyzed the in-use substantially less aggressive representation. The measures of jerk and survey data to determine how the above accelerations than the first 80 seconds change in power are shown in Table 2. TABLE 2.ÐMEASURES OF MICROTRANSIENT DRIVING FROM INSTRUMENTED VEHICLE DATA/SEC Jerk Change in power Mean of the Mean of the Source absolute Standard absolute Standard values deviation values deviation (mph/sec) (mph2/sec) (mph/sec) (mph2/sec) In-use driving ...... 0.47 0.89 20.48 34.36 LA4 ...... 0.36 0.63 14.96 22.96 For both jerk and change in power, the measures. The greater variation around example, nearly 40 percent of all soaks mean of the absolute values were used the mean demonstrated by the in-use in the Baltimore survey data were in order to look at both the positive and data suggests that the LA4 does not between 10 minutes and 2 hours. Given negative values (the mean of the signed adequately represent the microtransient that the current FTP employs only two values of jerk is always equal to zero). nature of in-use driving behavior. soaks (the 10-minute hot soak and the 12- to 36-hour cold soak) to represent The in-use means were higher than B. Soak Behavior those for the LA4, indicating larger in- the range of soaks in-use, EPA was The survey data were also analyzed to use changes in acceleration and power, concerned that the current FTP might determine the frequencies at which as well as reflecting, in part, the LA4’s not adequately control for emissions soaks of different durations occurred in- acceleration rate cutoff of 3.3 mph/sec following these intermediate-duration use. The Agency found that soaks of less soaks. and the maximum speed of 57 mph. The than 10 minutes and greater than 8 standard deviations of jerk and change hours occur with the highest C. Air Conditioning in power are probably a better measure frequencies in use. However, EPA also A number of variables affect the range of microtransient behavior. Again, in- found that a significant portion of in-use of A/C usage, particularly temperature, use data show larger values for both soaks are of intermediate duration. For sun load, and humidity, all of which 15 U.S. Environmental Protection Agency, Federal and the acceleration rate. Neither variable, by itself, provides a two-dimensional measure which is Test Procedure Review Project: Preliminary is a good measure of the load placed on the engine. roughly equal to 2*speed*acceleration and has the Technical Report, EPA 420–R–93–007, Office of Air The joint distribution of speed and acceleration is units of mph2/sec. and Radiation, May 1993. probably the best measure, but it must be examined 17 See the Technical Reports for a full description 16 The power needed from an engine to move a in three dimensions, which is difficult to visualize and analysis of this data. vehicle is proportional to both the vehicle speed and comprehend. The concept of specific power 7416 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules vary by season, time of day, and VII. Representative Driving Cycles from the in-use driving survey data are geographic location. Given that the In order to evaluate the emission equally applicable to testing with the A/ overall goal of the Act is to help bring impacts of in-use driving and soak C system on and off. In fact, even localities and regions into compliance behavior, EPA designed three driving though the Atlanta driving survey was with the National Ambient Air Quality cycles that were representative of the in- the only one of the three surveys Standards (NAAQS), the Agency chose use survey results, using segments of conducted during the summer, that city to focus attention on the contribution of actual in-use driving survey data. had the most aggressive driving of the A/C to vehicle emissions during typical Concurrently, EPA determined three cities. Thus, it does not seem high ozone situations. Analyses of weighting factors to reflect the fraction likely that A/C operation could have a ozone exceedances revealed that ozone of in-use operation represented by each significant impact on driving behavior. exceedances typically occur on days cycle; these factors are used to properly Nonetheless, the Agency welcomes data with a mean ambient temperature of 95 weight the emissions from the cycles and comments on the relationship °F, 30–40 percent relative humidity, and when doing an emission assessment. between A/C operation and driving limited cloud cover. The Agency developed separate behavior. In August and September 1994, the cycles for start driving and aggressive VIII. Emission Inventory Assessments Agency conducted an instrumented driving. The Agency chose to develop vehicle study in Phoenix, Arizona. individual cycles rather than a single An assessment of emissions from four Preliminary analyses of the survey data ‘‘representative’’ cycle in order to areas for potential emission control was indicate that the average A/C usage was evaluate EPA’s areas of concern conducted using the representative test 77 percent for days that reached a peak independently. This is most critical in cycles developed from the survey data. temperature between 90 °F and 100 °F. the case of aggressive driving where A full description of the test programs The A/C compressor was actually both capturing the diversity of and the results can be found in the engaged 61 percent of the total time (see aggressive driving behavior and Technical Reports. The following Technical Reports and the Support representing it proportionally in a single summarizes the conclusions for each Document to the Proposed Regulations cycle covering all in-use operation area considered. would lead to a very long cycle. for Revisions to the Federal Test The Start Cycle (ST01) represents A. In-Use Driving Behavior Procedure: Detailed Discussion and three successive 80-second segments of Analysis for full analysis). The high use The FTP Review’s emission in-use driving immediately following of A/C in ozone exceedance conditions assessment of in-use driving behavior the initial idle. Testing using ST01 was based on a vehicle emission test makes the accurate simulation of A/C allowed separate determination of start during the FTP more important. program conducted cooperatively by driving emissions; ST01 was also used EPA, CARB, AAMA, and AIAM during D. Additional Elements Affecting Engine to quantify the emissions effects of 1993 and early 1994 (referred to Load varying soak duration. subsequently as the Non-LA4 Emissions The second cycle, characterizing Test Program).19 A comprehensive evaluation of aggressive driving, was the additional elements affecting engine Representative Non-LA4 Cycle (REP05). On the basis of the EPA data, the load would require surveys of the This cycle targeted speeds and project team concluded that the LA4 frequency of occurrence of the elements accelerations, as well as microtransient under-predicts actual in-use hot in-use, as well as evaluation of effects, not covered by the current LA4. stabilized emissions by 0.043 g/mi interactive effects with driving behavior. To complete the representation of in- NMHC, 2.8 g/mi CO, and 0.083 g/mi For road grade, a 1980 EPA report 18 use driving behavior for emission NOX on current technology, properly indicated that positive road grades assessment purposes, a third cycle, the operating vehicles.20 These numbers do average 1.66 percent nationally and that Remnant Cycle, was developed to not have any direct bearing on the FTP roughly six percent of national VMT is characterize in-use driving behavior not standards; they are simply an estimate spent on grades of four percent or represented by either the ST01 or of the additional amount such vehicles higher. The Agency sought to REP05. actually emit in-use, compared to the supplement this information with The Agency used the same basic cycle FTP test results. driving behavior data over road grade, development methodology for each of Table 3 shows the percentage gathered during the chase car portion of the three representative cycles. A full contribution to the in-use emission the in-use driving surveys. discussion of the methodology used, the increase from the Start (ST01), Remnant, Unfortunately, problems with noise and composition of each cycle, and how it and aggressive (REP05) driving cycles, insufficient resolution on the measure of compares to the cycle in the FTP is weighted by their respective proportion grade rendered the data inadequate, and found in the Technical Reports. of in-use driving. As expected, the no alternative data source was available. It seemed clear from the in-use survey aggressive driving of REP05 contributed In addition, EPA was unable to conduct data that rapid speed fluctuations, significantly to the difference. More in-use surveys in the areas of passenger/ including ones not well represented on surprisingly, however, significant cargo loading and trailer towing, due to the LA4, could be found in all types of contributions to the increase also came the scope and nature of the necessary in-use vehicle operation. The Agency’s from the Start and Remnant Cycles, survey instrument. As a consequence, use of actual microtrips as the building particularly for NMHC and NOX. EPA has insufficient data for use in blocks for the three representative evaluating the additional elements cycles directly incorporated such 19 EPA’s assessment was limited to EPA’s and affecting engine load that were microtransient driving behavior into all AAMA/AIAM data. Due to differences in testing originally identified as areas of concern. three cycles. hardware, CARB’s emission results were not The Agency has assumed that driving directly comparable. 20 behavior is not affected significantly by These estimates are only for the emission 18 18 U.S. Environmental Protection Agency, under-prediction related to driving behavior. Other Passenger Car Fuel Economy: EPA and Road, EPA# A/C operation and that the factors such as soak are addressed in the sections 460/3–80–010, September 1980, p. 119. representative driving cycles developed to follow. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7417 TABLE 3.ÐCONTRIBUTIONS TO THE IN- variations of EPA’s representative Start the effects of A/C operation on NOX USE G/MI INCREASE BY THREE Cycle (ST01). emissions. TYPES OF DRIVING Post-soak emissions in the Soak/Start The third test program was very Test Program, measured over the ST01 similar to the second but was designed cycle, increased steadily and sharply as Driving NMHC CO NOX to collect second-by-second emissions soak duration was incremented between and vehicle operating data. Analysis of All (In-Use 0.043 g/mi 2.784 g/ 0.083 g/ 10 minutes and 60 minutes. The average these data indicated that the significant In- mi. mi. ST01 emissions for all vehicles tested A/C-related emission impacts were crease). for NMHC, CO, and NOX were higher Start ...... 30.2% ...... 17.1% .. 23.0%. following the 60-minute soak than they occurring during idles and Remnant . 33.8% ...... 25.0% .. 45.6%. were for the 10-minute soak by factors accelerations; on the LA4, ST01, and Aggres- 36.0% ...... 57.8% .. 31.4%. of seven, two, and four, respectively. Remnant cycles the combination of idles sive. The increases were significant in and accelerations accounted for more absolute terms as well; for example, the than 80 percent of the total observed The AAMA/AIAM portion of the average NMHC emissions on three Tier NOX increase. As was the case in the program was conducted in late 1993 and 1 vehicles went from about 0.05 g/mi previous program, the overall increases early 1994. This 26-vehicle, 8- following the 10-minute soak to over in NOX were heavily weighted towards manufacturer program included hot 0.50 g/mi following the 60-minute soak. the moderate and lower speed driving of stabilized testing with REP05, the 505, The rate of increase moderated with the ST01, Remnant, and LA4 cycles, and the 866, but none with the Remnant soaks longer than 60 minutes, such that although some increases were seen on or Start Cycles; thus, a complete emissions of all constituents following a the REP05 cycle. assessment of in-use hot stabilized 2-hour soak were within 50 percent of A detriment of these test programs is driving could not be conducted with the cold soak levels. The subset of Tier 1 that they did not adequately or fully manufacturers’ data. Nevertheless, vehicles in the EPA program showed represent the actual conditions under comparisons were made between the similar percentage increases as a which A/C systems are likely to be EPA and manufacturer program results function of soak duration relative to the operated. To test vehicles under an for REP05 as well as the difference Tier 0 vehicles, although the average between REP05 emissions and hot emission levels of these vehicles were accurate simulation of environmental stabilized LA4 emissions. In looking at lower than the Tier 0 vehicles. conditions and vehicle speed, an the emission difference between REP05 emission testing program (referred to as and hot LA4, the LDV and light light- C. In-Use Air Conditioner Operation the AC Rochester [ACR] test program) duty truck (LLDT) average for the EPA The Agency conducted three test was conducted by vehicle tested vehicles was 0.04 g/mi while it programs and participated cooperatively manufacturers in a sophisticated was 0.06 g/mi for the vehicles tested by with AIAM and AAMA in an additional environmental test facility.22 The the manufacturers. The CO emissions test program during late 1993 and early Agency and manufacturers tracked better, with the REP05 and hot 1994 with the purpose of assessing in- cooperatively defined for the testing a LA4 difference of 5.71 g/mi for EPA and use emissions due to A/C operation. set of environmental and meteorological 5.32 g/mi for the manufacturer tests. Detailed descriptions of all of these parameters to represent a typical ozone The manufacturer testing showed a programs and the results are contained nonattainment day. much larger NOX differential. The NOX in the Support Document to the Eight vehicles certified to the EPA’s difference between REP05 and hot LA4 Proposed Regulations for Revisions to Tier 1 emission standards with HFC– was 0.25 g/mi for the manufacturers’ the Federal Test Procedure: Detailed 134a A/C refrigerant systems were testing while only 0.09 g/mi for EPA Discussion and Analysis. tested in the program. Once again, the testing. The NMHC and CO differences The first test program compared are primarily among the LLDTs while emissions during the current FTP A/C effects of A/C operation were most pronounced on the moderate-to-lower the NOX difference was found in LDVs simulation to emissions obtained with and LLDTs. The Agency did not test any the A/C actually operating and speed cycles. On a hot, stabilized LA4, heavy light-duty trucks (HLDTs); confirmed that the current A/C the average increases were 0.011 g/mi however, the manufacturers’ results simulation method significantly under- for NMHC, 0.3 g/mi for CO, and 0.205 showed these vehicles as having the represents the actual load of the A/C on g/mi for NOX. The increases observed largest grams per mile increases from the engine.21 on the REP05 cycle were smaller than hot LA4 to REP05. This comparison The second test program went beyond on the LA4, but still noteworthy due to suggests that EPA’s emission assessment the current FTP by testing A/C impacts the performance of several of the should provide a reasonable, if not over the three representative cycles vehicles, causing the Agency some conservative, estimate of in-use (REP05, ST01, Remnant) as well as over concern about the impact of A/C emissions. the LA4. As in the first program, results operation during aggressive driving from this testing demonstrated an behavior. Fuel economy decreased by B. Intermediate Soaks overall increase in actual emissions about 13 percent on the REP05 with the The Agency conducted the with the A/C operating. In particular, A/C operating, substantially less than assessment of in-use emissions the magnitude of the NOX increase in the 20 percent reduction on the LA4, following intermediate soaks using data both programs was much larger than further indicating that the A/C load as from EPA’s Soak/Start Test Program, expected and caused the Agency to a proportion of total load tends to conducted in two phases between July focus further research and analysis on diminish as speeds and accelerations 1993 and June 1994. The testing increase. represented the soaks observed in the 21 In fact, the Agency believes that the effect on emission values of the additional ten percent driving survey data. The primary cycles 22 dynamometer road load horsepower is negligible This program was developed as a cooperative used to measure post-soak emission and unobservable within the range of current test- effort between EPA and manufacturers with funding levels for the emission assessment were to-test variability. from manufacturers. 7418 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules D. Additional Elements Contributing to aggressive driving are due primarily to in achieving light-off results in Engine Load enrichment, both commanded and disproportionately high emission As part of the Non-LA4 Emission Test transient. High NOX emissions during increases over intermediate soaks. Program, EPA conducted an evaluation aggressive driving, EPA believes, are The current FTP provides no of emission impacts from road grade by due both to an increase in engine out incentive for manufacturers to retard the simulating a two percent grade through NOX (from higher temperatures) and to rapid cooldown of the catalyst during increased inertia weight at the relatively poor catalytic conversion. intermediate soaks. In addition, testing dynamometer during testing of three Poor catalytic conversion is due to lean found differences in engine-out vehicles over the three representative events resulting from erratic A/F control emissions determined by the cycles. The road grade effect, weighted and to an A/F control strategy which is manufacturer’s calibration strategy upon by the percentages of the driving types not biased rich. The Agency also restart. Following intermediate-duration in-use, showed a consistent HC increase recognizes that catalyst breakthrough is soaks, one vehicle had a lean calibration of 0.04 g/mile, a highly variable CO a potential contributor to CO and NOX strategy which increased NOX increase averaging 3.2 g/mile, and a emissions during aggressive driving. emissions. Here again, the test results The Agency considered five strategies indicate that significant emissions may NOX increase (due largely to one vehicle) of 0.19 g/mi. Due to the absence that manufacturers might employ for be occurring in-use because of a lack of of comprehensive in-use survey addressing the causes of high emissions incentive for manufacturers to optimize information, EPA did not calculate from aggressive driving: improved startup calibrations following adjustments to these numbers to reflect control of the A/F ratio (fuel control) intermediate soaks. In general, strategies for reducing in-use frequency of grade or through calibration; improved fuel post-intermediate soak emissions are modifications to driving behavior over control by upgrading fuel injection catalyst-based and either focus on the grades. systems to sequential firing; upgrading to electronic throttle control; retarding of catalyst cooldown through IX. Cause and Control of Emissions improvements to catalyst design; and insulation after the vehicle is shut off or Three candidate areas for emission reapplication or refinement of the enhancement of catalyst light-off control are aggressive driving behavior, conventional NOX emission control upon restart. intermediate soak periods, and A/C systems. These strategies are discussed Of the potential approaches operation. Microtransient driving in detail in the Technical Reports. considered for control of intermediate behavior carries over and is addressed Of these strategies, the various soaks, EPA is focusing on catalyst withing these candidate areas. The recalibration options appeared to be the insulation as the primary control following discusses each of these areas, least costly, because each of the strategy. Use of insulation results in the causes of emission, and potential remaining strategies involved per- greater emission reductions over intermediate soaks than strategies which strategies for controlling the emission. vehicle hardware modifications. In addition, data from the Non-LA4 test focus on improving catalyst light-off A. Aggressive Driving Emissions program indicated that recalibrations through conventional means and Both agencies and the vehicle would probably control the vast provides more cost-effective emission manufacturers anticipated that a majority of aggressive driving emissions. benefits than advanced cold start primary cause of higher emissions approaches. Although intermediate soak B. Intermediate Soak Periods during aggressive operation would be emissions will likely be reduced to ‘‘commanded enrichment,’’ which is The Agency examined the causes of some extent due to directional done by programming the vehicle’s post-soak emissions using data from the improvements in cold start computer to change the air/fuel ratio to EPA Soak/Start Test Program and a performance, EPA believes that on Tier the rich side (more fuel for the same air) preliminary program called the Albany 1 vehicles intermediate soak emissions of stoichiometric operation, typically in Cooldown Study that gathered real- will continue to be relatively significant response to high loads on the engine. world engine and catalyst cooldown because the primary cause of Aggressive driving, positive road grade, profiles. The data from these programs intermediate soak emissions—rapid increased vehicle loading, and air indicated that increased emissions cooling of the catalyst—will remain conditioning operation all generate following intermediate soaks arise in unaddressed. Because insulation increased load on the engine. Further, three ways: directly addresses catalyst cooldown, • the effect of these factors are Rapid catalyst cooldown following EPA anticipates that this approach will keyoff, incur significant emission reductions cumulative. Manufacturers currently • employ commanded enrichment in Slow catalyst thermal recovery over intermediate soaks on Tier 1 essentially all applications when high following a restart, and vehicles, including those which will • Manufacturer calibration strategies load at the engine (regardless of the incidentally reduce intermediate soak in response to the startup condition. source) is detected, both to provide emissions through improved cold start The Agency data indicate the catalyst increased power and to cool the engine performance. cools to below the temperature needed or catalyst. to sustain significant catalytic activity C. Air Conditioner Operation Using data from EPA’s Non-LA4 Test (‘‘light-off’’ temperature) within 20–30 Program, supplemented by AAMA/ The Agency focused on the NOX minutes of vehicle shutoff, while the impacts from A/C use because of the AIAM data,23 the Agency concluded engine is still near its normal operating large observed increases. The increases elevated HC and CO emissions during temperature. Data also indicated a in tailpipe NOX with the A/C operating significant delay in achieving light-off seen in the ACR Test Program could 23 AAMA/AIAM spotlighted commanded enrichment by retesting a portion of the vehicles in temperature upon restart, apparently clearly be linked to large increases their test program in a stoichiometric configuration, due to the cool initial temperature of the observed in engine out NOX, which are as well as in the ‘‘production’’ configuration and engine-out exhaust. Because tailpipe probably caused primarily by higher provided second-by-second data acquisition emissions increase dramatically when capability for emissions and a variety of engine and combustion temperatures due to the emission control parameters, allowing fine scrutiny the catalyst is below light-off additional load of the A/C system. of individual driving events. temperatures, the relatively long delay Tailpipe NOX can be improved by Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7419 increasing NOX conversion efficiency in ensure sufficient content from the tradeoffs could have on the appropriate the catalyst or decreasing engine out highest-emission operating modes to level of CO control. • NOX. Control strategies include prompt manufacturers to employ Although concern has been improving control of the A/F ratio, appropriate control strategies, including expressed that removal of commanded eliminating the lean-on-cruise curtailing commanded enrichment. enrichment could impose a 2 percent to calibration strategy, adjusting spark Third, the Agency sought consensus 10 percent power penalty, EPA believes timing, adding or enhancing EGR with CARB, to avoid duplicate or power enrichment would not be systems strategic cycling of the A/C incompatible test requirements. Fourth, precluded outright by this proposal, but compressor, and improving catalysts to EPA sought to reasonably account for rather curtailed only within the enhance NOX conversion efficiency. technical concerns raised by vehicle durations and speed-acceleration The testing at ACR confirmed that HC manufacturers, particularly combinations found in the US06 cycle. and CO were also impacted by A/C manufacturer comment on the necessity Thus, the Agency has concluded on the operation. The Agency believes that of some commanded enrichment events basis of available data that compliance these HC and CO increases are related to avoid elevated catalyst temperature with the US06 standard should have a to the increased load on the engine levels from in-use operation leading to negligible effect on vehicle performance. triggering additional periods of catalyst deterioration.24 Fifth, EPA Additional data on the effect on vehicle commanded enrichment when the A/C sought to pursue cost saving elements performance under this proposal is is on. The Agency believes that the like reduction in test time where requested. • control strategies for HC and CO practical. Sixth, the Agency sought The Agency has proposed discussed in ‘‘IX.A. Aggressive Driving practical control of microtransient adjustments to the US06 for all HLDTs Emissions’’ will eliminate HC and CO behavior, a candidate area of control and some LDVs and LDTs. These emissions increases due to A/C that spans all driving. Finally, EPA include a change in determing inertia operation as well as during aggressive favored strategies to control aggressive weight for HLDTs, dynamic load driving. driving emissions that would also adjustment for low-performance address the potentially significant (but vehicles, and demonstration of X. Options Considered and Information stoichiometric control for wide-open Needed unquantified) emissions from other engine load factors like road grade. throttle events for high-performance The following outlines the options vehicles. Comments and data are which EPA has considered in A full analysis of each option, how it solicited on the appropriateness of these developing today’s proposal and issues was evaluated, how the level of adjustments and of the weight-to-power on which more information is needed. emission control was determined, and cutpoints. Of special concern is the As has been indicated, EPA and other the feasibility of the approach is in the possible unfair advantage the proposed stakeholders conducted extensive Support Document to the Proposed high performance cut-off may provide to research and examined many options. Regulations for Revisions to the Federal vehicles in the 18–21 W/P range. While today’s proposal selects the Test Procedure: Detailed Discussion and • The Agency has proposed a W/P- approach EPA felt would provide the Analysis and Technical Reports and based measure for the performance most emission benefits feasible, in comment on the analysis is welcome. cutoffs after also considering the developing the final rule EPA will Comment is specifically solicited on the alternative performance criteria based reconsider each of the options in terms following items: on a vehicle’s acceleration time from of new research and data submitted. The • Comment is requested on the need zero to 60 mph. The Agency rejected the Agency welcomes comments and to allow some commanded enrichment zero to 60 time approach on the basis of additional data on these and any other events during the USO6 Cycle to avoid practical problems related to points. A full discussion of these issues elevated catalyst temperature levels establishing appropriate cutoff points and a detailed analysis of each option is from in-use operation leading to catalyst and a standardized procedure for found in the Support Document to the deterioration. determining zero to 60 times. The Proposed Regulations for Revisions to • The Agency is proposing that US06 Agency solicits comments on the the Federal Test Procedure: Detailed HC and NMHC emissions be controlled proposed method for making vehicle Discussion and Analysis. to the same gram-per-mile emission performance adjustments, as well as levels currently achieved on the second input on alternatives, including the one A. Affecting Aggressive Driving Cycle discussed above. bag of the FTP. US06 CO and NOX The Agency evaluated three basic emissions are proposed to be controlled options for establishing standards and B. Affecting Start Driving Cycle and to overall FTP emission levels. These Intermediate Soak vehicle testing aimed at controlling proposals are based upon the Agency’s The compliance program approach emissions from aggressive driving. Two analyses of the potential control evaluated for intermediate soaks and options were based on emission technology and their related costs and start driving was an emission performance standards with compliance emission reductions, which are performance standard applied to the measured using a test cycle, and one described in detail in the Technical results of testing over an emission option was based on a performance Reports. Comments and additional data control cycle following a soak period of standard using the A/F ratio with a addressing these proposed levels of intermediate duration. As with control related test procedure. control are solicited. Additional The Agency was guided by seven program approaches for aggressive information and data are also requested criteria in evaluating the options. First, driving emissions, EPA believes that an about the potential tradeoffs between EPA sought an option that would lead emission performance standard NOX and CO control during aggressive to control of emissions over the broad provides the most direct method of driving, and on the impact such range of aggressive driving behavior controlling the emissions arising during found in the in-use driving survey data. the particular type of vehicle operation. 24 Second, due to the non-linear nature of The relationship between curtailing Given the particular causes of high commanded enrichment and catalyst deterioration HC and CO emission increase during is addressed in the discussion of feasibility in the emissions in this case, use of design enrichment, a high priority was to Technical Report. standards or system performance 7420 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules standards would be particularly Data and comments are solicited on the • The control cycle for A/C-related complex and restrictive of the feasibility of catalyst insulation and its emissions being proposed is the 866 manufacturers’ options. impact on catalyst operation and plus SC01. While the Agency believes The Agency developed a new Start durability. these are the best cycles for A/C control, Control Cycle (SC01) to be used for • Comments are solicited on comments are solicited on the controlling emissions following strategies to mitigate temperature possibility of substituting the 505 intermediate soaks. Initial idles and increases in the catalyst brought about component of the LA4 for SC01. start driving are addressed in SC01 by by insulation (such as moving the Comments are also solicited on whether incorporating the EPA Start Cycle catalyst further downstream and full A/C simulation should be added to (ST01) in its entirety. The balance of subsequently conserving exhaust heat the US06 cycle. SC01 is composed of two microtrips of ahead of the catalyst to not impair cold • A cold start test is not included in moderate driving, selected from the in- start performance, or switching to more today’s proposal, but the Agency does use survey database in order to bring the temperature-resistant noble metals like believe that it may be appropriate to total distance of the new control cycle palladium), as well as spinoff effects of return to this issue with respect to up to match the 3.6-mile distance of the such strategies. future technologies and future test • 505 Cycle; the resulting cycle is 568 The Agency believes it is necessary procedures and emission standards. The seconds long.25, 26 to move forward with an intermediate Agency specifically solicits comments A full analysis of the approaches and soak standard either if a significant on this issue. issues considered, how each was proportion of vehicles are certified to • Independent from determining the evaluated, how the level of emission Tier 1 standards for a significant time appropriate control cycles for testing, control was determined, and the period following implementation or if it the Agency evaluated three principle feasibility of the proposed approach is is cost effective and feasible to pursue options for simulating A/C operation on in the Support Document to the control over intermediate soaks on a given test cycle.28 The Agency Proposed Regulations for Revisions to vehicles certified to the lower standards. requests comment on the potential the Federal Test Procedure: Detailed The Agency requests comment on the applicability of each option and the Discussion and Analysis and Technical issues of cost-effectiveness and various methods of implementing each Reports and comment on the analysis is feasibility of an intermediate soak option, whether any specific method welcome. Comment is specifically requirement on vehicles certified to should be retained as an option in the solicited on the following items: lower emission standards. final rule to allow for its future • The Agency believes that • Criteria are being considered to development and use by petitioning for manufacturers should be able to control permit manufacturers to forego the data Agency approval. The ‘‘Nissan-II’’ emissions on the SC01 cycle following submittal requirement for SC01 testing approach is currently being evaluated a soak of from 10- to 60-minutes to the following a 60-minute soak on an engine by a consortium of auto manufacturers same gram-per-mile emission levels family basis, allowing manufacturers to and the Agency expects to review and currently achieved on the third bag of reduce the SFTP soak duration to 10 the FTP. Comment on the evaluate the data as soon as it becomes minutes. Under this option, available. The Agency specifically appropriateness of this level of standard manufacturers would be allowed to and method for determining compliance requests comments and data that would submit a technical justification allow a better evaluation of this is requested. demonstrating that an engine family • The Agency believes that internal approach and its viability, as well as would clearly pass the intermediate suggested improvements that would catalyst insulation does not pose a soak requirement. The Agency solicits temperature-based feasibility problem alleviate the Agency’s concerns, as comment on this option and potential detailed in the Support Document to the for underbody catalysts.27 However, criteria for granting such a waiver. EPA had insufficient data to reach a Proposed Regulations for Revisions to firm view on this issue for the small C. Affecting Air Conditioner Operation the Federal Test Procedure: Detailed Discussion and Analysis. number of Tier 1 vehicles which might The Agency analyzed several possible • need to insulate close-coupled catalysts. approaches to compliance testing The Agency has estimated that Thus, EPA solicits comments or data on designed to control emissions due to vehicles can maintain existing NMHC the temperature-based feasibility of A/C operation. These options hinged on and CO emission levels with the A/C insulation for close-coupled catalysts. determination of two important turned on. For NOX, the Agency • The Agency believes that elements—the choice of a control cycle believes that 25 percent of the NOX application of catalyst insulation as a and the choice of a methodology for increase with the A/C engaed is likely strategy for control of emissions simulating A/C operation over that to be unavoidable without increasing following intermediate soaks is feasible. cycle. The Agency pursued a control the stringency of the current NOX program for A/C-on emissions that standard, but is proposing to control the 25 The severity of one SC01 acceleration was utilized an emission performance other 75 percent. The Agency requests artificially modified to be less severe than in the standard rather than other control comments on the feasibility of this original microtrip. This preserved the design proposed level of control and the objectives of matching the 505 trip distance and options. reflecting moderate, rather than aggressive driving. A full analysis of each option technology implications of controlling The representative level of microtransient behavior considered, how it was evaluated, how to this level. in the cycle was unaffected by this change. the level of emission control was 26 Analysis of the two microtrips used to complete determined, and the feasibility of the 28 The three options—bench testing, SC01 shows higher power levels than the approach is in the Support Document to dynamometer simulation, and running test with A/ comparable portion of the 505. The Agency plans C on—are discussed in more detail in the Support to replace these microtrips with those which match the Proposed Regulations for Revisions Document to the Proposed Regulations for power levels of the 505 more closely. The to the Federal Test Procedure: Detailed Revisions to the Federal Test Procedure: Detailed completed cycle, known as SC02, will replace SC01 Discussion and Analysis and Technical Discussion and Analysis and the Final Technical and serve the same purpose. Reports and comment on the analysis is Report on Air Conditioning for the Federal Test 27 Per vehicles with both under-body and close- Procedure Revisions Notice of Proposed coupled catalysts, EPA anticipates that only the welcome. Comment is specifically Rulemaking U. S. Environmental Protection underfloor catalyst would need to be insulated. solicited on the following items: Agency. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7421 D. Affecting Whole Proposal concerning stand-alone standards, or the exempting alternative- and/or diesel- The Agency evaluated four different simple average of the composite fueled vehicles from the SFTP options to translate the proposed level standards, should include consideration requirements, but decided such vehicles of emission control for US06, of how to set appropriate standards for would be able to comply. Information 29 intermediate soak, and A/C into both intermediate and full useful life. and data related to applying today’s compliance procedures and appropriate Durability procedures for new stand- proposal to alternative- and diesel- emission standards. The first option alone standards should also be fueled vehicles are welcome. • The Agency is asking for comments would set stand-alone standards for addressed. • on whether or not it would be each control area. Compliance Because replacing the FTP would appropriate to establish a single procedures and standards would be offer better assurances of in-use NMHC+NOX standard for stand-alone established individually for aggressive emission control and would simplify A/C or soak/start requirements or for the and microtransient driving behavior, A/ the test procedure, EPA believes it proposed composite standards. C, and intermediate soaks. The second makes sense in the long term to Comments are also solicited on both the option would combine the three non- consolidate all the test requirements potential emission impacts and cost FTP areas of control into a single into a revised FTP. However, to avoid implications of this proposed standard. The third option would jeopardizing work on more stringent emission standards and to avoid alternative. establish a composite standard based on • Comments are requested on the results drawn from both the SFTP and delaying implementation of today’s proposal, EPA believes it is better to benefits and feasibility of the proposed the FTP. While the basic concept is phase-in schedule from MY1998 to similar to the second option, the incorporate consolidation of the FTP with future consideration of tighter 2001. The Agency is particularly approach is specifically structured to interested in data and comments on directly implement the proposed level federal standards. Comments are solicited on when consolidation should how potential concerns with higher of control for each area using bag catalyst temperatures should influence weights and to preserve the existing FTP occur. • Under the non-FTP composite lead time, as well as how these concerns compliance margins. The fourth option approach, the bag weights for each cycle should be balanced with the objective to considered by EPA would replace the are selected to mirror the proposed level obtain the emission benefits under this current FTP with an entirely new FTP of control determined using the in-use rulemaking as quickly as possible. If it that reflects, as accurately as possible, driving survey data. (A discussion of the appears that wholesale elimination of actual driving behavior. proposed level of control for each commanded enrichment with short lead A full analysis of each option, how it time could introduce unanticipated was evaluated, and the feasibility of pollutant and how it was determined can be found in the Final Technical problems with catalyst deterioration, each approach is in the Support EPA may elect to spread the Document to the Proposed Regulations Report on Aggressive Driving Behavior for the Revised Federal Test Procedure implementation of the requirements for Revisions to the Federal Test over a longer period in the final rule. Procedure: Detailed Discussion and Notice of Proposed Rulemaking). Comments are requested on the method Another option might be to set an Analysis. Comment on the analysis is intermediate standard level for the welcome. Comments are specifically used to select each weighting factor or the weighting given to each bag when initial phase-in. Comments are solicited solicited on the following issues which on the relative benefits and costs of an relate to all cycles in the SFTP or determining compliance with the composite non-FTP emission standards. intermediate standard compared to a changes to the FTP. • phase-in directly to the final standards. • Use of a composite non-FTP Emission standards are proposed to • be set at current Tier 1 FTP levels, with Today’s proposal provides two emission standard was chosen as the blanket, automatic substitutions from an adjustment made for NOX, and are central approach chosen instead of the SFTP to the FTP to reduce testing using individual stand-alone standards, tied to future changes in the FTP standards. Comments on tying the non- costs and time for manufacturers. No a single combined stand-alone standard, substitution of FTP bags into the SFTP a replacement FTP, or some other FTP composite standards to FTP standards, the method used for calculation is allowed. Flexibility in option not considered. Stand-alone preconditioning is also provided in the standards or a single combined stand- determining the standards, the NoX adjustment provided, or the need for proposal. If stand-alone standards are alone standard were not chosen promulgated, EPA is considering an primarily because of the lack of data to other adjustments are requested. • The Agency considered separating exemption from the intermediate soak determine appropriate compliance LDVs and LDTs but determined driving requirements. Comments on any of margins and the difficulty in behavior was similar between these these aspects or related matters are determining a single emission level classes. Some adjustments are provided requested. given the disparity in emission levels • in the proposal for specific vehicle Today’s proposal will improve the from vehicle to vehicle. Replacing the types, transmission types, and accuracy of the dynamometer current FTP at this time was not chosen performance rating. Comments on the simulation of actual on-road operation primarily because revising the existing method used for determining these during vehicle testing. In addition, the FTP would potentially impact the adjustments, the need for other change in dynamometers to improve stringency of more stringent emission adjustments, or other related issues are accuracy also allows modifying the standards currently being considered for welcome. equivalent test weight requirements to different parts of the country, such as • Very little emission data currently remove the cap. Comments are solicited the California LEV and ULEV standards, exists on emission impacts using fuels on these changes. efforts by the Northeast states to adopt • Comments are specifically solicited other than gasoline during the SFTP. California requirements, and voluntary on the need for additional lead time to Because of this, EPA considered 49-state emissions standards implement the new road load (‘‘FEDLEV’’). Additional information requirements in terms of the 29 Tier 1 standards were set for two points in the and data are requested on the use of any useful life of a vehicle—50,000 miles (intermediate) dynamometer changes. If data and of these approaches. Comments and 100,000 miles (full). additional information submitted 7422 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules supports longer lead times, the Agency averages of the emission results of these These emission reduction numbers may elect to phase in the FTP under the test vehicles over the various new test constitute the emission reductions same phase-in schedule used for the procedures constitute the baseline associated with the proposed new SFTP requirements. Under this emissions used in this analysis. requirements in g/mi. These g/mi values alternative, any engine family included A. Emission Reductions were converted into the estimated in the SFTP phase-in would also use the lifetime emission reduction per vehicle improved road load simulations for FTP The emission reductions used in this using assumptions about average annual testing. To minimize the laboratory analysis were calculated by subtracting mileage accumulation rates, a discount burden of maintaining two different sets the proposed level of control for each rate of seven percent, and estimated of dynamometers, EPA would like to control area from the baseline test survival rates. The results are listed in couple any phase-in of the new road vehicle emissions. These test vehicle Table 5; a detailed discussion of the load requirements with procedures reductions were then weight averaged to allowing an electric dynamometer to methodology can be found in the simulate the reductions associated with Regulatory Impact Analysis. simulate the existing dynamometer the actual in-use vehicle fleet mix. It load. Comments addressing new road should be noted that the test results load lead time should also comment on TABLE 5.ÐDISCOUNTED LIFETIME were derived for an average vehicle with EMISSION REDUCTIONS POUNDS how such a simulation could be a 50,000 mile catalyst and do not PER VEHICLE incorporated. include any allowance for in-use • Changes to allow ‘‘appropriate’’ compliance margins. Thus, the emission throttle action and new speed tolerance Control area NMHC CO NOX benefits calculated here are likely to be criteria are included in today’s proposal. understated. For each test cycle, a range of acceptable US06 ...... 10.1 441 11.4 speed variation is created using the The average emission factor impacts Soak/start ...... 4.1 4 6.8 DPWRSUM 30 variable. Each driving per vehicle associated with the Air conditioning . 0.0 0 16.9 cycle has a unique value of DPWRSUM, proposed regulations are shown in Total ...... 14.2 445 35.1 which is compared to the DPWRSUM Table 4. The calculated results for A/C calculated from the driver’s trace (what control listed in Table 4 include a factor the vehicle actually drove) to determine to account for driving with the A/C The tons per summer day emission a valid test. Comments are solicited on ‘‘on’’ versus driving with it ‘‘off.’’ A reductions in various years as a result of these aspects of today’s proposal, recent survey of actual A/C operation in the proposed test procedure specifically on the proper method for Phoenix, AZ found that the compressor modifications were estimated using setting the lower DPWRSUM threshold was engaged about 61 percent of the vehicle miles traveled (VMT) for for a valid test. time during typical ozone exceedance different model year vehicles during days. Thus, the estimated g/mi each year of interest, the emission factor XI. Environmental and Economic reduction from A/C control was reductions shown in Table 4, and the Impacts multiplied by 0.61 for inclusion in proposed phase-in schedule. These To estimate the emission reductions Table 4. calculations are show in Appendix B of associated with the proposal, the the Regulatory Impact Analysis (RIA) expected lifetime emission reductions TABLE 4.ÐAVERAGE EMISSION and are summarized in Table 5. The were determined per vehicle sold after FACTOR REDUCTION PER VEHICLE percent reduction columns in Table 6 implementation of the proposed compare these estimated tons per regulations. Baseline emissions are NMHC CO NOX summer day (tpsd) emission reductions taken from the extensive test programs Control area (g/mi) (g/mi) (g/mi) to the baseline emissions for the light- conducted by the Agency and the duty fleet (cars and trucks). Calculations original equipment manufacturers in High speed/accel 0.055 2.39 0.062 support of the FTP Review Project, as Soak/start ...... 0.022 0.02 0.037 for these percentage reductions are Air conditioning . 0.000 0.00 0.91 discussed earlier. The weighted shown in Appendix C of the RIA. TABLE 6.ÐFLEET EMISSION REDUCTIONS IN TONS/SUMMER DAY AND PERCENT OF LIGHT-DUTY FLEET NMHC CO NOX tpsd % tpsd % tpsd % 2005 ...... 404 4 12655 11 1000 9 2010 ...... 577 6 18047 15 1427 12 2015 ...... 694 7 21717 17 1717 14 2020 ...... 765 8 23938 18 1892 14 B. Economic Impact control and associated development and The cost estimates correspond to costs redesign costs, improved engine control incurred by the manufacturer in The proposed additions to emission calibrations, and increased costs complying with the proposed test procedures will impose several associated with the certification process requirements. These costs can be costs on the original equipment including durability data vehicle testing divided into fixed and variable costs. manufacturers. These costs include and reporting. Fixed costs are those costs made prior added hardware for improved emission to vehicle production and are relatively 30 DPWRSUM is the sum in the change in power, a statistic which is derived from the vehicle speed. Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules 7423 independent of production volumes. the assumptions and data included in pollutant reduced. The costs presented The fixed costs considered in this these estimates can be found in the RIA. in Table 7 are not necessarily equally analysis are those for engine control spread among the three pollutant recalibration, vehicle redesign, TABLE 7.ÐREGULATORY COST emissions (NMHC, CO, and NOX). Since mechanical integrity testing on ESTIMATES the requirements associated with A/C redesigned engine families, certification are targeted for NOX control, all costs durability demonstration, annual Annual cost Cost/vehicle associated with A/C have been allocated ($ million) ($) certification costs, and test facility to NOX. For US06, the costs associated upgrades and construction. Variable US06 ...... 16.8 1.12 with each area have been allocated costs are costs for the necessary Soak/start ...... 139.4±187.0 9.30±12.47 equally across each pollutant. As the CO emission control hardware and are, by A/C ...... 18.3 1.22 reduction from soak/start is minimal, nature, directly dependent on Totals ..... 174.5±222.1 11.63±14.81 the costs associated with soak/start have production volume. Table 7 presents a been split equally between NMHC and C. Cost-Effectiveness summary of the cost estimates NOX. Table 8 contains the per vehicle calculated by the Agency. Discussion of The cost-effectiveness estimate cost allocation to each pollutant within represents the expected cost per ton of each control area. TABLE 8.ÐCOST ALLOCATION ($/VEHICLE) NMHC CO NOX Total US06 costs ...... 0.37 0.37 0.37 1.12 Soak/start costs ...... 4.65±6.23 0.00 4.65±6.23 9.30±12.47 A/C Costs ...... 0.00 0.00 1.22 1.22 Total ...... 5.02±6.61 0.37 6.24±7.83 11.63±14.81 Dividing the costs shown in Table 8 by the lifetime emission reductions shown in Table 5, gives the cost-effectiveness estimates shown in Table 9. TABLE 9.ÐCOST-EFFECTIVENESS ESTIMATES ($/TON) Control area NMHC CO NOx US06 ...... 74 2 65 Soak/start ...... 2291±3072 NA 1362±1827 A/C ...... NA NA 153 Total ...... 707±930 2 355±445 D. Consumer Impacts rate and a seven percent discount factor, expenses. Comments and data are Two impacts on value to the results in an estimated lifetime fuel solicited on ways to quantify the consumer not included in the above economy savings of $16.56, based on a consumer value of the power loss. estimates are potential savings gasoline cost of $0.80 per gallon, The Agency does not anticipate that 31 associated with reduced fuel excluding state and federal taxes. A today’s proposal will have any impact consumption and impact on the more detailed discussion of fuel on Inspection/Maintenance programs. economy cost savings can be found in horsepower output of some vehicle XII. Public Participation engines. As previously discussed, EPA the RIA for this rule. expects manufacturers to eliminate or Accompanying the lost horsepower A. Comments and the Public Docket greatly reduce the amount of output will be the potential for some The Agency welcomes comments on commanded enrichment currently used consumers to consider such affected all aspects of this proposed rulemaking. in order to meet the NMHC and CO vehicles as having less value. The All comments, with the exception of standards for the US06 control cycle. Agency does not believe that this lost proprietary information, should be Due to the lower fuel consumption value will be noticed by most directed to the EPA Air Docket Section, associated with stoichiometric air/fuel consumers, as the horsepower loss is Docket No. A–92–64 (see ADDRESSES). control as compared to commanded quite small, but acknowledges its Commenters who wish to submit enrichment, this action will result both potential effect nonetheless. Due to the proprietary information for in a small improvement in fuel economy difficult nature of trying to quantify a consideration should clearly separate and a small loss in horsepower output. cost associated with reduced power such information from other comments The Agency approximated the fuel output, or reduced 0 to 60 mph by: economy benefit by determining how acceleration time, etc., the Agency has • Labeling proprietary information much extra fuel is used during not been able to quantify the loss in ‘‘Confidential Business Information’’ commanded enrichment operating consumer value. However, the Agency and modes and the in-use incidence of these believes that this cost should be roughly • Sending proprietary information commanded enrichment operating negated by the associated savings in fuel directly to the contact person listed (see modes. The result was an estimated 0.51 FOR FURTHER INFORMATION CONTACT) and percent reduction in fuel consumption. 31 From Cost Projections, FFA, 1992, updated not to the public docket. from DOE/EIA Monthly Energy Review, May 1994, Using this fuel consumption reduction and DOT/FHA. According to FHA, average sales- This will help ensure that proprietary and multiplying it by the miles driven weighted state taxes for gasoline were 18.54¢ in information is not inadvertently placed in a given year, the appropriate survival June 1994. Federal tax is 18.4¢. in the docket. If a commenter wants 7424 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Proposed Rules EPA to use a submission labeled as XIII. Administrative Designation XV. Reporting and Recordkeeping confidential business information as Requirement part of the basis for the final rule, then Under Executive Order 12866 (58 FR 51735), the Agency must determine The information collection a nonconfidential version of the requirements in this proposed rule have document, which summarizes the key whether the regulatory action is been submitted for approval to the data or information, should be sent to ‘‘significant’’ and therefore subject to Office of Management and Budget the docket. OMB review and the requirements of Information covered by a claim of the Executive Order. The Order defines (OMB) under the Paperwork Reduction confidentiality will be disclosed by EPA a ‘‘significant regulatory action’’ as one Act, 44 U.S.C. 3501 et seq. An only to the extent allowed and by the that is likely to result in a rule that may: Information Collection Request procedures set forth in 40 CFR part 2. (1) Have an annual effect on the document has been prepared by EPA If no claim of confidentiality economy of $100 million or more or (ICR No. 2060–0104) and a copy may be accompanies the submission when it is adversely affect in a material way the obtained from Sandy Farmer, received by EPA, the submission may be economy, a sector of the economy, Information Policy Branch, EPA, 401 M made available to the public without productivity, competition, jobs, the St., SW (Mail Code 2136), Washington, notifying the commenters. environment, public health or safety, or DC 20460 or by calling (202) 260–2740. State, local, or tribal governments or The information collection burden B. Public Hearing communities; associated with this rule (testing, record keeping and reporting requirements) is Anyone wishing to present testimony (2) Create a serious inconsistency or about this proposal at the public hearing estimated to average 566 hours annually otherwise interfere with an action taken for a typical manufacturer. However, the (see DATES) should, if possible, notify or planned by another agency; the contact person (see FOR FURTHER hours spent annually on information INFORMATION CONTACT) at least seven (3) Materially alter the budgetary collection activities by a given days prior to the day of the hearing. The impact of entitlements, grants, user fees, manufacturer depends upon contact person should be given an or loan programs or the rights and manufacturer-specific variables, such as estimate of the time required for the obligations of recipients thereof; or the number of engine families, presentation of testimony and (4) Raise novel legal or policy issues production changes, emissions defects, notification of any need for audio/visual arising out of legal mandates, the and so forth. The burden estimate equipment. A sign-up sheet will be President’s priorities, or the principles includes such things as reviewing available at the registration table the set forth in the Executive Order. instructions, searching existing data morning of the hearing for scheduling Pursuant to the terms of Executive sources, setting up and maintaining those who have not notified the contact Order 12866, it has been determined equipment, performing emission testing, earlier. This testimony will be that this rule is a ‘‘significant regulatory gathering and maintaining data, scheduled on a first-come, first-served action’’ because of annual impacts on performing analyses, and reviewing and basis, and will follow the testimony that the economy that are likely to exceed submitting information. is arranged in advance. $100 million. As such, this action was Send comments regarding the burden The Agency recommends that submitted to OMB for review. Changes estimate or any other aspect of this approximately 50 copies of the made in response to OMB suggestions or collection of information, including statement or material to be presented be recommendations will be documented suggestions for reducing this burden to brought to the hearing for distribution to in the public record. Chief, Information Policy Branch, EPA, the audience. In addition, EPA would 401 M St., SW (Mail Code 2136), find it helpful to receive an advance XIV. Regulatory Flexibility Act Washington, DC 20460 and to the Office copy of any statement or material to be The Regulatory Flexibility Act of 1990 of Information and Regulatory Affairs, presented at the hearing at least one requires federal agencies to identify Office of Management and Budget, week before the scheduled hearing date. potentially adverse impacts of federal Washington, DC 20503, and marked This is to give EPA staff adequate time regulations upon small entities. In ‘‘Attention: Desk Officer for EPA.’’ The to review such material before the instances where significant impacts are final rule will respond to any OMB or hearing. Such advance copies should be possible on a substantial number of public comments on the information submitted to the contact person listed. these entities, agencies are required to collection requirements contained in The official records of the hearing will perform a Regulatory Flexibility this proposal. be kept open for 30 days following the Analysis (RFA). hearing to allow submissions of rebuttal List of Subjects in 40 CFR Part 86 The Agency has determined that this and supplementary testimony. All such Administrative practice and action will not have a significant impact submittals should be directed to the Air procedure, Air pollution control, on a substantial number of small Docket, Docket No. A–92–64 (see Confidential business information, entities. This regulation will affect only ADDRESSES). Environmental protection, Gasoline, manufacturers of motor vehicles, a The hearing will be conducted Imports, Labelling, Motor vehicles, group which does not contain a informally, and technical rules of Motor vehicle pollution, Reporting and substantial number of small entities. evidence will not apply. Written recordkeeping requirements. transcripts of the hearing will be made Therefore, as required under section and a copy thereof placed in the docket. 605 of the Regulatory Flexibility Act, 5 Dated: January 31, 1995. Anyone desiring to purchase a copy of U.S.C. 601 et. seq., I certify that this Carol M. Browner, the transcript should make individual regulation does not have a significant Administrator. arrangements with the court reporter impact on a substantial number of small [FR Doc. 95–2833 Filed 2–6–95; 8:45 am] recording the proceeding. entities. BILLING CODE 6560±50±P federal register February 7,1995 Tuesday Generalized SystemofPreferences Proclamation 6767ÐToAmendThe The President Part X 7425 7427 Federal Register Presidential Documents Vol. 60, No. 25 February 7, 1995 Title 3— Proclamation 6767 of February 3, 1995 The President To Amend the Generalized System of Preferences By the President of the United States of America A Proclamation 1. Pursuant to sections 501 and 502 of the Trade Act of 1974, as amended (‘‘trade Act’’) (19 U.S.C. 2461 and 2462), and having due regard for the eligibility criteria set forth therein, I have determined that it is appropriate to designate Armenia as a beneficiary developing country for purposes of the Generalized System of Preferences (GSP). 2. Pursuant to section 504(f) of the Trade Act (19 U.S.C. 2464(f)), I have determined that the per capita gross national product of The Bahamas has exceeded the applicable limit provided for in section 504(f). Accordingly, pursuant to section 504(a) of the Trade Act (19 U.S.C. 2464(a)), I have determined that it is appropriate to suspend the designation of The Bahamas as a beneficiary developing country for purposes of the GSP, and pursuant to section 504(f) of the Trade Act, I have determined that it is appropriate to terminate such designation. 3. Pursuant to section 504(f) of the Trade Act, I have determined that the per capita gross national product of Israel has exceeded the applicable limit provided for in section 504(f). Accordingly, I have determined that it is appropriate to terminate the designation of Israel as a beneficiary developing country for purposes of the GSP. 4. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of the provisions of that Act, and of other acts affecting import treatment, and actions thereunder. 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 501, 504, and 604 of the Trade Act, do proclaim that: (1) General note 4(a) to the HTS, listing those countries whose products are eligible for benefits of the GSP, is modified by: (a) inserting ‘‘Armenia’’ in alphabetical order in the list of independent countries; (b) deleting ‘‘Bahamas, The’’ and ‘‘Israel’’ from the list of independent countries; and (c) deleting ‘‘Bahamas, The’’ from the list of Member Countries of the Caribbean Common Market, and amending the heading of that list to read ‘‘Member Countries of the Caribbean Common Market (CARICOM), except The Bahamas’’. (2) General note 4(d) to the HTS is modified as provided in Annex I to this proclamation. (3) Any provisions of previous proclamations and Executive orders incon- sistent with the provisions of this proclamation are hereby superseded to the extent of such inconsistency. 7428 Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 / Presidential Documents (4)(a) The modifications to the HTS made by paragraph (1)(a) of this proclamation shall be effective with respect to articles that are: (i) imported on or after January 1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on or after 15 days after the date of publication of this proclamation in the Federal Register. (b) The modifications to the HTS made by paragraphs (1)(b), (1)(c), and (2) shall be effective on July 1, 1995. IN WITNESS WHEREOF, I have hereunto set my hand thisthird day of February, in the year of our Lord nineteen hundred and ninety-five, and of the Independence of the United States of America the two hundred and nineteenth. œ– Billing code 3195–01–P Annex I—Modifications to General Note 4(d) of the HTS 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 July 1, 1995. General note 4(d) is modified by: (a) deleting the following HTS subheadings and the country set out opposite such subheadings: 3909.10.00 .... Israel 4011.91.50 .... Israel 8419.19.00 .... Israel 8419.90.10 .... Israel 8517.30.15 .... Israel (b) deleting the country set out opposite the following HTS subheadings: 2903.40.40 .... Israel 2903.59.40 .... Israel 2918.90.30 .... Bahamas 2933.40.10 .... Israel 7113.19.50 .... Israel [FR Doc. 95–3218 Filed 2-6-95; 11:08 am] Billing code 3190–01–P i Reader Aids Federal Register Vol. 60, No. 25 Tuesday, February 7, 1995 INFORMATION AND ASSISTANCE CFR PARTS AFFECTED DURING FEBRUARY Federal Register At the end of each month, the Office of the Federal Register Index, finding aids & general information 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which Public inspection announcement line 523±5215 lists parts and sections affected by documents published since the Corrections to published documents 523±5237 revision date of each title. 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I ...... 6687 Proposed Rules: Proposed Rules: 38 CFR 208...... 6042 134...... 6464 381...... 6067 3...... 6660 225...... 6042 572...... 6482 4...... 7124 348...... 7139 20 CFR 422...... 7117 39 CFR 47 CFR 13 CFR 64...... 7131 21 CFR Proposed Rules: 107...... 7392 111...... 6047, 7154 73...... 6670 510...... 7121 Proposed Rules: 14 CFR 558...... 7121 40 CFR Ch. 1 ...... 6482 Proposed Rules: 25...... 6616 52 ...... 6022, 6027, 6401, 7124 73 ...... 6068, 6483, 6490, 6689 310...... 6892 33...... 7112 80...... 6030 39 ...... 6397, 6652, 6654 24 CFR 81...... 7124 48 CFR 71 ...... 6657, 6958, 6959, 6960, 82...... 7386 31...... 7133 7115, 7116 91...... 6967 180...... 6032 Proposed Rules: 97 ...... 6398, 6961, 6962, 6963 907...... 6399 261...... 7366 28...... 6602 121...... 6616 29 CFR 270...... 6666 32...... 6602 135...... 6616 825...... 6658 Proposed Rules: 52...... 6602 302...... 6919 52 ...... 6049, 6051, 6052, 6467, Proposed Rules: 30 CFR 6687, 7154 49 CFR Ch. I ...... 6045 914...... 6400 82...... 7390 1...... 7380 192...... 7133 926...... 6006 86...... 7404 25...... 6456, 6632 571...... 6411 Proposed Rules: 180...... 6052 33...... 7380 261...... 6054 Proposed Rules: 39 ...... 6045, 6459, 7140, 7143 Ch. II...... 6977, 7152 653...... 7100 71 ...... 6461, 6462, 6686, 6975 31 CFR 41 CFR 654...... 7100 121...... 6632 575...... 6376 101±40...... 7129 125...... 6632 50 CFR 135...... 6632 32 CFR 43 CFR 17...... 6671, 6968 16 CFR 199...... 6013 Proposed Rules: 229...... 6036 11...... 7154, 7155 611...... 7288 Proposed Rules: 33 CFR 642...... 7134 44 CFR Ch. 1 ...... 6463 117 ...... 6658, 7121, 7122 651...... 6446 64...... 6034, 6035 663...... 6039 17 CFR 34 CFR 65...... 6403, 6404 672...... 7136, 7288 230...... 6965 74...... 6660 67...... 6407 675...... 6974 Proposed Rules: 75...... 6660 206...... 7130 676...... 6448, 7288 270...... 7146 Proposed Rules: Proposed Rules: Proposed Rules: 274...... 7146 668...... 6940 67...... 6470 Ch. 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